1533 Amendments of Gwendoline DELBOS-CORFIELD
Amendment 10 #
2024/2006(REG)
Parliament's Rules of Procedure
Annex II – point 5
Annex II – point 5
5. Where necessary, Members will cooperate promptly and fullyfully, in accordance with the procedures in place forlaid down by the Bureau, with a view to managing situations of conflict or harassment (psychological or sexual), including by responding promptly to any allegations of harassment. Members swhould have not already done so shall take part in specialised training organised for them by the European Parliament on preventing conflict and harassment in the workplace and on good office management. This training shall be completed within the first six months of the Member’s term of office save in duly substantiated exceptional cases. The Members’ certificates of completion of this training will be published on Parliament’s website. It is considered a serious breach of Rule 10(6) if a Member has not completed the specialised training in breach of the second subparagraph. This breach shall lead, pursuant to Rule 176, to the imposition of one or more penalties, which shall include at least the forfeiture of entitlement to the daily allowance for a period of 5 days.
Amendment 10 #
2024/2006(REG)
Parliament's Rules of Procedure
Annex II – point 5
Annex II – point 5
5. Where necessary, Members will cooperate promptly and fullyfully, in accordance with the procedures in place forlaid down by the Bureau, with a view to managing situations of conflict or harassment (psychological or sexual), including by responding promptly to any allegations of harassment. Members swhould have not already done so shall take part in specialised training organised for them by the European Parliament on preventing conflict and harassment in the workplace and on good office management. This training shall be completed within the first six months of the Member’s term of office save in duly substantiated exceptional cases. The Members’ certificates of completion of this training will be published on Parliament’s website. It is considered a serious breach of Rule 10(6) if a Member has not completed the specialised training in breach of the second subparagraph. This breach shall lead, pursuant to Rule 176, to the imposition of one or more penalties, which shall include at least the forfeiture of entitlement to the daily allowance for a period of 5 days.
Amendment 19 #
2023/2501(RSP)
Recital J a (new)
J a. whereas, while the US provides for a new mechanism for remedy for issues related to public authorities’ access to data, the remedies available for commercial matters under the adequacy decision are insufficient; notes that these issues are largely left at the discretion of companies which can select alternative remedy avenues such as dispute resolution mechanisms or the use of companies’ privacy programs;
Amendment 28 #
2023/2501(RSP)
Paragraph 2
2. AcknowledgesTakes note of the efforts made in the EO to lay down limits on US Signals Intelligence Activities, by referring to the principles of proportionality and necessity, and providing a list of legitimate objectives for such activities; points out, however, that these principles are long-standing key elements of the EU data protection regime and that their substantive definitions in the EO are not in line with their definition under EU law and their interpretation by the CJEU; points out, furthermore, that for the purposes of the EU-US Data Privacy Framework, these principles will be interpreted solely in the light of US law and legal traditions; points out that the EO requires that signals intelligence must be conducted in a manner proportionate to the ‘validated intelligence priority’, which appears to be a broad interpretation of proportionality; is concerned that it is not a requirement that analysts conduct a proportionality assessment for each surveillance decision;
Amendment 33 #
2023/2501(RSP)
Paragraph 3
3. Regrets the fact that the EO does not prohibitstill provides for the bulk collection of data by signals intelligence, including the content of communications; notes that the list of legitimate national security objectives can be expanded by the US President, who can determine not to make the relevant updates public; notes that the EO limits the purposes of bulk collection to twelve legitimate purposes and four prohibited purposes; points out that the EO explicitly provides for amendments and expansion of the legitimate purposes by a secret EO; underlines that already the twelve purposes foreseen now are extremely broad; reminds that in "Schrems II", the Court explained that US surveillance failed to satisfy EU law because it failed to require an “objective criterion” “capable of justifying” the government interference with privacy;
Amendment 41 #
2023/2501(RSP)
Paragraph 3 a (new)
3 a. Takes note that the draft adequacy decision tries to manoeuvre around this by playing word-games with “bulk” and “mass” surveillance, which does not change the practice of mass surveillance;
Amendment 42 #
2023/2501(RSP)
Paragraph 3 b (new)
3 b. Does not expect the EO will change the scope of US surveillance in practice; reminds that after Presidential Policy Directive (PPD) 28, which formed the basis for the "Privacy Shield" adequacy decision, the Privacy and Civil Liberties Oversight Board (PCLOB) issued a review report [1] and concluded that PPD-28 had essentially memorialized what the intelligence community was already doing before; expects the same conclusion under the new EO as well; [1] https://documents.pclob.gov/prod/Docume nts/OversightReport/caec5956-e1e4-4d11- a840-6e13114962c1/PPD- 28%20Report%20(for%20FOIA%20Relea se)%20-%20Completed%20508%20- %2012082022.pdf
Amendment 47 #
2023/2501(RSP)
Paragraph 4 a (new)
4 a. Understands that in the US interpretation, “signals intelligence” covers all data access methods provided for in the Foreign Intelligence Surveillance Act (FISA), including from “remote computing service” providers ad added with the FISA Amendment Act §1881a in 2008; calls on the Commission to clarify the definition and scope of “signals intelligence” in the U.S. legal meaning;
Amendment 50 #
2023/2501(RSP)
Paragraph 4 b (new)
4 b. Reminds that under FISA Section 702, the U.S. government still claims the power to target any non-U.S. person abroad to obtain foreign intelligence, broadly defined;
Amendment 54 #
2023/2501(RSP)
Paragraph 5
5. Points out that the decisions of the Data Protection Review Court (‘DPRC’) will be classified and not made public or available to the complainant; points out that the DPRC is part of the executive branch and not the judiciarymeaning that and a person bringing a case will have no chance of being informed about the substantive outcome of the case; points out that the DPRC is part of the executive branch and not the judiciary; its judges are appointed for only four years and can be removed by the US President at will; and the President can overrule its decisions, even in secret; points out that a complainant will be represented by a ‘special advocate’ designated by the DPRC, for whom there is no requirement of independence; points out that the redress process provided by the EO is based on secrecy and does not set up an obligation to notify the complainant that their personal data has been processed, thereby undermining their right to access or rectify their data; notes that the proposed redress process does not provide for an avenue for appeal in a federal court and therefore, among other things, does not provide any possibility for the complainant to claim damages; concludes that the DPRC does not meet the standards of independence and impartiality of Article 47 of the Charter;
Amendment 68 #
2023/2501(RSP)
Paragraph 8
8. Points out that, unlike all other third countries that have received an adequacy decision under the GDPR, the US still does not have a federal data protection law, and that the federal proposals so far do not meet all the requirements of the GDPR for an adequacy finding; strongly encourages again the US legislator to enact legislation that meets those requirements, and to thereby contribute to ensuring that US law provides an essentially equivalent level of protection to that currently guaranteed in the EU; points out that the EO is not clear, precise or foreseeable in its application, as it can be amended at any time by the US President; is therefore concerned about the absence of a sunset clause which could provide that the decision would automatically expire four years after its entry into force;
Amendment 74 #
2023/2501(RSP)
Paragraph 8 a (new)
8 a. Notes that the Data Privacy Framework principles issued by the US Department of Commerce have not undergone sufficient amendments, in comparison to those under the Privacy Shield, to provide essentially equivalent protection to that provided under the General Data Protection Regulation (GDPR);
Amendment 75 #
2023/2501(RSP)
Paragraph 8 b (new)
Amendment 77 #
2023/2501(RSP)
Paragraph 8 c (new)
8 c. Is concerned about the exemptions for not having to adhere to the DPF Principles; stresses the importance of effective redress, oversight and enforcement;
Amendment 81 #
2023/2501(RSP)
Paragraph 10
10. Recalls that, in its resolution of 20 May 2021, Parliament called on the Commission not to adopt any new adequacy decision in relation to the US, unless meaningful reforms were introduced, in particular for national security and intelligence purposes; does not consider the Executive Order issued by President Biden on 7nd October 2022 as meaningful enough;
Amendment 82 #
2023/2501(RSP)
Paragraph 10 a (new)
10 a. Recalls that the European Commission must assess the adequacy of a third country based on legislation and practices in place not only in substance but also in practice as established under Schrems I, Schrems II and the GDPR (recital 104);
Amendment 83 #
2023/2501(RSP)
Paragraph 10 b (new)
10 b. Notes that while the US is making important commitment to improve access to remedy and rules on data processing by public authorities, the US Intelligence Community has until October 2023 to update their policies and practices in line the commitment of the EO (see adequacy decision recital 120) and that the US Advocate General has yet to name the EU and its Members States as qualifying countries to be eligible to access the remedy avenue available under the DPRC; underlines that this means that the Commission was not able to assess “in practice” the effectiveness of the proposed remedies and proposed measures on access to data; therefore, calls on the Commission to only proceed with next step of any adequacy decision once these deadlines and milestones have first been completed by the US to ensure that the commitments have been delivered in practice; in the event that all aspects are sufficiently addressed, points at the EDPB recommendation to conduct reviews every three years;
Amendment 87 #
2023/2501(RSP)
Paragraph 11
11. Concludes that the EU-US Data Privacy Framework fails to create actual equivalence in the level of protection; calls on the Commission to continue negotiations with its US counterparts with the aim of creating a mechanism that would ensure such equivalence and which would provide the adequate level of protection required by Union data protection law and the Charter as interpreted by the CJEU; urges the Commission not to adopt the adequacy finding; urges the Commission to not make the same mistake three times;
Amendment 92 #
2023/2501(RSP)
Paragraph 11 a (new)
11 a. Expects any adequacy decision, if adopted, to be challenged at the Court of Justice again; expects serious consequences within and by the Commission in the predictable scenario that the adequacy decision will again be invalidated by the Court;
Amendment 5 #
2023/2114(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to the Presidency Conclusions of the European Council in Copenhagen of 21-22 June 1993, also known as the Copenhagen Criteria,
Amendment 5 #
2023/2114(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to the Presidency Conclusions of the European Council in Copenhagen of 21-22 June 1993, also known as the Copenhagen Criteria,
Amendment 8 #
2023/2114(INI)
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
– having regard to the conclusions of the General Affairs Council of 29-30 April 1997 on the application of conditionality with a view to developing a coherent EU strategy for relations with the countries in the Western Balkan region,
Amendment 8 #
2023/2114(INI)
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
– having regard to the conclusions of the General Affairs Council of 29-30 April 1997 on the application of conditionality with a view to developing a coherent EU strategy for relations with the countries in the Western Balkan region,
Amendment 13 #
2023/2114(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the European Commission strategy for 'A credible enlargement perspective for and enhanced EU engagement with the Western Balkans' of February 2018,
Amendment 13 #
2023/2114(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the European Commission strategy for 'A credible enlargement perspective for and enhanced EU engagement with the Western Balkans' of February 2018,
Amendment 16 #
2023/2114(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
– having regard to its previous resolutions on the matter, in particular that of 24 October 2019 on opening accession negotiations with North Macedonia and Albania, its recommendation of 19 June 2020 to the Council, the Commission and the Vice- President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy on the Western Balkans, following the 2020 summit and its resolutions on the 2022 Commission reports on Kosovo, Serbia, Albania, Bosnia and Herzegovina and Montenegro,
Amendment 16 #
2023/2114(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
– having regard to its previous resolutions on the matter, in particular that of 24 October 2019 on opening accession negotiations with North Macedonia and Albania, its recommendation of 19 June 2020 to the Council, the Commission and the Vice- President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy on the Western Balkans, following the 2020 summit and its resolutions on the 2022 Commission reports on Kosovo, Serbia, Albania, Bosnia and Herzegovina and Montenegro,
Amendment 18 #
2023/2114(INI)
Motion for a resolution
Citation 3 c (new)
Citation 3 c (new)
– having regard to the Commission communication of 5 February 2020 entitled ‘Enhancing the accession process – A credible EU perspective for the Western Balkans’ (COM(2020)0057),
Amendment 18 #
2023/2114(INI)
Motion for a resolution
Citation 3 c (new)
Citation 3 c (new)
– having regard to the Commission communication of 5 February 2020 entitled ‘Enhancing the accession process – A credible EU perspective for the Western Balkans’ (COM(2020)0057),
Amendment 19 #
2023/2114(INI)
Motion for a resolution
Citation 3 d (new)
Citation 3 d (new)
– having regard to the Council conclusions of July 2020 “Promoting values and rules-based pan-European co- operation and supporting a reinvigorated Council of Europe”,
Amendment 19 #
2023/2114(INI)
Motion for a resolution
Citation 3 d (new)
Citation 3 d (new)
– having regard to the Council conclusions of July 2020 “Promoting values and rules-based pan-European co- operation and supporting a reinvigorated Council of Europe”,
Amendment 20 #
2023/2114(INI)
Motion for a resolution
Citation 3 e (new)
Citation 3 e (new)
– having regard to the 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),
Amendment 20 #
2023/2114(INI)
Motion for a resolution
Citation 3 e (new)
Citation 3 e (new)
– having regard to the 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),
Amendment 21 #
2023/2114(INI)
Motion for a resolution
Citation 3 f (new)
Citation 3 f (new)
– having regard to the European Court of Auditors special report 01/2022 of 10 January 2022 entitled ‘EU support for the rule of law in the Western Balkans: despite efforts, fundamental problems persist’,
Amendment 21 #
2023/2114(INI)
Motion for a resolution
Citation 3 f (new)
Citation 3 f (new)
– having regard to the European Court of Auditors special report 01/2022 of 10 January 2022 entitled ‘EU support for the rule of law in the Western Balkans: despite efforts, fundamental problems persist’,
Amendment 61 #
2023/2114(INI)
Motion for a resolution
Recital A
Recital A
A. whereas eight out of the ten countries (Montenegro, Serbia, North Macedonia, Albania, Bosnia and Herzegovina, Turkey, Moldova and Ukraine) currently aspiring to join the EU have candidate status, some of them since many years ago; whereas thoseKosovo and Georgia are considered ‘potential candidates’; whereas candidate countries find themselves at various stages of the accession process and negotiations; whereas the countries of the Western Balkans have for decades stated their determination to join the EU; whereas candidate status hwas also recently been granted to Ukraine and the Republic of Moldova by the European Council on 23-24 June 2022; whereas on 15 December 2022, the European Council decided to grant EU candidate status to Bosnia and Herzegovina;
Amendment 61 #
2023/2114(INI)
Motion for a resolution
Recital A
Recital A
A. whereas eight out of the ten countries (Montenegro, Serbia, North Macedonia, Albania, Bosnia and Herzegovina, Turkey, Moldova and Ukraine) currently aspiring to join the EU have candidate status, some of them since many years ago; whereas thoseKosovo and Georgia are considered ‘potential candidates’; whereas candidate countries find themselves at various stages of the accession process and negotiations; whereas the countries of the Western Balkans have for decades stated their determination to join the EU; whereas candidate status hwas also recently been granted to Ukraine and the Republic of Moldova by the European Council on 23-24 June 2022; whereas on 15 December 2022, the European Council decided to grant EU candidate status to Bosnia and Herzegovina;
Amendment 70 #
2023/2114(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas, on 8 November 2023, during the presentation of the Enlargement Package, the President of the European Commission announced that the Commission would recommend the Council to open accession negotiations with Ukraine and Moldova, to grant candidate status to Georgia and to open accession negotiations with Bosnia and Herzegovina “once the necessary degree of compliance with the membership criteria is achieved”;
Amendment 70 #
2023/2114(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas, on 8 November 2023, during the presentation of the Enlargement Package, the President of the European Commission announced that the Commission would recommend the Council to open accession negotiations with Ukraine and Moldova, to grant candidate status to Georgia and to open accession negotiations with Bosnia and Herzegovina “once the necessary degree of compliance with the membership criteria is achieved”;
Amendment 76 #
2023/2114(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas enlargement has been the most effective EU’s foreign policy instrument and one of the EU’s most successful policies, but its effectiveness has considerably decreased over the last years due to a failure from the EU side, notably from the Council, to live up to its promises; whereas unfair delays, obstacles and vetoes in the Council have considerably undermined the EU’s credibility and capacity to drive political transformation in the enlargement countries; whereas a new impetus, commitment and vision are urgently needed to re-energise the enlargement process, ensuring its continuity, consistency, credibility and impact;
Amendment 76 #
2023/2114(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas enlargement has been the most effective EU’s foreign policy instrument and one of the EU’s most successful policies, but its effectiveness has considerably decreased over the last years due to a failure from the EU side, notably from the Council, to live up to its promises; whereas unfair delays, obstacles and vetoes in the Council have considerably undermined the EU’s credibility and capacity to drive political transformation in the enlargement countries; whereas a new impetus, commitment and vision are urgently needed to re-energise the enlargement process, ensuring its continuity, consistency, credibility and impact;
Amendment 83 #
2023/2114(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Russia’s war of aggression against Ukraine has given a new geostrategic meaning to the enlargement of the European Union; whereas genuine commitment to enlargement is a strategic geopolitical investment in the future, whichstability, security, unity and prosperity on the European continent; whereas enlargement can be mutually beneficial for both existing and future Member States if the proper conditions are met; whereas past developments such as Russia’s aggression against Ukraine have shown that non-enlargement has a massive strategic cost and can undermine security and stability on our continent;
Amendment 83 #
2023/2114(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Russia’s war of aggression against Ukraine has given a new geostrategic meaning to the enlargement of the European Union; whereas genuine commitment to enlargement is a strategic geopolitical investment in the future, whichstability, security, unity and prosperity on the European continent; whereas enlargement can be mutually beneficial for both existing and future Member States if the proper conditions are met; whereas past developments such as Russia’s aggression against Ukraine have shown that non-enlargement has a massive strategic cost and can undermine security and stability on our continent;
Amendment 103 #
2023/2114(INI)
Motion for a resolution
Recital C
Recital C
C. whereas accession to the EU must always be a merit-based procedure whereby each applicant is assessed on their own merits in fulfilling the Copenhagen criteria, in particular those of ensuring full respect for human rights, democracy and, the rule of law and respect for and protection of minorities; whereas positive outcomes should be sought as quickly as possible, while avoiding fast-tracking or counterproductive fixed deadlines;
Amendment 103 #
2023/2114(INI)
Motion for a resolution
Recital C
Recital C
C. whereas accession to the EU must always be a merit-based procedure whereby each applicant is assessed on their own merits in fulfilling the Copenhagen criteria, in particular those of ensuring full respect for human rights, democracy and, the rule of law and respect for and protection of minorities; whereas positive outcomes should be sought as quickly as possible, while avoiding fast-tracking or counterproductive fixed deadlines;
Amendment 116 #
2023/2114(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the parallel processes of widening and deepening the Union must go hand in hand; whereas the institutional reform of the EU in a way that will enhance its capacity to act, as well as its democratic legitimacy and accountability, is already a pressing necessity;
Amendment 116 #
2023/2114(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the parallel processes of widening and deepening the Union must go hand in hand; whereas the institutional reform of the EU in a way that will enhance its capacity to act, as well as its democratic legitimacy and accountability, is already a pressing necessity;
Amendment 133 #
2023/2114(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas in the past years, the Council has grossly failed the enlargement countries by blocking the accession process and not delivering on the EU’s long outstanding promises towards the Western Balkans; whereas the delays in the start of accession negotiations with Albania and North Macedonia, as well as with the visa liberalisation agreement for Kosovo, have considerably damaged the EU’s credibility in its enlargement policy; whereas this lack of engagement and credibility during the past years has created a vacuum, thus opening the space for Russia and China and other harmful third actors;
Amendment 133 #
2023/2114(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas in the past years, the Council has grossly failed the enlargement countries by blocking the accession process and not delivering on the EU’s long outstanding promises towards the Western Balkans; whereas the delays in the start of accession negotiations with Albania and North Macedonia, as well as with the visa liberalisation agreement for Kosovo, have considerably damaged the EU’s credibility in its enlargement policy; whereas this lack of engagement and credibility during the past years has created a vacuum, thus opening the space for Russia and China and other harmful third actors;
Amendment 135 #
2023/2114(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. whereas a lack of genuine political will by some of the leaders in the enlargement countries to advance fundamental reforms has also damaged the EU’s enlargement policy; whereas the level of political will proven by the political leaders of the enlargement countries to make meaningful progress on reforms does not always correlate with the level of progress in the accession process of the different countries;
Amendment 135 #
2023/2114(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. whereas a lack of genuine political will by some of the leaders in the enlargement countries to advance fundamental reforms has also damaged the EU’s enlargement policy; whereas the level of political will proven by the political leaders of the enlargement countries to make meaningful progress on reforms does not always correlate with the level of progress in the accession process of the different countries;
Amendment 136 #
2023/2114(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
E c. whereas 2023 marks the 20th anniversary of the Thessaloniki Summit when the EU first publicly committed to the European perspective for the Western Balkans;
Amendment 136 #
2023/2114(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
E c. whereas 2023 marks the 20th anniversary of the Thessaloniki Summit when the EU first publicly committed to the European perspective for the Western Balkans;
Amendment 137 #
2023/2114(INI)
Motion for a resolution
Recital E d (new)
Recital E d (new)
E d. whereas some of the enlargement countries display a great potential for destabilisation, thus further threatening the security and stability on the continent; whereas exploitation of this potential by third countries is already ongoing in many enlargement countries; whereas stability, security and democratic resilience of the Western Balkans and the Eastern Neighbourhood are inextricably linked to the EU’s own security, stability and democratic resilience;
Amendment 137 #
2023/2114(INI)
Motion for a resolution
Recital E d (new)
Recital E d (new)
E d. whereas some of the enlargement countries display a great potential for destabilisation, thus further threatening the security and stability on the continent; whereas exploitation of this potential by third countries is already ongoing in many enlargement countries; whereas stability, security and democratic resilience of the Western Balkans and the Eastern Neighbourhood are inextricably linked to the EU’s own security, stability and democratic resilience;
Amendment 138 #
2023/2114(INI)
Motion for a resolution
Recital E e (new)
Recital E e (new)
E e. whereas there is no place in the EU or in the countries aspiring to become Member States for inflammatory rhetoric, genocide denial or glorification of war criminals from any side; whereas coming to terms with the past is the only way to warrant genuine reconciliation, which is crucial for prosperous societies and a successful integration;
Amendment 138 #
2023/2114(INI)
Motion for a resolution
Recital E e (new)
Recital E e (new)
E e. whereas there is no place in the EU or in the countries aspiring to become Member States for inflammatory rhetoric, genocide denial or glorification of war criminals from any side; whereas coming to terms with the past is the only way to warrant genuine reconciliation, which is crucial for prosperous societies and a successful integration;
Amendment 145 #
2023/2114(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the role of the European Parliament should be strengthen throughout the entire enlargement process; is extremely limited and should be strengthened; whereas the European Parliament is undoubtedly the most supportive EU institution when it comes to enlargement process;
Amendment 145 #
2023/2114(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the role of the European Parliament should be strengthen throughout the entire enlargement process; is extremely limited and should be strengthened; whereas the European Parliament is undoubtedly the most supportive EU institution when it comes to enlargement process;
Amendment 164 #
2023/2114(INI)
Motion for a resolution
Recital H
Recital H
H. whereas under the current institutional framework, the EU already faces considerable challenges in crisis management and, strategic decision- making, democratic legitimacy and accountability; whereas it is clear that the EU institutions and decision-making mechanisms were not designed for a Union that could be composed of up to 37 Member States; whereas before the next substantial enlargement takes place, significant pre- enlargement reforms are needed to guarantee that the EU is able to respond properly to the many challenges it currently faces, to absorb new members and to promote their successful integration; whereas a serious debate on these issues would add to the credibility of the enlargement process; whereas this implies significant changes in the EU’s institutional framework, including to decision-making procedures, and the possible introduction of differentiated integration solutions; whereas in order to achieve this, the EU should take full advantage of the flexibility afforded by the Treaty of Lisbon and consider the possibility of treaty changemmit to the revision of the Treaties, including via adaptations introduced by the accession treaties;
Amendment 164 #
2023/2114(INI)
Motion for a resolution
Recital H
Recital H
H. whereas under the current institutional framework, the EU already faces considerable challenges in crisis management and, strategic decision- making, democratic legitimacy and accountability; whereas it is clear that the EU institutions and decision-making mechanisms were not designed for a Union that could be composed of up to 37 Member States; whereas before the next substantial enlargement takes place, significant pre- enlargement reforms are needed to guarantee that the EU is able to respond properly to the many challenges it currently faces, to absorb new members and to promote their successful integration; whereas a serious debate on these issues would add to the credibility of the enlargement process; whereas this implies significant changes in the EU’s institutional framework, including to decision-making procedures, and the possible introduction of differentiated integration solutions; whereas in order to achieve this, the EU should take full advantage of the flexibility afforded by the Treaty of Lisbon and consider the possibility of treaty changemmit to the revision of the Treaties, including via adaptations introduced by the accession treaties;
Amendment 182 #
2023/2114(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the Union’s credibility and ability to act in a timely and effective manner depends on efficient decision- making, and even more so in an enlarged EU of 30 or more Member States; whereas efficient decision-making leading to timely and coordinated internal and external action is vital for safeguarding the EU’s interests and its global geopolitical leadership; whereas reform of the EU’s institutional framework and governance structures, with simplified, more effective and democratic decision-making procedures, must be discussed and adopted in parallel with the ongoing accession negotiations;
Amendment 182 #
2023/2114(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the Union’s credibility and ability to act in a timely and effective manner depends on efficient decision- making, and even more so in an enlarged EU of 30 or more Member States; whereas efficient decision-making leading to timely and coordinated internal and external action is vital for safeguarding the EU’s interests and its global geopolitical leadership; whereas reform of the EU’s institutional framework and governance structures, with simplified, more effective and democratic decision-making procedures, must be discussed and adopted in parallel with the ongoing accession negotiations;
Amendment 205 #
2023/2114(INI)
Motion for a resolution
Recital K
Recital K
K. whereas enlargement is also a major challenge for EU’s financial sustainability, in particular regarding cohesion and agriculture policies; whereas the current and the next multiannual financial frameworks should be strengthened considerably to enable and underpin substantial EU enlargement; whereas this financial groundwork must be in place before substantial enlargement takes place;
Amendment 205 #
2023/2114(INI)
Motion for a resolution
Recital K
Recital K
K. whereas enlargement is also a major challenge for EU’s financial sustainability, in particular regarding cohesion and agriculture policies; whereas the current and the next multiannual financial frameworks should be strengthened considerably to enable and underpin substantial EU enlargement; whereas this financial groundwork must be in place before substantial enlargement takes place;
Amendment 230 #
2023/2114(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the interest and the political will to join the EU shown by so many countries, and acknowledges the ser; welcomes the Commission’s recommendations to open accession negotiatiouns efforts made by candidate countries to meet the requirements for membershipwith Ukraine, Moldova and Bosnia and Herzegovina, as well as to grant candidate status to Georgia; notes, however, that in some instances, these assessments are based on the current geopolitical situation rather than on tangible and concrete progress and reforms undertaken by the candidate countries;
Amendment 230 #
2023/2114(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the interest and the political will to join the EU shown by so many countries, and acknowledges the ser; welcomes the Commission’s recommendations to open accession negotiatiouns efforts made by candidate countries to meet the requirements for membershipwith Ukraine, Moldova and Bosnia and Herzegovina, as well as to grant candidate status to Georgia; notes, however, that in some instances, these assessments are based on the current geopolitical situation rather than on tangible and concrete progress and reforms undertaken by the candidate countries;
Amendment 240 #
2023/2114(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Acknowledges the limited efforts made by many candidate countries to meet the requirements for membership; in this context, regrets the serious and worrisome lack of progress -and even backsliding- made by some candidate countries in their EU’s accession path;
Amendment 240 #
2023/2114(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Acknowledges the limited efforts made by many candidate countries to meet the requirements for membership; in this context, regrets the serious and worrisome lack of progress -and even backsliding- made by some candidate countries in their EU’s accession path;
Amendment 258 #
2023/2114(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that enlargement is of the utmost strategic importance for the EU, and all the more so in the face of Russia’s war of aggression against Ukraine; stresses that an enhanced enlargement policy hascan become one of the strongest geopolitical tools at the EU’s disposal; points out that enlargement is a strategic investment in peace, security and prosperity, as well as a driver for democracy and European values on the continent;
Amendment 258 #
2023/2114(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that enlargement is of the utmost strategic importance for the EU, and all the more so in the face of Russia’s war of aggression against Ukraine; stresses that an enhanced enlargement policy hascan become one of the strongest geopolitical tools at the EU’s disposal; points out that enlargement is a strategic investment in peace, security and prosperity, as well as a driver for democracy and European values on the continent;
Amendment 266 #
2023/2114(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers the Commission’s new methodology as a long-term policy framework, which should guide the enlargement process; against this background, encourages the Commission to update this communication to take into consideration the accession processes of Ukraine, Moldova and Georgia;
Amendment 266 #
2023/2114(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers the Commission’s new methodology as a long-term policy framework, which should guide the enlargement process; against this background, encourages the Commission to update this communication to take into consideration the accession processes of Ukraine, Moldova and Georgia;
Amendment 268 #
2023/2114(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Calls to thoroughly evaluate the EU’s enlargement strategy, both in content and in substance; against this background, calls for an evaluation assessing the reasons why the progress made by the enlargement countries is so limited, particularly in the areas of the rule of law, human rights and democracy; in this context, calls on the EU delegations on the ground to apply a more credible and merit-based approach based on the rule of law and the protection of human rights;
Amendment 268 #
2023/2114(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Calls to thoroughly evaluate the EU’s enlargement strategy, both in content and in substance; against this background, calls for an evaluation assessing the reasons why the progress made by the enlargement countries is so limited, particularly in the areas of the rule of law, human rights and democracy; in this context, calls on the EU delegations on the ground to apply a more credible and merit-based approach based on the rule of law and the protection of human rights;
Amendment 278 #
2023/2114(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the historic challenge facing the EU of meeting its commitments to the countries inand the peoples of the Western Balkans and tof Ukraine, Georgia and the Republic of Moldova;
Amendment 278 #
2023/2114(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the historic challenge facing the EU of meeting its commitments to the countries inand the peoples of the Western Balkans and tof Ukraine, Georgia and the Republic of Moldova;
Amendment 297 #
2023/2114(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines that accession to the EU must always be a merit-based procedure and that each applicant must be assessed on their own merits in fulfilling the Copenhagen criteria and in ensuring full respect for human rights, democracy and, the rule of law and respect for and protection of minorities; stresses that while positive outcomes should be sought as quickly as possible, there should be no fast-track or fixed deadlines for membership; underscores that there can be no short-cuts on fundamental values; points out that alignment with the common foreign and security policy is also a way of showing full adherence to the EU’s fundamental principles and an important indicator for sustainable future membershiplines, however, that the EU should set concrete timelines and roadmaps for each accession country; underscores that there can be no short-cuts on fundamental values;
Amendment 297 #
2023/2114(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines that accession to the EU must always be a merit-based procedure and that each applicant must be assessed on their own merits in fulfilling the Copenhagen criteria and in ensuring full respect for human rights, democracy and, the rule of law and respect for and protection of minorities; stresses that while positive outcomes should be sought as quickly as possible, there should be no fast-track or fixed deadlines for membership; underscores that there can be no short-cuts on fundamental values; points out that alignment with the common foreign and security policy is also a way of showing full adherence to the EU’s fundamental principles and an important indicator for sustainable future membershiplines, however, that the EU should set concrete timelines and roadmaps for each accession country; underscores that there can be no short-cuts on fundamental values;
Amendment 300 #
2023/2114(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Points out that alignment with the common foreign and security policy is also a way of showing full adherence to the EU’s fundamental principles and an important indicator for sustainable future membership; in this context, highlights the need to ensure that EU funds provided to enlargement countries are in line with the EU’s own strategic goals and interests;
Amendment 300 #
2023/2114(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Points out that alignment with the common foreign and security policy is also a way of showing full adherence to the EU’s fundamental principles and an important indicator for sustainable future membership; in this context, highlights the need to ensure that EU funds provided to enlargement countries are in line with the EU’s own strategic goals and interests;
Amendment 303 #
2023/2114(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Urges the Council to refrain from blocking the candidate countries’ accession processes by reference to bilateral issues, in line with Article 24 of the TEU, the conclusions of the 2003rd Council meeting and the 2016 Vienna declaration on bilateral disputes of the Western Balkan states; calls, in this context, to amend the treaties to apply qualified majority voting in the Council for the interim steps and decisions during the accession process while keeping unanimity only for the final step of accession; against this background, calls on the Council to exert greater political pressure against those Member States that misuse the accession process by vetoing candidate countries with the objective to solve bilateral disputes that are unrelated with the Copenhagen criteria; regrets that these obstacles imposed by some Member States have considerably fuelled Euroscepticism, heightened inter-ethnic tensions and provided impetus to authoritarian tendencies; deplores the resurgence of anachronic historical demands by some Member States, which hinder the EU path of some candidate countries;
Amendment 303 #
2023/2114(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Urges the Council to refrain from blocking the candidate countries’ accession processes by reference to bilateral issues, in line with Article 24 of the TEU, the conclusions of the 2003rd Council meeting and the 2016 Vienna declaration on bilateral disputes of the Western Balkan states; calls, in this context, to amend the treaties to apply qualified majority voting in the Council for the interim steps and decisions during the accession process while keeping unanimity only for the final step of accession; against this background, calls on the Council to exert greater political pressure against those Member States that misuse the accession process by vetoing candidate countries with the objective to solve bilateral disputes that are unrelated with the Copenhagen criteria; regrets that these obstacles imposed by some Member States have considerably fuelled Euroscepticism, heightened inter-ethnic tensions and provided impetus to authoritarian tendencies; deplores the resurgence of anachronic historical demands by some Member States, which hinder the EU path of some candidate countries;
Amendment 304 #
2023/2114(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Reiterates its concerns about reports that the Commissioner for Neighbourhood and Enlargement Olivér Várhelyi deliberately seeks to circumvent and undermine the centrality of democratic and rule of law reforms in the EU accession countries; urges the Commission to initiate an independent and impartial investigation into whether the conduct engaged in and policies furthered by the Commissioner constitute a breach of the Code of Conduct for the Members of the Commission and of the Commissioner’s obligations under the Treaties; calls on the Commission to report the results of this investigation to the Parliament and the Council;
Amendment 304 #
2023/2114(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Reiterates its concerns about reports that the Commissioner for Neighbourhood and Enlargement Olivér Várhelyi deliberately seeks to circumvent and undermine the centrality of democratic and rule of law reforms in the EU accession countries; urges the Commission to initiate an independent and impartial investigation into whether the conduct engaged in and policies furthered by the Commissioner constitute a breach of the Code of Conduct for the Members of the Commission and of the Commissioner’s obligations under the Treaties; calls on the Commission to report the results of this investigation to the Parliament and the Council;
Amendment 306 #
2023/2114(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for afurther robust monitoring mechanisms for the reforms and progress made by the candidate countries, in addition to the yearly Commission’s Enlargement Package; in this context, underlines the need to include in the regular reporting also the issue of non- progress or reversal of progress in a systematic and transparent manner; against this background, highlights the need to clarify the conditions and the indicators to assess any serious or prolonged stagnation or backsliding on which sanctions against accession countries would be based; urges, in particular, the setting up of a specific and effective monitoring mechanism for protecting fundamental values and the financial interests of the Union in the context of accession procedures; reiterates in this regard its calls to include candidate countries in the EU rule of law mechanism and its annual reporting exercise, automatically activatings a pre- accession cooperation and verification mechanisms;
Amendment 306 #
2023/2114(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for afurther robust monitoring mechanisms for the reforms and progress made by the candidate countries, in addition to the yearly Commission’s Enlargement Package; in this context, underlines the need to include in the regular reporting also the issue of non- progress or reversal of progress in a systematic and transparent manner; against this background, highlights the need to clarify the conditions and the indicators to assess any serious or prolonged stagnation or backsliding on which sanctions against accession countries would be based; urges, in particular, the setting up of a specific and effective monitoring mechanism for protecting fundamental values and the financial interests of the Union in the context of accession procedures; reiterates in this regard its calls to include candidate countries in the EU rule of law mechanism and its annual reporting exercise, automatically activatings a pre- accession cooperation and verification mechanisms;
Amendment 318 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines that in view of the new candidate status granted to Ukraine and Moldova, as well as the potential candidate status granted to Georgia, the Eastern Partnership (EaP) framework should be readjusted; calls to list these three countries as beneficiaries to the Instrument for Pre-Accession Assistance (IPA III) Regulation, without prejudice to the scope of the new Ukraine Facility; underlines that the inclusion of new beneficiaries should under no circumstances reduce the available resources for the current beneficiaries of IPA III funding; calls on the Commission to effectively use conditionality mechanisms vis-à-vis the enlargement countries, including in the communication strategy around the funding;
Amendment 318 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines that in view of the new candidate status granted to Ukraine and Moldova, as well as the potential candidate status granted to Georgia, the Eastern Partnership (EaP) framework should be readjusted; calls to list these three countries as beneficiaries to the Instrument for Pre-Accession Assistance (IPA III) Regulation, without prejudice to the scope of the new Ukraine Facility; underlines that the inclusion of new beneficiaries should under no circumstances reduce the available resources for the current beneficiaries of IPA III funding; calls on the Commission to effectively use conditionality mechanisms vis-à-vis the enlargement countries, including in the communication strategy around the funding;
Amendment 319 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Reiterates its call on the Commission to implement the recommendations of the European Court of Auditors Special Report 01/2022 in order to ensure an effective impact of EU financial assistance in support for the rule of law in the Western Balkans, in particular by developing guidelines on the application of IPA III provisions on modulation and conditionality;
Amendment 319 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Reiterates its call on the Commission to implement the recommendations of the European Court of Auditors Special Report 01/2022 in order to ensure an effective impact of EU financial assistance in support for the rule of law in the Western Balkans, in particular by developing guidelines on the application of IPA III provisions on modulation and conditionality;
Amendment 320 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Calls to establish a framework for fruitful cooperation between the European Public Prosecutor’s Office (EPPO) and the accession countries, in order to ensure that the EPPO can effectively exert its competencies in the area of EU funds, in particular regarding IPA III funds, including through the secondment of national liaison officers to the EPPO;
Amendment 320 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Calls to establish a framework for fruitful cooperation between the European Public Prosecutor’s Office (EPPO) and the accession countries, in order to ensure that the EPPO can effectively exert its competencies in the area of EU funds, in particular regarding IPA III funds, including through the secondment of national liaison officers to the EPPO;
Amendment 321 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Welcomes the new Growth Plan for the Western Balkans announced by the European Commission during the presentation of the 2023 Enlargement Package; calls on the Commission to apply strict conditionality and disburse funds only to those enlargement countries that deliver tangible results and implement reforms in the areas of the rule of law, democracy and human rights; against this background, calls on the Commission to support financially only those accession countries that genuinely work towards good neighbourly relations and sustainable reconciliation, including but not limited to the prosecution of war criminals and ensuring access to truth, justice and effective reparations to victims of war crimes, crimes against humanity and genocide;
Amendment 321 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Welcomes the new Growth Plan for the Western Balkans announced by the European Commission during the presentation of the 2023 Enlargement Package; calls on the Commission to apply strict conditionality and disburse funds only to those enlargement countries that deliver tangible results and implement reforms in the areas of the rule of law, democracy and human rights; against this background, calls on the Commission to support financially only those accession countries that genuinely work towards good neighbourly relations and sustainable reconciliation, including but not limited to the prosecution of war criminals and ensuring access to truth, justice and effective reparations to victims of war crimes, crimes against humanity and genocide;
Amendment 322 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Encourages the accession countries to participate in inclusive regional cooperation schemes based on EU standards and rules; in this context, expresses its reservations towards non- inclusive regional cooperation initiatives such as the Open Balkans;
Amendment 322 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Encourages the accession countries to participate in inclusive regional cooperation schemes based on EU standards and rules; in this context, expresses its reservations towards non- inclusive regional cooperation initiatives such as the Open Balkans;
Amendment 323 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Calls on the Council, the Commission and the EEAS to strengthen strategic communication on the benefits of enlargement both in the accession countries and in the Member States, with a special focus on countering disinformation and increasing the fight against foreign interference;
Amendment 323 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Calls on the Council, the Commission and the EEAS to strengthen strategic communication on the benefits of enlargement both in the accession countries and in the Member States, with a special focus on countering disinformation and increasing the fight against foreign interference;
Amendment 324 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 g (new)
Paragraph 5 g (new)
5 g. Highlights the need to step up citizen participation and the involvement of civil society in the enlargement process; in this context, calls on the EU to allocate additional resources to civil society actors dedicated to EU values and principles, democracy, peacebuilding and people-to-people contacts; against this background, underlines the need to mainstream gender equality, the protection of minorities (including the Roma, the LGBTIQ+ community and persons with disabilities) and fully implement the principle of non- discrimination throughout the accession process;
Amendment 324 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 g (new)
Paragraph 5 g (new)
5 g. Highlights the need to step up citizen participation and the involvement of civil society in the enlargement process; in this context, calls on the EU to allocate additional resources to civil society actors dedicated to EU values and principles, democracy, peacebuilding and people-to-people contacts; against this background, underlines the need to mainstream gender equality, the protection of minorities (including the Roma, the LGBTIQ+ community and persons with disabilities) and fully implement the principle of non- discrimination throughout the accession process;
Amendment 325 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 h (new)
Paragraph 5 h (new)
5 h. Encourages the EU to continue its cooperation with the Council of Europe to support the enlargement countries in carrying out essential reforms and training with a view to preparing these countries for their future accession to the EU;
Amendment 325 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 h (new)
Paragraph 5 h (new)
5 h. Encourages the EU to continue its cooperation with the Council of Europe to support the enlargement countries in carrying out essential reforms and training with a view to preparing these countries for their future accession to the EU;
Amendment 326 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 i (new)
Paragraph 5 i (new)
5 i. Highlights the importance of advancing in the clean energy transition, as well as in energy efficiency, connectivity, the diversification and security of energy supply and sustainable development, in line with the EU acquis;
Amendment 326 #
2023/2114(INI)
Motion for a resolution
Paragraph 5 i (new)
Paragraph 5 i (new)
5 i. Highlights the importance of advancing in the clean energy transition, as well as in energy efficiency, connectivity, the diversification and security of energy supply and sustainable development, in line with the EU acquis;
Amendment 332 #
2023/2114(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that there is a need for stronger parliamentary oversight of the EU’s enlargement policy; insists on strengthening the role of Parliament throughout the entire accession process, including allowing it to scrutinise fully the progress made by the candidate countries across policy fields; underlines that regular dialogue and cooperation between the European Parliament and the national parliaments of candidate countries should be encouraged and should serve as a model to sustain and expand the role of national parliaments in overseeing their own countries' processes of integration;
Amendment 332 #
2023/2114(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that there is a need for stronger parliamentary oversight of the EU’s enlargement policy; insists on strengthening the role of Parliament throughout the entire accession process, including allowing it to scrutinise fully the progress made by the candidate countries across policy fields; underlines that regular dialogue and cooperation between the European Parliament and the national parliaments of candidate countries should be encouraged and should serve as a model to sustain and expand the role of national parliaments in overseeing their own countries' processes of integration;
Amendment 342 #
2023/2114(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the challenge of a bigger Union requires an enhanced enlargement policy putting in place a clear incremental pathway towards EU membership, including gradual integration into common policies; believes that countries that have made substantial progress on EU-related reforms should be gradually integrated in the EU single market, thus being able to benefit from the four freedoms; notes that this pathway should be accompanied by increased technical and conditional financial assistance with a special focus on the implementation and enforcement of laws under negotiating chapters 23, 24, 30 and 31; invites the Commission to present detailed proposals on the incremental accession methodology; underlines that the phasing-in of candidate countries into selected policy areas is by no means an alternative to fully-fledged membership; against this background, stresses that initiatives like the European Political Community are not alternatives to substitute enlargement as this would risk undermining the EU’s commitment to enlargement and would dash the legitimate aspirations of countries that seek to become Member States of the EU;
Amendment 342 #
2023/2114(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the challenge of a bigger Union requires an enhanced enlargement policy putting in place a clear incremental pathway towards EU membership, including gradual integration into common policies; believes that countries that have made substantial progress on EU-related reforms should be gradually integrated in the EU single market, thus being able to benefit from the four freedoms; notes that this pathway should be accompanied by increased technical and conditional financial assistance with a special focus on the implementation and enforcement of laws under negotiating chapters 23, 24, 30 and 31; invites the Commission to present detailed proposals on the incremental accession methodology; underlines that the phasing-in of candidate countries into selected policy areas is by no means an alternative to fully-fledged membership; against this background, stresses that initiatives like the European Political Community are not alternatives to substitute enlargement as this would risk undermining the EU’s commitment to enlargement and would dash the legitimate aspirations of countries that seek to become Member States of the EU;
Amendment 356 #
2023/2114(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that European institutional and financial reforms to promote good governance, functionality and sustainability are needed, accountability, democratic legitimacy and sustainability are needed to face the current challenges and are inevitable to ensure the EU’s capacity to absorb new members and to promote their successful integration;
Amendment 356 #
2023/2114(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that European institutional and financial reforms to promote good governance, functionality and sustainability are needed, accountability, democratic legitimacy and sustainability are needed to face the current challenges and are inevitable to ensure the EU’s capacity to absorb new members and to promote their successful integration;
Amendment 372 #
2023/2114(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points outStrongly believes that European institutional reforms must include simplified, more effective and democratic decision-making procedures, moving away from unanimity and replacing it with qualified majority voting provisions in areas such as the protection of democracy, human rights and the rule of law, tax policy, own resources, multiannual financial framework, sanctions and relevant foreign policy decisions, including enlargement;
Amendment 372 #
2023/2114(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points outStrongly believes that European institutional reforms must include simplified, more effective and democratic decision-making procedures, moving away from unanimity and replacing it with qualified majority voting provisions in areas such as the protection of democracy, human rights and the rule of law, tax policy, own resources, multiannual financial framework, sanctions and relevant foreign policy decisions, including enlargement;
Amendment 384 #
2023/2114(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for the mechanism to protect the rule of law and the EU’s fundamental principles and values, and the monitoring capacity to ensure compliance, to be strengthened ahead of the next enlargement; proposes, in particular, to strengthen and reform the procedure in Article 7 of the TEU by ending unanimity in Council decisions, introducing a clear timeframe and making the Court of Justice the arbiter of violations;
Amendment 384 #
2023/2114(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for the mechanism to protect the rule of law and the EU’s fundamental principles and values, and the monitoring capacity to ensure compliance, to be strengthened ahead of the next enlargement; proposes, in particular, to strengthen and reform the procedure in Article 7 of the TEU by ending unanimity in Council decisions, introducing a clear timeframe and making the Court of Justice the arbiter of violations;
Amendment 397 #
2023/2114(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that differentiated integration is part of the solutionmight be one of the ways forward for an efficient and deepened enlarged EU; underlines, however, that respect for the Union’s values as set out in Article 2 TEU should notever be subject to any derogations or opt-outs; considers also that a broad area of European common ground must always be ensured, covering areas such as the Customs Union, the single market and its four freedoms, the core social acquis, and agricultural, competition and trade policies; notes that beyond this common ground, Member States willing to move European integration forward should be allowed to do so; underlines that under such a system of differentiated integration, while all Member States would take part in decisions about issues in the area of common ground, only Member States willing to participate in areas of deepened integration would take part in the decisions concerned; notes that differentiated integration also implies differentiated financial arrangements and that membership of the Union should require strong commitment to respect all Union’s law;
Amendment 397 #
2023/2114(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that differentiated integration is part of the solutionmight be one of the ways forward for an efficient and deepened enlarged EU; underlines, however, that respect for the Union’s values as set out in Article 2 TEU should notever be subject to any derogations or opt-outs; considers also that a broad area of European common ground must always be ensured, covering areas such as the Customs Union, the single market and its four freedoms, the core social acquis, and agricultural, competition and trade policies; notes that beyond this common ground, Member States willing to move European integration forward should be allowed to do so; underlines that under such a system of differentiated integration, while all Member States would take part in decisions about issues in the area of common ground, only Member States willing to participate in areas of deepened integration would take part in the decisions concerned; notes that differentiated integration also implies differentiated financial arrangements and that membership of the Union should require strong commitment to respect all Union’s law;
Amendment 409 #
2023/2114(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for the full use of the flexibility provided for in the Treaty of Lisbon ahead of a more in-depth reform in the context of a possible revision of the treaties; recalls that a number of flexibility solutions, such as passerelle clauses, enhanced cooperation, constructive abstention, Permanent Structured Cooperation (PESCO) and opt- out mechanisms are already possible under the current EU legal framework, as the experience of the Schengen area and the euro area clearly shows; recalls that phasing-in solutions, temporary derogations and transition periods can be negotiated in the context of accession procedures; points out that the use of theseany flexibility mechanisms should not prevent constructive discussions on treaty revision, as proposed by Parliament;
Amendment 409 #
2023/2114(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for the full use of the flexibility provided for in the Treaty of Lisbon ahead of a more in-depth reform in the context of a possible revision of the treaties; recalls that a number of flexibility solutions, such as passerelle clauses, enhanced cooperation, constructive abstention, Permanent Structured Cooperation (PESCO) and opt- out mechanisms are already possible under the current EU legal framework, as the experience of the Schengen area and the euro area clearly shows; recalls that phasing-in solutions, temporary derogations and transition periods can be negotiated in the context of accession procedures; points out that the use of theseany flexibility mechanisms should not prevent constructive discussions on treaty revision, as proposed by Parliament;
Amendment 419 #
2023/2114(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that institutional pre- enlargement reforms must also address the implications of enlargement on the composition of Parliament; recalls that the European Parliament is already one of the largest parliaments in the world and underlines that in any case it must remain at a workable scale; points out, however, that a reasonable increase in the size ofthe allocation of additional seats in the Parliament cannot be ruled out in order to ensure sufficient democratic representativeness in case of substantial enlargement; insists on a new system for seat allocation based on a permanent mathematical formula, which is objective, fair, transparent and durable;
Amendment 419 #
2023/2114(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that institutional pre- enlargement reforms must also address the implications of enlargement on the composition of Parliament; recalls that the European Parliament is already one of the largest parliaments in the world and underlines that in any case it must remain at a workable scale; points out, however, that a reasonable increase in the size ofthe allocation of additional seats in the Parliament cannot be ruled out in order to ensure sufficient democratic representativeness in case of substantial enlargement; insists on a new system for seat allocation based on a permanent mathematical formula, which is objective, fair, transparent and durable;
Amendment 426 #
2023/2114(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Reiterates its call for Parliament to gain the right of initiative for legislation, in particular the right to introduce, amend, or repeal EU law;
Amendment 426 #
2023/2114(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Reiterates its call for Parliament to gain the right of initiative for legislation, in particular the right to introduce, amend, or repeal EU law;
Amendment 434 #
2023/2114(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that the functioning of the Council should also be reviewed in view of enlargement, in particular the system of rotating presidencies of the Council of the European Union; notes that the calculation of qualified majority voting thresholds should also be reconsideredvoting mechanism in the Council should also be reconsidered; notes that transparency of the Council should be increased and that Parliament and Council should be empowered to strengthen the transparency and integrity of their decision-making by creating a new legal basis in the Treaties;
Amendment 434 #
2023/2114(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that the functioning of the Council should also be reviewed in view of enlargement, in particular the system of rotating presidencies of the Council of the European Union; notes that the calculation of qualified majority voting thresholds should also be reconsideredvoting mechanism in the Council should also be reconsidered; notes that transparency of the Council should be increased and that Parliament and Council should be empowered to strengthen the transparency and integrity of their decision-making by creating a new legal basis in the Treaties;
Amendment 440 #
2023/2114(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the composition of the Commission mustshould take into account enlargement and recalls in this regard the flexibility provided for in the Treaty of Lisbon; calls on the next College of Commissioners to nominate a separate Commissioner for Enlargement, as well as to create a separate Directorate- General on Enlargement;
Amendment 440 #
2023/2114(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the composition of the Commission mustshould take into account enlargement and recalls in this regard the flexibility provided for in the Treaty of Lisbon; calls on the next College of Commissioners to nominate a separate Commissioner for Enlargement, as well as to create a separate Directorate- General on Enlargement;
Amendment 443 #
2023/2114(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Reiterates its call for the strengthening of the instruments for citizens’ participation in the EU decision- making process;
Amendment 443 #
2023/2114(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Reiterates its call for the strengthening of the instruments for citizens’ participation in the EU decision- making process;
Amendment 448 #
2023/2114(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that enlargement is a major financial challenge for the EUwill entail a major reform of the EU budget, in particular regarding cohesion and agriculture policies; points out that this challenge cannot be met without a larger EU budget and sufficientin terms of GNI share and sufficient, new and genuine own resources; notes that this adds to growing demands on EU funding in the fields of financial stability, health, energy, decarbonisation and climate and environmental policies, digital, research and defence and security; underlines that such financial reformsthe new budget must be discussed in parallel with the ongoing accession negotiations and adopted before enlargement takes place; defends its position that the current and future multiannual financial frameworks should be strengthened considerably to enable EU enlargement, and that thiemphasises the importance of setting in advance appropriate control mechanisms in order to prevent potential frauds and misuse of EU funds, and a necessary capacity building of local administrations financial groundwork must be in candidate countries through shared plrace before enlargement takes placetices to strengthen their role in implementing cohesion policy;
Amendment 448 #
2023/2114(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that enlargement is a major financial challenge for the EUwill entail a major reform of the EU budget, in particular regarding cohesion and agriculture policies; points out that this challenge cannot be met without a larger EU budget and sufficientin terms of GNI share and sufficient, new and genuine own resources; notes that this adds to growing demands on EU funding in the fields of financial stability, health, energy, decarbonisation and climate and environmental policies, digital, research and defence and security; underlines that such financial reformsthe new budget must be discussed in parallel with the ongoing accession negotiations and adopted before enlargement takes place; defends its position that the current and future multiannual financial frameworks should be strengthened considerably to enable EU enlargement, and that thiemphasises the importance of setting in advance appropriate control mechanisms in order to prevent potential frauds and misuse of EU funds, and a necessary capacity building of local administrations financial groundwork must be in candidate countries through shared plrace before enlargement takes placetices to strengthen their role in implementing cohesion policy;
Amendment 457 #
2023/2114(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses that enlargement constitutes both an opportunity and a need for a fundamental overhaul of the Common Agricultural Policy (CAP) including capping area-based payments and moving towards a stronger rewarding of ecological and societal services rendered as well as of labour intensive agro-ecological practices;
Amendment 457 #
2023/2114(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses that enlargement constitutes both an opportunity and a need for a fundamental overhaul of the Common Agricultural Policy (CAP) including capping area-based payments and moving towards a stronger rewarding of ecological and societal services rendered as well as of labour intensive agro-ecological practices;
Amendment 471 #
2023/2114(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Points out that the reconstruction and post-war recovery of Ukraine is an additional financial challenge to be addressed in the wider context of an international effort; calls, in this regard, also for the swift adoption of the Regulation establishing the Ukraine Facility, which will support Ukraine on its path towards accession in a way that is connected to its sustainable, inclusive and transparent reconstruction and recovery;
Amendment 471 #
2023/2114(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Points out that the reconstruction and post-war recovery of Ukraine is an additional financial challenge to be addressed in the wider context of an international effort; calls, in this regard, also for the swift adoption of the Regulation establishing the Ukraine Facility, which will support Ukraine on its path towards accession in a way that is connected to its sustainable, inclusive and transparent reconstruction and recovery;
Amendment 18 #
2023/2095(REG)
Proposal for a decision
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Decides that the Committee on Constitutional Affairs shall begin a process of reviewing the amendments at the latest on 1 January 2027 in order to assess them, and, if appropriate, propose in the light of this assessment further amendments to Parliament’s Rules of Procedure with a view to strengthening integrity, independence and accountability, without prejudice to the possible earlier adoption of amendments in this regard; decides that such a review of the rules concerning strengthening the integrity, independence and accountability shall be repeated during each term;
Amendment 19 #
2023/2095(REG)
Rule 35 – paragraph 6
6. The Quaestors shall keep a public register of the intergroups and of the declarations referred to in paragraph 4. The QuaestorsBureau shall adopt detailed rules on that register and on those declarations and their publication on Parliament’s website.
Amendment 20 #
2023/2095(REG)
Rule 35 a (new)
Amendment 21 #
2023/2095(REG)
Rule 176 – paragraph 1 – subparagraph 1
In serious cases of breach of Rule 10 (2) to (9), Rule 35 or Rule 35a, the President shall adopt a reasoned decision imposing upon the Member concerned the appropriate penalty in accordance with this Rule. Where there is reason to believe that the President may have breached those provisions, one of the Vice-Presidents determined in accordance with their order of precedence shall assume the President’s role for the tasks laid down in this Rule.
Amendment 22 #
2023/2095(REG)
Rule 176 – paragraph 2 – subparagraph 4
Once the penalty becomes final, it shall be published prominently on Parliament's website as well as on the Member’s online page on Parliament’s website, and shall remain there for the rest of the parliamentary term.
Amendment 23 #
2023/2095(REG)
Rule 176 – paragraph 4 – subparagraph 1 a (new)
In cases of serious or repeated breaches, the penalty shall at least consist of one of the measures listed in points (b) to (e).
Amendment 24 #
2023/2095(REG)
Annex I – Article 2 – paragraph 1 – point c
(c) not engage in paid professional lobbying directly linked to the Union decision-making processlobbying activities, including consulting and other services for entities falling under the scope of the Interinstitutional Agreement on a mandatory transparency register.
Amendment 25 #
2023/2095(REG)
Annex I – Article 2 – paragraph 1 – point c
(c) not engage in paid professional lobbying directly linked to the Union decision-making processactivities on behalf of entities falling under the scope of the Interinstitutional Agreement on a mandatory transparency register.
Amendment 26 #
2023/2095(REG)
Annex I – Article 3 – paragraph 1
1. A conflict of interest exists where the exercise of the mandate of a Member of the European Parliament has a personal interest that could improperly influence the performance of his or her duties as a Memberin the public interest may be improperly influenced for reasons involving his or her family, emotional life, economic interest or any other direct or indirect private interest. 1a. A financial conflict of interest exists when a Member’s exercise of the mandate would further a person’s private interests, including his or her own or his or her spouse’s or common-law partner’s or registered partner’s or parents or children’s private interests, when the member’s actions result, directly or indirectly, in situations such as: (a) an increase in, or the preservation of, the value of the person’s assets; (b) the extinguishment, or reduction in the amount, of the person’s liabilities; (c) the acquisition of a financial interest by the person; (d) an increase in the person’s income; (e) the person becoming a director or officer in a corporation, association or trade union; and (f) the person becoming a partner in a partnership. For points (a) to (d), a conflict of interest shall only exist when the total financial benefit of all the Member's activities related to the specific conflict of interest exceeds EUR 2 500 gross in a calendar year. 1b. A conflict of interest does not exist where a Member benefits only as a member of the general public or of a broad class of persons.
Amendment 27 #
2023/2095(REG)
Annex I –Article 3 – paragraph 2
2. Any Member who finds that he or she has a conflict of interest shall immediately take the necessary steps to address it, in accordance with the principles and provisions of this Code of Conduct. If the Member is unable to resolve the conflict of interest, he or she shall report this to the President in writing. In cases of ambiguity, the Member may seek advice in confidence froms shall make every reasonable effort to detect conflicts of interest. A Member who becomes aware of having a conflict of interest shall immediately endeavour to resolve it. If unable to resolve it, the Member shall make sure that the private interest concerned is declared in accordance with Article 4 and shall inform the President and the Advisory Committee on the Conduct of Members, established under Article 7 about the conflict of interest in writing.
Amendment 28 #
2023/2095(REG)
Annex I – Article 3 – paragraph 3
3. Without prejudice to paragraph 2, Members shall disclose, before speaking or voting in plenary or in one of Parliament’s bodies, or if proposed as a rapporteur, any actual or potentany financial conflict of interest in relation to the matter under consideration, where such conflict is not evident from the information declared pursuant to Article 4. Such disclosure shall be made in writing or orally to the chair durorally by intervening ing the parliamentary procsitting or meedtings in question concerned.
Amendment 29 #
2023/2095(REG)
Parliament's Rules of Procedure
Annex I – Article 3 – paragraph 3 a (new)
Annex I – Article 3 – paragraph 3 a (new)
3a. Before taking up the office of Vice-President, Quaestor, Chair or Vice- chair of a committee or delegation, the Member shall submit a declaration indicating whether or not he or she is aware of having a financial conflict of interest in relation to the responsibilities of that office. If the Member is aware of having such a financial conflict of interest, he or she shall describe the conflict in that declaration. In that case, he or she may only take up the office if the respective body decides that the financial conflict of interest does not prevent the Member from exercising his or her mandate in the public interest. When such a financial conflict of interest arises during the exercise of the office in question, the Member shall submit a declaration describing that conflict and shall refrain from exercising the responsibilities with regard to this situation of conflict, unless the respective body decides that the financial conflict of interest does not prevent the Member from exercising his or her mandate in the public interest.
Amendment 30 #
2023/2095(REG)
Annex I – Article 3 – paragraph 3 a (new)
3a. Before taking up the office of Vice-President, Quaestor, Chair or Vice- chair of a committee or delegation, the Member shall submit a declaration indicating whether or not he or she is aware of having a conflict of interest in relation to the responsibilities of that office. In cases of doubt, the Member may seek advice in confidence from the Advisory Committee on the Conduct of Members, established under Article 7. If the Member is aware of having such a conflict of interest, he or she shall describe the conflict in that declaration. In that case, he or she may only take up the office if the respective body decides that the conflict of interest does not prevent the Member from exercising his or her mandate in the public interest. When such a conflict of interest arises during the exercise of the office in question, the Member shall submit a declaration describing that conflict and shall refrain from exercising the responsibilities with regard to this situation of conflict.
Amendment 31 #
2023/2095(REG)
Parliament's Rules of Procedure
Annex I – Article 3 – paragraph 3 b (new)
Annex I – Article 3 – paragraph 3 b (new)
3b. A Member who is proposed as a rapporteur or shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations shall submit a declaration indicating whether or not he or she is aware of having a financial conflict of interest in relation to respectively the report or opinion or the delegation or negotiations in question. If the Member is aware of having such a financial conflict of interest, he or she shall describe the conflict in that declaration. Where the Member who has been proposed as a rapporteur declares that he or she has a financial conflict of interest, the respective committee may decide by a majority of the votes cast that the Member may nevertheless be appointed as a rapporteur on the ground that the conflict does not prevent the Member from exercising his or her mandate in the public interest. Where the Member who has been proposed as a shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations declares that he or she has a financial conflict of interest, the respective political group may decide that the Member may nevertheless be designated as a shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations on the ground that the conflict does not prevent the Member from exercising his or her mandate in the public interest. The respective body may, however, oppose this designation by a majority of two thirds of the votes cast.
Amendment 32 #
2023/2095(REG)
Annex I – Article 3 – paragraph 3 b (new)
3b. A Member who is proposed as a rapporteur or shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations shall submit a declaration indicating whether or not he or she is aware of having a conflict of interest in relation to respectively the report or opinion or the delegation or negotiations in question. In cases of doubt, the Member may seek advice in confidence from the Advisory Committee on the Conduct of Members, established under Article 7. If the Member is aware of having such a conflict of interest, he or she shall describe the conflict in that declaration. Where the Member who has been proposed as a rapporteur declares that he or she has a conflict of interest, the Member may not be appointed rapporteur. Where the Member who has been proposed as a shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations declares that he or she has a conflict of interest, the Member may not be designated as shadow rapporteur or as participant in an official delegation or in interinstitutional negotiations.
Amendment 33 #
2023/2095(REG)
Annex I – Article 4 – paragraph 2 – subparagraph 1 – point c
(c) any regular remunerated activity which the Member undertakesn alongside the exercise of his or her office, whether as an employee or as a self-employed personthe Member’s office, including the name of the entity, the name of the client as well as the field and the nature of the activity; where there is a statutory duty of confidentiality, the field of the client's activity may be declared instead of its name,
Amendment 34 #
2023/2095(REG)
Annex I – Article 4 – paragraph 2 – subparagraph 1 – point c
(c) any regular remunerated activity which the Member undertakesn alongside the exercise of his or her office, whether as an employee or as a self-employed personthe Member’s office, including the name of the entity as well as the field and the nature of the activity,
Amendment 35 #
2023/2095(REG)
Annex I – Article 4 – paragraph 5
5. If the President receives information, which leads him or her to believe that the declaration of financialprivate interests of a Member is substantially incorrect or out of date, the President mayshall request clarification from the Member. In the absence of a satisfactory clarification, the President shall consult the aAdvisory cCommittee provided for in Article 7. Where appropriate,If the Advisory Committee concludes that the declaration does not comply with this Code of Conduct, it shall recommend to the President shallto request the Member to correct his or her declaration within 10 days. The Bureau may adopt a decision applying paragraph 4 to Members who do not comply with the President’s correction request. If, taking into account that recommendation, the President concludes that the Member has breached this Code of Conduct, he or she shall request the Member to correct the declaration within 15 calendar days.
Amendment 36 #
2023/2095(REG)
Annex I – Article 4 a (new)
Article 4a Declaration of assets Members shall declare their assets and liabilities at the beginning and end of every term of office. The Bureau shall lay down the list of categories of assets and liabilities to be declared and shall draw up the form for the declaration. Such declarations shall be submitted to the President and shall be accessible only to the relevant authorities, without prejudice to national law.
Amendment 37 #
2023/2095(REG)
Annex I – Article 5 – paragraph 1
1. Members of the European Parliament shall refrain from accepting, in the performance of their dutieir capacity as Members, any gifts or similar benefits, other than those with an approximate value of less than EUR 1500 given in accordance with courtesy usage or those given to them in accordance with courtesy usage when they are representing Parliament in an official capacity.
Amendment 38 #
2023/2095(REG)
Annex I – Article 5 – paragraph 2
2. Any gifts with an approximate value of more than EUR 100 presented to a Members in accordance with paragraph 1 when they are or she is representing Parliament in an official capacity shall be handed over to the President and dealt with in accordance with implementing measures to be laid down by the Bureau pursuant to Article 9.
Amendment 39 #
2023/2095(REG)
Annex I – Article 5 a (new)
Article 5a Publication of meetings 1. Members should only meet interest representatives that are entered in the transparency register. 2. Members shall publish online, within 30 calendar days after the meeting took place, all meetings relating to parliamentary business - with interest representatives falling under the scope of the Interinstitutional Agreement on a mandatory transparency register, or - with representatives of public authorities of third countries, including their diplomatic missions and embassies. 3. The obligation laid down in paragraph 2 applies to meetings attended by the Member or by the Member’s parliamentary assistants on his or her behalf. 4. By way of derogation from paragraph 2, Members shall not publish a meeting the disclosure of which would endanger the life, physical integrity or liberty of an individual or may decide not to publish a meeting where there are other compelling reasons for maintaining confidentiality. Such meetings shall instead be declared to the President, who shall keep this declaration confidential or shall decide on an anonymised or delayed publication. The Bureau shall lay down the conditions under which the President may disclose such a declaration. 5. The Bureau shall provide for the necessary infrastructure on Parliament's website. 6. Article 4(5) shall apply mutatis mutandis.
Amendment 40 #
2023/2095(REG)
Annex I – Article 5 a (new)
Article 5a Publication of meetings 1. Members should only meet interest representatives that are entered in the transparency register. 2. Members shall publish online all scheduled meetings relating to parliamentary business - with interest representatives falling under the scope of the Interinstitutional Agreement on a mandatory transparency register, or - with representatives of public authorities of third countries, including their diplomatic missions and embassies. 3. The obligation laid down in paragraph 2 applies to meetings attended by the Member or by the Member’s parliamentary assistants on his or her behalf. 4. By way of derogation from paragraph 2, Members shall not publish a meeting the disclosure of which would endanger the life, physical integrity or liberty of an individual or may decide not to publish a meeting where there are other compelling reasons for maintaining confidentiality. Such meetings shall instead be declared to the President, who shall keep this declaration confidential or shall decide on an anonymised or delayed publication. The Bureau shall lay down the conditions under which the President may disclose such a declaration. 5. The Bureau shall provide for the necessary infrastructure on Parliament's website. 6. Article 4(5) shall apply mutatis mutandis.
Amendment 41 #
2023/2095(REG)
Annex I – Article 5 b (new)
Amendment 42 #
2023/2095(REG)
Annex I – Article 6 – paragraph 1 a (new)
Members shall not engage with former Members for a period of six months after the end of their mandate in any activity, within the meaning of Article 5a, which could allow the former Members to influence the formulation or implementation of policy or legislation, or the decision-making processes of Parliament.
Amendment 44 #
2023/2095(REG)
Annex I – Article 7 – paragraph 2 – subparagraph 1
The Advisory Committee shall be composed of five members, appointed by the President at the beginning of his or her term of office from amongst the members of the Committee on Constitutional Affairs and the Committee on Legal Affairs, taking gender- balanced and composed of nine members. Five of those members shall be Members of the European Parliament. Those members shall be elected by the plenary for a term of 5 years on a proposal of the President, taking due account of the Members' experience, of their record of ethical behaviour, and of political balance. The other four members shall be external experts. They must be independent, chosen on the basis of their competence, experience and professional qualities, as well as their personal integrity, have an impeccable record of ethical behaviour and provide a declaration of the absence of conflicts of interest. The expert members shall be nominated by applying mutatis mutandis the procedure account of the Members' experience and of political balanclaid down in Rule 231(1) to (5) of the Rules of Procedure. The expert members shall be elected by applying mutatis mutandis the procedure laid down in Rule 17(1) of the Rules of Procedure.
Amendment 45 #
2023/2095(REG)
Annex I – Article 7 – paragraph 2 – subparagraph 1
The Advisory Committee shall be composed of five memberseight members. Five of those members shall be current Members of the European Parliament, appointed by the President at the beginning of his or her term of office from amongst, taking due account of the mMembers of the Committee on Constitutional Affairs and the Committee on Legal Affairs, taking due account of' experience and of political and gender balance. The other three members shall be external experts with personal integrity and experience in professional ethics. They shall be appointed by the President at the beginning of his or her term of office. In the case of a vote, only the Mmembers' experience and of politic of the Advisory Committee who are Members of the European Parliament shall balance eligible to vote.
Amendment 47 #
2023/2095(REG)
Annex I – Article 7 – paragraph 2 – subparagraph 2
Amendment 49 #
2023/2095(REG)
Annex I – Article 7 – paragraph 3 – subparagraph 2
In the event of an alleged breach of this Code of Conduct by a member of a political group not represented in the Advisory Committee or in the event of a request pursuant to paragraph 4 concerning such a member, the relevant reserve member shall serve as a sixtenth full member of the Advisory Committee for the purposes of investigation of that alleged breach.
Amendment 51 #
2023/2095(REG)
Annex I – Article 7 – paragraph 4 – subparagraphs 2 a and 2 b (new)
Amendment 52 #
2023/2095(REG)
Annex I – Article 7 – paragraph 4 – subparagraphs 2 a and 2 b (new)
Alleged breaches of this Code of Conduct may be signalled directly to the Advisory Committee, while also informing the President. The Advisory Committee shall assess them, based on a pre-screening of its secretariat, and advise the President on possible action to be taken. A dedicated system for the signalling of alleged breaches by any person shall be established and shall be accessible on Parliament’s website, while maintaining confidentiality of those signalling the alleged breach. The Advisory Committee shall proactively monitor compliance by Members with this Code of Conduct and its implementing measures. It shall, on its own initiative, signal to the President, together with a recommendation of an action to be taken, any possible breaches of those provisions.
Amendment 53 #
2023/2095(REG)
Annex I – Article 7 – paragraph 6 a (new)
6a. The Advisory Committee shall be supported by a well-resourced secretariat.
Amendment 54 #
2023/2095(REG)
Annex I – Article 8 – paragraph 1
1. Where there is reason to thinkbelieve that a Member of the European Parliament may have breached this Code of Conduct, the President shall, except in manifestly vexatious cases, refer the matter to the Advisory Committee. Where there is reason to believe that the President may have breached this Code of Conduct, one of the Vice-Presidents determined in accordance with their order of precedence shall assume the President’s role for the tasks laid down in this Article.
Amendment 55 #
2023/2095(REG)
Annex I – Article 8 – paragraph 2 – subparagraph 1
The Advisory Committee shall examine the circumstances of the alleged breach, and may hear the Member concerned. Based on its findings, it shall make a recommendation to the President concerning a possible decision. mprising, where appropriate, a penalty, which may consist of one or more of the measures listed in Rule 176(4), (5) and (6) of the Rules of Procedure, and the detailed reasoning for the recommended penalty. In cases of serious or repeated breaches, the recommended penalty shall at least consist of one of the measures listed in Rule 176(4), points (b) to (e) of the Rules of Procedure.
Amendment 56 #
2023/2095(REG)
Annex I – Article 8 – paragraph 3 – subparagraph 1
If, taking into account that recommendation, and having invited the Member concerned to submit written observations, the President concludes that the Member concerned has breached theis Code of Conduct, he or she shall adopt a reasoned decision laying down a penalty. The President shall notify that Member of the reasoned decisionimposing a penalty and including the detailed reasoning for the decision. The President shall notify that Member of the reasoned decision. The President shall adopt the reasoned decision within 30 calendar days after receiving the recommendation of the Advisory Committee. In justified cases, the President may once request the Advisory Committee to authorise a prolongation of this period by another 30 calendar days. If the President fails to adopt a reasoned decision within the deadline set out in the second subparagraph, the recommendation shall be deemed to have been approved.
Amendment 57 #
2023/2095(REG)
Annex I – Article 8 – paragraph 3 – subparagraph 2
The penalty may consist of one or more of the measures listed in Rule 176(4) to (6) of the Rules of Procedure. In cases of serious or repeated breaches, the recommended penalty shall at least consist of one of the measures listed in Rule 176(4), points (b) to (e) of the Rules of Procedure.
Amendment 59 #
2023/2095(REG)
Annex I – Article 8 – paragraph 4 a (new)
4a. Once the penalty becomes final, the President’s decision together with the conclusion of the recommendation of the Advisory Committee shall be published prominently on Parliament’s website. This shall include the detailed reasoning of the decision and the recommendation.
Amendment 328 #
2023/0077(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) Electricity should be considered as an essential service, a Common that no one should be deprived of to live with dignity. A basic amount of energy, allowing the basic needs of households linked to health and dignity should be considered as a right and must be allowed freely or through an affordable price. This amount should guarantee adequate warmth, cooling, lighting, and energy to power appliances, that are essential services that underpin a decent standard of living and health1a _________________ 1a https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32 020H1563 Commission Recommendation EU 2020/1563 of 14/10/2020 on energy poverty
Amendment 347 #
2023/0077(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) Electricity disconnections should be banned all year long, to protect households' dignity and take into account future heat waves or meteorologic events. It should also be banned and for all types of customers, not only the “vulnerables”, as not being able to pay an energy bill should be a vulnerability criterion in itself. A consumer who is in default of payment and whose energy is cut off is not a bad payer but is a vulnerable consumer who, before being cut off, has reduced his budget for food, leisure or health.
Amendment 348 #
2023/0077(COD)
Proposal for a regulation
Recital 52 b (new)
Recital 52 b (new)
(52b) Power limitation, allowing essential services, should be an alternative to disconnections.
Amendment 349 #
2023/0077(COD)
Proposal for a regulation
Recital 52 c (new)
Recital 52 c (new)
(52c) Disconnection could only be decided by a judge, and all consumers should be entitled to an explanation before they are deprived of a service essential to their dignity.
Amendment 1083 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Directive (EU) 2019/944
Article 10 – paragraph 11
Article 10 – paragraph 11
(2a) Article 10 paragraph 11 is replaced by the following : Suppliers shall inform the competent authorities and inform residential customers of the existing support measures before any power reduction. These measures may refer to energy audits, energy consultancy services, alternative payment plans, debt management advice, and do not constitute an extra cost to the customers facing a reduction in power.
Amendment 2 #
2022/2188(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the application of Part Three of the Trade and Cooperation Agreement1 (TCA) on law enforcement and judicial cooperation in criminal matters is contingent on the protection of human rights and fundamental freedomsunder the condition that the respect for democracy, the rule of law and the protection of human rights and fundamental freedoms, including as set out in the Universal Declaration of Human Rights and in the European Convention on Human Rights, and the commitment to high-level protection of personal data; _________________ 1 Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (OJ L 149, 30.4.2021, p. 10).
Amendment 9 #
2022/2188(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Expresses its deep concerns over current legislative processes in the UK that would put these conditions at risk, namely the Retained EU Law Bill, the Bill of Rights Bill and the Data Protection and Digital Information Bill;
Amendment 10 #
2022/2188(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that according to the CoE Commissioner for Human Rights, both the overall system for protecting human rights and the rights of specific groups, are under pressure in the UK; stresses that according to her report following her visit to the UK, the CoE Commissioner for Human Rights expressed concern about an increasingly antagonistic attitude towards human rights by the UK government, in view of recent and proposed changes to laws and policies, the increasing presentation of human rights as an obstacle to the effective implementation of government policies, and the verbal targeting of human rights defenders[1]; [1] https://rm.coe.int/report-on-the-visit- to-united-kingdom-from-27-june-to-1- july-2022-by-d/1680a952a5
Amendment 12 #
2022/2188(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that Part Three of the TCA allows for extended data flows between the EU and the UK, such as the exchange of DNA data, passenger name record data and criminal record information; underlines, therefore, that it is of the utmost importance that the UK ensures adequate data protection standards, so as not to putthat the level of protection is essentially equivalent to that afforded by the European Union to avoid putting EU standards at risk when sharing data with the UK;
Amendment 15 #
2022/2188(INI)
4. Underlines the risks in the liberalserious risk of onward transfer of personal data to non-EU countries that do not provide for an adequate level of protection; recalls that a primary data recipient may only transfer personal data onwards if the recipient is also subject to rules affording an adequate level of protection; stresses, therefore, that the UK must ensure that its data transfers to non-EU countries are based on regulations, appropriate safeguards and derogations and that an equivalent level of data protection to that afforded by the European Union is guaranteed;
Amendment 18 #
2022/2188(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Insists that further particular attention should be paid to the legal framework in place in the UK in the fields of national security and processing of personal data by law enforcement authorities or for migration related matters in order to make sure that all the conditions required by Union data protection law, particularly Regulations 2016/679 and 2018/1725 and Directive 2016/680, and the case-law of the CJEU are fulfilled, and hence ensure that the level of protection is essentially equivalent to that afforded by the European Union; reminds that mass surveillance programmes such as Tempora are not equivalent with EU data protection rules and reiterates its call to take into consideration case law in this field such as the Schrems cases.
Amendment 19 #
2022/2188(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Deplores the provisions in the new UK Data Protection and Digital Information Bill that would introduce new delegated legislative powers for the UK Government to legalise data processing for national security, law enforcement, and public authorities' access to personal data held by private entities; is deeply concerned by the introduction of delegated legislative powers that provide for some fundamental aspects of data protection law to be changed by the UK Government with secondary legislation; stresses the risks these delegated powers pose to legal certainty and the future of the UK adequacy decision;
Amendment 20 #
2022/2188(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Condemns the UK’s general and broad exemption from the data protection principles and data subject rights for the processing of personal data, set out in its Data Protection Act, for immigration purposes; believes that the exemption in cases in which giving effect to data subjects’ rights would jeopardise effective immigration control or in the investigation or detection of activities that would undermine the maintenance of effective immigration control does not comply with the principle of legal certainty and therefore, is not sufficient to prevent arbitrary decision-making; is deeply concerned about the situation in the English Channel and the plans from the UK authorities to externalise the asylum system by sending asylum seekers to unsafe destinations, including through the proposed "Memorandum of Understanding between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Rwanda on an Asylum Partnership Agreement’ signed between the British and Rwandan governments on 14 April 2022; urges the need to comply with its international obligations such as the Geneva Convention on the status of refugees and the European Convention on Human Rights;
Amendment 24 #
2022/2188(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Expresses its concern over the proposed UK Data Protection and Digital Information Bill, which would allow for automated decision-making; stresses that this bill would deprive individuals of their right, protected in the EU under the EU General Data Protection Regulation2 and internationally under the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data, not to be subject to a decision based solely on automated processing (including profiling) that has either a legal or similarly significant effect on them; stresses that enacting the UK Data Protection and Digital Information Bill in its current form could further jeopardise the adequacy decision granted to the UKand could raise the spectre of another Privacy Shield-style workaround. _________________ 2 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).
Amendment 28 #
2022/2188(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Deplores the provisions in the new UK Data Protection and Digital Information Bill that weaken the obligations for data controllers and processors, including the new provisions that only requireing the appointment of a senior responsible individual to be appointed when carrying out processing, which is likely to result in a high risk to individuals; deplores, equally, the provisions removing the requirement to designate a non-UK based representative for data controllers and processors that is subject to UK data protection rules, and those eliminating the obligation to consult with the UK data protection supervisory authority prior to processing when the controller’s assessment indicates that the processing is likely to result in a high risk;
Amendment 32 #
2022/2188(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights that the UK data protection supervisory authority has found multiple instances of enforcement failures and that its statistics show very low rates of hard enforcement; recalls that, in order to ensure a high level of data protection, the anticipated rules must be enforced and individuals must have access to an effective complaints procedure; is deeply concerned by provisions in the new UK Data Protection and Digital Information Bill that would expand the authority's discretion not to act upon complaints.
Amendment 33 #
2022/2188(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Deplores the provisions in the new UK Data Protection and Digital Information Bill that would introduce new powers for the UK Government to interfere with the effective and objective enforcement of data protection law, including the appointment process of members of the supervisory authority, the powers to determine their salaries, to influence its regulatory priorities, and to vetoe the function of certain regulatory functions; recalls that the UK Parliament has already expressed concerns over the compatibility of the Ministerial appointment procedure with the status of independent authorities, and recommended that the UK data protection supervisory authority becomes directly responsible to, and funded by, Parliament.
Amendment 39 #
2022/2188(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Is deeply concerned about the proposal to expand data sharing, including biometric data, under the Prüm regime; Underlines that Article 541 of the TCA provides for an amendment procedure in the event that EU law under the Prüm framework is amended substantially; recalls, therefore, that the UK’s participation in the newly revised Prüm framework is not automatic and should be under the conditional ons that the UK maintaining its current human rights standards and ensuring an adequate data protection frameworkrespects the fundamental rights and freedoms of individuals, including continued adherence and giving effect to the ECHR, adequate protection of personal data, and effective legal safeguards, which are essential prerequisites for allowing police and judicial cooperation in criminal matters;
Amendment 43 #
2022/2188(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Points out that, with regard to the necessary revision of the adequacy decision for the transfer of personal data to the UK in two years, it is of the utmost importance that guaranteeing the rights protected under the European Convention on Human Rights be non-negotiable and that Parliament closely monitors any non- compliance; calls on the Commission to launch infringement procedures to restore compliance with the Protocol in case of non-compliance;
Amendment 55 #
2022/2188(INI)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines that continued adherence and giving effect to the ECHR was one of the essential prerequisites in the TCA, in particular concerning law enforcement and judicial cooperation in criminal matters, including cooperation with Europol and Eurojust; insists that personal data exchanges with JHA Agencies should be allowed only where the EU data protection standards are guaranteed;
Amendment 58 #
2022/2188(INI)
Draft opinion
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Condemns incidents where EU citizens trying to enter the UK without visa have been detained and held in immigration removal centers, often for disproportionately long periods; regrets the UK decision to apply differentiated treatment in terms of visa fees for the citizens of a number of EU countries; is concerned that visa procedures for EU citizens are lengthy and cumbersome;
Amendment 60 #
2022/2188(INI)
Draft opinion
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Is concerned that citizens in Northern Ireland enjoy different rights depending on their nationality; urges the UK authorities to ensure there is no diminution of rights for the citizens in Northern Ireland and to fully respect the Good Friday Agreement in all its parts;
Amendment 9 #
2022/2172(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes note ofIs concerned that the first basket of own resources will not generate enough revenues for the Next Generation EU funding; welcomes the Commission’s commitment to put forward a proposal for the second basket of new own resources by the end of 2023; underlines that the second basket of own resources therefore needs to be ambitious and yield sufficient revenues; reiterates its demand that these new own resources be genuine and innovative and include proposals such as for a financial transaction tax and a digital services taxn own resource linked to the corporate sector; reiterates that the Commission should submit a legislative proposal for a digital levy or a similar measure in the case of absence of progress on the implementation of the OECD/G20 IF Pillar 1 Agreement;
Amendment 12 #
2022/2172(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that new genuine own resources (also known as ‘fresh income’) are urgently needed in order to make the Union budget more resilient and autonomous so as to allow the Union to more flexibly and sovereignly deliver on its policies and to ensure its standing as a credible and smart debt issuer; believes that the relevance of EU own resources and their link to citizens should be more clearly communicated and explained to them;
Amendment 7 #
2022/2051(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Supports the proposals made by the plenary of the Conference on the Future of Europe (‘the Conference’) of 9 May 2022 in relation to the field of civil liberties, justice and home affairs1 ; calls upon the Union to more systematically uphold the rule of law principles andand democracy, ensure fundamental rights protection, and to scrutinize respect for all these values and principlesenshrined in Article 2 TEU, both in the accession of new members and continually across all Union policies and across the Member States; _________________ 1 In particular the following proposals: 22, 25, 26, 27, 28, 29, 31, 34, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45.
Amendment 14 #
2022/2051(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the abolishment of all unanimity requirements in the Treaties and the systematic use of the ordinary legislative procedure for adopting legislation in the area of freedom, security and justice, including for the use of passerelle clauses;
Amendment 20 #
2022/2051(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that the Union’s main political instrument to address and reverse systemic rule of law threats and violationbreaches in the Member States, Article 7 TEU, has been whollyso far ineffective as the rule of law situation further deteriorated since the activation of the procedure in relation to both Poland and Hungary;2 therefore, considers it necessary to reform Article 7 TEU as follows: to change the Council voting thresholds of Article 7(1) TEU from four- fifths majority to qualified majority voting, and of Article 7(2) TEU from unanimity to a four-fifthsqualified majority; to involve the institution which triggers Article 7(1) TEU throughout the procedure;3 to require the Council to periodically organize hearings,invite a representative of the body that submitted the reasoned proposal to present it, to organize at least two hearings for each country concerned per half year, to draft country-specific recommendations and evaluate their implementation under Article 7(1) TEU; to involve the Parliament and the Commission in drafting modalities for the 7(1) TEU hearings;4 to allow the Parliament to trigger Article 7(2) TEU; to invite the European Union Agency for Fundamental Rights (‘FRA’) to give its input during the Article 7(1) hearingdicate that Member States, the Commission and the Parliament shall consider triggering Article 7(2) TEU if the procedure under Article 7(1) TEU lasts more than five years; to specify further the rights deriving from the application of the Treaties which may be suspended under Article 7(3) TEU, including the right to hold the Presidency of Council configurations; to invite the European Union Agency for Fundamental Rights (‘FRA’) to give its input during the Article 7(1) hearings; to allow the Council, acting by qualified majority, to take appropriate budgetary measures, including a suspension of commitments and payments, taking into account the possible consequences of such measures on the rights and obligations of natural and legal persons; to allow the Parliament and the Council, with the ordinary legislative procedure, to adopt the provisions for the procedure applicable to the adoption and lifting of such measures; _________________ 2 European Parliament resolution of 16 January 2020 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary (2020/2513(RSP)); European Parliament resolution of 5 May 2022 on ongoing hearings under Article 7(1) TEU regarding Poland and Hungary (2022/2647(RSP)). 3 European Parliament resolution of 16 January 2020 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary (2020/2513(RSP)). 4 European Parliament resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (2020/2072(INI).
Amendment 28 #
2022/2051(INL)
Motion for a resolution
Paragraph 1 – point a (new)
Paragraph 1 – point a (new)
(1) The Treaty on European Union shall be amended as follows: (a) in Article 2, the second sentence shall be replaced by the following: “These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and gender equality prevail.”;
Amendment 32 #
2022/2051(INL)
Motion for a resolution
Paragraph 1 – point b (new)
Paragraph 1 – point b (new)
(1) The Treaty on European Union shall be amended as follows: (b) In Article 3(3), the second subparagraph is replaced by the following: “It shall combat social exclusion and discrimination, and shall promote social justice and protection, gender equality, solidarity between generations and protection of the rights of the child.”;
Amendment 34 #
2022/2051(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the Treaties currently do not contain a legal basis to introduce legislation to defend and promote the common values expressed in Article 2 TEU and that this absence has seriously limited the Union in creating suitable and effective mechanisms to redress national threats and breaches to the common values; calls for the inclusion of such a provision, which would allow the Union, through the ordinary legislative procedure, to introduce new mechanisms for the structural monitoring and assessment of the developments as regards the common values in each Member State, including annual reports on the situation aclearly assessing whether there were deficiencies, a risk of a serious bregards theach or an actual breach of Article 2 TEU values in each of the Member States, and to issue country-specific recommendations with implementation deadlines, targets and concrete actions to be taken as well as benchmarks to measure progress, to ensure these country- specific recommendations andinclude those relevant for the European Semester, especially the CSRs linked to the independence of the judiciary and the public prosecutor, and to fighting corruption and ensuring transparency and integrity; and swiftly impose measures in case of lack of remedial action;
Amendment 37 #
2022/2051(INL)
Motion for a resolution
Paragraph 1 – point d (new)
Paragraph 1 – point d (new)
(1) The Treaty on European Union shall be amended as follows: (d) In Article 13, the following paragraph shall be added: “5. The composition of the Union’s institutions as well as of its governing and consultative bodies created by them shall aim to be gender balanced and shall ensure diversity and seek gender parity.”;
Amendment 43 #
2022/2051(INL)
Motion for a resolution
Paragraph 2 – point a (new)
Paragraph 2 – point a (new)
(2) The Treaty on the Functioning of the European Union shall be amended as follows: (a) in Article 4(2), point (k) shall be replaced by the following: “(k) common safety concerns in public health matters and the protection of human health, including on sexual and reproductive health and rights.”;
Amendment 47 #
2022/2051(INL)
Motion for a resolution
Paragraph 2 – point c (new)
Paragraph 2 – point c (new)
(2) The Treaty on the Functioning of the European Union shall be amended as follows: (c) Article 8 shall be replaced by the following: “Article 8 In all its activities, the Union shall aim to eliminate inequalities and to promote gender equality, implementing gender mainstreaming in all policy areas and gender responsive-budgeting.”;
Amendment 47 #
2022/2051(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for the inclusion of the Charter of fundamental rights as the second chapter of the EU Treaty in order for fundamental rights and freedoms to feature more prominently in the founding Treaties; calls for the inclusion in the Treaties of a fundamental rights mainstreaminghorizontal provision similar to Articles 8, 9 and 10 TFEU, so as to makeinstream the Union’s horizontal obligation to incorporate a fundamental rights perspective in all policies at all levels and at all stages explicit, hence remindquiring the co-legislators just as all Union institutions, bodies, offices and agencies and the Member States when they are implementing Union law to respect EU fundamental rights and promote their application in all their activities; considers it necessary, in addition, to make it mandatory for Union institutions, bodies, offices and agencies to include fundamental rights monitoring mechanisms and related evaluation clauses which should contain clear targets and benchmarks, in particular whenever legislating in fundamental rights-sensitive policy areas, including the area of freedom, security and justice (enhanced fundamental rights mainstreaming);
Amendment 52 #
2022/2051(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for a widening of the scope of application of the Charter of Fundamental Rights of the European Union in relation to the Member States; to that effect, Article 51(1) of the Charter cshould be revised so as to state that EU fundamental rights should protect Union citizens whenevervis-a-vis Member States act within the scope of a Union competence, whether exclusive or shared, even if such a competence has not yet been exercised by the Union;5 _________________ 5 In light of AG Sharpston’s opinion of 30 September 2010 in Case C-34/09, Zambrano.in all situations;
Amendment 53 #
2022/2051(INL)
Motion for a resolution
Paragraph 2 – point d (new)
Paragraph 2 – point d (new)
(2) In the Treaty on the Functioning of the European Union: (d) Article 10 shall be replaced by the following: “Article 10 In defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, gender, gender identity, gender expression, sex characteristics, racial or ethnic origin, religion or belief, disability, age or sexual orientation.”;
Amendment 57 #
2022/2051(INL)
Motion for a resolution
Paragraph 2 – point e (new)
Paragraph 2 – point e (new)
(2) The Treaty on the Functioning of the European Union shall be amended as follows: (e) in Article 19, paragraph 1 shall be replaced by the following: “1. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may take appropriate action to combat discrimination based on sex, gender, gender identity, gender expression or sex characteristics, racial or ethnic origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.”;
Amendment 60 #
2022/2051(INL)
Motion for a resolution
Paragraph 2 – point f (new)
Paragraph 2 – point f (new)
Amendment 62 #
2022/2051(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for making FRA responsible for ensuring that fundamental rights and freedoms are respected by Union institutions and bod, bodies, offices and agencies, and by the Member States when implementing Union law, including by promoting, monitoring and enforcing the Charter of fundamental rights of the European Union and by advising, on its own initiative or on request, all Union institutions and bod, bodies, offices and agencies on fundamental rights and freedoms in the context of EU legislative and administrative measures; calls for introducing in the Treaties an obligation for the to consult the FRA when preparing proposals for legislative acts or recommendations which have an impact on fundamental rights; calls for making FRA the central point coordinating a network of EU Agencies’ Fundamental rRights Officers;
Amendment 63 #
2022/2051(INL)
Motion for a resolution
Paragraph 2 – point g (new)
Paragraph 2 – point g (new)
(2) The Treaty on the Functioning of the European Union shall be amended as follows: (g) in Article 83(1), the second and third subparagraphs shall be replaced by the following: “These areas of crime are the following: terrorism, trafficking in human beings and sexual exploitation of women and children, gender based violence, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime”. On the basis of developments in crime, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure may identify other areas of crime that meet the criteria specified in this paragraph.”;
Amendment 66 #
2022/2051(INL)
Draft opinion
Paragraph 9
Paragraph 9
9. Points out that the 1993 Paris Principles require human rights institutions to have as broad a mandate as possible, including by handling complaints, to promote and protect human rights and, to function independently and to be provided with adequate resources; requests, therefore, expanding the scope of the mandate of the FRA to cover all Union competences, including the Union’s common foreign and security policy; considers it necessary to give the European Union Authority for Fundamental RightsFRA the status of privileged applicant before the CJEU in actions for annulment where respect for fundamental rights is at stake; considers that in order to reflect its independence and the expansion of its powers and mandate, a change in name from European Union Agency for Fundamental Rights to European Union Authority for Fundamental Rights is appropriate and appropriate financial and human resources should be allocated to sufficiently implement this mandate;
Amendment 67 #
2022/2051(INL)
Motion for a resolution
Paragraph 2 – point h (new)
Paragraph 2 – point h (new)
(2) The Treaty on the Functioning of the European Union shall be amended as follows: (h) in Article 153(1), point (i) shall be replaced by the following: “(i) to promote gender equality with regard to labour market opportunities and treatment at work;”;
Amendment 72 #
2022/2051(INL)
Motion for a resolution
Paragraph 2 – point i (new)
Paragraph 2 – point i (new)
Amendment 79 #
2022/2051(INL)
Motion for a resolution
Paragraph 2 – point k (new)
Paragraph 2 – point k (new)
(k) Declaration on Article 8 of the Treaty on the Functioning of the European Union (no 19) shall be replaced as follows: “The Conference agrees that, in its general efforts to eliminate gender inequalities the Union will aim in its different policies to combat all kinds of gender-based violence. The Member States should take all necessary measures to prevent and punish these criminal acts and to support and protect the victims.”
Amendment 79 #
2022/2051(INL)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls for an access of third- country nationals to citizenship of the Union if they have resided legally and continuously within the Union for five years immediately prior to the submission of the relevant application and the Union competence to lay down rules on the acquisition and loss of citizenship of the Union by third country nationals; calls for the prohibition of granting nationality of a Member State or citizenship of the Union in exchange for material gain;
Amendment 80 #
2022/2051(INL)
Draft opinion
Paragraph 13
Paragraph 13
13. NotDeplores that horizontal EU legislation on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation has still not been adopted since the 2008 Commission initiative due to the absence of unanimity in Council; recommendproposal due to blockage at Council level; asks therefore that EU action to combat discriminations on the basis of Article 19 TFEU be taken in accordance with the ordinary legislative procedure; in order to ensure a uniform minimum level of protection within the Union for people who are discriminated against; calls for Article 19 TFEU to also cover the grounds of gender, gender identity, gender expression or sex characteristics, social origin, genetic features, language, political or any other opinion, membership of a national minority, property and birth, as well as intersectional discrimination;
Amendment 84 #
2022/2051(INL)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls for the introduction in the TFEU of a new competence to legislate on facilitating the exercise of the rights of people belonging to minorities and for the accession of the Union to the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities;
Amendment 85 #
2022/2051(INL)
Draft opinion
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Calls for the introduction in Article 10 TFEU of the grounds of gender, gender identity, gender expression or sex characteristics, and all other grounds mentioned in the Charter of Fundamental Rights, for the Union to combat discrimination when defining and implementing its policies and activities;
Amendment 86 #
2022/2051(INL)
Draft opinion
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Calls for the inclusion, in Article 8 TFEU, of a reference to gender inequalities and an obligation for the Union to aim in its different policies to combat all kinds of gender-based violence, including by taking all necessary measures to prevent and punish these criminal acts and to support and protect the victims;
Amendment 87 #
2022/2051(INL)
Draft opinion
Paragraph 13 d (new)
Paragraph 13 d (new)
13 d. Calls for the inclusion, in Article 21(1) of the Charter of Fundamental Rights of the European Union, of gender, gender identity, gender expression, sex characteristics, in order to also prohibit discrimination on these grounds explicitly;
Amendment 88 #
2022/2051(INL)
Draft opinion
Paragraph 13 e (new)
Paragraph 13 e (new)
13 e. Calls for the inclusion of the right to self-determination in the Charter of Fundamental Rights;
Amendment 89 #
2022/2051(INL)
Draft opinion
Paragraph 13 f (new)
Paragraph 13 f (new)
Amendment 90 #
2022/2051(INL)
Motion for a resolution
Paragraph 3 – point c (new)
Paragraph 3 – point c (new)
(3) The Charter shall be amended as follows: (c) in Article 21, paragraph 1, shall be replaced by the following: “1. Any discrimination based on any ground such as sex, gender, gender identity, gender expression, sex characteristics, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.”;
Amendment 90 #
2022/2051(INL)
Draft opinion
Paragraph 13 g (new)
Paragraph 13 g (new)
13 g. Calls for the inclusion of the climate target in Article 37 of the Charter of Fundamental Rights;
Amendment 91 #
2022/2051(INL)
Draft opinion
Paragraph 13 h (new)
Paragraph 13 h (new)
13 h. Calls for measures concerning family law with cross-border implications to be adopted in accordance with the ordinary legislative procedure;
Amendment 95 #
2022/2051(INL)
(3) The Charter shall be amended as follows: (d) Article 23 shall be replaced by the following: “Article 23 Gender Equality Gender equality must be ensured in all areas, including employment, work and pay. The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of women in all their diversity.”
Amendment 99 #
2022/2051(INL)
Motion for a resolution
Paragraph 3 – point e (new)
Paragraph 3 – point e (new)
(3) The Charter shall be amended as follows: (e) a new Article shall inserted before Article 24: “Article 23a The right to access to sexual and reproductive health and rights Everyone has the right to bodily autonomy and to have free and informed access to sexual and reproductive health and rights and to all related healthcare services without discrimination, including to a safe and legal abortion.”
Amendment 100 #
2022/2051(INL)
Draft opinion
Paragraph 15
Paragraph 15
15. Believes these form a sound basis to respond to calls from citizens expressed at the Conference6 which included strengthening the EU’s role on legal migration, on asylum, on addressing irregular migration, and on strengthening the protectionthe proper management of the European Union's external borders, while respecting fundamental rights, as well as for reform of the common European asylum system and for applying common rules uniformly in all Member States on the reception of migrants and for improving integration policies in all Member States; _________________ 6 Recommendations Nos 41 to 45, see https://www.europarl.europa.eu/resources/l ibrary/media/20220509RES29121/202205 09RES29121.pdf
Amendment 106 #
2022/2051(INL)
Draft opinion
Paragraph 16
Paragraph 16
16. Stresses however that action at EU level remains incomplete due to the institutional imbalance between the co- legislators; recommends therefore that the ordinary legislative procedure apply to all Union policies on border checks, asylum and immigration, including for the evaluation of the implementation of those policies (Article 70 TFEU); calls for competences to be fully shared between the EU and the Member States, including for harmonisation of the laws and regulations of the Member States, which at the moment excludes integration measures, even though integration is the natural end point forand inclusion of third-country-nationals is fundamental to the success of efforts to develop common rules fromregarding their arrival of third-country nationalsto and stay into the EU and is a key part of the implementation of the Common European Asylum System;
Amendment 110 #
2022/2051(INL)
Draft opinion
Paragraph 17
Paragraph 17
17. Calls for the introduction of a Union competence in Article 82 TFEU to establish minimum conditions for pre-trial detention and custody., and for minimum standards on the admissibility of evidence, in full respect of the right to a fair trial in criminal proceedings; calls for mutual recognition of judicial decisions in criminal matters under Article 83(2) to be fully anchored to the respect, by Member States, of fundamental rights and the rule of law, and of judicial independence in particular;
Amendment 114 #
2022/2051(INL)
Draft opinion
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls for a stronger involvement of the Parliament under the special legislative procedure of Article 83(1) TFEU, related to the identification of new areas of particularly serious crime with a cross-border dimension; calls for the inclusion of environmental crime and gender-based violence in the list of ‘Euro- crimes’;
Amendment 115 #
2022/2051(INL)
Draft opinion
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Calls for the use of the ordinary legislative procedure under Article 86(4) TFEU to extend the European Public Prosecutor Office's (EPPO) competence to exercise the functions of prosecutor in the competent courts of the Member States in relation to new areas of serious crime with a cross-border dimension; calls for the inclusion of environmental crime among the areas of crimes of ‘Euro-crimes’ in respect of which the EPPO shall be responsible for conducting investigations and prosecutions.
Amendment 53 #
2022/0084(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. In the event of any doubt as to the confidential nature of an item of information or its appropriate level of classification, the two institutions shall consult each other without delay and before transmission of the document. In these consultations, Parliament shall be represented by the chair of the parliamentary body concerned, accom-panied, where necessary, by the rapporteur, or the office-holder who submitted the request. The Commission shall be represented by the Member of the Commission with responsibility for that area, after consultation of the Member of the Commission responsible for security matters. In the event of a disagreement, the matter shall be referred to the Presidents of the two institutions so that they may resolve the dispute.
Amendment 55 #
2022/0084(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3 a. This Article is without prejudice to Regulation No 1049/2001 regarding public access to European Parliament, Council and Commission documents.
Amendment 11 #
2022/0068(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) On 10 April 1998 the Belfast Agreement was signed by the Government of the UK, the Government of Ireland and the other participants in the multi-party negotiations (the ‘Good Friday Agreement’). The Protocol on Ireland/Northern Ireland of the Withdrawal Agreement provides for a legal framework that preserves the Good Friday Agreement in all its parts and the rights of the people of Northern Ireland, and safeguards peace, single market integrity and the all-island economy and therefore avoids a hard border. It is the UK’s obligation to ensure that the Good Friday Agreement in all its parts applies under all circumstances.
Amendment 14 #
2022/0068(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Union and the United Kingdom including its devolved institutions may conclude other bilateral agreements between them that constitute supplementing agreements to the Trade and Cooperation Agreement and such supplementing agreements are an integral part of the overall bilateral relations as governed by this Agreement and form part of the overall framework.
Amendment 16 #
2022/0068(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Should the need arise to exercise its rights in implementing and enforcing the Withdrawal Agreement and the Trade and Cooperation Agreement, the Union should be in a position to make appropriate use of the instruments available to it swiftly and in a proportionate, effective and flexible manner, while fully involving Member States and keeping the European Parliament and the EU Domestic Advisory Group under the Trade and Cooperation Agreement informed. The Union should also be able to take appropriate measures if effective recourse to binding dispute settlement under those Agreements is not possible because the United Kingdom does not cooperate in making such recourse possible. It is therefore necessary to lay down rules and procedures governing the adoption of those measures.
Amendment 23 #
2022/0068(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure uniform conditions for the implementation of this Regulation, and in particular in order to ensure the swift, effective and flexible exercise of the corresponding Union’s rights under the Withdrawal Agreement and the Trade and Cooperation Agreement, implementing powersthe power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be conferrdelegated ton the Commission to adoptin respect of the measures referred to above and to and to adopt, as appropriate, measures restricting trade or other activities. Those powers should also extend to the amendment, suspension or repeal of the adopted measures. They should be exercised in accIt is of particular impordtance with Regulation (EU) No 182/2011 of the European Parliament and of the Council24 . Given that the envisaged measures entail the adoption of acts of general scope, and that most of the envisaged measures relate to the areas referred to in Article 2(2), point (b), of that Regulthat the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 20161a. In particular, to ensure equal participation, in the examination procedure should be used for the adoption of those measures. The Commission should adopt immediately applicablpreparation of delegated acts, the European Parliament and the Council should receive all documents at the same timplementing acts where, in duly justified cases, imperative grounds of urgency so require for the appropriate protection of the Union’s interese as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 241a Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 30 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – introductory part
Article 2 – paragraph 1 – subparagraph 1 – introductory part
The Commission shall be empowered, by means of implementing acts, to adopt delegated acts in accordance with Article 3a concerning:
Amendment 31 #
2022/0068(COD)
(a) to adopt the measures referred to in Article 1(2) of this Regulation; and
Amendment 34 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
Where appropriate, those implementingdelegated acts shall specify the duration of the adopted measures.
Amendment 38 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) effectiveness of the measures in inducing compliance of the United Kingdom with the agreements referred to in Article 1(1) in particular the Good Friday Agreement in all its parts which apply under all circumstances;
Amendment 40 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) potential of the measures to guarantee citizens’, consumers’ and workers’ rights, contribute to sustainable development to provide relief to economic operators within the Union affected by the measures of the United Kingdom;
Amendment 45 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall be empowered to amenddopt delegated acts in accordance with Article 3a concerning amendment, suspendsion or repeal of the measures referred to in Article 1(2) by means of implementing acts. Where appropriate, those implementingdelegated acts shall specify the duration of the suspension.
Amendment 47 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. The Commission shall fully inform the Council, the European Parliament and the Domestic Advisory Group simultaneously in written and in a timely manner of all difficulties that may arise, in particular possible breaches of the Agreements and other situations that may give rise to measures taken pursuant to this Regulation, as well as of its intention to adopt measures referred to in paragraph 1 and of the follow up to any measures taken. In addition, when requested by the European Parliament, the Commission shall present and explain difficulties, possible breaches, intended measures and follow-up, in a meeting of the European Parliament’s responsible committee which may decide to follow-up by expressing its position in writing through a letter to the Commission. The Commission shall take the utmost account of the views expressed by the European Parliament. If the Commission does not follow the position of the European Parliament, the Commission shall explain in writing the reasons for not doing so.
Amendment 53 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Where there is a particular concern of one or more Member States, that or those Member Statesany Member State or the European Parliament, may request the Commission to adopt measures referred to in Article 1(2). If the Commission does not respond positively to such a request, it shall inform the Council ijustify its response in a written and timely manner of its reasons.
Amendment 55 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. If, due to persisting significant divergences, rebalancing measures referred to in Article 1(2), point (c), of this Regulation last for more than a year, one or more Member States, and the European Parliament may request the Commission to activate the review clause provided for in Article 411 of the Trade and Cooperation Agreement. The Commission shall examine this request in a timely manner and shall consider seizing as appropriate the Partnership Council of that matter, in accordance with the provisions set out in the Trade and Cooperation Agreement. If the Commission does not respond positively to such a request, it shall inform the CouncilEuropean Parliament, the Council and the EU Domestic Advisory Group under the Trade and Cooperation Agreement in a timely manner of its reasons.
Amendment 60 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
Amendment 61 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
7. On duly justifiedWhere imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in so require, the procedure provided for in Article 3b shall apply to delegated acts adopted pursuant to this Article 3(3).
Amendment 63 #
2022/0068(COD)
Proposal for a regulation
Article 3
Article 3
Amendment 65 #
2022/0068(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 66 #
2022/0068(COD)
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3 b Urgency procedure 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 3a(6). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.
Amendment 67 #
2022/0068(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Annual reporting 1. When the Commission submits its annual reports to the European Parliament, to the Council and to the EU Domestic Advisory Group under the Trade and Cooperation Agreement on the implementation and application of the Trade and Cooperation Agreement and the Withdrawal agreement, it shall also include an overview of the complaints received regarding the Trade and Cooperation Agreement, as well as their follow up, and of measures adopted under Article 2. 2. The European Commission, when requested by the European Parliament, shall present and explain any issues related to the implementation of this Regulation within two months of the submission of the Commission’s report.
Amendment 239 #
2022/0066(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein without discrimination on account of any ground. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.
Amendment 263 #
2022/0066(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women is a persisting manifestation of structural discrimination against women in all their diversity, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.
Amendment 288 #
2022/0066(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or, sexual orientation, gender identity, gender expression and sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination and violence, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence and domestic violence. For example, acts of gender-based violence which seek to punish victims for their sexual orientation, gender expression, gender identity or sex characteristics such as so- called “corrective rape”, should be given particular attention.
Amendment 308 #
2022/0066(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain or punishment for the victim's sexual orientation, gender identity, gender expression or sex characteristics (so- called "corrective rape"). Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. .
Amendment 345 #
2022/0066(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to address the severe and long-lasting physical and psychological impairments of intersex genital mutilation performed on persons with variations of sex characteristics, also known as intersex persons, this offence should be specifically and adequately addressed in the criminal laws. Non-vital, non- consensual procedures and treatments performed on intersex children assigned female, such as labiaplasties, vaginoplasties, gonadectomies, clitoral “recession” and other forms of clitoral cutting or removal, are specifically based on sexist and misogynistic beliefs aimed at exerting control over intersex girls’ and women’s physical appearance and sexuality. The term "capacity to provide consent" shall be interpreted as the ability to understand the facts, assess the risks and benefits and balance the short- and long-term consequences of the possible choices and make a decision. Member States shall ensure that a minor is deemed capable of providing consent only if all the elements above are assessed to be in place. The term "hormonal treatments" shall be understood as any non- consensual treatments aimed at altering the sex characteristics of the person; it excludes consensual gender affirming hormonal treatments or access to hormone blockers.
Amendment 360 #
2022/0066(COD)
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists and human rights defenders, as well as persons who are part of marginalised communities. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide. Women and girls exposed to discrimination and violence on the basis of a combination of their sex or gender and other grounds are disproportionately affected by cyber violence, including cyber harassment or cyber incitement to violence or hatred.
Amendment 390 #
2022/0066(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The increase in internet and social media usage has led to a sharp rise in public incitement to violence and hatred, including based on sex or gender, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as the presumed anonymity on the internet and sense of impunity reduce people’s inhibition to engage in such speech. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offlinOftentimes, perpetrators of such incitement online are public figures who, due to a presumed impunity, have the effect of legitimising and emboldening acts of violence offline. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. Children and youth can also be the target of violent cyber violence owing to personal characteristics such as disability, racial or ethnic origin, sexual orientation, gender identity, gender expression, sex characteristics or other grounds which, if left unaddressed, may cause social exclusion, anxiety, inducement to inflict self-harm and, in extreme situations, suicide ideation, suicide attempts or actual suicide. This needs to be intercepted at an early stage. The language used in this type of incitement does not always directly refer to the sex or gender of the targeted person(s), but the biased motivation can be inferred from the overall content or context of the incitement.
Amendment 430 #
2022/0066(COD)
Proposal for a directive
Recital 29
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety and providing tailored support, taking into account, among other matters, the individual circumstances of the victim, specific needs and vulnerability. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender.
Amendment 504 #
2022/0066(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Specialised support services should provide support to victims of all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, intersex genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.
Amendment 537 #
2022/0066(COD)
Proposal for a directive
Recital 50
Recital 50
(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, and of intersex genital mutilation, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.
Amendment 558 #
2022/0066(COD)
Proposal for a directive
Recital 53
Recital 53
(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situation and the well-being of their children, ultimately preparing victims for an autonomous life. Member States should ensure the availability of sufficient dedicated domestic violence shelters, with an adequate geographical distribution. A variety of different models should be made available, including single-gender shelters, thereby ensuring maximum flexibility for victims. Shelters should always be available free of charge for the victim.
Amendment 587 #
2022/0066(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women, children, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender- based violence, should receive specific protection and support.
Amendment 603 #
2022/0066(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. Special attention must be paid in awareness-raising campaignst to women andexperiencing discrimination and violence on the basis of the combination of their sex or gender and other grounds, and by victims at an increased risk of domestic violence. Prevention should also take place in formal education, in particular, through strengthening sexualityinclusive sexuality and relationships education and socio- emotional competencies, empathy and developing healthy and respectful relationshipssuch as empathy.
Amendment 632 #
2022/0066(COD)
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes and prejudices, including multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 636 #
2022/0066(COD)
Proposal for a directive
Recital 61 a (new)
Recital 61 a (new)
(61a) Member States should recognise women's civil society organisations, including organisations working with women at a heightened risk of experiencing gender-based violence, as partners in policy development and implementation and should, where relevant, include them in the work of government bodies and committees working to combat violence against women and domestic violence. In addition, other relevant stakeholders should be consulted on relevant issues, such as social partners in relation to sexual harassment at the workplace.
Amendment 653 #
2022/0066(COD)
Proposal for a directive
Recital 65
Recital 65
(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women and domestic violence and design new policy strategies in this field. Data collected should include the context in which the offence took place, such as at home, at the workplace or online, as well as information about whether a victim is at a heightened risk of experiencing gender-based violence, as this will inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination as defined in recital 11. When sharing the data collected, no personal data should be included.
Amendment 685 #
2022/0066(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex or gender and other grounds, as well as to victims at an increased risk of domestic violence, so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5), Article 35(1) and Article 37(7).
Amendment 800 #
2022/0066(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a Intersex Genital Mutilation Member States shall ensure that the following intentional conduct is punishable as a criminal offence: 1) Performing any surgical or medical procedure or hormonal treatment on the sex characteristics of a person with variations of sex characteristics, with the purpose or effect of altering such characteristics so that they align with those considered typically female or male: a. In the case the person referred to in point 1) has the capacity to provide consent to the procedure or treatment, if the person does not provide informed consent; b. In the case the person referred to in point 1) does not have the capacity to provide consent to the procedure or treatment, unless an urgent procedure or treatment is undertaken on reasonable grounds to save the person’s life or prevent serious damage to the person’s physical health. 2) Coercing a person with variations of sex characteristics to undergo any of the procedures or treatments referred to in point 1), or coercing the person holding parental responsibility to authorise any of the procedures referred to in point 1).
Amendment 912 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offences referred to in Articles 6 isand 6a are punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 973 #
2022/0066(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 6 and 6a of at least 10 years from the time when the offence was committed.
Amendment 1042 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or specialised support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services.
Amendment 1070 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex or gender and other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.
Amendment 1107 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialised support services contact victims to offer support.
Amendment 1176 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
(e) how to cater to the enhanced protection and support needs of victims experiencing discrimination based on a combination of sex or gender and other grounds;
Amendment 1294 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for healthcare and social service professionals on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex or gender and other grounds of discrimination.
Amendment 1314 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence, which should clarify whether the motives were related to the sex or gender and other personal characteristics of the victim. These centres shall provide for medical and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.
Amendment 1339 #
2022/0066(COD)
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a Specialist support for victims of intersex genital mutilation 1. Member States shall ensure that victims of intersex genital mutilation are provided with effective support, including gynaecological, psycho-social, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. This shall also include access to treatment and medications needed as a consequence of intersex genital mutilation. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of intersex genital mutilation referred to in paragraph 1 of this Article.
Amendment 1377 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence, including by ensuring that there is access to single- gender shelters. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living.
Amendment 1431 #
2022/0066(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, or older women, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender-based violence.
Amendment 1481 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, capacitating society with the knowledge to understand consent and identify and address instances of violence, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
Amendment 1491 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutilation, intersex mutilation and other harmful practices.
Amendment 1521 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians and midwives, shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female genital mutilation, intersex genital mutilation and other harmful practices.
Amendment 1536 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 5
Article 37 – paragraph 5
5. Without affecting media freedom and pluralism, Member States shall encourage and support the setting up of media training activities by media professionals’ organisations, media self- regulatory bodies and industry representatives or other relevant independent organisations, to combat stereotypical portrayals of women and men, sexist images of women, and victim- blaming in the media, aimed at reducing the risk of all forms of violence against women or domestic violence.
Amendment 1579 #
2022/0066(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic, domestic violence, or specialised non-governmental organisations working with vulnerable women and victims at a heightened risk of violence, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.
Amendment 1626 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offense.
Amendment 94 #
2021/2243(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas lesbophobia must be understood as violence at the intersection of homophobia and misogyny, constituting a type of violence with its own roots, patterns, modes and consequences formed by this intersectional experience; whereas one in six (16%) lesbian or bisexual women reported episodes of discrimination when accessing healthcare or social services;
Amendment 125 #
2021/2243(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas social and legal changes, as well as research in the medical and biological field, have led to the recognition of diversity in the definition of ‘sex’ in addition to women and men; whereas sex discrimination has been interpreted in the case-law of the CJEU more broadly to include transgender persons who undergo medical transition;
Amendment 132 #
2021/2243(INI)
Motion for a resolution
Recital L
Recital L
L. whereas intersecting types of discrimination can have a serious impact on the life of survivors of gender-based violence such as female or intersex genital mutilation, for example by limiting or impeding their access to the prevention, support and protection services they need as a result of a combination of types of discrimination and cultural and linguistic barriers;
Amendment 181 #
2021/2243(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to collect equality data, including data disaggregated by gender, racial and ethnic origin, based on voluntary participation, anonymity, confidentiality, self- identification and informed consent, while respecting the key principles of data protection and fundamental rights; takes note of the ongoing revision of the European statistics on population; calls on the Commission to ensure that this revision encompasses as many explicit grounds as possible, so as to ensure the collection of reliable equality data;
Amendment 190 #
2021/2243(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the appointment of a Commissioner for Equality and EU coordinators for combating racism, as well as for combating antisemitism and fostering Jewish life; stresses that in order to institutionalise an approach that takes intersectionality into account, the Commission should appoint coordinators aligned with all of the individual Equality Strategies; believes that the collective work of such coordinators will help to institutionalise intersectionality, contribute to the important work of the Commissioner for Equality and strengthen the implementation of each Strategy;
Amendment 195 #
2021/2243(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the role and cooperation of the Commission’s Task Force on Equality to be reinforced and its cooperation with other bodies to be stepped up in order to ensure that all policy measures include an intersectional perspective based on impact assessments of policies and legislation; invites the Commission to reflect further on how to best draw the strategic potential of this initiative, which can be further developed with the inclusion of the Coordinators of each equality field;
Amendment 197 #
2021/2243(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers the EC Platform on Disability to be a flagship initiative with strategic potential; invites the EC to set up similar structures to ensure full implementation of all strategies under the ‘Union of Equality’ framework;
Amendment 200 #
2021/2243(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights the need for a comprehensive directive on gender-based violence with an intersectional approach, covering all women and girls in all their diversity and LGBTIQ people on the grounds of gender identity, gender expression or sex characteristics; calls on Member States to ensure that instances of gender-based violence are appropriately investigated, prosecuted and sanctioned and that victim-support services are comprehensive enough to address all forms of violence with a victim-centred perspective, particularly that which results from intersectional discrimination;
Amendment 204 #
2021/2243(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that the principle of equal treatment for men and women cannot be confined to the prohibition of discrimination based on a person’s given sex, and that it also applies to discrimination arising from the person’s gender identity; recalls that the CJEU has interpreted sex discrimination within the principle of equal treatment as encompassing transgender persons who undergone medical transition, yet notes that no such judgements were issued concerning non-binary or intersex persons, questioning the utility and capacity of EU non-discrimination legislation for the large trans population in Europe who cannot or will not access gender affirmation healthcare or for intersex persons; recalls that such individuals will be without remedy if they suffer discrimination compared to those who have physically altered their bodies; recalls the need for EU anti- discrimination to go beyond the gender binary and recognise gender discrimination; calls on the Commission to come up with a legislative proposal that avoid any risk of legal uncertainty in this matter;
Amendment 244 #
2021/2243(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to ensure that the Council Framework Decision on combating racism and xenophobia13 , the Victim’s Rights Directive, the Racial Equality Directive and the Employment Equality Directive are consistently implemented; _________________ 13 Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law, OJ L 328, 6.12.2008, p. 55.
Amendment 272 #
2021/2243(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. CNotes that access to health can be impaired by the compounded effect of intersectional discrimination; calls on the Member States to ensure universal health coverage and to urgently remove the barriers that exist to healthcare for all, including for undocumented migrants;
Amendment 288 #
2021/2243(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Encourages the Member States to ensure accessible and transparent legal gender recognition procedures based on self-determination and in line with WHO’s ICD-11, and to recognise trans, non-binary and intersex people in law; urges Member States to ban intersex genital mutilation and to ensure that intersex infants are not subjected to non-vital medical or surgical treatment during infancy or childhood;
Amendment 186 #
2021/2180(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that in some circumstances, Member States deliberately resorted to measures which question the principle of the rule of law, such as legislation adopted in fast track procedures without public consultations or even, in exceptional cases, constitutional changes as a way to legitimise discriminatory policies that could otherwise not be legislated upon, such as provisions that specifically aim at LGBTIQ persons; recalls the Member States have a responsibility towards citizens in condition of vulnerability and should provide them with safety and protection from discrimination;
Amendment 192 #
2021/2180(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the annual report should identify cross-cutting trends at EU level; asks the Commission to identify instances where certain measures or practices that undermine the rule of law in one Member State become blueprints for others, or when the gravity and scope of such deficiencies have the potential to affect the Union as a whole; highlights that the intentional targeting of certain minority groups’ rights in some Member States have created and established a momentum elsewhere, as can be evidenced by backtracking on the rights of women and LGBTIQ persons.
Amendment 247 #
2021/2180(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines its concern at the fact that women and people in vulnerable situations, including persons with disabilities, children, religious minorities, particularly at a time of rising antisemitism and anti-Muslim hatred in Europe, Romani people and other persons belonging to ethnic and linguistic minorities, migrants, asylum seekers, refugees, LGBTI+Q persons and elderly people, continue to see their rights not being fully respected across the Union; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights and minority rights; recalls its recommendation from 2020 for future reports to assess the effect that hate crime and hate speech have on discrimination;
Amendment 253 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the infringement procedures initiated by the Commission against Hungary and Poland as part of the July 2021 infringement package concerning the respect for the human rights of LGBTIQ persons and breaches of EU law, which constitute the first time the Commission has specifically initiated infringements to safeguard their rights;
Amendment 268 #
2021/2180(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that the exercise of fundamental freedoms, including the right to be critical in public, is an element of a free and democratic society; notes that strategic lawsuits against public participation (SLAPPs) require a legislative European response that ensures the respect for democracy and fundamental rights and, inconsequence, also the rule of law; welcomes the Commission’s commitment to propose a directive against abusive litigation targeting journalists and rights defenders, emphasising that the scope must be comprehensive enough to encompass all those who are rights defenders, including individual activists;
Amendment 357 #
2021/2180(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance of the Rule of Law Conditionality Regulation where breaches of the principles of the rule of law affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union; considers that the annual report is the most appropriate place to have a dedicated section and conduct a relevant analysis; urges the Commission to launch the procedure enshrined in Article 6(1) of that regulation at least in the cases of Poland and Hungary; calls on the Commission to explore the full potential of the Common Provisions Regulation and the Financial Regulation to protect the rule lawdemocracy, fundamental rights and the rule law, thereby ensuring that EU funds are not used for initiatives which are not in compliance with EU values;
Amendment 361 #
2021/2180(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Is concerned about the Commission’s 2021 Rule of Law report’s findings that, in some countries, the state- sponsored harassment and intimidation of the LGBTIQ organisations affects their ability to access funding; calls on the Commission to assess the issue more closely and to ensure through the necessary means that the non- discrimination principle governing access to EU funds is fully complied with everywhere in the EU; considers that these findings reinforce the long-standing position of the Parliament that the scope of the Rule of Law report should be broadened to include all Article 2 TEU values;
Amendment 24 #
2021/2170(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas gender equality is a core value of the Union enshrined in Article 2 TEU; whereas Article 8 TFEU lays down the principle of gender mainstreaming;
Amendment 81 #
2021/2170(INI)
H. whereas poverty also makes women more vulnerable toexacerbates the impacts of gender-based violence on women due to increased difficulties to escape this situation; whereas gender- based violence; whereas this includes disproportionate vulnerability to is a structural problem that transcends class, origin or belief; whereas poverty puts women at a greater risk of trafficking and sexual exploitation;
Amendment 86 #
2021/2170(INI)
Ha. whereas gender-based violence often lead women to poverty and social exclusion, since violence has consequences on health and frequently leads to job loss and homelessness;
Amendment 96 #
2021/2170(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Amendment 98 #
2021/2170(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. whereas the rate of trans people in paid employment reaches only 51%, compared to 69.3% of the general population; whereas unemployment is a particular issue for tra ns women who are nearly three times as likely to be unemployed as the general population average12a; _________________ 12a https://op.europa.eu/en/publication- detail/-/publication/7341d588-ddd8-11ea- adf7-01aa75ed71a1/language-en
Amendment 122 #
2021/2170(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas the social, green and feminist agenda are interlinked and share the goal to ensure a fair distribution of resources; whereas a caring economy simultaneously ensures the achievement of gender equality, sustainability and wellbeing12b; _________________ 12b https://wbg.org.uk/commission/
Amendment 125 #
2021/2170(INI)
Motion for a resolution
Recital L b (new)
Recital L b (new)
L b. whereas good-quality care services, such as adult social care, healthcare and childcare are critical for a good economy; whereas a caring economy extends beyond care services and it involves fair pay and working conditions, ending discrimination, deprivation and poverty, eliminating violence and abuse, and caring about the planet on which we live together; whereas a caring economy means acting together to improve wellbeing rather than to maximise economic growth12c; _________________ 12c https://wbg.org.uk/commission
Amendment 142 #
2021/2170(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that women’s poverty needs to be analysed from an intersectional approach, including migrant and ethnic origin, age, race and sexual or gender orientatientation, gender identity or gender expression; calls for the EIGE’s Gender Equality Index to be incorporated into the social scoreboard; calls on the EIGE to provide data disaggregated intersectionally and by gender, and calls on the Member States to use this data in order to better address country-specific challenges;
Amendment 145 #
2021/2170(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States to do a similar and regular work on collection of disaggregated data and analysis when they design or evaluate their policies and practices in order to gather information and figures on the situation of women in specific precarious conditions, such as women suffering from energy precariousness, digital divide, occupational diseases, undernutrition or malnutrition;
Amendment 148 #
2021/2170(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to put forward a ‘care deal for Europe’, which should ensure a transition towards a caring economy, should take a holistic, gender-sensitresponsive and lifelong approach to care, and should include measures to ensure fair working conditions, end discrimination, combat poverty, violence and abuse and ensure ecological sustainability while envisaging legislative measures and investment at EU level;
Amendment 162 #
2021/2170(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the pivotal role of women working in the social, care and retail sectors that keep our societies functioning, as shown by the COVID-19 crisis; calls for typically female-dominated work to be reassessed and revaluated and for cross- sector gender-neutral job evaluation tools to be developed and applied in order to better assess and more fairly remunerate female-dominated work and ensure an equal pay for work of equal value;
Amendment 173 #
2021/2170(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that in order to tackle the multidimensionality of women’s poverty, it is necessary to overcome the segregation of unpaid domestic care work mainly performed by women and to introduce flexitimereinforce care services as well as work-life balance measures in order to allow women and men to better reconcile their professional life with their private life (time use policy);
Amendment 176 #
2021/2170(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that women are disproportionately and often involuntarily concentrated in precarious work including high levels of part-time work, low-paid, fixed term and zero-hour contracts; urges the Member States to implement the International Labour Organisation (ILO) recommendations intended to reduce the scale of precarious work, such as restricting the circumstances in which precarious contracts can be used and limiting the length of time workers can be employed on such a contract;
Amendment 185 #
2021/2170(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Urges the Commission and the Members States to step up its efforts to prevent and combat discrimination against transwomen and ensure access to work without discrimination;
Amendment 186 #
2021/2170(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Stresses the high proportion of jobs in the informal economy that affect women in particular, such as in agriculture or small family businesses, which leads to a lack of appropriate social protection, including pension rights; calls therefore on the Member States and regions with legislative powers to improve the legislation regarding gender equality in the labour market, in particular regarding wages, ownership rights and decision making, as well as to ensure social security for both men and women in these sectors;
Amendment 192 #
2021/2170(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that women’s economic independence plays a crucial role in their ability to escape situations of gender- based violence; calls therefore for the provision of social protection systems to support women in this situation, the adoption of a comprehensive directive on preventing and combating all forms of gender-based violence, the addition of gender-based violence in the list of Eurocrimes, the EU ratification of the Istanbul Convention as well as the ratification by Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia;
Amendment 199 #
2021/2170(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Stresses that climate change has a big impact on female poverty as women are more dependent on natural resources and, since they constitute a majority of world's poor, women have less resources to protect themselves of the negative effects of climate change such as health effects, droughts, natural disasters or displacement linked to environmental change;
Amendment 206 #
2021/2170(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. CDeplores that a gender perspective has not been introduced systematically in EU's climate policies; calls on the Commission to mainstream gender into the EU’s climate change policies and legislation in order to ensure that the Fit for 55 package policies and the social climate fund are designed and implemented with a clear gender dimension and benefit women as equally as men;
Amendment 217 #
2021/2170(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to mainstream gender into all transport-related legislation, policies, programmes and actions and to include a gender criteria and work-life balancperspective in the design of mobility, housing and urban planning;
Amendment 218 #
2021/2170(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
Amendment 229 #
2021/2170(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the EU and its Member States to integrate a gender perspective into policies and practices that address homelessness, to develop a specific strategy to comberadicate women’s homelessness by 2030 and to ensure that services work appropriately and effectively to meet the needs of homeless women;
Amendment 231 #
2021/2170(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to assess and propose, where appropriate, new legislation to counter the financialisation of housing markets and stop speculators from making housing unaffordable and to adapt European rules for digital platforms to give cities more control over rentals via platforms;
Amendment 251 #
2021/2170(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points out the importance of fighting tax avoidance and the implementation of redistributive tax policies to combat poverty; regrets the tendency in some Member States to increase indirect taxes which is a regressive measure that worsens the situation of groups experiencing social disadvantage;
Amendment 253 #
2021/2170(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Stresses that tax policies have a gender dimension; calls on the Member States to avoid gender discrimination in their tax policies and apply a reduce VAT rate to women's necessity goods such as tampons;
Amendment 254 #
2021/2170(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Notes that poverty continues to be measured on accumulated household income, which assumes that all members of the household earn the same and distribute resources equally; calls for individualised rights and calculations based on individual incomes to combat the true extent of women's poverty;
Amendment 255 #
2021/2170(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Calls on the Commission to propose a European framework Directive on minimum income schemes as the basis for high level social protection and full participation in society across the life span and ensuring minimum income schemes above the poverty threshold of 60 % of national median income in all Member States; points at the missed opportunity by the Commission in the 2022 Work Programme which only includes a non-legislative proposal;
Amendment 256 #
2021/2170(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Welcomes the ongoing negotiations for the adoption of a directive on adequate minimum wages in the European Union; calls for the establishment of a minimum wage per country based on a basic basket of goods and services including, among other things, the costs of adequate housing, healthy food, clothing, transport, health care and participation in culture and education;
Amendment 288 #
2021/2170(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 292 #
2021/2170(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Regrets that, overall, gender mainstreaming has not yet been applied across the EU budget as pointed out by the European Court of Auditors and calls for this situation to be reversed as a matter of urgency; underlines that the gender perspective has to be integrated at all levels of the budgetary process in order to transform revenues and expenditures to achieving gender equality goals;
Amendment 294 #
2021/2170(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Reiterates its call on the Member States to create a formal Council configuration on Gender Equality, in order to provide the Ministers and Secretaries of State in charge of gender equality with a dedicated forum for discussion, and to better facilitate gender mainstreaming across all EU policies, including employment and social policy;
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 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 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 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 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 19 #
2021/2048(REG)
Proposal for a decision
Paragraph 2 – point a
Paragraph 2 – point a
Amendment 21 #
2021/2048(REG)
Parliament's Rules of Procedure
Rule 213 – paragraph 1
Rule 213 – paragraph 1
1. At the first committee meeting after the appointment of committee members pursuant to Rule 209, and again two and a half years thereafter, the committee shall elect a bureau consisting of a Chair and of Vice-Chairs from among its full members in separate ballots. The number of Vice- Chairs to be elected shall be determined by Parliament upon a proposal by the Conference of Presidents. The diversity of Parliament must be reflected in the composition of the bureau of each committee; it shall not be permissible to have an . The Chair and the first Vice- Chair of a committee shall be of different genders. Gender balance shall male or all femalso apply to the other members of the bBureau or for all of the Vice-Chai.. It shall not be permissible for all bureau members to come from the same Member State.
Amendment 25 #
2021/2039(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
— having regard to the study "Gender mainstreaming in the European Parliament: State of play" prepared by European Parliamentary Research Service of the European Parliament,
Amendment 34 #
2021/2039(INI)
Motion for a resolution
Recital A
Recital A
A. whereas gender mainstreaming is a widely recognised strategy to ensure gender equality by integrating gender perspective into all policies, programmes and measures, with a view to promoting gender equality and combating discrimination;
Amendment 37 #
2021/2039(INI)
A a. whereas there is progress regarding gender equality in some areas, but still a lot of room for improvement, with fragmented implementation of gender mainstreaming across policy areas and institutions at EU and national levels;
Amendment 38 #
2021/2039(INI)
Motion for a resolution
Recital B
Recital B
B. whereas gender discrimination often intersects with other types of discriminationdiscrimination on other grounds, leading to multiple and compounding discrimination against specific groups, as well as particular types of discrimination due to several intersecting grounds;
Amendment 41 #
2021/2039(INI)
Motion for a resolution
Recital C
Recital C
C. whereas gender mainstreaming measures include, among others, quotas, work-life balance measures, anti- harassment policies and gender impact assessments, gender responsive recruitment procedures, gender impact assessments to adopt gender responsive legislation, the use of gender neutral language and communicating in a gender responsive manner;
Amendment 47 #
2021/2039(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the OECD defines gender balance as ‘an equitable distribution of life's opportunities and resources between women and men, and/or the equal representation of women and men’;
Amendment 48 #
2021/2039(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the EIGE defines horizontal segregation as the ‘concentration of women and men in different sectors and occupations’;
Amendment 49 #
2021/2039(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the progress in addressing sexual harassment after three years of the #MeToo movement is not sufficient and there is still a lot to be done, within the European institutions and beyond; whereas research shows that harassment is more widespread than commonly believed and is significantly underreported;
Amendment 54 #
2021/2039(INI)
Motion for a resolution
Recital E
Recital E
E. whereas gender-responsive budgeting consists ofis not just about funding explicit gender equality initiatives, but also about understanding the impact of budgetary and policy decisions on gender equality and adjusting public expenditure and revenue accordingly;
Amendment 58 #
2021/2039(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas in the hearings organised by most of Parliament committees since the beginning of this term until November 2020, the presence of women is below 50%; whereas in committees such as AGRI, PECH, PETI or EMPL the proportion is below 25%;
Amendment 66 #
2021/2039(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reaffirms its strong commitment to gender equality and endorses gender mainstreaming as one of its official policy approaches to ensure it; stresses that gender equality is a joint responsibility, requiring action by all EU institutions, Member States and EU agencies, in partnership with civil society and women’s organisations, social partners and the private sector;
Amendment 74 #
2021/2039(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that measures to ensure gender equality need to incorporate an intersectional approach with the aim of leaving no one behind and eliminating all forms of discrimination including intersecting forms;
Amendment 76 #
2021/2039(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the increasing number of women involved in politics, but stresses that we are far from reaching gender parity; in that area and that women with a public profile, such as politicians and activists, are often the target of harassment with the intention of discouraging their presence in public life and decision- making spheres; stresses that no feminist legislation and policies can be designed without the presence of women in decision-making;
Amendment 83 #
2021/2039(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the lack of data on gender mainstreaming within the EU institutions beyond data on the number of women in different positions, therefore, commits to collect qualitative indicators on gender equality and additional gender disaggregated data in order to continue the improvement of gender equality;
Amendment 86 #
2021/2039(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes EIGE’s ‘Gender sensitive parliaments toolkit’ that focuses in five key areas to be addressed, namely, equal opportunities to enter the parliament, equal opportunities to influence the parliament’s working procedures, adequate space on the parliamentary agenda for women’s interests and concerns, producing gender- sensitive legislation and compliance with the symbolic function of the parliament;
Amendment 88 #
2021/2039(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the adoption of gender action plans by all Parliament committees; notes, however, the lack of monitoring and implementation of these plans; calls therefore on the Committees to monitor their Gender Action Plans in order to measure their progress and ensure their implementation;
Amendment 92 #
2021/2039(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the adoption of a gender action plan in July 2020 and a roadmap for its implementation in April 2021; regrets, however,new provision of the Rules of Procedure of the Parliament adopted in 2019 that established the obligation to adopt a gender action plan aimed at incorporating a gender perspective in all Parliament’s activities, at all levels and all stages; welcomes the adoption of a gender action plan in July 2020 and a roadmap for its implementation in April 2021; requests to prepare regular monitoring reports of the progress made in implementing it; regrets that the Gender Action Plan and the Roadmap are not publicly available and that most of the measures included are formulated as principles without clear targets and obligations, which indicates the lack of political engagement in their implementation;
Amendment 99 #
2021/2039(INI)
7. INotes that the percentage of women MEPs has slightly decreased since the end of last term from about 39.6% to 39.1%; nevertheless, welcomes the progress in female political representation in the Parliament, which is higher than the EU average of 30.4% female members within Member States’ national parliaments and significantly higher than the worldwide average for parliaments of 25.2%; welcomes that some Member States and political parties have introduced rules to ensure gender balance in their electoral lists and insists on the need to introduce binding quotas in the upcoming revision of the EU electoral law;
Amendment 105 #
2021/2039(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that in order to ensure the presence of women candidates, internal party organisation and procedures must be gender responsive by including measures such as explicitly addressing gender equality in party rules, establishing gender quotas for decision- making roles, or the existence of well- functioning forums for lobbying, advocacy and discussion, such as women’s wings and/or committees;
Amendment 108 #
2021/2039(INI)
8. Regrets the lack of gender- responsive recruitment procedures in Parliament which would avoid discrimination and increase the presence of women in areas where women are underrepresented in the administration and political groups;
Amendment 114 #
2021/2039(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. CWelcomes the fully gender- balanced Bureau of the Parliament with eight female Vice-Presidents out of 14 and two female Quaestors out of five; notes however, that only three out of seven political groups of the Parliament have women as chairs or co-chairs, 11 of the 27 committees are currently chaired by a woman and 13 out of the 44 delegation chairs are women; calls for gender balance in the leadership of committees, delegations and political groups to be improved; welcomes the amendment to Rule 213(1) of Parliament’s Rules of Procedure requiring the bureau of each committee to be gender- balanced; however, regrets that this amendment will enter into force only at the opening of the first part-session following the next elections to the European Parliament due to be held in 2024;
Amendment 122 #
2021/2039(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for gender balance to be ensured at all levels of plenary, committee and delegation work, including when appointing coordinators, rapporteurs and shadow rapporteurs and when distributing speaking time; calls to amend Parliament’s Rules of Procedure accordingly; highlights the need to ensure that parity is respected especially with regard to the governance of co-chaired bodies and the distribution of shared responsibilities such as co-rapporteurs or co-shadow-rapporteurs;
Amendment 125 #
2021/2039(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Requests that measures to tackle horizontal segregation are put in place to ensure gender balance in the participation of Members in different Committees and to put an end to the gendered concentration in portfolios, with areas with a higher presence of women being less valued;
Amendment 131 #
2021/2039(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the political groups to establish internal rules ensuring gender equality in their internal functioning especially regarding appointments, distribution of roles and responsibilities;
Amendment 133 #
2021/2039(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the relevant Directorates- General to ensure that the selection of authors of studies is gender balanced;
Amendment 135 #
2021/2039(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that despite all the progress and efforts made, gender equality at all management levels of Parliament’s administration has not yet been achieved; welcomes the fact that at directors level the parity is reached, but regrets that at the Directors-General level women represent only 23,1% and at Heads of Unit level - 39.3%; commends in this regard the target of the administration of the Parliament to have 50% women in middle and senior manager positions and 40% women in top manager positions in the administration by 2024; calls for women to be prioritised for recruitment when they are under- represented and the respective merits of the candidates are equal; calls for mentorship programmes to be implemented;
Amendment 145 #
2021/2039(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses that harassment, experienced in a work place, constitutes a serious attack on a person’s psychological and physical health, making them feel insecure at work or in some cases preventing them from doing their work; notes that women are far more likely to be exposed to sexual harassment than men;
Amendment 146 #
2021/2039(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Considers that, despite all efforts taken so far to ensure zero-harassment policy, there are still cases of sexual harassment in the Parliament and efforts with regard to prevention of sexual harassment should increase;
Amendment 152 #
2021/2039(INI)
Motion for a resolution
Paragraph 14 – point c
Paragraph 14 – point c
c. recompose the anti-harassment bodies to ensure gender balance and independence by includeing external legal, medical and therapeutic experts in the domain of harassment with full voting rights;
Amendment 158 #
2021/2039(INI)
Motion for a resolution
Paragraph 14 – point d a (new)
Paragraph 14 – point d a (new)
d a. introduce compulsory training for all people working in Parliament’s premises on a regular basis about zero- harassment policy, providing them with tools to recognise all forms of harassment, including particularly sexual harassment and report it, as well as with tailored information about available support structures;
Amendment 160 #
2021/2039(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Commits to guaranteeing a good work-life balance for Members, group staff, accredited parliamentary assistants and administrative staff such as by adopting work-life balance friendly working hours and engage with the Commission and the Council to establish a common solution for meetings involving the three institutions;
Amendment 164 #
2021/2039(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Demands in particular that maternity, paternity and parental leave are recognised for Members of the Parliament through an amendment to the Statute for Members of the European Parliament;
Amendment 165 #
2021/2039(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Requests, in addition, to maintain the possibility of remote voting for Members on leave;
Amendment 176 #
2021/2039(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the work of the Committee on Women’s Rights and Gender Equality, the High-Level Group on Gender Equality and Diversity and the Gender Mainstreaming Network as leading bodies in ensuring gender mainstreaming in Parliament; calls for a closer and more structured cooperation between these bodies through regular meetings to share information and to issue joint thematic reports;
Amendment 178 #
2021/2039(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Welcomes a new initiative of the Conference of Delegation Chairs to invite all delegations to appoint members in charge of gender mainstreaming and commends the cooperation of the Gender Mainstreaming Network of Committees and of Delegations;
Amendment 182 #
2021/2039(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the institutionalisation of the Gender Mainstreaming Network in the Rules of Procedure, making it possible for the network to take decisions and have a budget with the aim of promoting gender mainstreaming in the activities of the parliamentary committees and delegations;
Amendment 186 #
2021/2039(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. CWelcomes the training organised by EIGE for Members of the Parliament about gender impact assessments and gender budgeting, which was tailored for the Parliament; commits to working more closely with the European Institute for Gender Equality to deliver regular training on gender mainstreaming for Members, group staff, parliamentary assistants and staff of committee secretariats;
Amendment 190 #
2021/2039(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Welcomes the commitment in the Roadmap to collect, through the relevant services and bodies, clear indicators to measure if the input from FEMM committee has been incorporated in the final position of the Parliament; notes that the inclusion of FEMM’s suggestions in the form of opinions or amendments varies among other committees;
Amendment 195 #
2021/2039(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Commits to modifying the Rules of Procedure to include a specific procedure for gender mainstreaming amendments; requests, in the context of own-initiative reports, to ensure sufficient time between the draft report of the leading committee is available and the vote in committee in order to allow FEMM committee to produce its position in the form of amendments to the draft report;
Amendment 201 #
2021/2039(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for all missions of the committees and delegations to be gender- balanced and for the gender equality and women’s rights dimension to be examined; calls, in addition, to include meetings with organisations promoting gender equality in mission programmes;
Amendment 205 #
2021/2039(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the commitment in the gender action plan roadmap to ensure that all Committees and other bodies organising hearings, workshops and conferences include gender-balanced panels and experts competent to examine the gender equality and women’s rights dimension in the specific area of focus; asks for clear targets to implement this provision;
Amendment 209 #
2021/2039(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Praises the initiative of Gender Equality Week, which took place for the first time in 2020 in the Parliament; welcomes the continuation of this successful initiative and calls for all bodies of the Parliament to join and contribute to this initiative;
Amendment 212 #
2021/2039(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Asks the relevant bodiGender Mainstreaming Network, the High Level Group on Gender Equality and Diversity and FEMM, BUDG and CONT Committees to develop and adopt dedicated guidelines to implement gender mainstreaming and gender budgeting;
Amendment 215 #
2021/2039(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Welcomes the translation of the Gender-Neutral Language guidelines into all EU official languages; regrets the lack of implementation and asks for additional raising-awareness actions and specific trainings for Parliament’s lawyer- linguists; requests a regular revision of the guidelines and their translations, in order to guarantee that they reflect developments in the languages and remain accurate;
Amendment 222 #
2021/2039(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Asks the Commission to carry out a gender impact assessment for each legislative proposalRegrets that gender impacts are rarely addressed as part of the Commission’s impact assessments and that the Commission’s impact assessment guidelines for the 2021-2027 MFF recommend that gender equality should be taken into account in policy-making, only when it is “proportionate” to do so; asks the Commission to change their approach, carry out a gender impact assessment for each legislative proposal and include explicitly gender-related objectives and performance indicators in the proposal thereof; commits to carrying out a gender impact assessment for each own initiative legislative report with the aim of including the gender perspective;
Amendment 229 #
2021/2039(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Regrets that, overall, gender mainstreaming has not yet been applied across the EU budget and the contribution of the budget to achieving gender equality has not been adequately monitored; commends achievements of negotiators of the Parliament to include the gender mainstreaming aspects as horizontal principles within the 2021-2027 Multiannual Financial Framework; welcomes, in particular, the commitment by the Commission to put in place a methodology to measure the relevant expenditure at programme level in the 2021-2027 MFF at the latest by the end of 2022; calls on the Commission to improve accountability and budgetary transparency and to apply the new methodology to all EU funding programmes;
Amendment 235 #
2021/2039(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the fact thatat the general objective of mitigating the social and economic impact of the COVID-19 crisis, in particular on women, was included as aand the requirement to include an explanation of how the measures in the national recovery and resilience plans are expected to contribute to genderal objective of equality were included in the Recovery and Resilience Facility; calls on the Commission to closely monitor this provision Regulation; regrets, however, that the call of the FEMM committee to include a specific chapter on gender equality in national plans was not included; calls, therefore, on the Commission to closely monitor the existing provisions linked to gender equality and to include relevant indicators in the recovery and resilience scoreboard to monitor the impact of national plans on gender equality;
Amendment 237 #
2021/2039(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls on the Commission to evaluate the proposed measures included in Member States’ recovery and resilience plans and report on the results achieved in terms of gender equality, including the amount of funds allocated and spent to support gender equality;
Amendment 239 #
2021/2039(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Regrets that several EU funding programmes with significant potential to contribute to gender equality such as ESI funds, CAP or Erasmus did not take gender equality effectively into account;
Amendment 241 #
2021/2039(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to strengthen the institutional framework for supporting gender mainstreaming and to translate its commitment to gender mainstreaming into specific actions; asks the Commission to adopt an implementation plan for gender mainstreaming in each policy area;
Amendment 243 #
2021/2039(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Regrets that the Commission has no fully fledged strategy for gender mainstreaming training, offering only a single, non-mandatory introductory course to its staff; urges the Commission to develop a training strategy on gender mainstreaming, ensure that training is available to all staff and make full use of EIGE’s tools and expertise on gender mainstreaming;
Amendment 244 #
2021/2039(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to systematically disaggregate data by gender upon collection and take the gender dimension into account when evaluating and reporting on EU programmes; calls on the Commission to include in upcoming legislative proposals the requirement to systematically collect gender- disaggregated data and relevant gender equality indicators for all programmes and include gender responsive monitoring and evaluation requirements;
Amendment 249 #
2021/2039(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Regrets the lack of commitment of the Council to deliver legislation with a gender perspective and reiterates its requests to unblock the EU ratification of the Istanbul Convention, the horizontal anti- discrimination directive, which will ensure that the intersectional dimension is taken into account when combating gender discrimination, and the women on boards directive;
Amendment 252 #
2021/2039(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Urges the Member States to fully transpose and implement the Work-Life Balance Directive and calls on the Commission to monitor it effectively;
Amendment 256 #
2021/2039(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Reiterates its call on the Council and the European Council to establish a Council configuration on gender equality in order to strengthen gender mainstreaming across all EU policies and legislation, develop dialogue and cooperation between Member States, exchange best practices and legislation, unblock the negotiations on the main files related to gender equality, deliver common responses to EU-wide problems and ensure that gender equality issues are discussed at the highest political level;
Amendment 264 #
2021/2039(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Stresses that a gender-sensitive parliament is aware and pays attention to the symbolic meanings conveyed within and by the institution through its communications strategy and the design of physical spaces; requests to step up its efforts in these areas;
Amendment 265 #
2021/2039(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Requests that concrete targets to ensure gender balance when naming and renaming buildings, rooms and other physical spaces of the European Parliament be adopted;
Amendment 269 #
2021/2039(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. Welcomes the commitment in the Roadmap to carry out an analysis of the spaces dedicated to childcare in Parliament’s premises, including breastfeeding spaces, and requests a commitment to redesign them where appropriate;
Amendment 272 #
2021/2039(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Requests that an analysis of the distribution and design of Parliament’s toilets to assess the need to adapt them to the requirements of all genders be carried out, including through measures such as the introduction of gender neutral toilets and increasing the number of toilets with individual trashcans and sinks to facilitate the use of menstrual cups and other sanitary products;
Amendment 275 #
2021/2039(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Asks for its communication strategy to be revised, including through measures such as revising Parliament’s website to include a specific section on gender equality; in the home menu, include relevant information about key files, such as the process of ratification of the Istanbul Convention by the EU, update the information on the Parliament’s history and composition from the gender point of view, or establishing a protocol to mourn victims of femicide;
Amendment 279 #
2021/2039(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Reiterates its call for an audit to be carried out to map the current situation in terms of gender equality and gender mainstreaming and make recommendations in both the political and the administrative sides of Parliament’s activities; suggests that this audit should cover all the areas and indicators developed in the European Institute for Gender Equality’s “Gender-sensitive parliaments toolkit” and identify the rules that facilitate or block gender equality in each aspect analysed with the aim of updating Parliament’s Gender Action Plan and its roadmap;
Amendment 281 #
2021/2039(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Points that some areas covered by the Gender Action Plan and its roadmap are inherently linked to the political organisation of the groups and therefore need a political deliberation involving all groups;
Amendment 284 #
2021/2039(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls for the establishment of a working group composed of representatives of each political group and chaired by the gender mainstreaming standing rapporteurs of Parliament to steer the work in that area, implement this resolution and coordinate with the High Level Group on Gender Equality and Diversity, the EP Bureau, the FEMM committee, the Gender Mainstreaming Network and the Conference of Presidents, where relevant;
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 5 #
2021/2035(INL)
Motion for a resolution
Citation 3
Citation 3
– having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 1, 2, 3, 4, 6, 7, 8, 10, 11, 12, 21, 23, 24, 25, 26, 47 and 479 thereof,
Amendment 7 #
2021/2035(INL)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the country- monitoring reports by the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO),
Amendment 18 #
2021/2035(INL)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– having regard to General recommendation No. 33 on women’s access to justice of 3 August 2015 of the Committee on the Elimination of Discrimination against Women,
Amendment 20 #
2021/2035(INL)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
– having regard to General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19, of 14 July 2017 of the Committee on the Elimination of Discrimination against Women,
Amendment 22 #
2021/2035(INL)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to the report by European Union Agency for Fundamental Rights entitled ‘Crime, safety and victims’ rights’, published in 2021,
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 38 #
2021/2035(INL)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the Council Conclusions on Women, Peace and Security, published on 10 December 2018,
Amendment 43 #
2021/2035(INL)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
– having regard to the Commission communication ‘A Union of Equality: Gender Equality Strategy 2020-2025’,
Amendment 48 #
2021/2035(INL)
Motion for a resolution
Citation 15 c (new)
Citation 15 c (new)
– having regard to the Commission communication ‘EU Strategy on victims' rights (2020-2025)’,
Amendment 51 #
2021/2035(INL)
Motion for a resolution
Citation 15 d (new)
Citation 15 d (new)
– having regard to the Commission communication ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’,
Amendment 52 #
2021/2035(INL)
Motion for a resolution
Citation 15 e (new)
Citation 15 e (new)
– having regard to the Commission communication ‘EU strategy on the rights of the child’,
Amendment 54 #
2021/2035(INL)
Motion for a resolution
Recital A
Recital A
A. whereas equality between women and men is a core value of the Union enshrined in Article 2 of the Treaty on European Union (TEU); whereas the right to equal treatment and non- discrimination is a fundamental right enshrined in the Treaties and in the Charter of Fundamental Rights; whereas ending male violence against women and girls is a prerequisite to achieving real equality between women and men;
Amendment 71 #
2021/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas gender-based violence is violence directed against women because they are women and ior that affects women disproportionately; whereas LGBTI persons are also victims of gender-based violence because of their gender, gender identity, gender expression and sex characteristics; whereas gender-based violence is rooted in gender stereotypes, patriarchal structures and power asymmetries;
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 86 #
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 femicide can take several forms, such as the murder of women as a result of intimate partner violence, killing of women and girls because of their sexual orientation, sex characteristics and gender identity and genital mutilation related deaths;
Amendment 89 #
2021/2035(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, according to EIGE, secondary victimisation, also known as re- victimisation, ‘occurs when the victim suffers further harm not as a direct result of the criminal act but due to the manner in which institutions and other individuals deal with the victim’; whereas ‘secondary victimisation may be caused, for instance, by repeated exposure of the victim to the perpetrator, repeated interrogation about the same facts, the use of inappropriate language or insensitive comments made by all those who come into contact with victims’;
Amendment 92 #
2021/2035(INL)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas gender-based violence against LGBTI persons includes physical violence, psychological violence, forced marriages, sexual violence, including “corrective” rape and sexual harassment, female and intersex genital mutilations, forced sterilisation of trans and intersex people, so-called “honour” crimes, conversion therapy, hate speech both online and offline, bullying and harassment, socio-economic deprivation and violence that occurs within the family and/or domestic unit because of victims gender identity, gender expression and sex characteristics; whereas gender-based violence targets women in all their diversity and LGBTI people, driven by a desire to punish those seen as transgressing societal norms of gender hierarchies, gender expression, and binary gender systems; whereas gender- based violence aims at establishing, enforcing or perpetuating gender inequalities and reinforce gender norms and stereotypes;
Amendment 94 #
2021/2035(INL)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas violence against women and girls is one of the most widespread violation of women’s rights in Europe; whereas one in three women in the EU, which represents 62 million women, has experienced physical and/or sexual violence since the age of 15; whereas the WHO reports that worldwide, almost one third (27%) of women aged 15-49 years who have been in a relationship report that they have been subjected to some form of physical and/or sexual violence by their intimate partner; whereas the WHO reports that globally as many as 38 % of all murders of women are committed by intimate partners;
Amendment 95 #
2021/2035(INL)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas exposure to intimate partner violence, whether physical, sexual or psychological, has a severe impact on children and perpetuates abuse to future generations as children who witness intimate partner violence against their mother or one of their parents are more likely to experience such violence in later life – both as victims and as perpetrators; whereas legislation protecting the dignity of the child and recognising also the child as a victim in these cases play a crucial role in protecting both woman and child victims; whereas custody laws must be designed in a way that does not give custody rights to perpetrators of intimate partner violence;
Amendment 97 #
2021/2035(INL)
Motion for a resolution
Recital E
Recital E
E. whereas there is a lack of comprehensive and comparable disaggregated data on all forms of gender- based violence; whereas the lack of comparable data is also the result of a lack of harmonisation in the definitions linked to gender-based violence; whereas comprehensive and comparable disaggregated data is essential to document gender-based violence and its root causes;
Amendment 101 #
2021/2035(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas gender-based violence towards women and girls in all their diversity, in particular intimate partner violence, has dramatically increased during the COVID-19 pandemic; whereas lockdown measures made it more difficult for victims of intimate partner violence to seek help as they are often confined with their abusers, and have limited access to support services, and insufficient support structures and resources have exacerbated an already existing ‘shadow’ pandemic;
Amendment 107 #
2021/2035(INL)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas gender-based violence may be perpetuated by persons in positions of authority, while placed in custodial settings such as prisons, mental health facilities, detention centres, welfare facilities and refugee camps; whereas situations of overcrowding, high levels of stress and lack of privacy may also lead to gender-based violence;
Amendment 108 #
2021/2035(INL)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas gender-based violence continues to be underreported in the EU; whereas two thirds of victims do not report to the authorities; whereas by equipping police officers with the soft skills to carefully listen, understand and respect all women who have experienced gender-based violence, they can help address underreporting, re-victimisation and create a safer environment for survivors of gender-based violence; whereas ensuring affordable and safe access to an independent justice system is indispensable to promote a safer environment for all survivors of gender- based violence;
Amendment 109 #
2021/2035(INL)
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas in all Member States the conviction rates for perpetrators of violence against women, and in particular sexual violence including rape and sexual assault, are unacceptably low, showing that there are systematic deficiencies in the way law enforcement addresses gender-based violence, and whereas this in turn results in a widespread culture of impunity and signals to women and other victims of gender-based violence that reporting crimes to the police does not serve much purpose;
Amendment 110 #
2021/2035(INL)
Motion for a resolution
Recital E e (new)
Recital E e (new)
Ee. whereas sexual violence is part of a continuum of gender-based discrimination and violence closely intertwined with persistent inequalities and broader attacks on gender equality, women’s and girls’ human rights;
Amendment 111 #
2021/2035(INL)
Motion for a resolution
Recital E f (new)
Recital E f (new)
Ef. whereas the Istanbul Convention is the most comprehensive instrument in Europe to combat specific forms of male violence against women and girls, as well as domestic violence; whereas it establishes a comprehensive framework of legal and policy measures for preventing such violence, supporting victims and punishing perpetrators; whereas Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia have not ratified the Istanbul Convention yet; whereas Poland announced its intention to withdraw; whereas Turkey’s withdrawal from the Istanbul Convention sets a bad precedent;
Amendment 112 #
2021/2035(INL)
Motion for a resolution
Recital E g (new)
Recital E g (new)
Eg. whereas women and girls in Europe and other victims of gender-based violence do not benefit from the same level of protection against violence in function of where they live, due to a lack of coherence in legislation, protection and prevention mechanisms between EU countries;
Amendment 117 #
2021/2035(INL)
Motion for a resolution
Recital F
Recital F
F. whereas Union action aiming to eradicate violence against women and girls and other forms of gender-based violence demands that the Commission pursue several parallel avenues including proposing the extension of Eurocrimes to gender-based violence and at the same time proposing a Directive on gender- based violence using Article 83(1) TFEU as a legal basis;
Amendment 132 #
2021/2035(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns all forms of violence against women and girls and other forms of gender-based violence, such as violence against LGBTI persons on the grounds of gender, gender identity, gender expression or sex characteristics , 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 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 157 #
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 by men as well as violence directed towards LGBTI people; underlines that this situation is aggravated by social and economic inequalities that led to pay and pension gaps, the feminization of precarious work and more precarious living conditions for women;
Amendment 162 #
2021/2035(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the #MeToo movement, which symbolises the voice of women breaking the wall of silence that surrounds sexual harassment and sexual violence against women in all their diversity across all ages, sectors and places; denounces the fact that in some countries victims of sexual harassment and sexual violence are increasingly being charged and even convicted of defamation, thus creating a chilling effect, re-victimising and silencing the women who dare to speak out;
Amendment 166 #
2021/2035(INL)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines that the eradication of gender-based violence requires an approach where criminal law measures are only one dimension, and where the major focus must be on different comprehensive strategies to combat gender discrimination, empowering and supporting victims, and strengthening social and economic autonomy for women and other victims of gender-based violence;
Amendment 170 #
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 stress, concentration problems, anxiety, panic attacks, low self- esteem, depression, post- traumatic stress disorder, lack of trust and of sense of control, as well as fear or even suicidal thoughts; recalls that gender- based violence also has ademocratic, social and economic impacts, such as the loss of jobs or the withdrawal from public life, which reinforce the disadvantaged position of women; stresses that gender-based violence is exercised as a form of coercive control over women which prevents their full civic participation and the free development of their lives;
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 186 #
2021/2035(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the Council of Europe Convention on preventing and combating violence against women and domestic violence (the ‘Istanbul Convention’) remains the international standard and a key tool for the eradication of gender- based violence by following a holistic and coordinated approach that places the rights of the victim at the centre and addresses the issues from a wide range of perspectives; stresses the need for all Member States in the EU to ratify the Istanbul Convention and to fully implement all its provisions as well as the need for the EU to access the Convention; notes with concerns the attempts in some Member States to promote campaigns against the Istanbul Convention which deny the existence of gender-based violence;
Amendment 196 #
2021/2035(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Denounces the fact that the combat against gender-based violence is negatively affected by the attack on women’s rights and gender equality; condemns the actions of anti-gender and anti-women movements in Europe and worldwide that aim to overturn existing laws on women’s rights and LGBTI+ rights; systematically attack women’s and LGBTI+ rights, including sexual and reproductive rights, and aim to overturn existing laws that protect them; urges the Commission to ensure that all civil society organisations that receive EU financial support do not promote gender discrimination;
Amendment 203 #
2021/2035(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to increase and secure long-term funding dedicated to prevent and combat violence against women and girls and other forms of gender-based violence through the Citizens, Equality, Rights and Values Programme, including support for shelter organisations and other civil society organisations working in this area; reiterates the importance of using benchmarks and indicators to measure progress;
Amendment 207 #
2021/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists on actions to prevent gender- based violence by addressing the underlying causes, including counteracting sexism, genderpatriarchal gender norms, stereotypes and patriarchal values; underlines the need for gender equality to have a central place in education and the need for awareness- raising campaigns, including comprehensive sexuality education, feminist self-defence training, and more general actions to combat segregation, gender inequality and discrimination; welcomes the Commission’s commitment in the Gender Equality Strategy affirming that “educating boys and girls from an early age about gender equality and supporting the development of non-violent relationships” is key for effective prevention;
Amendment 220 #
2021/2035(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that the attack against women’s rights and gender equality is often one dimension of a broader deterioration in the situation of democracy, the rule of law and fundamental rights, and therefore calls on the Commission and the Council to consider women's and LGBTI+ rights violations in the context of ongoing Article 7 TEU proceedings;
Amendment 230 #
2021/2035(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to improve the regular availability and comparability of quality, disaggregated data on all forms of gender- based violence through cooperation with Eurostat, the European Union Agency for Fundamental Rights and the European Institute for Gender Equality; stresses that in order to increase our understanding of gender-based violence, it is necessary to ensure that at least the following categories are included in the data collection, already at the level of law enforcement intervention: a) gender of the victim, b) gender of the perpetrator, c) relationship between victim and perpetrator, d) existence of a sexual violence dimension, e) does the violence have a gendered motivation;
Amendment 240 #
2021/2035(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the need for targeted policies with an intersectional approach to address the situation of survivors who experience intersectional forms of discrimination, such as women refugees, asylum seekers and migrants, indigenous women, racialised women, women from religious and ethnic minorities, lesbian, bisexual and trans women, eolderly women and, women with disabilities and women in poverty;
Amendment 246 #
2021/2035(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that gender-based violence is a serious violation of human rights and dignity that can take the form of psychological, physical, sexual and economic violence, and includes, among other, femicide, intra partner violence, sexual harassment, cyber violence, stalking, rape, early and forced marriage, female genital mutilation (FGM), crimes committed in the name of so-called ‘honour’, forced abortion, forced sterilisation, sexual exploitation and human trafficking, institutional violence, second order violence, vicarious violence and secondary victimisation;
Amendment 249 #
2021/2035(INL)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
Amendment 250 #
2021/2035(INL)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Recalls that human trafficking and sexual exploitation is a form of gender-based violence against women and girls and stresses the importance of a gender sensitive approach to human trafficking;
Amendment 255 #
2021/2035(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that violations of sexual and reproductive rights, including sexual violence, reproductive coercion and specifically denial of abortion care, gynaecologic and obstetrical violence and harmful practices, are a form of gender- based violence against women and girls, and stresses that the ECtHR has ruled on several occasions that restrictive abortion laws and lack of implementation violates the human rights of women;
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 260 #
2021/2035(INL)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Deplores the structural deficiencies in the law enforcement system, which results in unacceptably low conviction rates in cases of gender-based violence against women and girls, and a de facto impunity for perpetrators; calls on all Member States to amend the definition of sexual violence and rape in their national legislation so that it is based on the absence of consent, as laid down in the Istanbul Convention;
Amendment 265 #
2021/2035(INL)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Recalls that cyberviolence is recognised as a form of gender-based violence against women and girls, and that gender-based cyberviolence is a continuum of and inseparable from offline violence, as they are both interlinked and are the result of a structural discrimination against women in all spheres; is concerned about the fact that the voices and participation of women as active digital citizens are often censured by gender-based cyber violence, and that this chilling effect is often spilled over into reality;
Amendment 268 #
2021/2035(INL)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Stresses that women with a public profile, such as activists, artists, journalists or politicians, are often the target of gender-based cyber violence with the aim of limiting their full participation in public life and, as a result, degrading our democracies;
Amendment 276 #
2021/2035(INL)
11. Notes that the Commission must address the particular situation of migrant women’s protection against gender-based violence, in particular dependency of residence status of the victim of intra partner violence on cohabitation and marital status, and recalls that under Directive 2012/29/EU of the European Parliament and of the Council6 access to appropriate protection, support services and effective remedies must be available to all victims of gender-based violence, independent of their residence status; _________________ 6 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).
Amendment 279 #
2021/2035(INL)
11a. Underlines that the current wave of repressive migration and refugee laws in Europe increases the vulnerability of migrant and refugee women, the consequences of which include increased exposure to gender-based violence while on the move, unsafe reception conditions and forced deportation among others, due to a lack of enforcement of their rights, protection measures and access to justice for migrants in the EU;
Amendment 281 #
2021/2035(INL)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Underlines that women and girls with disabilities are two to five times more likely to experience various forms of violence, highlights that the EU is obliged, as a party to the CRPD, to take measures to ensure the full and equal enjoyment by women and girls with disabilities of all human rights and fundamental freedoms, notes that the Committee on the Rights of Persons with Disabilities recommended in 2015 that the EU should advance its efforts in this direction, inter alia through ratification of the Istanbul Convention;
Amendment 282 #
2021/2035(INL)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Stresses that Muslim women, and in particular, those wearing religious clothing, are disproportionately impacted by gender-based violence, in particular, in the public space, at the workplace and online; highlights that gender-based violence against Muslim women should be addressed with an intersectional approach which takes into account discrimination on the grounds of gender in combination with discrimination on the grounds of religion and ethnicity;
Amendment 283 #
2021/2035(INL)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Condemns the phenomena of secondary violence which is the physical or psychological violence, reprisals, humiliations and persecution exercised against people who support victims of gender-based violence; stresses that these acts hamper the prevention, detection, support and recovery of women in situations of gender-based violence;
Amendment 284 #
2021/2035(INL)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Denounces that children of perpetrators of intimate partner violence are often the object of ill-treatment as a way to exercise power and violence against the mother, a phenomenon known as vicarious violence and a form of gender-based violence;
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 290 #
2021/2035(INL)
12a. Calls on the Member States to comply with the Istanbul convention by providing protective and supportive measures for women based on a gendered understanding of violence against women and intra partner violence and that focus on the human rights and safety of the victim, thus avoiding institutional violence inflicted on victims because of laws, administrative or enforcement practices that are insensitive to gender considerations and/or lack sufficient knowledge and appropriate procedures, which can lead to impunity for perpetrators as well as re-victimisation;
Amendment 291 #
2021/2035(INL)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on Member States to ensure that also children are considered victims of gender-based violence in cases of intimate partner violence, and that their dignity and safety is paramount; welcomes, in this respect, laws that criminalise exposing a child to violence in close relationships; furthermore calls on Member States to make sure that custody laws are in line with this principle, as to not accord custody rights to the parent perpetrator of intimate partners violence;
Amendment 296 #
2021/2035(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the obligation on Member States to permanently ensure that there is support and services for survivors of gender-based violence adapted to the specific needs of each type of gender- based violence; recalls the importance, in that context, of support to independent civil society and women’s shelter organisations, who are the ones with the know-how needed to ensure feminist and non- paternalistic protection, ensure support throughout all stages of the reparation processes, and enforce the right to information; calls on Member States to guarantee access for victims to support services and essential services, including sexual and reproductive health services, also in rural areas; firmly supports the availability of public services in any step of the victims’ support;
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 303 #
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 justian independent judicial system is physically, economically, socially and culturally available to all survivors of gender-based violence, 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;
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 309 #
2021/2035(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to improve the resources and training of practitioners, law enforcement officers, including judges, public prosecutors and forensic experts, and all professionals dealing with victims of gender-based violence, including the possibility of establishing specialised courts for that purpose; calls on Members States to ensure that victims have the right to state-funded legal aid before and during legal proceedings;
Amendment 314 #
2021/2035(INL)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underlines that the failure to address the lack of trust and confidence in the law enforcement authorities and in the judicial system by survivors of gender- based violence is an important contributor for underreporting; is convinced that equipping police officers and judges with increased knowledge, and soft skills to carefully listen, understand and respect all survivors of gender-based violence will contribute to address underreporting, re- victimisation and create a safer environment for survivors of gender- based violence; urges the Commission and the Member States to step up efforts in this direction;
Amendment 316 #
2021/2035(INL)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on all Member States to fully comply with the Istanbul convention, adopting treatment programmes addressed to perpetrators of gender-based violence and domestic violence aimed at preventing further violence, providing insights regarding the destructive gender norms, asymmetric power relations and values underpinning gender-based violence and ensuring that the safety and the human rights of victims are the primary concern;
Amendment 317 #
2021/2035(INL)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Stresses the importance of ensuring access to justice for all survivors of conflict-related gender-based violence, including access to quality legal assistance, and the full accountability for perpetrators of all gender-based conflict- related crimes against women and girls, as well as men and boys, by activating the legal procedures at national, regional and international levels, notably also through the Rome Statute and ICC;
Amendment 318 #
2021/2035(INL)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Calls on the Member States to fully implement Directive 2011/99/EU on European Protection order, Directive 2012/29/EU on protection of victims, as well as Directive 2011/36/EU on preventing and combating trafficking in human beings;
Amendment 319 #
2021/2035(INL)
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15e. Underlines that the absence of EU legislation to combat gender-based violence and the disparities in Member States’ national legislation lead to different levels of protection for survivors;
Amendment 320 #
2021/2035(INL)
Motion for a resolution
Paragraph 15 f (new)
Paragraph 15 f (new)
15f. Welcomes the Commission’s commitment to come up with a proposal in 2021 for a holistic Directive to prevent and combat all forms of gender-based violence to implement the standards of the Istanbul Convention,; reiterates its call on the European Union to ratify the Istanbul Convention which is complementary to the adoption of such a directive; recalls in addition the commitment of the President of the Commission to extend the areas of crime to encompass specific forms of gender-based violence in accordance with Article 83(1) TFEU;
Amendment 321 #
2021/2035(INL)
Motion for a resolution
Paragraph 15 g (new)
Paragraph 15 g (new)
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 344 #
2021/2035(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the special need to combat violence against women and girls 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 as well as on the key issues of prevention, under-reporting, victim’s protection, support and reparation, and the prosecution of perpetrators, where Member States approaches and level of commitment varies significantly;
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 365 #
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 CEDAW and includes the following elements: prevention measures, including through gender-sensitive education programming directed at both girls and boys, and empowerment of women and girls; support services and, protection and reparation measures for survivors; measures to combating all forms of gender-based violence, including violations of women’s sexual and reproductive health and rights; and minimum standards for law enforcement and violence against LGBTI persons on the grounds of gender, gender identity, gender expression and sex characteristics; minimum standards for law enforcement; and that takes into account a victims-centred and intersectional approach;
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 131 #
2021/2025(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Is alarmed by the legislative measures adopted in some Members States under the pretext of COVID-19 measures; reaffirms its position that such measures need to respect EU fundamental rights and the rule of law and considers that equal treatment of persons is crucial1a; _________________ 1a Texts adopted, P9_TA(2020)0307.
Amendment 183 #
2021/2025(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses in particular the deterioration of the independence of some Member States’ equality bodies since the publication of the reports, which constitutes an immediate threat to the fundamental rights of citizens;
Amendment 1 #
2021/2020(INI)
Motion for a resolution
Citation -1 (new)
Citation -1 (new)
-1 having regard to Articles 2 and 3 of the Treaty on European Union (TEU), Articles 6 and 8 of the Treaty on the Functioning of the European Union (TFEU) and Article 23 of the Charter of Fundamental Rights of the European Union
Amendment 23 #
2021/2020(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regards to the Commission communication of 12 November 2020 entitled ‘A Union of Equality: LGBTIQ equality strategy2020-2025” COM(2020) 698;
Amendment 36 #
2021/2020(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas according to the EIGE 2020 Gender Equality Index the EU has a long way to go before reaching gender equality, with an overall score of 67.9 out of 100; whereas since 2017 the score has only increased 0.5 points and at this pace of progress it will take more than 60 years to achieve gender equality in the EU; whereas faster progress and efforts by EU institution and Member States are needed;
Amendment 42 #
2021/2020(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, although female employment rates have risen, gender inequality on the labour market remains a fact of life; whereas the employment gap is particularly high in the case of single mothers, female caregivers, women with disabilities, women from ethnic minorities, migrant and refugee womenworrying reality; whereas the gender gap in the full-time equivalent (FTE) employment rate has increased in eight member states since 2010; whereas this gap is particularly high in the case of single mothers, female caregivers, women with disabilities, women from diverse racial, and ethnic backgrounds, women from religious minorities, migrant and refugee women, those with low educational achievement, LBTIQ+ women and young and elderly women;
Amendment 47 #
2021/2020(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas women face intersecting inequalities and discrimination, including linked to their race, ethnic or social origin, sexual orientation, gender identities and expression, religion or belief, residence status, disability and efforts must address all forms of discrimination to achieve gender equality for all women; whereas EU policies have not until now deployed an intersectional approach and have focused only on the individual dimension of discrimination, which downplays its institutional, structural and historical dimensions; Whereas applying an intersectional analysis not only allows us to understand structural barriers, but also offers evidence to create benchmarks and set a path towards strategic and effective policies against systemic discrimination, exclusion and social inequalities;
Amendment 50 #
2021/2020(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the COVID-19 pandemic has exacerbated existing gender inequalities in almost every walk of life;and analyses suggest that the economic impact of the pandemic will roll back on the fragile gains achieved in the past decade with regard to women’s economic independence; whereas women’s employment during the pandemic has fall more sharply than it did during the 2008 recession1a; _________________ 1a EIGE Equality Index 2020
Amendment 57 #
2021/2020(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas available reports and figures from several Member States revealed a worrying increase in gender- based violence during the period of COVID-19 pandemic; whereas lockdown measures made it more difficult for victims of intimate partner violence to seek help as they are often confined with their abusers, and have limited access to support services, and insufficient support structures and resources have exacerbated an already existing ‘shadow’ pandemic;
Amendment 63 #
2021/2020(INI)
Motion for a resolution
Recital D
Recital D
D. whereas violence against women in all its forms (physical, sexual, psychological, economic or cyber violence) is a violation of human rights and one of the biggest obstacles to achieving gender equality; whereas gender based violence is rooted in the unequal distribution of power between genders, patriarchal structures and gender stereotypes, that have led to domination over and discrimination against women by men; whereas gender- based violence may be of differing appearance, intensity and form; whereas a society free of violence must be acknowledged as an absolute prerequisite for equality;
Amendment 74 #
2021/2020(INI)
Motion for a resolution
Recital E
Recital E
E. whereas women in the EU are more severely affected by poverty or social exclusion than men, being systematically placed at a disadvantage by structural and cultural factors; whereas since 2010, the gender gap in earnings has increased in 17 Member States, while the gender gap in income has gone up in 19 Member States, leading to an overall increase in gender inequality in earnings and income in the EU; whereas these situation is even worse for women experiencing intersecting forms of discrimination;
Amendment 84 #
2021/2020(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the EU gender pay gap is 164.1%, with variations between the Member States; whereas this gender pay gap has a number of implications, not least a 36.7% difference in corresponding pension entitlements, placing older women at greater risk of poverty and social exclusion; whereas it is the result of disadvantages accrued by women over time, such as lack of access to the many financial resources, such as benefits and pension systems, that come with full-time employment, and for which many women are ineligible as they tend to stay in part- time employment or face job discontinuity due to care responsibilities; whereas the right to equal pay for equal work is not always guaranteed and remains one of the biggest challenges to be met in efforts to combat pay discrimination;
Amendment 93 #
2021/2020(INI)
Motion for a resolution
Recital G
Recital G
G. whereas theirwomen’s role as primary caregivers with in the family imposes a disproportionate burden of unpaid care and domestic work on women, who play a vital role in this respect; whereas before the COVID-19 outbreak, women in the EU spent an average of 13 hours more than men on unpaid care and housework every week; whereas 7.7 million women (aged 20–64) in 2019 was away from the labour market in the EU, because they were looking after children or other people with care needs, compared with 450 000 men; whereas far more women than men also work part-time (8.9 million versus 560 000) owing to their care responsibilities; whereas the rising long- term care needs and lack of care services intensify gender inequalities within families and in employment; whereas there is an urgent need to foster policies that challenge and combat the patriarchal division of gender roles and stereotypes;
Amendment 109 #
2021/2020(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the presence of women in EU national parliaments (both houses) has increased from 24 % in 2010 to 32 % in 2020; whereas gender balance has improved among cabinet ministers in national governments, from 26 % in 2010 to 32 % in 2020; whereas there are significant differences between Member States with only 7 member states having reached gender parity or gender-balanced cabinets: whereas at regional and local levels, the rate of change continues to be extremely slow with only 29% of women represented in 2019 with Hungary, Slovakia and Romania having more than 80 % male representation in regional assemblies;
Amendment 115 #
2021/2020(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. whereas gender imbalance is likewise a persistent phenomenon in central banks, corner stones of economic- decision making and which shape social, political and economic realities; whereas currently, all central banks of EU Member States are governed by a man and women held a quarter (24.6%) of seats in the key decision-making bodies of national central banks in the EU;
Amendment 116 #
2021/2020(INI)
Motion for a resolution
Recital H c (new)
Recital H c (new)
H c. whereas the European Institute for Gender Equality has found that the performance of EU Member State in gender main-streaming has been decreasing since 2012; whereas despite a slight rise of governments’ commitment to mainstream gender into public administration the availability of gender mainstreaming structures and the use of gender mainstreaming tools has decreased;
Amendment 118 #
2021/2020(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Is concerned about the fact that according the 2020 Gender Equality Index the EU remain still far from achieving gender equality; Stresses than more than one third of Member States scored fewer than 60 points in 2018 with Greece, Poland and Hungary in particular need of improvement; Regrets the slow progress and the fact that for some member states combating gender discrimination is not seen as important policy area or political priority;
Amendment 131 #
2021/2020(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States to take practical measures to ensure that women have equal access to work with rights and decent pay; stresses the need to promote collective bargaining as a determining factor in reversing and overcoming inequality and tackling discrimination against women in all their diversity and calls for de jure and de facto compliance with the principle of equal pay for equal work of equal value;
Amendment 136 #
2021/2020(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the Commission proposal on binding transparency measures as an important initiative to combat the gender pay gap, but stresses that pay transparency alone will not address the deep-rooted gender inequalities behind this gap; Calls for an immediate gender pay and pension gap action plan which should set clear targets for the Member States and ensure that such targets are taken account in the country-specific recommendations; highlights the need to include in such action plan an intersectional perspective and the diverse realities and discrimination experiences faced by particular groups such as muslim women, women form diverse racial and ethnic backgrounds, migrant women, women with disabilities, trans, lesbian and non- binary persons;
Amendment 148 #
2021/2020(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the EU and its Member States to fully transpose the Work Life Balance Directive and to further underpin maternity and paternity entitlements, for example by increasing periods of fullequal and fully paid leaves, with no loss of pay,a view of further involving men in unpaid work and taking into account the World Health Organization recommendation that children be exclusively breastfed for the first six months of their lives; calls for the right to a reduction in working hours following maternity leave to be guaranteed in practice, enabling mothers to breastfeed their children until they are at least two years oldand flexible work arrangement following maternity and paternity leave to be guaranteed in practice, enabling parents to better share and balance work with care responsibilities, accompanied by investment in a public network of free childcare and education services;
Amendment 163 #
2021/2020(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Call on the EU to put forward a Care Deal For Europe, a set of policies, programmes, funding and recommendations to foster a transition towards a care economy with a view to advance towards societies where life and the wellbeing of all is prioritised over growth, the value of care work, both paid and unpaid, is put at the centre of our economies and to respond to the social impacts on those with caring responsibilities.
Amendment 169 #
2021/2020(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Underlines the negative consequences of joint taxation systems on women’s employment rates and their economic independence and on the pension pay and care gaps; stresses that tax systems should no longer be based on the assumption that households pool and share their funds equally and that individual taxation is instrumental to achieving tax fairness for women;
Amendment 173 #
2021/2020(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Regrets that only 8 member states have ratified the ILO Convention No189 on domestic workers that aims to provide legal recognition for domestic work, extend rights to all domestic workers, especially women, in the informal economy, and prevent violations and abuses; Calls on all MS to urgently ratify and ensure compliance with the articles of this ILO Convention;
Amendment 175 #
2021/2020(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Reminds ones again to put a stronger focus on gender equality within different phases of the European Semester process; Urges to incorporate the EIGE Gender Equality Index in the Social scoreboard and provide gender disaggregated data on the exiting indicators in order to monitoring progress on gender equality and better address country-specific challenges;
Amendment 182 #
2021/2020(INI)
Motion for a resolution
Subheading 2
Subheading 2
Eradication of violence against women and gender based violence
Amendment 184 #
2021/2020(INI)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Strongly reaffirms its previously expressed commitment on tackling gender-based violence and on the need to have a comprehensive Directive covering all its forms, as the best way to put an end to it; recalls that the Council should urgently conclude the EU’s ratification of the Istanbul Convention on the basis of a broad accession without any limitations, as the Convention remains the international standard and a key tool for the eradication of gender-based violence by following a holistic and coordinated approach that places the rights of the victim at the centre and addresses the issues from a wide range of perspectives;
Amendment 187 #
2021/2020(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the urgent need to counter the exploitation of women at work and combat the inequalities, discrimination and violence affecting them; Stresses that harassment experienced in a work place constitutes a serious attack on a person’s psychological and physical health, making them feel insecure at work or in some cases preventing them from doing their work; notes that women are far more likely to be exposed to sexual harassment than men; Calls on Member States to adopt the International Labour Organisation (ILO)Conventions 190 in order comply with the global standards aimed at ending violence and harassment in the world of work.
Amendment 195 #
2021/2020(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for women who suffer domestic violence to be afforded proper protectionon Member States to take all necessary measures to ensure protection, support and reparation to all victims of all forms of gender-based violence, including domestic violence, ensuring the deployment of increased resources and more effective responses by the State;
Amendment 210 #
2021/2020(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that forced prostitution constitutes a serious form of violence and exploitation affecting mostly women and children; notes that the root causes of forced prostitution are inextricably intertwined with social and economic realities, particularly unemployment, financial need and poverty; stresses the importance of a gender sensitive approach to human trafficking and about the need for Member States to increase funding for social support and access to public services for victims of trafficking or sexual exploitation; Calls on Member states to fully implement the Anti-trafficking Directive and to urgently stop imprisoning or deporting potential victims; Calls on the European Commission to closely monitor specially the application and transposition of this Directive and to initiate infringements procedures on those Member States failing to do so;
Amendment 218 #
2021/2020(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that gender-based violence intersects with multiple axes of oppression; Underlines that women and girls with disabilities are two to five times more likely to experience various forms of violence, highlights that the EU is obliged, as a party to the CRPD, to take measures to ensure the full and equal enjoyment by women and girls with disabilities of all human rights and fundamental freedoms, notes that the Committee on the Rights of Persons with Disabilities recommended in 2015 that the EU should advance its efforts in this direction, inter alia through ratification of the Istanbul Convention;
Amendment 226 #
2021/2020(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Applauds the unambiguous defence of all freedoms anywhere in the world, while condemning measures that undermine rights, freedoms and guarantees and deprecating all forms of prejudice, including discrimination on the grounds of gender sexual orientation gender identity, gender expression or sex characteristic;
Amendment 235 #
2021/2020(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that any strategy designed to achieve equality must get to grips with all forms of violence against womengender-based violence, including the erosion of healthcare entitlements and sexual and reproductive health and rights acquired by women and infringements thereof;
Amendment 246 #
2021/2020(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the need for Member States to adopt a policy placing special emphasis on improved public health and the prevention of disease by guaranteeing free, universal and high-quality healthcare and ensuring the availability of the necessary resources to combat the main public health problems; Stresses that health inequalities are accumulating for women with low education and women with disabilities, who have both the poorest health and the most limited access to health services;
Amendment 258 #
2021/2020(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses that since 2010 gender segregation in education has increased slightly, with the situation worsening in 13 Member States and in other cases remaining almost unchanged; Highlights that gender segregation in education remains a major barrier to gender equality in the EU; Calls on the Member States to tackle sexism and gender stereotypes in their education systems and to combat gendered labour market segmentation in STEM careers by investing in formal, informal and non- formal education, lifelong learning and vocational training for women to ensure their access to high-quality employment and opportunities to reskill and upskill for future labour market demand and prevent a vicious circle of gender segregation of labour;
Amendment 262 #
2021/2020(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Member States to take specific measures to combat the risk of poverty in old age and retirement, increasing pensions and boosting social benefits; Is extremely concerned with the fact that the poverty gender gap has increased in 21 Member State since 2017; Stresses that poverty or social exclusion are concentrated among certain particularly marginalised groups of women as lone mothers, women above 65 years of age, women with disabilities and those with low level of education and migrant background;
Amendment 267 #
2021/2020(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Highlights that there is still a misconception that homelessness amongst women is a relatively minor social problem in Europe; Points at the lack of basic data on the nature and extent of women’s homelessness making this problem less visible; Stresses the importance to recognize gender-based violence and the gendered experiences of trauma as a root cause of women’s homelessness, as well as to look at wider societal problem intersecting with broader socio-economic and structural barriers, such as poverty, the lack of affordable housing and other structural factors; Urges on EU and Member States to integrate a gender perspective into policies and practices addressing homelessness and to develop specific strategy to combat women’s homeless and ensure that services work appropriately and effectively to meet the needs of homeless women;
Amendment 269 #
2021/2020(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Recalls the need to combat intersectional forms of discrimination, especially against marginalised groups, including women with disabilities, black women, migrant, ethnic minority and Roma women, older women, single mothers, LGBTIQ+ people and homeless women, and stresses the importance that their needs and concerns are addressed in EU polices and initiatives; Calls on the Commission to lay down explicit guidelines on the implementation of the intersectional framework; Calls on the European Commission to present a EU Action Plan with specific measures to improve the socio-economic situation of women who face intersecting forms of discrimination and to combat feminisation of poverty and of precarious work;
Amendment 270 #
2021/2020(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Is deeply concerned about increasing gender equality backlash in some EU member states and specially in the attempts to further criminalise abortion care and undermine young people's access to sexuality education in Poland and about the adopted reforms that attacks LGTBIQ+ people in Hungary; Demands strengthened support for women’s rights defenders and women’s rights organisations in the EU, including organisations working on sexual and reproductive rights and LGBTI+, through increased and earmarked financial support in the next MFF;
Amendment 274 #
2021/2020(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Is deeply concerned about the fact that the Green New Deal and related environmental and climate initiatives do not include a gender perspective; Urges the Commission to comply with their obligation to incorporate gender mainstreaming into all EU policies, including EU environmental and climate policies: Urges that these policies be informed by rigorous gender analysis to ensure that they address existing gender inequalities and other forms of social exclusion; Calls the European Commission to design a roadmap to deliver on the commitments of the Gender Action Plan agreed at COP25and to appoint a permanent EU gender and climate change focal point, with sufficient budget resources, to implement and monitor gender-responsible climate action in the EU and globally;
Amendment 277 #
2021/2020(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Urges the Member States to reach a common position as soon as possible on the proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426), which has been blocked since its adoption by Parliament in April 2009;
Amendment 280 #
2021/2020(INI)
15 c. Calls on the Member States and the Council to create a formal Council configuration on Gender Equality, in order to provide the Ministers and Secretaries of State in charge of gender equality with a dedicated forum for discussion, to ensure that gender equality issues are discussed at the highest political level and to better facilitate gender mainstreaming across all EU policies;
Amendment 283 #
2021/2020(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15 d. Stress that the European Court of Auditors concluded that the Commission had not yet lived up to its commitment to gender mainstreaming in the EU budget; Calls on the European Commission to implement the European Court of Auditors recommendations to strengthen the institutional framework for supporting gender budgeting; to carry out gender analyses of the needs and impacts and update its better regulation guidelines; to systematically collect, analyse and report on existing sex-disaggregated data for the EU funding programmes; to make use of gender-related objectives and indicators to monitor progress; to develop a system for tracking funds allocated and used to support gender equality; and to report annually on the results achieved in terms of gender equality;
Amendment 285 #
2021/2020(INI)
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15 e. Welcomes the commitment to take gender equality into account under the Recovery and Resilience Facility, the largest part of the Next Generation EU instrument but deeply regrets that the gender impact of these funds will be difficult to monitor and follow up on the results due to the lack of gender specific indicators and objectives; Calls therefore on the Commission to use gender disaggregated data and indicators, in particular, in the recovery and resilience scoreboard, assess the gender impact of implemented measures and results at the time of the evaluation of the national plans setting out the Member States reforms and their investment agendas, and impose a gender balanced governance of the Recovery and Resilience Facility (RRF) and the European Semester;
Amendment 287 #
2021/2020(INI)
Motion for a resolution
Paragraph 15 f (new)
Paragraph 15 f (new)
15 f. Calls on the Commission to mainstream gender equality into all policy-making and to carry out gender impact assessments when setting up any new policy to help ensure a more coherent and evidence-based EU policy response to gender equality challenges; calls on the Member States to undertake corresponding measures at the national level;
Amendment 252 #
2021/0410(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Given the sensitivity of the data concerned and the strict rules for processing such data adopted in Directive (EU) 2016/680, automated searches and exchange of data for the prevention, detection and investigation of criminal offences should only be allowed for offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA and punishable in the requesting Member State by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State.
Amendment 258 #
2021/0410(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) By providing for the automated search or comparison of DNA profiles, dactyloscopic data, and vehicle registration data, facial images and police records, the purpose of this Regulation is also to allow for the search of missing persons and unidentified human remains. This should be without prejudice to the entry of SIS alerts on missing persons and the exchange of supplementary information on such alerts under Regulation (EU) 2018/1862 of the European Parliament and of the Council.33 _________________ 33 Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56).
Amendment 270 #
2021/0410(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The identification of a criminal is essential for a successful criminal investigation and prosecution. The automated searching of facial images of suspects and convicted criminals should provide for additionsuspect of or a person convicted of a serious criminal offence is essential information for a successfully identifying criminals and f investighating crimeon and prosecution.
Amendment 277 #
2021/0410(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 281 #
2021/0410(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 289 #
2021/0410(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Decisions 2008/615/JHA and 2008/616/JHA provide for a network of bilateral connections between the national databases of Member States. As a consequence of this technical architecture, each Member State should establish at least 26 connections, that means a connection with each Member State, per data category. The router and the European Police Records Index System (EPRIS) established by this Regulation should simplify the technical architecture of the Prüm framework and serve as connecting points between all Member States. The router should require a single connection per Member State in relation to biometric data and EPRIS should require a single connection per Member State in relation to police records.
Amendment 295 #
2021/0410(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In case of a match between the data used for the search or comparison and data held in the national database of the requested Member State(s), and upon confirmation of this match by the requesting Member State, the requested Member State should return a limited set of core data via the router within 24 hours. The deadline would ensure fast communication exchange between Member States’ authorities. Member States should retain control over the release of this limited set of core data. A certain degree of hHuman intervention should be maintained at key points in the process, including for the decision to release personal data to the requesting Member State in order to ensure that there would be no automated exchange of core data.
Amendment 299 #
2021/0410(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The universal message format (UMF) standard should be used in the development of the router and EPRIS. Any automated exchange of data in accordance with this Regulation should use the UMF standard. Member States’ authorities and Europol are encouraged to use the UMF standard also in relation to any further exchange of data between them in the context of the Prüm II framework. The UMF standard should serve as a standard for structured, cross- border information exchange between information systems, authorities or organisations in the field of Justice and Home Affairs.
Amendment 313 #
2021/0410(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a framework for the exchange of information between authorities responsible for the prevention, detection and investigation of serious criminal offences (Prüm II).
Amendment 320 #
2021/0410(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
This Regulation lays down the conditions and procedures for the automated searching of DNA profiles, dactyloscopic data, facial images, police records and certain vehicle registration data and the rules regarding the exchange of core data following a match.
Amendment 324 #
2021/0410(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
The purpose of Prüm II shall be to step up cross-border cooperation in matters covered by Part III, Title V, Chapter 5 of the Treaty on the Functioning of the European Union, particularly the exchange of information between authorities responsible for the prevention, detection and investigation of serious criminal offences.
Amendment 328 #
2021/0410(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 331 #
2021/0410(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
This Regulation applies to the national databases used for the automated transfer of the categories of DNA profiles, dactyloscopic data, facial images, police recordand certain vehicle registration data, only in the context of searches for suspects and cpertain vehicle registration datasons convicted of serious crimes.
Amendment 336 #
2021/0410(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 9
Article 4 – paragraph 1 – point 9
(9) ‘individual case’ means one or more persons who have been convicted of a serious crime or are reasonably suspected of a serious crime in accordance with this Regulation, in a single investigation file;
Amendment 339 #
2021/0410(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 10
Article 4 – paragraph 1 – point 10
Amendment 343 #
2021/0410(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 11
Article 4 – paragraph 1 – point 11
Amendment 348 #
2021/0410(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 16
Article 4 – paragraph 1 – point 16
Amendment 361 #
2021/0410(COD)
Proposal for a regulation
Chapter 1 a (new)
Chapter 1 a (new)
Amendment 367 #
2021/0410(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall open and keep national DNA analysis files for the investigation of serious criminal offences.
Amendment 383 #
2021/0410(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall allow national contact points referred to in Article 29 and Europol access to the DNA reference data in their DNA analysis files, to conduct automated searches by comparing DNA profiles for the investigation of serious criminal offences.
Amendment 385 #
2021/0410(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Searches may be conducted only in individual cases and in compliance with the national law of the requesting Member State, and only for investigation of serious criminal offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA and punishable in the requesting Member State by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State..
Amendment 390 #
2021/0410(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Should an automated search show that a supplied DNA profile matches DNA profiles entered in the requested Member State's searched file, the national contact point of the requesting Member State shall receive in an automated way the DNA reference data with which a match has been founda notification of a potential match..
Amendment 393 #
2021/0410(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The national contact point of the requesting Member State shall confirm a match of DNA profiles data with DNA reference data held by the requested Member State following the automated supply of the DNA reference data required for confirming a match.Should the search show that a supplied DNA profile matches DNA profiles entered in the requested Member State’s searched file, the national contact point of the requested Member State shall request:
Amendment 396 #
2021/0410(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. a human review by an authorised router user pursuant to Article 36 to ensure the profile is of sufficient quality, accuracy and veracity; and
Amendment 397 #
2021/0410(COD)
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3 b. a human review either by an authorised router user pursuant to Article 36, or by an independent judicial authority, to confirm that the request from the requesting Member State respects the fundamental rights and freedoms of the data subject pursuant to Directive (EU) 2016/680;
Amendment 399 #
2021/0410(COD)
Proposal for a regulation
Article 6 – paragraph 3 c (new)
Article 6 – paragraph 3 c (new)
Amendment 404 #
2021/0410(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States may, via their national contact points, compare the DNA profiles of their unidentified DNA profiles with all DNA profiles from other national DNA analysis files for the investigation of serious criminal offences. Profiles shall be supplied and compared in an automated manner.
Amendment 418 #
2021/0410(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d a (new)
Article 11 – paragraph 1 – point d a (new)
(d a) for DNA profiles of categories of data subjects other than convicted criminals or suspects, a detailed justification, which includes the specific purpose of the search.
Amendment 421 #
2021/0410(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Automated notification of a match shall only be provided if the automated search or comparison has resulted in a match of a minimum number of loci. The European Data Protection Board shall issue guidelines to determine the minimum number of loci to ensure that the thresholds are sufficiently high to ensure accuracy, reasonably minimise the risk of misidentification and prevent discrimination. The Commission shall adopt implementing acts to specify this minimum number of loci and maximum number of candidates, in accordance with the procedure referred to in Article 76(2).
Amendment 425 #
2021/0410(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Where a search or comparison with unidentified DNA profiles results in a match, each requested Member State with matching data may insert a marking in its national database indicating that there has been a match for that DNA profile following another Member State's search or comparison. Where applicable, this marking shall include the justification pursuant to paragraph 1(3).
Amendment 433 #
2021/0410(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. For the prevention, detection and investigation of serious criminal offences, Member States shall allow national contact points of other Member States and Europol access to the dactyloscopic reference data in the automated fingerprint identification systems which they have established for that purpose, to conduct automated searches by comparing dactyloscopic reference data.
Amendment 435 #
2021/0410(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
Searches may be conducted only in individual cases and in compliance with the national law of the requesting Member State, and only for investigation of serious criminal offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA and punishable in the requesting Member State by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State..
Amendment 441 #
2021/0410(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The national contact point of the requesting Member State shall confirm a match of dactyloscopic data with dactyloscopic reference data held by the requested Member State following the automated supply of the dactyloscopic reference data required for confirming a match.
Amendment 458 #
2021/0410(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. For the prevention, detection and investigation of serious criminal offences, Member States shall allow national contact points of other Member States and Europol access to the following national vehicle registration data, to conduct automated searches in individual cases:
Amendment 462 #
2021/0410(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) data relating tospecific data on owners or operators;
Amendment 465 #
2021/0410(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Searches may be conducted only in compliance with the national law of the requesting Member State, and only for investigation of criminal offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA and punishable in the requesting Member State by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State.
Amendment 475 #
2021/0410(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Those logs shall be protected by appropriate measures against unauthorised access and erased onthree years after their creation. If, however, they are required for monitoring procedures that have already begun, they shall be erased once the monitoring procedures no longer require the logs.
Amendment 481 #
Amendment 516 #
Amendment 542 #
2021/0410(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
The national contact points shall be responsible for supplying the data referred to in Articles 6, 7, 13, 18, 22 and 26.
Amendment 545 #
2021/0410(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
The Commission shall adopt implementing acts to specify the technical arrangements for the procedures set out in Articles 6, 7, 13, 18, 22 and 26. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 76(2).
Amendment 549 #
2021/0410(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
Member States and Europol shall observe common technical specifications in connection with all requests and answers related to searches and comparisons of DNA profiles, dactyloscopic data, vehicle registration data, facial images and police records. The Commission shall adopt implementing acts to specify these technical specifications in accordance with the procedure referred to in Article 76(2).
Amendment 557 #
2021/0410(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Member States shall take all necessary measures to ensure that automated searching or comparison of DNA profiles, dactyloscopic data, and vehicle registration data, facial images and police records is possible 24 hours a day and seven days a week.
Amendment 568 #
2021/0410(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point a
Article 33 – paragraph 2 – point a
(a) the purpose of the query, including a reference to the specific case or investigation, and information about the specific criminal offence;
Amendment 574 #
2021/0410(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) an indication on whether the query concerns a suspect or a perpetrator of ason convicted of a serious criminal offence;
Amendment 582 #
2021/0410(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The universal message format (UMF) standard shall be used in the development of the router referred to in Article 35 and EPRIS.
Amendment 585 #
2021/0410(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point a
Article 35 – paragraph 2 – point a
(a) a central infrastructure, including a search tool enabling the simultaneous querying of Member States’ databases referred to in Articles 5, 12 and 21 as well as of Europol data;
Amendment 589 #
2021/0410(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
The use of the router shall be reserved only to the specific individuals within the Member States’ designated authorities that have acand for whom it is strictly necessary to the exchange ofaccess to DNA profiles, and dactyloscopic data and facial images, and Europol, in accordance with this Regulation and Regulation (EU) 2016/794. Each individual shall undergo prior, individual authorisation to use the router and shall have completed data protection training.
Amendment 593 #
2021/0410(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The router users referred to in Article 36 shall request a query by submitting biometric data to the router. The router shall dispatch the request for a query to the Member States’ databases and Europol data simultaneously with the data submitted by the user and in accordance with their access rights.
Amendment 594 #
2021/0410(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. On receiving the request for a query from the router, each requested Member State and Europol shall launch a query of their databases in an automated manner and without delay.
Amendment 597 #
2021/0410(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Any matches resulting from the query in each Member States’ databases and Europol data shall be sent back in an automated manner to the routerto the router, following the manual review process set out in Articles 6(3-5), 13(3-5) or 18(3-5), according to the type of data.
Amendment 604 #
2021/0410(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The router shall rank the replies in accordance with the score of the correspondence between the biometric data used for querying and the biometric data stored in the Member States’ databases and Europol data. The ranking process and technology shall be verified by the European Data Protection Board to make sure that the thresholds are sufficiently high to ensure accuracy, reasonably minimise the risk of misidentification and prevent discrimination.
Amendment 605 #
2021/0410(COD)
Proposal for a regulation
Article 37 – paragraph 4 a (new)
Article 37 – paragraph 4 a (new)
4a. EU-LISA shall make publicly available information about the supplier of the ranking technology, and about the technology as such.
Amendment 608 #
2021/0410(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. The list of matching biometric data and their scores shall be returned to the router user by the router, and shall be limited to a maximum number of candidates that can be returned per search in order to ensure accuracy, reasonably minimise the risk of misidentification and prevent discrimination. The European Data Protection Board shall verify the number of candidates.
Amendment 610 #
2021/0410(COD)
Proposal for a regulation
Article 37 – paragraph 6
Article 37 – paragraph 6
6. The Commission shall adopt implementing acts to specify the technical procedure for the router to query Member States’ databases and Europol data, the format of the router replies and the technical rules for scoring the correspondence between biometric data. These implementing acts shall ensure that the thresholds are sufficiently high to ensure accuracy, reasonably minimise the risk of misidentification and prevent discrimination. These implementing acts shall be adopted in accordance with the procedure referred to in Article 76(2).
Amendment 613 #
2021/0410(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
The requested Member State shall check the quality of the transmitted data by means of a fullyn automated procedure.
Amendment 619 #
2021/0410(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. The router users referred to in Article 36 may launch a query to Member States’ databases and Europol data simultaneously with a query to the Common Identity Repository where the relevant conditions under Union law are fulfilled and in accordance with their access rights. For this purpose, the router shall query the Common Identity Repository via the European Search Portal. The Commission shall adopt implementing acts to specify these technical arrangements in accordance with the procedure referred to in Article 76(2)
Amendment 624 #
2021/0410(COD)
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 2
Article 39 – paragraph 2 – subparagraph 2
Simultaneous queries of the Member States’ databases and Europol data and the Common Identity Repository may only be launched in cases where it is likelythere are reasonable grounds of suspicion that data on a suspect, perpetrator or a person convictimed of a terrorist offence or other serious criminal offences as defined respectively in Article 4, points 21 and 22, of Regulation (EU) 2019/817 and Article 4, points 21 and 22, of Regulation (EU) 2019/818 are stored in the Common Identity Repository.
Amendment 631 #
2021/0410(COD)
Proposal for a regulation
Article 40 – paragraph 3 – subparagraph 1
Article 40 – paragraph 3 – subparagraph 1
Those logs shall be protected by appropriate measures against unauthorised access and erased onthree years after their creation. If, however, they are required for monitoring procedures that have already begun, they shall be erased once the monitoring procedures no longer require the logs.
Amendment 642 #
Amendment 673 #
2021/0410(COD)
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
Where the procedures referred to in Articles 6, 7, 13 or 2213 show a match between the data used for the search or comparison and data held in the database of the requested Member State(s), and upon confirmation of this match by the requesting Member State, the requesteding Member State shall return a set of core data via the router within 24 hours. That set of core data, if available, shall contain the following data:s may decide the matches for which a follow-up is necessary and send a reasoned follow-up request to the requested Member State(s) via SIENA.
Amendment 674 #
2021/0410(COD)
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 (new)
Article 47 – paragraph 1 – subparagraph 1 (new)
The requested Member State shall return a set of core data via the router within 72 hours, except in the circumstances referred to in Article 47(3) of this Regulation;
Amendment 675 #
2021/0410(COD)
Proposal for a regulation
Article 47 – paragraph 1 a (new)
Article 47 – paragraph 1 a (new)
The requested Member States may refuse to share the core data if they determine that it disproportionately infringes on the rights and freedoms of the data subject or if they determine it to be prejudicial to an ongoing investigation. The justification for such refusals must be provided promptly to the requesting Member State;
Amendment 678 #
2021/0410(COD)
Proposal for a regulation
Article 49
Article 49
Access by Member States to third country- sourced biometric data stored by Europol 1. accordance with Regulation (EU) 2016/794, have access to, and be able to search via the router, biometric data which has been provided to Europol by third countries for the purposes of Article 18(2), points (a), (b) and (c), of Regulation (EU) 2016/794. 2. match between the data used for the search and Europol data, the follow-up shall take place in accordance with Regulation (EU) 2016/794.rticle 49 deleted Member States shall, in Where this procedure results in a
Amendment 686 #
2021/0410(COD)
Proposal for a regulation
Article 50 – title
Article 50 – title
Amendment 689 #
2021/0410(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. Europol shall, in accordance with Regulation (EU) 2016/794, havebe entitled to request access to data, which are stored by Member States in their national databases in accordance with this Regulation.
Amendment 690 #
2021/0410(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
Amendment 692 #
2021/0410(COD)
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
Amendment 694 #
2021/0410(COD)
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. Europol shall carry out the searches in accordance with paragraph 1 only when carrying out its tasks referred to in points (d), (e), (h), (k), (q), (r), (s), (t) of Article 4 of Regulation (EU) 2016/794.
Amendment 696 #
2021/0410(COD)
Proposal for a regulation
Article 50 – paragraph 6 – introductory part
Article 50 – paragraph 6 – introductory part
6. Where the procedures referred to in Articles 6, 7, 13 or 2213 show a match between the data used for the search or comparison and data held in the national database of the requested Member State(s), and upon confirmation of that match by Europol, the requested Member State shall decide whether to return a set of core data via the router within 24 hours, in case the person is a suspect or a person convicted of a serious criminal offense. That set of core data, if available, shall contain the following data:
Amendment 700 #
2021/0410(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Processing of personal data by the requesting Member State or Europol shall be permitted solely for the purposes for which the data have been supplied by the requested Member State in accordance with this Regulation. Processing for other purposes shall be permitted solely with the prior authorisation of the requested Member State.
Amendment 707 #
2021/0410(COD)
Proposal for a regulation
Article 51 – paragraph 2 – point a
Article 51 – paragraph 2 – point a
(a) establish whether the compared DNA profiles, dactyloscopic data, and vehicle registration data, facial images and police records match;
Amendment 716 #
2021/0410(COD)
Proposal for a regulation
Article 51 – paragraph 3
Article 51 – paragraph 3
3. The requesting Member State may process the data supplied to it in accordance with Articles 6, 7, 13 or 2213 solely where this is necessary for the purposes of this Regulation. The supplied data shall be deleted immediately following data comparison or automated replies to searches unless further processing is necessary by the requesting Member State for the purposes of the prevention, detection and investigation of serious criminal offences.
Amendment 745 #
2021/0410(COD)
Proposal for a regulation
Article 55 – paragraph 5 a (new)
Article 55 – paragraph 5 a (new)
5a. This Article is without prejudice to data breach reporting obligations pursuant to Articles 34, 35, 92 and 93 of Regulation (EU) 2018/1725, and Articles 30 and 31 of Directive (EU) 2016(680).
Amendment 748 #
2021/0410(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. The data controllers shall takeimplement the necessary technical and organisational measures to monitor the compliance of data processing pursuant to this Regulation, including through frequent verification of the logs referred to in Articles 40 and 45, and cooperate, where necessary, with the supervisory authorities and with the European Data Protection Supervisor.
Amendment 760 #
2021/0410(COD)
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
2. eu-LISA and Europol shall supply information requested by the European Data Protection Supervisor to it, grant the European Data Protection Supervisor access to all the documents it requests and to their logs referred to in Articles 40 and 45 and allow the European Data Protection Supervisor access to all their premises at any time. This paragraph is without prejudice to other powers of the European Data Protection Supervisor pursuant to Article 58 of Regulation (EU) 2018/1725.
Amendment 766 #
2021/0410(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
Amendment 768 #
2021/0410(COD)
Proposal for a regulation
Article 62 a (new)
Article 62 a (new)
Article 62a Relation to other relevant data protection legislation The provisions of this Chapter are without prejudice to the application of both Directive (EU) 2016/680 and Regulation (EU) 2018/1725 as regards the processing of personal data in the context of law enforcement cooperation.
Amendment 778 #
2021/0410(COD)
Proposal for a regulation
Article 64 – paragraph 6
Article 64 – paragraph 6
6. Europol shall be responsible for the procedures referred to in Articles 49 and 50.
Amendment 786 #
2021/0410(COD)
(fa) number of unconfirmed matches; and
Amendment 791 #
2021/0410(COD)
Proposal for a regulation
Article 72 – paragraph 2 – introductory part
Article 72 – paragraph 2 – introductory part
2. Costs incurred in connection with the integration of the existing national infrastructures and their connections to the router and EPRIS as well as costs incurred in connection with the establishment of national facial images databases and police national indexes for the prevention, detection and investigation of serious criminal offences shall be borne by the general budget of the Union.
Amendment 802 #
2021/0410(COD)
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
The Commission shall, in close cooperation with the Member States, European Data Protection Supervisor, European Data Protection Board, and after consultation with civil society and independent experts, Europol and eu- LISA, make available a practical handbook for the implementation and management of this Regulation. The practical handbook shall provide technical and operational guidelines, recommendations and best practices. The Commission shall adopt the practical handbook in the form of a recommendation.
Amendment 809 #
2021/0410(COD)
Proposal for a regulation
Article 79 – paragraph 4
Article 79 – paragraph 4
4. For the purposes of technical maintenance, eu-LISA and Europol shall have access to the necessary information relating to the data processing operations performed in the router and EPRIS respectively. This shall exclude access to any personal data.
Amendment 60 #
2021/0394(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In its 2 December 2020 Communication on the digitalisation of justice in the EU29 the Commission identified the need to modernise the legislative framework of the Union’s cross- border procedures in civil, commercial and criminal law, in line with the “digital by default” principle, while ensuring all necessary safeguards to avoid social exclusion and ensuring full respect of fundamental rights, such as the right to a fair trial and to an effective legal remedy. Digitalisation of proceedings in civil and criminal matters should be encouraged with the aim of strengthening the rule of law and the fundamental rights guarantees in the Union, particularly by facilitating access to justice. _________________ 29 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Digitalisation of justice in the European Union. A toolbox of opportunities, COM(2020) 710 final
Amendment 74 #
2021/0394(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) This Regulation seeks to improve the effectiveness and speed of judicial procedures and facilitate access to justice by digitalising the existing communication channels, which should lead to cost and time savings, reduction of the administrative burden, and improved resilience in force majeure circumstances for all authorities involved in cross-border judicial cooperation. The use of digital channels of communication between competent authorities should lead to reduced delays in processing of the cases, which should benefit individuals and legal entities. This is also particularly important in the area of cross-border criminal proceedings in the context of the Union’s fight against crime. In this regard, the high level of security that digital channels of communication can provide constitutes a step forward, also with respect to safeguarding the rights of the persons concerned and protection of their privacy and personal data.
Amendment 76 #
2021/0394(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) It is important that appropriate channels are developed to ensure that justice systems can efficiently cooperate digitally, while respecting procedural and fundamental rights of the affected person and the principle of the independence of the judiciary. Therefore, it is essential to establish, at Union level, an information technology instrument that allows swift, direct, interoperable, reliable and secure cross-border electronic exchange of case related data among competent authorities.
Amendment 82 #
2021/0394(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) There are tools which have been developed for the digital exchange of case related data, without replacing or requiring costly modifications to the existing IT systems already established in the Member States. The e-Justice Communication via On-line Data Exchange (e-CODEX) system is the main tool of this type developed to date to ensure sustainability of cross-border electronic exchange of case related data among competent authorities, while preserving procedural and fundamental rights and the independence of the judiciary.
Amendment 90 #
2021/0394(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure secure, swift, interoperable, auditable, confidential and reliable communication between Member States for the purposes of cross-border judicial procedures in civil, commercial and criminal matters, any appropriate modern communications technology should be used, provided that certain conditions as to the integrity and reliability of the document received and the identification of the participants in the communication are met. Therefore, an auditable, secure and reliable decentralised IT system should be used. Accordingly, it is necessary to establish such an IT system for data exchanges in cross-border judicial procedures. The decentralised nature of that IT system would enable secure data exchanges exclusively between one Member State and another, without any of the Union institutions being involved in the substance of those exchanges.
Amendment 97 #
2021/0394(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) For the purposes of this Regulation, Member States should be able to use instead of a national IT system, a Commission-developed software (reference implementation software). The Commission should be responsible for the creation, maintenance and development of this reference implementation software in accordance with the principles of data protection by design and by default. The Commission should design, develop and maintain the reference implementation software in compliance with the data protection requirements and principles laid down in Regulation (EU) 2018/1725 of the European Parliament and of the Council34 and, Regulation (EU) 2016/679 of the European Parliament and of the Council35 and Directive (EU) 2016/680, in particular the principles of data protection by design and by default as well as high level of cybersecurity. The reference implementation software should also include appropriate technical measures and enable the organisational measures necessary for ensuring a level of auditability, security and interoperability which is appropriate for the exchange of information in the context of cross-border judicial procedures. _________________ 34 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 35 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 108 #
2021/0394(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) For the purpose of facilitating access of natural and legal persons to the competent authorities, this Regulation should establish an access point at Union level (European electronic access point), as part of the decentralised IT system through which natural and legal persons or their legal representatives should be able to file claims, launch requests, send and receive procedurally relevant information and communicate with the competent authorities, for cases covered by this Regulation, access digitalised cases files in cross-border proceedings in civil, commercial, and criminal matters, and communicate with the competent authorities, for cases covered by this Regulation. Remote access to digitalised case files through the European electronic access point, including in cross-border criminal proceedings, can support effective implementation of procedural rights and fair trials guarantees. It can facilitate the production and handling of case data, as well as the possibility to access or read data from different locations and workstations, enabling effective defence preparation from the early stages of a proceeding. The European electronic access point should be hosted on the European e-Justice Portal, which serves as a one-stop-shop for judicial information and services in the Union.
Amendment 112 #
2021/0394(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Member States should be responsible for the establishment, maintenance and development of national electronic portals (national IT portals) for the purposes of electronic communication between natural and legal persons and the respective authorities which are competent in the proceedings under the legal acts listed in Annex I, whilst fully respecting the specificities of national justice systems including the roles and responsibilities of the various actors involved, including Bars and Law Societies, and Notary Councils.
Amendment 118 #
2021/0394(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In the context of the communication in cross-border cases of natural and legal persons with competent authorities, electronic communication should be used as an alternative to the existing means of communication. Notwithstanding, to ensure that access to justice through digital means does not contribute to further widening of the digital divide, the choice of the means of communication between electronic communication, as provided by this Regulation, and other means of communication should be left to the discretion of the individuals concerned. The possibility of communication and exchanges by paper other means should be maintained to respond to certain situations, in order to prevent infringements of the rights of the defence and access to justice, and more generally to the law. This is particularly important in order to cater for the specific circumstances of disadvantaged groups and people in situation of vulnerability, such as children or older people, who may lack the requisite technical means or digital skills to access digital services.
Amendment 122 #
2021/0394(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to enhance electronic cross-border communication and transmission of documents through the decentralised IT system, the European electronic access point and national IT portals, where available, those documents should not be denied legal effect and should not be considered inadmissible in the proceedings solely on the grounds that they are in electronic form. However, that principle should be without prejudice to the assessment of the legal effects or the admissibility of those documents, which may constitute evidence in accordance with national law. It should also be without prejudice to national law regarding the conversion of documents. The requirements under applicable national law concerning the admissibility of documents or information, pertaining to their authenticity, accuracy, reliability, trustworthiness and their appropriate legal form shall remain unaffected by this Regulation.
Amendment 125 #
2021/0394(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to facilitaenable remote oral hearings in cross-border proceedings in civil, commercial and criminal matters with cross-border implications, this Regulation should provide for the optional use of videoconferencing or other distance communication technology for the participation of the parties in such hearings. The procedure for applying and conducting of hearings through videoconferencing or other distance communication technology should be governed by the law of the Member State conducting the videoconferencAt the same time, the use of videoconferencing or other audiovisual communication technologies in cross- border criminal proceedings should remain exceptional, and it should always respond to the interests and needs of all the concerned parties, including suspects, accused and convicted persons. The use of videoconferencing in judicial proceedings restricts the right to be present at trial, and remote participation to cross-border hearings significantly impacts the ability to exercise defence rights, including the right to a lawyer, and the right to examine evidence and witnesses. In civil and commercial matters, the procedure for applying and conducting of hearings through videoconferencing or other audiovisual transmission technology in cross-border proceedings should be governed by the law of the Member State where the proceedings take place. In cross-border criminal proceedings falling under the acts listed in Annex II, the procedure for applying and conducting of hearings through videoconferencing or other audiovisual transmission technology should be governed by the law of the requesting Member State. Conducting a hearing by videoconferencing or other distance communicataudiovisual transmission technology should not be refused solely based on the non-existence of national rules governing the use of distance communication technology. Int such cases the most appropriate rules available under the national law, such as rules for taking of evidence, should apply mutatis mutandishould always be possible to refuse a hearing by videoconferencing or by other audiovisual transmission technology when the use of such technology gives raise to risks for to the interests of the person(s) concerned, including their fundamental right of defense.
Amendment 128 #
2021/0394(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) When videoconferencing is used for conducting hearings in cross-border civil, commercial or criminal proceedings, technical arrangements should be provided to guarantee a high-quality connection, and a visual and logistical setting that replicates that of an in-person hearing, and that enables visual and non- verbal communication. Translations and intepretations should be guaranteed before and during the hearing through videoconferencing or other audiovisual transmission technology to ensure that all concerned parties fully understand the merits of the case and how to exercise their rights in the proceedings. Where necessary, qualified translations and interpretation in sign languages should also be put in place to prevent the risk that the use of technologies create new barriers for vulnerable persons, including those with communication and/or learning disabilities. The authorities respectively responsible for requesting and authorising the holding of a hearing by videoconferencing should carefully assess, on a case-by-case basis, whether the use of remote communication technology is compatible with national procedural rules applying to the hearings in question. Member States should ensure that the videoconferencing or other audiovisual transmission technology used in cross-border proceedings enable all participants to follow the hearing, and allow all parties and persons concerned to be heard without technical or material impediments. Videoconferencing or other audiovisual transmission technology should only be used in full respect of the right to effective and confidential communication with a lawyer, the right to file and inspect evidence, and the right to examine witnesses. Informed consent of the parties on the use of videoconferencing should be a general principle applicable in all proceedings. The use of videoconferencing should enable a fair representation of the reality of the situation of the persons involved, and ensure the publicity of the trial where necessary.
Amendment 131 #
2021/0394(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) This Regulation should not apply to the use of videoconferencing or other distance communication technology in civil, commercial and criminal proceedings where such use is already foreseen in the legal acts, listed in Annex I and Annex II. This Regulation should neither apply to the use of videoconferencing nor to other audiovisual transmission technology in purely domestic criminal proceedings.
Amendment 136 #
2021/0394(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement of 13April 2016 on Better Law-Making45 , the Commission should evaluate this Regulation on the basis of the information collected through specific monitoring arrangements and independent quantitative and qualitative assessments for each of the legal acts, listed in Annexes I and II to this Regulation in order to assess the actual effects of this Regulation and to detect, prevent or rectify impact on legality, accessibility, and effectiveness the EU and Member States justice systems, and the need for any further action. _________________ 45 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1–14).
Amendment 138 #
2021/0394(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28 a) Member States should pay particular attention to ensuring that any lack of digital skills does not become an obstacle to the use of the decentralized IT system. Member States should ensure that training is provided to and easily accessible for the professionals who will act as end users of the IT system in order to ensure that they can use the system efficiently.
Amendment 144 #
2021/0394(COD)
(30) Regulation (EU) 2018/1725, Regulation (EU) 2016/679 of the European Parliament and the Council and Directive (EU) 2016/68048 of the European Parliament and the Council, apply to the processing of personal data carried out in the decentralised IT system. In order to clarify the responsibility for the processing of personal data sent or received through the decentralised IT system, this Regulation should indicate the controller of the personal data. For this purpose, each sending or receiving entity should be regarded as having determined the purpose and means of the personal data processing separately. _________________ 48 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
Amendment 145 #
2021/0394(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure uniform conditions for the implementation of this Regulation as regards the establishment of the decentralised IT system, implementingdelegated powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council49 . _________________ 49 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission'se adoption of these delegated acts should be based on a proper consultation of the relevant expercise of implementing powers (OJ L 55, 28.2.2011, p. 13)ts and legal practitioners.
Amendment 156 #
2021/0394(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) “decentralised IT system” means a network of IT systems and interoperable access points, operating under the individual responsibility and management of each Member State, Union agency or body that enables the auditable, secure and reliable cross-border exchange of information;
Amendment 157 #
2021/0394(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6 a) “Hearing through videoconferencing” means a hearing held through videconferencing tools or other audiovisual transmission technology enabling the remote participation of persons in the pre-trial or trial phase of a proceeding. In the context of criminal proceedings, “Hearing through videoconferencing” means a hearing held in cross-border proceedings under the legal acts listed in Annex II, at the request of a Member State that is different from the one where at least one of the persons to be heard or questioned are located, and for which the persons to be heard or questioned gave their consent to be heard or questioned through videconferencing or other audiovisual transmission technology.
Amendment 161 #
2021/0394(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Written communication between competent authorities in cases falling under the scope of the legal acts listed in Annex I and Annex II, including the exchange of forms established by these acts, shall be carried out through an auditable, secure and reliable decentralised IT system.
Amendment 167 #
2021/0394(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where electronic communication in accordance with paragraph 1 is not possible due to the disruption of the decentralised IT system or due to other reasons invoked by a concerned competent authority, the nature of the transmitted material or exceptional circumstances, the transmission shall be carried out by the swiftest, most appropriate alternative means, taking into account the need towhile ensureing a secure and reliable exchange of information.
Amendment 181 #
2021/0394(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4 a. The requirements under applicable national law concerning the admissibility of documents or information shall remain unaffected by this Regulation.
Amendment 188 #
2021/0394(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. A European electronic access point shall be established on the European e- Justice Portal, to be used for electronic communication between natural or legal persons, their legal representatives, and competent authorities in cases falling under the scope of the legal acts listed in Annex I.
Amendment 195 #
2021/0394(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The European electronic access point shall contain information for natural and legal persons on their right to legal assistance, including in cross-border proceedings. The European electronic access point shall allow natural and legal persons or their legal representatives to file claims, launch requests, request and obtain access to digitalised case files, send and receive procedurally relevant information and communicate with the competent authorities, including in the pre-trial and trial stages of cross-border proceedings in civil, commercial and criminal matters. The European electronic access point shall ensure that national procedural requirements, such as forms, language and legal representation in the concerned proceedings, are respected.
Amendment 205 #
2021/0394(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Written communication between natural or legal persons, their legal representatives and competent authorities falling within the scope of the legal acts listed in Annex I, may be carried out by the following electronic means:
Amendment 221 #
2021/0394(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Hearing through videoconferencing or other distance communicataudiovisual transmission technology in civil and commercial matters
Amendment 224 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Without prejudice to specific provisions regulating the use of videoconferencing or other distance communicataudiovisual transmission technology in proceedings under the legal acts listed in Annex I, and upon request of a party to proceedings falling under the scope of these legal acts or in other civil and commercial matters where one of the parties is present in another Member State, or upon request of their legal or authorised representative, competent authorities shall allow their participation to a hearing by videoconferencing or other distance communicataudiovisual transmission technology, provided that:
Amendment 228 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the other party or parties to the proceedings were given the possibility to submit an opinion on or refuse the use of videoconferencing or other distance communication technology.
Amendment 236 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. A request for conducting an oral hearing through videoconferencing or other distance communicataudiovisual transmission technology may be refused by the competent authority where the particular circumstances of the case are not compatible with the use of such technology.
Amendment 239 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Competent authorities may on their own motion allow the participation of parties to hearings by videoconference, provided that all parties to the proceedings are given the possibility to submit an opinion on or refuse the use of videoconferencing or other distance communication technologyaudiovisual transmission technology based on justifications pertaining to the particular circumstances of the case.
Amendment 243 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. The confidentiality of communication between the parties and their lawyer before and during the hearing through videoconferencing or other audiovisual transmission technology shall be ensured at all times and in any circumstances. Any breach of this confidentiality shall result in the invalidity of the hearing, and of any information that arise from such breach.
Amendment 247 #
2021/0394(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Hearing through videoconferencing or other distance communicataudiovisual transmission technology in cross-border criminal proceedings
Amendment 250 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Where the competent authority of a Member State requests the hearing of a suspect, accused or convicted person in proceedings under the legal acts listed in Annex II, the competent authority shall allowwho are located in another Member States, the corresponding competent authority of that other Member State shall authorise their participation to the hearing by videoconferencing or other distance communicataudiovisual transmission technology, provided that:
Amendment 253 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) such technology is availablethe videoconferencing or other audiovisual transmission technology available allows for the authentication of the persons to be heard, and enables both verbal and non-verbal communications during the hearing;
Amendment 255 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a a (new)
Article 8 – paragraph 1 – point a a (new)
(a a) the hearing through videoconferencing or other audiovisual transmission technology would not be contrary to the fundamental principle of the law of the authorising state;
Amendment 256 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
(a b) the hearing through videoconferencing or other audiovisual transmission technology would not be incompatible with the authorising State’s obligations in accordance with Article 6 TEU and the Charter;
Amendment 258 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the particular circumstances of the caseand procedural needs of the case, including where relevant the need to guarantee the publicity of the criminal trial, justify the use of such technology;
Amendment 261 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the suspect, accused or convicted persons expressed consent on the use of videoconferencing or other distance communication technologywaiving their right to be present in person, and the suspect, accused or convicted persons agreed to the use of videoconferencing for that hearing. Before expressing consent on the use of videoconferencing or other distance communication technology the suspect or the accused person shall have the possibility to seek access to a lawyer to seek advice in accordance with Directive 2013/48/EU. Competent authorities shall provide suspects, accused or convicted persons with accesss to qualified translation or interpretation services, and with information about the procedure for conducting a hearing through videoconferencing or other advice of a lawyer in accordance with Directive 2013/48/EUudiovisual transmission technology, including the right to interpretation in accordance with the Directive 2010/64/EU and the right of access to legal assistance in accordance with Directive 2013/48/EU, before such persons are required to consent or object on the use of videoconferencing or other distance communication technology.
Amendment 263 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(c a) the consent of a suspect, accused or convicted person to the use of videoconferencing, is given voluntarily and unequivocally, and that the competent authority conducting the hearing by videoconferencing or other distance communication technology has verified that consent prior to starting such hearing. The consent shall be recorded in the case file, and shall be confirmed and recorded at the begining of the video- conferencing hearing. The form and the validity of the consent shall be compatible with the criminal laws of both the Member State making the request, and of the Member State authorising the request. Such consent may be withdrawn at any time during the trial.
Amendment 266 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c b (new)
Article 8 – paragraph 1 – point c b (new)
(c b) without prejudice to national law governing the procedure and time limits for submission of evidence, the technology used for the purposes of conducting the hearing through videoconferencing or other distance communication technology ensures it is possible to submit, review and examine evidence, including through the examination of witnesses.
Amendment 267 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. The competent authorities in the requesting and authorising Member States shall agree the practical arrangements of the hearing through videoconferencing or other audiovisual transmission technology.When agreeing such arrangements, the competent authority authorising the hearing through videoconferencing or other audiovisual transmission technology shall undertake to: (a) summon the suspected, accused or convicted persons to appear for the hearing in accordance with the detailed rules laid down in the law of the executing State and inform such persons about their rights under the law of the issuing State, in such a time as to allow them to exercise their rights of defence effectively; (b) ensure the identity of the person to be heard; (c) ensure that the suspected, accused or convicted persons receive materials of the case essential to safeguard the right of the defence translated into their native language.
Amendment 270 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Paragraphs 1 isand 1a are without prejudice to the provisions regulating the use of videoconferencing or other distance communication technology in the legal acts listed in Annex II.
Amendment 273 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Subject to this Regulation, the procedure for conducting a videoconference shall be regulated by the national law of the Member State conducting the videoconference.Where a hearing is held by videoconferencing or other audiovisual transmission technology, the following rules shall apply:
Amendment 274 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point a (new)
Article 8 – paragraph 3 – point a (new)
(a) the competent authority of the State authorising the hearing through videconferencing or other audiovisual transmission technology shall be present during the hearing, where necessary assisted by an interpreter, and shall also be responsible for ensuring both the identity of the person to be heard and respect for the fundamental principles of the law of the authorising State. If the competent authority in the Member State authorising the hearing through videoconferencing or other audiovisual transmission technology is of the view that during the hearing the fundamental principles of the law of their State are being infringed, it shall immediately take the necessary measures to ensure that the hearing continues in accordance with those principles;
Amendment 275 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point b (new)
Article 8 – paragraph 3 – point b (new)
(b) measures for the protection of the person to be heard shall be agreed, where necessary, between the competent authorities of the requesting State and the authorising State;
Amendment 276 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c (new)
Article 8 – paragraph 3 – point c (new)
(c) the hearing shall be conducted directly by, or under the direction of, the competent authority of the requesting State in accordance with its own laws;
Amendment 277 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point d (new)
Article 8 – paragraph 3 – point d (new)
(d) at the request of the requesting State or the person to be heard, the State authorising the hearing through videoconferenging or other audiovisual transmission technology shall ensure that the person to be heard is assisted by an interpreter;
Amendment 278 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point e (new)
Article 8 – paragraph 3 – point e (new)
(e) suspected, accused and convicted persons shall be informed in advance of the hearing of the procedural rights which would accrue to them, including the right not to testify, under the law of the requesting State and the authorising State.
Amendment 281 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The confidentiality of communication between suspects, accused or convicted persons and their lawyer before and during the hearing through videoconferencing or other distance communicataudiovisual transmission technology shall be ensured at all times and in any circumstances. Any breach of this confidentiality shall result in the invalidity of the hearing, and of any information that arise from such breach.
Amendment 283 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Before hearing a child through videoconferencing or other distance communicataudiovisual transmission technology, holders of parental responsibility as defined in Article 3, point 2 of Directive (EU) 2016/800 of the European Parliament and of the Council50 or another appropriate adult as referred to in Article 5(2) of that Directive shall be informed promptly, or a legal representative, shall be informed promptly and express consent pursuant to paragraph 1(ca) of this Article. When deciding whether to hear a child through videoconferencing or other distance communication technology, the competent authority shall take into account the best interests of the child. Equivalent guarantees to those provided in this paragraph for hearing children through videoconferencing or other audiovisual transmission technology shall apply when the hearing through videoconferencing or other audiovisual transmission technology concern vulnerable adults having notably communication and/or learning disabilities. _________________ 50 Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (OJ L 132, 21.5.2016, p. 1–20).
Amendment 285 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Where the recording of hearings is provided for under the national law of a Member State for domestic cases, the same rules shall apply also to hearings through videoconferencing or other distance communication technology in cross-border cases. Member States shall take appropriate measures to ensure that such records are secured and not publicly disseminated. Without prejudice to any measures agreed for the protection of persons, on the conclusion of the hearing, the requesting authority shall draw up minutes indicating the date and place of the hearing, the identity of the person heard, the identities and functions of all other persons in the authorising State participating in the hearing, any oaths taken and the technical conditions under which the hearing took place. The document shall be forwarded by the authority competent to authorise the hearing through videconferencing or other audivisual transmission technology, to the competent authority in the requesting State.
Amendment 287 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. A suspect, an accused and the convicted person shall have the right to an effective legal remedy under national law in the event of a breach of their rights deriving from the implementation of this Article.
Amendment 293 #
2021/0394(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where a document transmitted as part of the electronic communication under Article 5 of this Regulation requires or features a seal or handwritten signature, advanced electronic seals, advanced electronic signatures, qualified electronic seals or qualified electronic signatures as defined in Regulation (EU) No 910/2014 may be used instead.
Amendment 297 #
2021/0394(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Adoption of implementingdelegated acts by the Commission
Amendment 298 #
2021/0394(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. The Commission shall adopt implementingdelegated acts establishing the decentralised IT system, setting out the following:
Amendment 300 #
2021/0394(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1 a. The specifications, objectives and related technical requirements listed in paragraph 1 shall be established in close consultation with the relevant experts and legal practitioners.
Amendment 301 #
2021/0394(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 302 #
2021/0394(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The implementing acts establishing the decentralised IT systemdelegated acts referred to in paragraph 1 of this Article shall be adopted by: (a) [1 year after the entry into force of this Regulation] for the legal acts listed in Annex I, points 3 and 4 and the legal acts listed in Annex II, points 2, 6 and 10 (b) [2 years after the entry into force of this Regulation] for the legal acts listed in Annex I, points 1, 8 and 9 and the legal act listed in Annex II, point 11. (c) [3 years after the entry into force of this Regulation] acts for the legal acts listed in Annex I, points 6, 10, 11 and the legal acts listed in Annex II, points 3, 4, 5 and 9 shall be adopted by [5 years after the entry into force]. (d) [4 years after the entry into force of this Regulation] for the legal acts listed in Annex I, points 3 2, 5, 7 and 412 and the legal acts listed in Annex II, points 21, 67 and 108 shall be adopted by [26 years after the entry into force].
Amendment 303 #
2021/0394(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 304 #
2021/0394(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 305 #
2021/0394(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 308 #
2021/0394(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Training Member States shall ensure that the professionals concerned and competent authorities receive the necessary specialised training for the efficient use of the decentralised IT systems, and for the appropriate deployment of videoconferencing and other audiovisual transmission technologies in judicial proceedings, including in cross-border settings.
Amendment 312 #
2021/0394(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 314 #
2021/0394(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Every fivthree years after the date of application of Article 25, the Commission shall carry out an evaluation of this Regulation and present to the European Parliament and to the Council a report supported by information supplied by the Member States and collected by the Commission.
Amendment 321 #
2021/0394(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States mayshall notify the Commission if they are in a position to operate the decentralised IT system earlier than required by this Regulation. The Commission shall make such information available electronically, in particular through the European e-Justice Portal.
Amendment 339 #
2021/0394(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
It shall apply from [the first day of the month following the period of twoone years after the date of entry into force].
Amendment 75 #
2021/0375(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Article 8 TFEU establishes the principle of gender mainstreaming by which the Union should aim to eliminate gender inequalities and to promote gender equality in all its activities.
Amendment 76 #
2021/0375(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Article 21 of the Charter establishes the right to gender equality in all areas.
Amendment 78 #
2021/0375(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) A political alliance should also be recognised as a European political party when it has received at least one per cent of the votes cast in the EU-wide constituency at the most recent elections to the European Parliament as it fulfils the conditions to contribute to forming European political awareness and to expressing the will of citizens of the Union.
Amendment 84 #
2021/0375(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) For the purpose of its decisions to register, in order to ascertain that a European political party or a European political foundation complies with its obligations to observe the values on which the Union is founded, as expressed in Article 2 TEU, and that it ensures that its members observe such values, the Authority should rely on a written declaration to be issued by the European political party or European political foundation by using a template attached to this Regulation. The power of the Authority, upon request from the European Parliament, the Council or the Commission, to verify the compliance with such values should however not extend to possible breaches of those values by member parties or member organisations.
Amendment 87 #
2021/0375(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Decisions to de-register a European political party or a European political foundation on the ground of non- compliance withshould be taken in the event of a breach of the values on which the Union is founded, as expressed in Article 2 TEU, should be taken only in the event of a manifest and serious breach of those values. When taking a decision to de- register, the Authority should fully respect the Charter.
Amendment 90 #
2021/0375(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The independence and transparency of the committee of independent eminent persons should be guaranteed by ensuring, inter alia, that their members do not have a political affiliation.
Amendment 92 #
2021/0375(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The European legal status granted to European political parties and their affiliated foundations should provide them with legal capacity and recognition in all the Member States. Such legal capacity and recognition do not entitle them to nominate candidates in national elections or in national or regional constituencies in the elections to the European Parliament . Any such or similar entitlement remains under the competence of Member States.
Amendment 98 #
2021/0375(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) European political parties and, their member parties and European political foundations should lead by example in closing the gender gap in the political domain. If they wish to benefit from EU funding, European political parties and European political foundations should have internal rules promoting gender balance and they should be transparent about the gender balanceequality, including a gender equality plan and a protocol to prevent, detect and combat sexual harassment and harassment ofn their member parties. grounds of gender. In addition, European political parties should provide evidebe transparent about the gender balance onf their internal policy on gender balance andmember parties and should provide evidence on their member parties’ gender representation as regards candidates to and Member of the European Parliament . European political parties and European political foundations should also provide evidence on their internal policy on gender equality by means of an annual report. The European political parties are also encouraged to provide information in relation to their member parties’ on inclusiveness and representation of minorities.
Amendment 101 #
2021/0375(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to address the difficulties that European political parties, in particular small ones, face in achieving the 10% co- financing rate required by Regulation (EU, Euratom) No 1141/2014, the co-financing rate for European political parties should be reduced to 5%, in line with the rate for European political foundations. European political foundations, like European political parties, should be able to use any unused part of the Union contribution awarded to cover reimbursable expenditure within the financial year following its award.
Amendment 103 #
2021/0375(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) The co-financing rate for European political parties and European political foundations should be lowered to 0% in the year of the elections to the European Parliament. Eliminating the co-financing obligation in the year of the elections to the European Parliament should help European political parties increase the number and intensity of their campaign activities and, therefore, also increase their visibility at national level.
Amendment 104 #
2021/0375(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) In order to ensure that gender equality requirements are implemented appropriately, European political parties and European political foundations should dedicate at least 5% of the financial contributions or grants they receive from the general budget of the European Union to gender equality measures.
Amendment 105 #
2021/0375(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) A due diligence mechanism should be introduced to improve the transparency of large donations and to minimise the risk of foreign interference from this source. To that end, European political parties and European political foundations should request detailed identification information from their donors. The Authority should be empowered to request additional information from donors where it has grounds to believe that a donation has been granted in breach of this Regulation.
Amendment 110 #
2021/0375(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to enhance cooperation with long-standing members sharing EU values, contributions from member partiemember parties and member organisations having their seat in a country outside the Union but in the Council of Europe, should be allowedin candidate countries or potential candidates for EU membership, should be allowed, as well as their contributions. However, such contributions should be subject to a cap in relation to total contribution, to limit the risk of foreign interference.
Amendment 113 #
2021/0375(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Regulation (EU, Euratom) No 1141/2014 acknowledges only two categories of revenues for European political parties and foundations apart from contributions from the budget of the European Union, namely contributions from members and donations. A number of revenue sources generated from own economic activities (such as sales of publications or conference or workshop fees) fall outside the scope of these two categories, creating accounting and transparency problems. A third category of revenues (‘ancillary own resources’) should therefore be created. The proportion of own resources in the total budget of a European political party or foundations should be capped at 5% to avoid that it becomes overdimensioned in relation to the overall budget of these entities.
Amendment 116 #
2021/0375(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) In order to reach out to their members and constituencies across the Union, European political parties should have the right to use their funding for cross-border political campaigns, conducted in the context of elections to the European Parliament, including the setting up of union-wide lists and referendum campaigns. The funding and limitation of election expenses for parties and candidates in those campaigns should be governed by the rules applicable in each Member State.
Amendment 121 #
2021/0375(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) European political parties should not fund, directly or indirectly, other political parties and, in particular, national parties or candidates. European political foundations should not fund, directly or indirectly, European or national political parties or candidates. The prohibition of indirect funding should however not prevent European political parties or European political foundations from publicly supporting and engaging with their member parties or member organisations in the Union on issues of relevance for the Union, or to support political activities in the common interest, to be able to fulfil their mission under Article 10(4) TEU. Moreover, European political parties and their affiliated European political foundations should only finance activities in the context of national referendum campaigns when they concern the implementation of the TEU and the TFEU and act to reinforce the existence of the European demos. The prohibition of indirect funding should not prevent the participation of either representatives and staffers of political parties, nor of potentially politically active persons in events of European political foundations. Moreover, European political parties should only finance activities in the context of national referendum campaigns when they concern the implementation of the TEU and the TFEU. European political foundations should also be allowed to organise activities financed from the general budget of the European Union to support these campaigns. These principles reflect Declaration No 11 on Article 191 of the Treaty establishing the European Community annexed to the Final Act of the Treaty of Nice.
Amendment 136 #
2021/0375(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In compliance with the principle of proportionality, the obligation to publish the identity of donors who are natural persons should not apply to donations equal to or below EUR 1500 per year and per donor. Furthermore, such obligation should not apply to donations the annual value of which exceeds EUR 1500 and is below or equal to EUR 3000 unless the donor has given prior written consent to the publication. These thresholds strike an appropriate balance between, on the one hand, the fundamental right to the protection of personal data and, on the other hand, the legitimate public interest in transparency regarding the funding of European political parties and foundations, as reflected in international recommendations to avoid corruption in relation to the funding of political parties and foundations. The disclosure of donations exceeding EUR 3000 per year and per donorThe disclosure of donations should allow effective public scrutiny and control over the relations between donors and European political parties. Also in compliance with the principle of proportionality, information on donations should be published annually, except during election campaigns to the European Parliament or for donations exceeding EUR 12000, in respect of which publication should take place expeditiously.
Amendment 139 #
2021/0375(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(b) it is either recognised by, or established in accordance with, the legal order of at least one Member State, a country belonging to the Council of Europe, a candidate country or a potential candidate for EU membership;
Amendment 141 #
2021/0375(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
(4 a) ‘member organisation’ means a non-for-profit entity, irrespective of the type of membership, which participates in the governance of a European political foundation, by, inter alia, defining the strategic direction and participating in the European political foundation’s statutory meetings;
Amendment 146 #
2021/0375(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘ancillary own resources’ means income generated by own economic activities, such as conference fees andor workshop fees, sales of publications;
Amendment 151 #
2021/0375(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – point ii a (new)
Article 3 – paragraph 1 – point b – point ii a (new)
(iia) it has received at least one per cent of the votes cast in the EU-wide constituency at the most recent elections to the European Parliament;
Amendment 153 #
2021/0375(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) it observes , in particular in its programme and in its activities, the values on which the Union is founded, as expressed in Article 2 TEU, namely respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities . It provides a yearly written declaration using the template in Annex I ;
Amendment 156 #
2021/0375(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) it also ensures that its member parties having their seat in the Union observe the values expressed in Article 2 TEU and that its member parties having their seat outside the Union observe equivalent values. It provides a yearly written declaration using the template in Annex I;
Amendment 158 #
2021/0375(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) it observes , in particular in its programme and in its activities, the values on which the Union is founded, as expressed in Article 2 TEU, namely respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities . It provides a yearly written declaration using the template in Annex I ;
Amendment 162 #
2021/0375(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) it also ensures that its member organisations having their seat in the Union observe the values expressed in Article 2 TEU and that its member organisations having their seat outside the Union observe equivalent values. It provides a yearly written declaration using the template in Annex I;
Amendment 167 #
2021/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – point j
(j) its internal rules regarding gender balanceequality.
Amendment 170 #
2021/0375(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Each European political party shall transmit within fivefteen working days of the first dissemination to the Authority information concerning each political advertisement that it sponsors or publishes directly to enable the wider context of the political advertisement and its aims to be understood by citizens. That information shall include at least the information listed in point 1 of Annex II. The Authority shall, once relevant legislation obliges platforms to publish online registers containing the before mentioned information, provide for automatic forwarding of information while requiring European political parties to take or decline responsibility for listed advertisements.
Amendment 172 #
2021/0375(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Authority shall immediately, and in any case no later than five working days from receiving it, publish the information referred to in paragraph 2 in the repository provided for in Article 8. The information shall be presented in a machine-readable format as well as in a form which is easily accessible, clearly visible and user friendly, and using plain language.
Amendment 174 #
2021/0375(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall designate one or more national regulatory authorities competent to supervise compliance with paragraphs 1, 2 and 4 and notify the Authority thereof. Such national regulatory authorities or bodies shall exercise their powers impartially and transparently and be legally distinct from the government and functionally independent of their respective governments and of any other public or private body. The Authority shall publish on its website and keep updated a list of Member States’ national regulatory authorities. Decisions of national regulatory authorities shall be subject to effective legal remedies. Member States shall ensure that upon request of any interested party appropriate redress can be sought requiring the European Political Party to put an end to any violation of the obligations laid down in paragraphs 1, 2 or 4. The supervision and enforcement of any rules and obligations related to the processing of personal data, including for targeting political advertising, shall remain the competence of the supervisory authorities established pursuant to Regulation (EU) 2016/679.
Amendment 175 #
2021/0375(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i a (new)
Article 6 – paragraph 1 – point i a (new)
(ia) its internal rules regarding gender equality.
Amendment 176 #
2021/0375(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Requirements for gender equality rules 1. European political parties shall publish on their website information on the gender representation among the candidates at the last elections to the European Parliament and on the evolution of gender representation among their Members of the European Parliament. 2. European political parties and its member parties shall ensure that, in the lists they submit for the elections to the European Parliament in constituencies in which the list system is used, the difference between male and female candidates is not greater than one and lists alternate candidates by gender. 3. Collegiate governing bodies of European political parties and European political foundations shall be composed by at least 50% of women. 4. European political parties and European political foundations shall adopt a gender equality plan including mechanisms to guarantee the active participation of women in all their diversity. 5. European political parties and European political foundations shall have a protocol to prevent, detect and combat sexual harassment and harassment on the grounds of gender. For the implementation of subparagraph 1, European political parties, its member parties and European political foundations shall: (a) ensure the independence and expertise on gender equality and sexual harassment of the experts conducting investigations related to sexual harassment or harassment on the grounds of gender; (b) ensure due diligence; (c) take the necessary interim measures; (d) provide counselling and support services to victims; (e) ensure appropriate reparation measures. 6. European political parties and European political foundations shall incorporate the prohibition of acts of sexual harassment and harassment on the grounds of gender into their internal rules and shall take appropriate measures to suspend or withdraw membership of perpetrators of these acts. 7. European political parties and European political foundations shall disseminate their protocol to prevent, detect and combat sexual harassment and harassment on the grounds of gender, take action to raise awareness among their members and employees, and periodically evaluate and review the procedures established by the protocol.
Amendment 181 #
2021/0375(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b a (new)
Article 9 – paragraph 2 – point b a (new)
(b a) the gender equality plan and the protocol to prevent, detect and combat sexual harassment and harassment on the grounds of gender of the party or foundation.
Amendment 183 #
2021/0375(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If following a verification conducted under paragraph 1, the Authority findconsiders that anyone of the conditions for registration or governance provisions referred to in paragraph 1, with the exceptide- registration grounds under Article 19(1), point (a), points (i) or (ii), might apply to a European political party or a European political foundation, or the Authority has knowledge of circumstances indicating that one of the conditions inderegistration grounds under Article 319(1), point (da), andpoints (iii) or (iv), or under Article 319(2), point (c), are no longer complied with, might apply to a European political party or to a European political foundation, the Authority shall notify the European political party or foundation concernedinform the party or foundation concerned without undue delay of those deregistration grounds, and invite the party or foundation concerned to submit observations within one month.
Amendment 189 #
2021/0375(COD)
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 4
Article 11 – paragraph 3 – subparagraph 4
A decision of the Authority to de-register on grounds of non-compliance with the conditions set out in Article 3(1), points (d) or (e), or Article 3(2), points (c), may or (e), shall only be adopted in the event of manifest and serious breach of those conditions. It shall be subject to the procedure set out in paragraph 4.
Amendment 191 #
2021/0375(COD)
Proposal for a regulation
Article 11 – paragraph 4 – introductory part
Article 11 – paragraph 4 – introductory part
4. A decision of the Authority to de- register a European political party or foundation on the ground of a manifest and serious breach as regards compliance with the conditions set out in Article 3(1), points (d) or (e), or Article 3(2), points (c) or (d), shall be communicated to the European Parliament and the Council. The decision shall enter into force only if no objection is expressed by the European Parliament and the Council within a period of three months of the communication of the decision to the European Parliament and the Councilm or if, before the expiry of that period, the European Parliament and the Council have both informed the Authority that they will not object. In the event of an objection by the European Parliament and by the Council, the European political party or foundation shall remain registered.
Amendment 197 #
2021/0375(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. The committee of independent eminent persons established by Regulation (EU, Euratom) No 1141/2014 shall consist of six members, with the European Parliament, the Council and the Commission each appointing two members of which at least one shall be a woman. The members of the committee shall be selected on the basis of their personal and professional qualities. They shall neither be members or former members of the European Parliament, the Council or the Commission, nor hold any electoral mandate, belong to a national or regional party in the European Union, be officials or other servants of the European Union or be current or former employees of a European political party or a European political foundation.
Amendment 199 #
2021/0375(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) any possible manifest and serious breach of the values on which the Union is founded, as referred to in Article 3(1), points (d) and (e), and Article 3(2), points (c) and (d), by a European political party or a European political foundation;
Amendment 201 #
2021/0375(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. A European political party or a European political foundation shall lose its European legal personality upon the notification of a decision pursuant to Article 11(5) removal from the Register by a decision of the Authority: (a) if, in the context of the procedure laid down in Article 11, the Authority finds that (i) one of the conditions for registration laid down in Article 3(1), points (a),(b), (c), (f) or (g), or in Article 3(2), points (a), (b), (e), (f) or (g), is not complied with by the party or foundation in question; (ii) one of the governance provisions set out Article 4(1), points (a), (b), (d), (e), (f) or (j), or in Article 6(1), points (a) to (e), (g) or (ia), is not complied with by the party or foundation in question; (iii) the party or foundation in question is in one of the situations of exclusion referred to in Article 136(1) of Regulation (EU, Euratom) 2018/1046; (iv) the decision to register the party or foundation in question is based on information decisive for the registration decision that was incorrect or misleading and, , or where the decision has been obtained by deceit; (b) if, in the context of the procedure laid down in Article 11a, the Authority finds that the conditions for registration laid down in Article 3(1), points (d) or (e), or Article 3(2), points (c) or (d), concerning respect for the values expressed in Article 2 TEU, have been breached by the European political party in question or by its member parties or by the European political foundation in question or its member organisations; (c) at the request of the European political party or European political foundation concerned; or (d) at the request of a Member State that fulfils the requirements laid down in Article 11b(1) and (3).
Amendment 204 #
2021/0375(COD)
Proposal for a regulation
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. If a European political party or a European political foundation has seriously failed to fulfil relevant obligations under national law applicable by virtue of the first subparagraph of Article 17(2)Article 17(2), and if, in the light of the fundamental right of freedom of association enshrined in Article 12 EU Charter of Fundamental Rights and the need to ensure pluralism of political parties in Europe, that failure is serious enough to justify its de- registration, the Member State of the seat may address to the Authority a duly reasoned request for de-registration which. This request shall be duly reasoned. In particular, it shall identify precisely and exhaustively the illegal actions and the specific national requirements that have not been complied with. In such cases, the Authority shall:
Amendment 205 #
2021/0375(COD)
Proposal for a regulation
Article 19 – paragraph 3 – point b
Article 19 – paragraph 3 – point b
(b) for any other matter, and when the reasoned request ofwhere, in its request pursuant to paragraph 1, the Member State concerned confirms that all national remedies have been exhausted, decide to removeconcerning such a request have been exhausted, the Authority shall, after hearing the representative of the European political party or European political foundation concerned from, assess whether the Rde-register.ration ground under Article 19(1), point (d), applies to the European political party or European political foundation concerned
Amendment 207 #
2021/0375(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2
Article 19 – paragraph 3 – subparagraph 2
In all cases, the Authority shall act without undue delay and, in any case not later than two months. The Authority shall inform the Member State concerned and the European political party or European political foundation concerned of the follow-up given tohow the reasoned request for de-registration has been followed-up.
Amendment 210 #
2021/0375(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Financial contributions or grants from the general budget of the European Union shall not exceed 95 % of the annual reimbursable expenditure indicated in the budget of a European political party and of the eligible costs incurred by a European political foundation. European political parties and European political foundations may use any unused part of the Union contribution awarded to cover reimbursable expenditure within the financial year following its award. Amounts unused after that financial year shall be recovered in accordance with Regulation (EU, Euratom) 2018/1046 . Financial contributions in the year of elections to the European Parliament may cover 100% of the reimbursable expenditure incurred by a European political party or a European political foundation.
Amendment 212 #
2021/0375(COD)
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. At least 5 % of the financial contributions or grants from the general budget of the European Union shall be used to implement the measures laid down in Article 6a.
Amendment 213 #
2021/0375(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The European political party and the European political foundation shall , at the time of its application, comply with the obligations listed in Article 26 From the date of its application until the end of the financial year or of the action covered by the contribution or grant, it shall remain registered in the Register and shall not be the subject of any of the sanctions provided for in Article 30(1) and in Article 30(2) , points (a) (v) to (ix) .
Amendment 214 #
2021/0375(COD)
Proposal for a regulation
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3a. A European political party shall include in its application an annual report on the implementation of its rules regarding gender equality demonstrating its compliance with Article 4(1), point (j).
Amendment 216 #
2021/0375(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. A European political party shall include in its application evidence demonstrating its compliance with Article 4(1), point (j), and that its member parties havethat it has continuously published on theirits websites, during 12 months preceding the moment at which the application is made, information on the gender representation among the candidates at the last elections to the European Parliament and on the evolution of gender representation among their Members of the European Parliament.
Amendment 220 #
2021/0375(COD)
Proposal for a regulation
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
6 a. A European political foundation shall include in its application its an annual report on the implementation of its rules regarding gender equality demonstrating its compliance with Article 6(1), point (ia).
Amendment 221 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. European political parties and European political foundations may accept donations from natural or legal perspersons or non- profit organisations of up to a value of EUR 18000 per year and per donor.
Amendment 222 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 2 – introductory part
Article 23 – paragraph 2 – introductory part
2. European political parties and European political foundations shall, at the time of the submission of their annual financial statements in accordance with Article 26, also transmit a list of all donors with their corresponding donations, indicating both the nature and the value of the individual donations. This paragraph shall also apply to contributions made by member parties of European political parties and member organisations of European political foundations.
Amendment 223 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 224 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Donations received by European political parties and European political foundations and expenditure funded from those donations within six months prior to elections to the European Parliament shall be reported on a weekly basis to the Authority in writing and in accordance with paragraph 2.
Amendment 226 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. Single donations the value of which exceeds EUR 12000 that have been accepted by European political parties and European political foundations shall be immediately reported to the Authority in writing and in accordance with paragraph 2 and no later than five working days.
Amendment 228 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 5 – introductory part
Article 23 – paragraph 5 – introductory part
5. For all donations the value of which exceeds EUR 3000, European political parties and European political foundations shall request donors to provide the necessary information for their proper identification. European political parties and European political foundations shall transmit the information received to the Authority upon its request.
Amendment 232 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 6 – point d
Article 23 – paragraph 6 – point d
(d) donations from any private entities based in a third country or from individuals from a third country who are not entitled to vote in elections to the European Parliamentnon-EU citizens resident in a third country.
Amendment 240 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 9
Article 23 – paragraph 9
9. Contributions from members of a European political party that have their seat in, or are citizens or permanent residents of, a Member State or from member parties that have their seat in a country belonging to the Council of Europe, in candidate countries or potential candidates for EU membership shall be permitted. The total value of contributions from members shall not exceed 40 % of the annual budget of a European political party. The value of contributions from member parties that have their seat in a country outside the Union shall not exceed 120% of the total contributions from members.
Amendment 247 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 10 – introductory part
Article 23 – paragraph 10 – introductory part
10. Contributions from members of a European political foundation that have their seat in, or are citizens or permanent residents of, a Member State or from member organisations that have their seat in a country belonging to the Council of Europe , in candidate countries or potential candidates for EU membership, and from the European political party with which it is affiliated, shall be permitted. The total value of contributions from members shall not exceed 40 % of the annual budget of a European political foundation and shall not derive from funds received by a European political party pursuant to this Regulation from the general budget of the European Union. The value of contributions from member organisations that have their seat in a country outside the Union shall not exceed 120% of the total contributions from members.
Amendment 249 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 13
Article 23 – paragraph 13
13. The value of ancillary own resources of a European political party or of a European political foundation generated from own economic activities shall not exceed 5% of the annual budget of that European political party or European political foundation.
Amendment 250 #
2021/0375(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. Subject to the second subparagraph, the funding of European political parties from the general budget of the European Union or from any other source may be used to finance campaigns conducted by the European political parties in the context of elections to the European Parliament in which they or their members participate as required by Article 3(1), point (f) including setting up union-wide lists.
Amendment 255 #
2021/0375(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The funding of European political parties and European political foundations from the general budget of the European Union or from any other source may be used to finance referendum campaigns when those campaigns concern the implementation of the Treaties of the Union. European political foundations shall be allowed to organise activities financed from the general budget of the European Union to support these campaigns.
Amendment 263 #
2021/0375(COD)
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The Authority shall control compliance by European political parties and European political foundations with their obligations under this Regulation, in particular in relation to Article 3, Article 4(1), points (a), (b), (d), (e), (f) and (fj), of Article 6(1), points (a) to (e), (g) and (gia), Article 10(5) and (6), and Articles 23, 24 and 25.
Amendment 272 #
2021/0375(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. With a view to fully comply with the obligations referred to in Article 38, before the Authority’s final decision relating to any of the sanctions referred to in Article 30(2), points (a)(i) to (iv), (viii) and (ix), the Authority or the Authorising Officer of the European Parliament shall give the European political party or the European political foundation concerned an opportunity to introduce the measures required to remedy the situation within a reasonable period of time, which shall not normally exceed one month. In particular, the Authority or the Authorising Officer of the European Parliament shall allow the possibility of correcting clerical and arithmetical errors, providing additional documents or information where necessary or correcting minor mistakes.
Amendment 276 #
2021/0375(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. The European Parliament , under the authority of its Authorising Officer, or under that of the Authority, shall, in accordance with their respective responsibilities, make public the following on a website created for that purpose, in an open, machine readable format :
Amendment 277 #
2021/0375(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point e
Article 36 – paragraph 1 – point e
(e) the names of donors and their corresponding donations reported by European political parties and European political foundations in accordance with Article 23(2), (3) and (4), with the exception of donations from natural persons the value of which does not exceed EUR 1500 per year and per donor, which shall be reported as 'minor donations'. Donations from natural persons the annual value of which exceeds EUR 1500 and is below or equal to EUR 3000 shall not be published without the corresponding donor's prior written consent to their publication. If no such prior consent has been given, such donations shall be reported as 'minor donations'. The total amount of minor donations and the number of donors per calendar year shall also be published;
Amendment 278 #
2021/0375(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point f
Article 36 – paragraph 1 – point f
(f) the contributions referred to in Article 23(9) and (10) and reported by European political parties and European political foundations in accordance with Article 23(2), including the identity of the member parties os or member organisations which made those contributions;
Amendment 283 #
2021/0375(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
The European Parliament shall, after consulting the Authority, publishadopt by [one year after the elections to the European Parliament] a report on the application of this Regulation and on the activities funded. The report shall indicate, where appropriate, possible amendments to be made to the statute and funding systems.
Amendment 286 #
2021/0375(COD)
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2a. Article 6a, with the exception of the conditions laid down in its paragraph 1, shall enter into force two years after the entry into force of this Regulation.
Amendment 287 #
2021/0375(COD)
2b. Articles 21(3a) and 21(6a) shall not apply for applications for funding for the first 3 financial years following the entry into force of this Regulation.
Amendment 296 #
2021/0375(COD)
Proposal for a regulation
Annex II – Part 1 – indent 2
Annex II – Part 1 – indent 2
– provisional statement of the amounts spent or allocated by the European political party for the preparation, placement, publication and dissemination of the political advertisement as well as the actual amounts once known;
Amendment 297 #
2021/0375(COD)
Proposal for a regulation
Annex II – Part 1 – indent 3
Annex II – Part 1 – indent 3
Amendment 300 #
2021/0375(COD)
Proposal for a regulation
Annex II – Part 1 – indent 4
Annex II – Part 1 – indent 4
– in case targeting techniques are used, meaningful information on the techniques used, including the points provided under Annex II to Regulation 2022/xx [on the transparency and targeting of political advertising]. This is without prejudice to the information and documentation obligations pursuant to Regulation (EU) 2016/679.
Amendment 307 #
2021/0375(COD)
Proposal for a regulation
Annex II – Part 2 – indent 5 a (new)
Annex II – Part 2 – indent 5 a (new)
- in case targeting techniques are used, any information required pursuant to Regulation (EU) 2016/679.
Amendment 122 #
2021/0241(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The crypto-asset service provider of the originator should ensure that transfers of crypto-assets are accompanied by the name of the originator, the originator’s account number, where such an account exists and is used to process the transaction, and the originator’s address, official personal document number, customer identification number or date and place of birth. The crypto-asset service provider of the originator should also ensure that transfers of crypto-assets are accompanied by the name of the beneficiary and the beneficiary’s account number, where such an account exists and is used to process the transaction. The crypto-asset service provider of the originator could be allowed to refrain from transmitting such information when adequate safeguards for ensuring respect of data protection, of the principle of the rule of law and of fundamental rights cannot be ensured.
Amendment 132 #
2021/0241(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) In view of the current lack of common standards and infrastructures necessary to comply with the obligations set out in this Regulation, and in order to ensure a level playing field between crypto-asset service providers operating in this eco-system, especially SMEs and start-ups, competent authorities could grant crypto-asset service providers an additional transitional period to comply with this Regulation, where duly justified by the lack of technological capability and the scale of operations of the obliged entity.
Amendment 235 #
2021/0241(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The information referred to in paragraphs 1 and 2 does not have to be attached directly to, or be included in, the transfer of crypto-assets. shall be submitted in a secure manner and previously, simultaneously or concurrently with the transfer of crypto-assets provided that either of the following applies: (a) the crypto-asset service provider of the beneficiary is a regulated entity established within the Union; (b) the crypto-asset service provider of the beneficiary is established in a third country and is able to receive and retain the information required under this Regulation and applies adequate safeguards for ensuring data protection within the meaning of Chapter V of Regulation (EU) 2016/679. 4a. However, where the crypto-asset service provider of the originator knows, suspects or has reasonable grounds to suspect that the crypto-asset service provider of the beneficiary does not apply adequate safeguards for ensuring data protection, the crypto-asset service provider of the originator shall proceed with the execution of the transfer without transmitting the information referred to in paragraph 1 and 2. 4b. Where the crypto-asset service provider of the originator knows or has reasonable grounds to believe that the crypto-asset service provider of the beneficiary, wherever established, is owned, managed or in anyway controlled by or accessible to a government entity, within the meaning of Article 2(b) of Regulation (EU, Euratom) 2020/2092, where clear risks of serious breaches of the principle of the rule of law or serious fundamental rights violations have been identified, the crypto-asset service provider of the originator shall proceed with the execution of the transfer without transmitting the information referred to in paragraph 1 and 2. 4c. Such information shall however be retained by the crypto-asset service provider of the originator. The service provider of the originator shall inform competent authorities of the execution of the transfer without delay and make the information available to them upon request. 4d. The information referred to in paragraph 1, points (a) and (c), and paragraph 2, point (a), shall not be attached directly to, or included in, the transfer of crypto-assets.
Amendment 254 #
2021/0241(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 313 #
2021/0241(COD)
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Article 21 a Cooperation among competent authorities The exchange of information among national competent authorities and with relevant third country authorities under this Regulation is subject to the provisions laid down in Directive (EU) 2015/849. Without prejudice to the provisions on cooperation contained in that Directive (EU) 2015/849, Member States shall ensure that the exchange of information among national competent authorities and with third countries authorities is conducted in accordance with the rule of law and the fundamental rights and principles recognised by the Charter of Fundamental Rights of the European Union.
Amendment 334 #
2021/0241(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30 a Review Clause By ... [two years from the date of application of this Regulation], the Commission shall submit to the European Parliament and to the Council a report on the application and enforcement of this Regulation accompanied, if appropriate, by a legislative proposal. The report shall also include an assessment of the impact of the measures provided for in this Regulation on data protection, as well as an assessment of the need and effectiveness of introducing a de minimis threshold related to the set of information accompanying transfers of crypto-assets as per wire transfers.
Amendment 336 #
2021/0241(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31 a Transitional provisions 1. Where, due to the lack of technological capability, an obliged entity is unable to comply with the requirements laid down under this Regulation, it may request the competent authority to grant an additional transitional period to comply with the Regulation, provided that such request is duly justified. 2. The competent authority, after consultation of the EBA, may grant a transitional period up to 6 months, on a case-by-case basis, where duly justified by the lack of technological capability and the scale of operations of the obliged entity, and may require compensatory measures to restrict certain transfers of crypto-assets.
Amendment 211 #
2021/0240(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To bring AML/CFT supervision to an efficient and uniform level across the Union, it is necessary to provide the Authority with the following powers: direct supervision of a certain number of selected obliged entities of the financial sectorand non-financial sectors, including crypto-asset service providers; monitoring, analysis and exchange of information concerning ML/TF risks affecting internal market; coordination and oversight of AML/CFT supervisors of the financial sector; coordination and oversight of AML/CFT supervisors of the non- financial sector, including self-regulatory bodies and the coordination and support of FIUs.
Amendment 217 #
2021/0240(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) A seat agreement should be establishedThe arrangements concerning the seat of the Authority should be laid down in a headquarters agreement between the Authority and the host Member State, stipulating. The headquarters agreement should include the conditions of establishment of the seat and advantages conferrof the Authority and the facilities to be provided by the Member State ton the Authority and its staff. The choice of the location of the seat of the Authority should comply with the conditions laid down in this Regulation.
Amendment 219 #
2021/0240(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The powers of the Authority should allow it to improve AML/CFT supervision in the Union in various ways. With respect to selected obliged entities, the Authority should ensure group-wide compliance with the requirements laid down in the AML/CFT framework and any other legally binding Union acts that impose AML/CFT-related obligations on financial institutions. Furthermore, the Authority should carry out periodic reviews to ensure that all financial supervisors have adequate resources and powers necessary for the performance ofperform their tasks adequately. It should facilitate the functioning of the AML supervisory colleges and contribute to convergence of supervisory practices and promotion of high supervisory standards. With respect to non-financial supervisors, including self- regulatory bodies where appropriate, the Authority should coordinate peer reviews of supervisory standards and practices and request non-financial supervisors to investigate possible breaches of AML/CFT requirements. In addition, the Authority should coordinate the conduct of joint analyses by FIUs and make available to FIUs IT and artificial intelligence services and tools for secure information sharing, including through hosting of FIU.net. The IT and artificial intelligence services and tools made available by the Authority, should be human-centred and should be guided by the principles of transparency, explainability, accountability and responsibility.
Amendment 223 #
2021/0240(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the important role of thematic reviews in AML/CFT supervision across the Union as they enable to identify and compare the level of exposure to risks and trends in relation to obliged entities under supervision, and that currently supervisors in different Member States do not benefit from these reviews, it is necessary that the Authority identifies national thematic reviews that have a similar scope and time-frame and ensures their coordination at the level of the Union. To avoid situations of possibly conflicting communications with supervised entities, the coordination role of the Authority should in principle be limited to interaction with relevant supervisory authorities, and should not include any direct interaction with non- selected obliged entities, unless agreed otherwise with national supervisors or in case of insufficient action taken by the national authority with respect to an obliged entity breaching AML/CFT rules. For the same reason, the Authority should explore the possibility of aligning or synchronising the timeframe of the national thematic reviews and facilitate any activities that the relevant supervisory authorities may wish to carry out jointly or similarly.
Amendment 226 #
2021/0240(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The efficient usage of data leads to better monitoring and compliance of firms. Therefore, both direct and indirect supervision by the Authority and supervisory authorities of all obliged entities across the system should rely on expedient access to relevant data and information about the obliged entities themselves and the supervisory actions and measures taken towards them. To that end, the Authority should establish a central AML/CFT database with information collected from all supervisory authorities, and should make such information selectively available to any supervisory authority within the system. This data should also cover withdrawal of authorisation procedures, fit and proper assessments of shareholders and members of individual obliged entities as this will enable relevant authorities to duly consider possible shortcomings of specific entities and individuals that might have materialised in other Member States. The database should also include risk indicators of obliged entities, qualitative information regarding the supervisory plans and priorities of the Authority and statistical information about supervisory and other public authorities involved in AML/CFT supervision. Such information would enable effective oversight by the Authority of the proper functioning and effectiveness of the AML/CFT supervisory system. The information from the database would enable the Authority to react in a timely manner to potential weaknesses and cases of non-compliance by non-selected obliged entities. Pursuant to Article 24 of Council Regulation (EU) 2017/193934 , the Authority will without undue delay report to the EPPO any criminal conduct in respect of which it could exercise its competence in accordance with Article 22 and Article 25(2) and (3) of that Regulation. Pursuant to Article 8 of Regulation 883/201335 , the Authority will transmit to OLAF without delay any information relating to possible cases of fraud, corruption or any other illegal activity affecting the financial interests of the Union. _________________ 34 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1). 35 Regulation (EU, EURATOM) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1073/1999 (OJ L 248, 18.9.2013, p. 1).
Amendment 234 #
2021/0240(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Under exceptional circumstances and after having informed the supervisory authority, the Authority may also require information directly to non-selected obliged entities concerned. Such information should not contain personal data.
Amendment 236 #
2021/0240(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) With the objective of ensuring a more effective and less fragmented protection of the Union’s financial framework, a limited number of the riskiest obliged entities should be directly supervised by the Authority. As ML/TF risks are not proportional to the size of the supervised entities, other criteria should be appidentifying selected obliged to identify the most risky entitiesentities should primary rely on risk based criteria. In particular, twohree categories should be considered: high-risk cross- border credit and financial institutions, including crypto-asset service providers, with activity in a significant number of Member States, selected periodically; non-financial entities representing a significant market share in their Member States of origin, with activity in a significant number of Member States and which poses material AML/CFT risks and, in exceptional cases, any entity whose material breaches of applicable requirements are not sufficiently or in a timely manner addressed by its national supervisor. Those entities would fall under the category of ‘selected obliged entities’. In addition, the Authority should also supervise credit and financial entities or crypt-asset service providers that belong to a group which parent entity is headquartered in a third country targeted by EU restrictive measures.
Amendment 239 #
2021/0240(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The first two categoryies of credit and financial institutions, or groups of such institutionobliged entities should be assessed in principle every three years, based on a combination of objective criteria related to their cross- border presence and activity, and criteria related to their inherent ML/FT risk profile. Only large complex financial groups present in a number of Member States that could be more efficiently supervised at Union level should be included in the selection process. With respect to credit institutions, minimal cross-border presence for inclusion in the selection process should be based on the number of subsidiaries and branches in different Member States, because risky banking activities of significant volume require a local presence in a form of an establishment. Other financial sector entities may, in contrast, carry out activities that can be sufficiently risky from an ML/TF perspective by means of direct provision of services, for example via a network of agents, but may not have established subsidiaries or branches in a large number of Member States. Therefore, applying the same cross-border criteria, that is to say the one related to freedom of establishment, would result in scoping out large financial sector entities that can have a significant risk profile in a number of Member States, without being established there. Since the volume of activities via direct provision of services is generally smaller than the volume of activities carried out in a branch or a subsidiary, it is appropriate to consider only groups that are established in at least two Member States, but provide services directly or via a network of agents in at least eight more Member StatesAdditional assessment of obliged entities could be carried out if the Authority deems it necessary.
Amendment 246 #
2021/0240(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure that only the riskiest obliged entities among those with significant cross-border operations are supervised directly at the level of the Union, the assessment of their inherent risk should be harmonised. Currently, there are various national approaches and supervisory authorities use distinct benchmarks for assessment and classification of inherent ML/TF risk of obliged entities. Using these national methodologies for selection of entities for direct supervision at Union level could lead to a different playing field among them. Therefore, the Authority should be empowered to develop regulatory technical standards laying out a harmonised methodology and benchmarks for categorising the inherent ML/TF risk as low, medium, substantial, or high. The methodology should be tailored to particular types of risks and therefore should follow different categories of obliged entities which are financial institutions in accordance with the Regulation of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing [OP please insert the next number for COM(2021)420]. That methodology should be sufficiently detailed and should establish specific quantitative and qualitative benchmarks considering at least the risk factors related to types of customers served, products and services offered, and geographical areas, including third country jurisdictions that obliged entities operate in or are related to. Specifically, each assessed obliged entity would have its inherent risk profile classified in each Member State where it operates in a manner consistent with the classification of any other obliged entity in the Union. The quantitative and qualitative benchmarks would allow such classification to be objective and not dependent on the discretion of a given supervisory authority in a Member State, or the discretion of the Authority.
Amendment 250 #
2021/0240(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The final selection criterion should warrant a level playing field among directly supervised obliged entities, and to that end, no discretion should be left to the Authority or supervisory authorities in deciding on the list of obliged entities that should be subject to direct supervision. Therefore, where a given assessed obliged entity operates cross-border and falls within the high risk category in accordance with the harmonised methodology in a minimum number of Member States, it should be deemed a selected obliged entity. In case of credit institutions, the cross- border aspect should be addressed by including those credit institutions that are classified as high risk in at least four Member States and where in at least one Member State of those four the entity has been under supervisory or other public investigation for material breaches of AML/CFT requirements. In case of other financial institutions, the cross-border aspect should be addressed by including those financial institutions that are classified as high risk in at least one Member State where they are established and at least five other Member States where they operate by means of direct provision of services.
Amendment 254 #
2021/0240(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) To provide transparency and clarity to the relevant institutions, the Authority should publish a list of the selected obliged entities within one month of commencement of a selection round, after verifying the correspondence of information provided by the financial supervisors to the cross-border activities criteria and the inherent risk methodology. Therefore it is important that at the beginning of each selection period, the relevant financial supervisors provide the Authority with up-to-date statistical information to determine the list of financial institutionobliged entities eligible for assessment in accordance with the assessment entry criteria relating to their cross-border operations. In this context, the financial supervisors should inform the Authority about the inherent risk category that a financial institutionobliged entity falls into in their jurisdictions in accordance with the methodology laid down in the regulatory technical standards. The Authority should then assume the tasks related to direct supervision five months after the publication of the list. That time is needed to appropriately prepare the transfer of supervisory tasks from national to Union level, including the formation of a joint supervisory team, and adopting any relevant working arrangements with the relevant financial supervisors.
Amendment 255 #
2021/0240(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The relevant actors involved in the application of the AML/CFT framework should cooperate with each other in accordance with the duty of sincere cooperation enshrined in the Treaties. In order to ensure that the AML supervisory system composed of the Authority and supervisory authorities functions as an integrated mechanism, and that jurisdiction-specific risks and local supervisory expertise are duly taken into account and well utilised, direct supervision of selected obliged entities should take place in the form of joint supervisory teams. These teams should be led by a staff member of the Authority coordinating all supervisory activities of the team. To ensure an adequate understanding of possible national specificities, the team leader (‘JST coordinator’) shouldmay be stationed in the Member State where a selected entity has its headquarter. Unless justified, the JST coordinator should not be from the country where the selected obliged entity is located. The Authority should be in charge of establishment and composition of the joint supervisory team, and the local supervisors should ensure that a sufficient number of their staff members are appointed to the team, taking into account the risk profile of the selected entity in their jurisdiction.
Amendment 256 #
2021/0240(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Authority should have the power to require actions, internal to the entity, to enhance the compliance of obliged entities with the AML/CFT framework, including reinforcement of internal procedures and changes in the governance structure, going as far as removal of members of the management body, without prejudice to the powers of other relevant supervisory authorities of the same selected entity. Following relevant findings related to non-compliance or partial compliance with applicable requirements by the obliged entity, it should be able to impose specific measures or procedures for particular clients or categories of clients who pose high risks. On-site inspections should be a regular feature of such supervision. If a specific typegeneral investigations ofr on-site inspections requires an authorisation by the national judicial authority, such authorisation should be applied for by the Authority.
Amendment 259 #
2021/0240(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In addition to supervisory powers and in order to ensure compliance, in cases of material breaches of directly applicable requirements, the Authority should be able to impose administrative pecuniary sanctions on the selected obliged entities. Such sanctions should be proportionate and dissuasive, should have both punitive and deterrent effect, and should comply with the principle of ne bis in idem. The maximum amounts of pecuniary sanctions should be in line with those established by [please insert reference – 6th Anti-Money Laundering Directive] and available to all supervisory authorities across the Union. The basic amounts of these sanctions should be determined within the limits established by the AML/CFT framework, taking into account the nature of the requirements that have been breached. In order for the Authority to take aggravating or mitigating factors adequately into account, adjustments to the relevant basic amount should be possible. With the objective to achieve a timely change of the damaging business practice, the Executive Board of the Authority should be empowered to impose periodic penalty payments to compel the relevant legal or natural person to cease the relevant conduct. With the aim to heighten awareness of all obliged entities, by encouraging them to adopt business practices in line with the AML/CFT framework, the sanctions and penalties should be disclosed. The Court of Justice should have jurisdiction to review the legality of decisions adopted by the Authority, the Council and the Commission, in accordance with Article 263 TFEU, as well as for determining their non-contractual liability.
Amendment 262 #
2021/0240(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Certain obliged entities in the financial sector that do not meet the requirements for regular selection might still have a high inherent profile from the money laundering and terrorism financing perspective, or might take on, change or expand activities that entail high risk, not mitigated with a commensurate level of internal controls, thus leading to material breaches of its AML/CFT requirements. If there are indications of possible material breaches of applicable AML/CFT requirements, they may be a sign of gross negligence on part of the obliged entity. The supervisory authority should in most cases be able to adequately respond to any possible breaches and prevent the risks from materialising and leading to gross negligence of AML/CFT requirements. However, in certain cases a national level response might not be sufficient or timely, especially when there are indications that material breaches at the level of the entity have already occurred. In those cases, the Authority should be able to request the local supervisor to take specific measures to remedy the situation, including requesting to issue financial sanctions. To prevent money laundering and terrorism risks from materialising, the deadline for action at national level should be sufficiently short.
Amendment 264 #
2021/0240(COD)
(29) The Authority should have the opportunity to request a transfer of supervisory tasks andexercise itself all powers relating to a specific obliged entity on its own initiative in case of inaction or failure to follow its instructions within the provided deadline. Since the transfer of tasks and powers over an obliged entity without the specific request of the financial supervisor to the Authority would require a discretionary decision on the part of the Authority, the Authority should address a specific request to that end to the Commission. In order for the Commission to be able to take a decision coherent with the framework of the tasks allocated to the Authority within the AML/CFT framework, the requestThe Authority should notify the Commission and the European Parliament. The notification of the Authority should enclose an appropriate justification, and should indicate a precise duration of the reallocationexercise of tasks and powers towardshrough the Authority. The timeframe for the reallocation of powersexercise of powers through the Authority should correspond to the time the Authority requires to deal with the risks at entity level, and should initially not exceed three years. The Commission should adopt a decision transferring powers and tasks for supervising the entity to the Authority swiftly, and in any case within a monthperiod during which the obliged entity is under direct supervision of the Authority could be extended if necessary. In such case, the Authority should provide sufficient justification to the national authority and to the Commission.
Amendment 266 #
2021/0240(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to improve supervisory practices in the non-financial sector, the Authority should carry out peer reviews of supervisory authorities in the non-financial sector, including public authorities overseeing self-regulatory bodies (SRBs), and publish reports with its findings; those could be accompanied by guidelines or recommendations addressed to the relevant public authorities, including public authorities overseeing SRBs. SRBs should be able to participate in peer reviews on a case-by-case basis where they have expressed their willingness to participate. The Authority should make public whether supervisory authorities and obliged entities comply with the guidelines and recommendations it has issued.
Amendment 268 #
2021/0240(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to analyse suspicious activity affecting multiple jurisdictions, the relevant FIUs that received linked reports should be able to efficiently conduct joint analyses of cases of common interest. To this end, the Authority should be able to propose, coordinate and support with all appropriate means the joint analyses of cross-border suspicious transactions or activities. The joint analyses should be triggered where there is a need to conduct just such joint analyses pursuant to the relevant provisions in Union law. UpIn addition, the explicit consent of the FIUs participating in the joint analyses, tAuthority should develop guidelines to define the main criteria to identify the need for a joint analysis. The Authority should also be empowered to settle potential disagreements between the participating FIUs. The staff of the Authority supporting the conduct of joint analyses should be able to receive and process all necessary data and information, including the data and information pertaining to the analysed cases.
Amendment 269 #
2021/0240(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to improve the effectiveness of and the need for the joint analyses, the Authority should be able to initiate reviews ofestablish, review and update the methods, procedures and conduct of the joint analyses, with the aim of determining the lessons learnt and of improving and promoting these analyses. The feedback on the joint analysis should enable the authority to issue conclusions and recommendations which would ultimately lead to the regular refinement and improvement of the methods and procedures for the conduct of joint analyses.
Amendment 270 #
2021/0240(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The Authority should manage, host, and maintain FIU.net, the dedicated IT system allowing FIUs to cooperate and exchange information amongst each other and, where appropriate, with their counterparts from third countries and third parties. The Authority should, in cooperation with Member States, keep the system up-to-date. To this end, the Authority should, in consultation with the EDPS, ensure that at all times the most advanced available state-of-the- art technology is used for the development of the FIU.net, subject to a cost-benefit analysis. and to data protection and fundamental rights impact assessments. The Authority should also ensure that the technology used is human-centred and guided by the principles of transparency, explainability, accountability and responsibility.
Amendment 275 #
2021/0240(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) In order to ensure a sufficient convergence of practices and wide spreading of best practices, the Authority should conduct regular peer reviews of the national FIUs. To this end, the Authority should establish ad hoc peer review committees composed of staff from the Authority and members of FIUs. The findings of these reviews should only be shared with FIUs and the Commission.
Amendment 276 #
2021/0240(COD)
Proposal for a regulation
Recital 36 b (new)
Recital 36 b (new)
(36b) To ensure a smooth coordination between FIUs, the Authority should act as a mediator in case of disagreement between FIUs on matters related to cross- border cases or operational activities related to the Authority tasks and responsibilities. The Authority and FIUs should also provide feedback on the use of information that have been requested to other FIUs or to the Authority
Amendment 277 #
2021/0240(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The establishment of a solid governance structure within the Authority is essential for ensuring effective exercise of the tasks granted to the Authority, and for an efficient and objective decision- making process. Due to the complexity and variety of the tasks conferred on the Authority in both the supervision and FIU areas, the decisions cannot be taken by a single governing body, as is often the case in decentralised agencies. Whereas certain types of decisions, such as decisions on adoption of common instruments, need to be taken by representatives of appropriate authorities or FIUs, and respect voting rules of the TFEU, certain other decisions, such as the decisions towards individual selected obliged entities, or individual authorities, require a smaller decision- making body, whose members should be subject to appropriate accountability arrangements. Therefore, the Authority should comprise a General Board, and an Executive Board composed of five full- time independent members and of, the Chair of the Authority, a Civil Society Advisory Body and a FIUs Coordination Committee.
Amendment 278 #
2021/0240(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to ensure the relevant expertise, the General Board should have two compositions. For all the decisions on the adoption of acts of general application such as the regulatory and implementing technical standards, guidelines, recommendations, and opinions relating to FIUs, it should be composed of the heads of FIUs of Member States (‘General Board in FIU composition’). For the same types of acts related to direct or indirect supervision of financial and non-financial obliged entities, it should be composed of the heads of AML/CFT supervisors which are public authorities (‘General Board in supervisory composition’). All parties represented in the General Board should make efforts to limit the turnover of their representatives, in order to ensure continuity of the Board's work. All parties should aim to achieve a balanced representation between men and womenensure gender balance on the General Board.
Amendment 279 #
2021/0240(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) For a smooth decision making process, the tasks should be clearly divided: the General Board in FIU composition should decide on the relevant measures for FIUs, the General Board in supervisory composition should decide on delegated acts, guidelines and similar measures for obliged entities. The General Board in supervisory composition should also be able to provide its opinion and advice to the Executive Board on all draft decisions towards individual selected obliged entities proposed by the Joint Supervisory Teams. In absence of such opinion or advice, the decisions should be taken by the Executive Board. Whenever the Executive Board deviates from the advice provided by the General Board in supervisory composition in the final decision, it should explain the reasons thereof in writing. In order to ensure a smooth decision-making process, a FIUs coordination Committee should be established to prepare the decisions to be taken at the level of the General Board in FIU composition.
Amendment 280 #
2021/0240(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) For the purposes of voting and taking decisions, each Member State should have one voting representative. Therefore, the heads of public authorities should appoint a permanent representative as the voting member of the General Board in supervisory composition. Alternatively, depending on the subject-matter of the decision or agenda of a given General board meeting, public authorities of a Member State may decide on an ad-hoc representative. In their appointments to the General Board, the public authorities of Member States shall ensure gender balance, in particular with regard to the composition of the Board as a body. The practical arrangements related to decision- making and voting by the General Board members in supervisory composition should be laid down in the Rules of Procedure of the General Board, to be developed by the Authority.
Amendment 282 #
2021/0240(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The Chair of the Authority should chair the General Board meetings and have a right to vote when decisions are taken by simple majority. The Commission should be a non-voting member on the General Board. A representative of the Civil Society Advisory Body should be entitled to participate as an observer. To establish good cooperation with other relevant institutions, the General Board should also be able to admit other non-voting observers, such as a representative of the Single Supervisory Mechanism and of each of the three European Supervisory Authorities (EBA, EIOPA and ESMA) for the General Board in its Supervisory Composition and Europol, the EPPO and Eurojust for the General Board in its FIU composition, where matters that fall under their respective mandates are discussed or decided upon. In order to ensure that the General Board avails itself of plurality of expertise when taking its decisions, in both supervisory and FIU composition, other organisations dealing with AML/CTF should be invited in consultative capacity at its meetings. To allow a smooth decision making process, decisions of the General Board should be taken by a simple majority, except for decisions concerning draft regulatory and implementing technical standards, guidelines and recommendations which should be taken by a qualified majority of Member State representatives in accordance with voting rules of the TFEU. For the purposes of transparency of decisions adopted by the General Board, the Authority should provide the European Parliament with the records of the proceedings of the meetings.
Amendment 284 #
2021/0240(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The governing body of the Authority should be the Executive Board composed of the Chair and the Vice-Chair of the Authority and of five full time members, appointed by the General Board based on the gender-based shortlist by the Commission, after the approval of the European Parliament. With the aim of ensuring a speedy and efficient decision making process, the Executive Board should be in charge of planning and execution of all the tasks of the Authority except where specific decisions are explicitly allocated to the General Board. In order to ensure objectivity and appropriate rapidity of the decision-making process in the area of direct supervision of the selected obliged entities, the Executive Board should take all binding decisions addressed to selected obliged entities. In addition, together with a representative of the Commission the Executive Board should be collectively responsible for the administrative and budgetary decisions of the Authority. The consent of the Commission should be required when the Executive Board is taking decisions related to the budget administration, procurement, recruitment, and audit of the Authority, given that a portion of funding of the Authority will be provided from Union budget.
Amendment 286 #
2021/0240(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) To allow for swift decisions, all decisions of the Executive Board, including the decision where the Commission has a right to vote, should be taken by simple majority, with the Chair holding a casting vote in case of a tied vote. To ensure sound financial management of the Authority, the Commission’s consent should be required for decisions related to budget, administration and recruitment. The voting members of the Executive Board other than the Chair or the Vice-Chair should be selected by the General Board, based on a gender-based short-list established by the Commission., after having received approval of the European Parliament. Should the Parliament consider that the selected candidates do not meet the relevant qualification criteria, the selection procedure should recommence
Amendment 288 #
2021/0240(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure the independent functioning of the Authority the five Members of the Executive Board, the Chair and the Vice-Chair of the Authority should act independently and in the interest of the Union as a whole. They should behave, both during and after their term of office, with integrity and discretion as regards the acceptance of certain appointments or benefits. To avoid giving any impressionIn order to avoid that a Member of the Executive Board might use its position as a Member of the Executive Board of the Authoritypotentially uses his or her position to get a high-ranking appointment in the private sector after his term of office and to prevent any post-public employment conflicts of interests, a cooling-off period for the five Members of the Executive Board, including the Chair or the Vice- Chair of the Authority, should be introduced in a way that they do not acquire any role that may give rise to any conflict of interests or situations which may objectively be perceived as a conflict of interests.
Amendment 290 #
2021/0240(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The Chair and the Vice-Chair of the Authority should be appointed on the basis of a gender-balanced shortlist of candidates proposed by the Commission based on objective criteria by the Council after approval by the European Parliament. He or sheThe shortlisted candidates should be heard by the competent committees prior to their approval by the Parliament. The Chair and, when he or she is prevented from attending to his or her duties the Vice-Chair, should represent the Authority externally and should report on the execution of Authority’s tasks.
Amendment 291 #
2021/0240(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The Executive Director of the Authority should be appointed by the Executive Board based on a gender-based shortlist from the Commission, after approval by the European Parliament. The Executive Director of the Authority should be a senior administrative official of the Authority, in charge of the day-to-day management of the Authority, and responsible for budget administration, procurement, and recruitment and staffing.
Amendment 294 #
2021/0240(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) To ensure close involvement of the representatives of the civil society, given the nature and extent of the powers exercised by the Authority, the Authority should set up a Civil Society Advisory Body, with the support of the Commission. Its composition should be determined by the General Board after consultation with the European Parliament. Such advisory body should be consulted regularly, and in any case whenever the Authority is required by the regulation to conduct public consultation with regard to the adoption of regulatory technical standards, implementing technical standards or when issuing guidelines and recommendations. Such consultation should be conducted unless justified on the grounds of urgency or proportionality. The Body's members should offer guarantees of acting in independent and objective manner and be provided with sufficient resources and expertise commensurate with its tasks.
Amendment 295 #
2021/0240(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) It is necessary to provide the Authority with the requisite human, financial resources and advanced IT tools accompanied by adequate safeguards so that it can fulfil the objectives, tasks and responsibilities assigned to it under this Regulation. In order to ensure that the Authority can respond flexibly to human resource needs, it is in particular appropriate that it has autonomy regarding the recruitment of contract agents. To guarantee the proper functioning of the Authority, funding should be provided by a combination of fees levied on certain obliged entities and a contribution from the Union budget, depending on the tasks and functions. The budget of the Authority should be part of the Union budget, confirmed by the Budgetary Authority on the basis of a proposal from the Commission. The Authority should submit to the Commission a draft budget and an internal financial regulation for approval.
Amendment 298 #
2021/0240(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) To ensure that the Authority can also fulfil its tasks as direct and indirect supervisor of obliged entities, an adequate mechanism for the determination and the collection of the fees should be introduced. As regards the fees levied on selected obliged entities and certain non-selected obliged entities, the methodology for their calculation and the process of collection of fees should be developed in a delegated act of the Commission. The methodology should be based on the risk of the directly and indirectly supervised entities as well as their turnover or revenue. The methodology established should ensure sufficient and stable revenue for the Authority in order to enable the Authority with the duties it is entrusted to.
Amendment 306 #
2021/0240(COD)
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61a) For the purposes of this Regulation, when the notion of competent authorities refers to investigating and prosecuting authorities, it shall be interpreted as including the central and decentralised levels of the European Public Prosecutor's Office (EPPO) with regard to the Member States that participate in the enhanced cooperation on the establishment of the EPPO.
Amendment 307 #
2021/0240(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) Since both predicate offenses as well as the crime of money laundering itself often are of global nature, and given that the Union obliged entities also operate with and in third countries, effective cooperation with all the relevant third country authorities in the areas of both supervision and functioning of FIUs are crucial for strengthening the Union AML/CFT framework. Given the Authority’s unique combination of direct and indirect supervision and FIU cooperation-related tasks and powers, it should be able to take an active role in such external cooperation arrangements. Specifically, the Authority should be empowered to develop contacts and enter into administrative arrangements with authorities in third countries that have regulatory, supervisory and FIU-related competences. These contacts and administrative arrangements should be public. The Authority’s role could be particularly beneficial in cases where the interaction of several Union public authorities and FIUs with third country authorities concerns matters within the scope of the Authority’s tasks. In such cases, the Authority should have a leading role in facilitating this interaction.
Amendment 308 #
2021/0240(COD)
Proposal for a regulation
Recital 62 a (new)
Recital 62 a (new)
(62a) For the purpose of identifying third countries with strategic deficiencies or compliance weaknesses in their AML/CFT regime and posing a threat to the Union’s financial system, the Authority should assess the risks and threats stemming from third countries taking into account specific criteria. The Authority should notify the outcome of its assessment to the Commission and simultaneously disclose it on its website. As a matter of principle, the Commission should fully include the countries identified by the Authority in its Delegated Acts.
Amendment 309 #
2021/0240(COD)
Proposal for a regulation
Recital 62 b (new)
Recital 62 b (new)
(62b) Following a request from the European Parliament, the Council, the Commission or a financial supervisor or on its own initiative, the Authority should conduct analysis based on specific criteria for the purpose of identifying third country entities posing a threat to the Union’s financial system. Based on the assessment by the Authority, the Commission should adopt a Delegated Act identifying the third-country entities posing a threat to the Union’s financial system and empowering the financial supervisor and the Authority to take action.
Amendment 312 #
2021/0240(COD)
Proposal for a regulation
Recital 64 a (new)
Recital 64 a (new)
(64a) At five-yearly intervals after the Authority becomes fully operational, the Commission should conduct a thorough review of the Authority’s performance in relation to its mandate, objectives, tasks and sufficiency of funding.
Amendment 323 #
2021/0240(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘selected obliged entity’ means a credit institution, a financial institution, or a group of credit or financial institutions at the highest level of consolidation in the Union, or crypto-asset service providers or any other entity which is under direct supervision by the Authority pursuant to Article 13;
Amendment 324 #
2021/0240(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘non-selected obliged entity’ means a credit institution, a financial institution, or a group of credit institutions or financial institutions at the highest level of consolidation in the Union,ny obliged entity other than a selected obliged entity;
Amendment 336 #
2021/0240(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point d a (new)
Article 2 – paragraph 1 – point 5 – point d a (new)
(da) a supervisory authority as defined in article 13 (10) of Directive EU 2009/138/EC.
Amendment 346 #
2021/0240(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Authority shall have its seat in […] choice of the location of the seat of the Authority shall comply with the following conditions: (a) it shall provide a high quality of the national AML/CFT framework; (b) it shall benefit from the experience of national, regional and local authorities; (c) it shall ensure an equitable geographical distribution of EU authorities amongst Member States; (d) it shall not affect the Authority’s execution of its tasks and powers, the organisation of its governance structure, the operation of its main organisation, or the main financing of its activities; (e) it shall ensure that the Authority is able to recruit the high-qualified and specialised staff it requires to perform the tasks and exercise the powers provided by this Regulation; (f) it shall make available high qualify staff training centre(s) for AML/CFT activities, adequate security, reputation and background; (g) it shall ensure that it can be set up on site upon the entry into force of this Regulation; (h) it shall ensure appropriate accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses.
Amendment 356 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) contribute to the establishment of the list of high risk third countries as defined in [add reference to AML Regulation]
Amendment 361 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) establish a central AML/CFT database of information collected from supervisors and supervisory authorities and keep it up to date;
Amendment 362 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(da) establish a non-exhaustive public register of non-EU crypto-asset service providers that are not registered or licensed, based on information submitted by the competent authorities or third countries supervisors or on information in its possess and keep it up to date;
Amendment 364 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) manage and maintain the European Asset Data (EAD) single access point as referred to in [insert reference proposal for 6th Anti-Money Laundering Directive], providing at least to competent authorities, a minimum set of information, in a predefined format, including beneficial ownership information available.
Amendment 366 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) monitor and support the implementation of asset freezes under the Union restrictive measures across the internal market;across the internal market of the measures adopted under the Union restrictive measures, including asset freezes and transactions ban, and publish data sets on asset freezes and confiscations
Amendment 375 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) ensure group-wide compliance with the requirements applicable to the selected obliged entities pursuant to legislative acts referred to in Article 1(2), and any other legally binding Union acts that impose AML/CFT-related obligations on financial institutions and non-financial entities;
Amendment 377 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a a (new)
Article 5 – paragraph 2 – point a a (new)
(aa) set-up colleges of supervisors for selected obliged entities, to ensure a sufficient level of coordination with supervisory authorities of Member States in which the selected obliged entity operates;
Amendment 384 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point b
Article 5 – paragraph 3 – point b
(b) carry out periodic reviews to ensure that all financial supervisors have adequate resources and powers necessary for the performance ofperform their tasks in the area of AML/CFT adequately;
Amendment 385 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point b a (new)
Article 5 – paragraph 3 – point b a (new)
(ba) request financial supervisors to investigate possible breaches of requirements applicable to obliged entities and to consider imposing sanctions or remedial actions in respect of such breaches;
Amendment 393 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point g
Article 5 – paragraph 3 – point g
(g) provide assistance to financial supervisors, following their specific requests, including the requests to settle any disagreements on the measures to be takfor mediation in case of any disagreement between fin relation to an obliged entity.ancial supervisors
Amendment 402 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point d
Article 5 – paragraph 4 – point d
(d) carry out periodic reviews to ensure that all non-financial supervisors have adequate resources and powers necessary for the performance ofperform all their tasks in the area of AML/CFT adequately;
Amendment 403 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point d a (new)
Article 5 – paragraph 4 – point d a (new)
(da) perform assessments of the strategies, capacities and resources of non-financial supervisors in the area of AML/CFT and make the results of such assessments available to all relevant non- financial supervisors;
Amendment 406 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point f a (new)
Article 5 – paragraph 4 – point f a (new)
(fa) coordinate staff and information exchanges among non-financial supervisors in the Union.
Amendment 412 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point c a (new)
Article 5 – paragraph 5 – point c a (new)
(ca) Issue guidelines and recommendations in case of identified vulnerabilities or deficiencies that are not sufficiently addressed
Amendment 413 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point d a (new)
Article 5 – paragraph 5 – point d a (new)
(da) provide assistance to FIUs, following their specific requests, including the requests for mediation in case of disagreement;
Amendment 414 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
(e) develop and make available to FIUs IT and artificial intelligence services and tools for secure information sharing, including by hosting FIU.net pursuant article 37 of this Regulation ;
Amendment 422 #
2021/0240(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) to issue guidelines and recommendations, as provided in Article 43;
Amendment 423 #
2021/0240(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) to issue requests to act and instructions on measures that should be taken towards non-selected obliged entities pursuant to Section 4 of Chapter II.
Amendment 426 #
2021/0240(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(ca) to exercise tasks and powers in exceptional circumstances pursuant Article 30
Amendment 430 #
2021/0240(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
(c) to obtain and process information and data required for theinitiating and coordination ofng joint analyses as specified in Article 33;
Amendment 431 #
2021/0240(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point d
Article 6 – paragraph 3 – point d
(d) to issue guidelines and recommendations, as provided in Article 43.
Amendment 433 #
2021/0240(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. When exercising the powers provided for in paragraph 4, and in accordance with Article 24 of Council Regulation(EU) 2017/1939, the Authority shall without undue delay inform the EPPO of any criminal conduct in respect of which it could exercise its competence in accordance with Article 22 and Article 25(2) and (3) of that Regulation. Pursuant to Article 8 of Regulation 883/2013 , the Authority shall transmit to OLAF without delay any information relating to possible cases of fraud, corruption or any other illegal activity affecting the financial interests of the Union. Following-up on the initial information, on its own initiative or upon request and in accordance with the respective legal framework, the Authority shall provide the EPPO, or the competent national judicial or law enforcement authority, with any other connected information.
Amendment 434 #
2021/0240(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The Authority may temporarily prohibit or restrict the provision of certain banking, investment or crypto-asset services or activities that may pose a threat to the Union’s financial system, or, if so required, in the case of an emergency situation in accordance with, and under the conditions laid down in, Article 30. The Authority shall review the decision referred to in the first subparagraph at appropriate intervals and at least every six months. Based on proper analysis which aims to assess the impact on the customer or consumer, the Authority may decide to lift the prohibition or restriction.
Amendment 440 #
2021/0240(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Authority and supervisory authorities shall be subject to a duty of cooperation in good faith, and to an obligation to exchange information, including regarding internal policies, controls and procedures related to politically exposed persons and suspicious transactions reports .
Amendment 458 #
2021/0240(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where the scope and Union-wide relevance of thematic reviews justify coordination at Union level, they shall be carried out jointly by the relevant supervisory authorities and shall be coordinated by the Authority. The Executive Board may propose joint thematic review, based on the internal risks and vulnerabilities analysis run by the Authority. The General Board in supervisory composition shall draw up a list of joint thematic reviews. The General Board in supervisory composition shall draw up a report relating to the conduct, subject-matter and outcome of each joint thematic review. The Authority shall publish that report on its website.
Amendment 463 #
2021/0240(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Authority shall make every effort to provide the requested assistance, including by mobilising its own human resources as well as by ensuring mobilisation of resources at supervisory authorities on a voluntary basis.
Amendment 465 #
2021/0240(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall establish and keep up to date a central database of information collected pursuant to paragraph 2. The Authority shall analyse the information received and ensure that it is made available to supervisory authorities and non AML/CFT authorities on a need- to-know and confidential basis. The Authority mayshall share the results of its analysis on its own initiative with supervisory authorities, and where relevant to non-AML/CFT authorities, for the purposes of facilitating their supervisory activities.
Amendment 473 #
2021/0240(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point e a (new)
Article 11 – paragraph 2 – point e a (new)
(ea) an overview of the main risks and vulnerabilities identified over the previous year;
Amendment 475 #
2021/0240(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point h a (new)
Article 11 – paragraph 2 – point h a (new)
(ha) qualitative information regarding the supervisory plans and priorities and the areas where the authority is building specific expertise
Amendment 476 #
2021/0240(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. The Authority shall publish the information collected pursuant paragraph 2 point (a), (g), (h) and statistical information about the type and number of supervised obliged entities in each Member State. A summary of non- confidential findings regarding the information collected pursuant paragraph 2 point (c), (d), (e) and (f) shall be made available to obliged entities and to the public.
Amendment 483 #
2021/0240(COD)
Proposal for a regulation
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b. Competent authorities may share, in accordance with national law, any additional information that they deem relevant to the prevention and countering of the use of the financial system for the purpose of money laundering or terrorist financing with the central database referred to in paragraph 1.
Amendment 503 #
2021/0240(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 506 #
2021/0240(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Direct requests for information to obliged entities Under exceptional circumstances, the Authority may also require the necessary information directly to non-selected obliged entities concerned, after having informed the supervisory authority. The information directly transmitted by obliged entities to the Authority should not contain personal data.
Amendment 510 #
2021/0240(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Assessment of financial obliged entities for the purposes of selection for direct supervision
Amendment 516 #
2021/0240(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. For the purposes of carrying out the tasks listed in Article 5(2) as regards financial entities, the Authority shall carry out a periodic assessment of the following obliged entities, based on criteria and following the process specified in paragraphs 2 to 6 of this Article and in Article 13:
Amendment 523 #
2021/0240(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) cCredit institutions that are established in at least sevenor financial institutions or crypto-asset service providers which parent company is established in the EU, or credit institutions or financial institutions that are part of a wider group in which the parent entity is not a credit or a financial institution or crypto-asset service providers, that operates in at least 5 Member Sstates, including the Member State of establishment and the Member States where they are operating via subsidiaries or branche, either via establishment, free provision of services or via a network of representatives agents;
Amendment 532 #
2021/0240(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) otheCredit institutions or financial institutions that operate in at least ten Member States, including the Member State of establishment, another Member State where they are operating via a subsidiary or a branch, and all other Member States where they are operating by means of director crypto-asset service providers, which parent entity is headquartered in a third-country, that operate in at least 3 Member States, either via establishment, free provision of services or via a network of representatives agents.
Amendment 534 #
2021/0240(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 (new)
Article 12 – paragraph 1 – subparagraph 1 (new)
The Authority shall keep the relevant supervisory authorities informed of the assessments of obliged entities within their supervisory remits.
Amendment 538 #
2021/0240(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. TAfter having assessed the inherent risk profile of the assessed obliged entities referred to in paragraph 1, point (a) or (b), the Authority shall be classifiedy them as low, medium, substantial or high risk in each jurisdiction they operate in, based on the benchmarks and following the methodology set out in the regulatory technical standard referred to in paragraph 5.
Amendment 552 #
2021/0240(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point j a (new)
Article 12 – paragraph 3 – point j a (new)
(ja) crypto-asset service providers
Amendment 558 #
2021/0240(COD)
Proposal for a regulation
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
4. For each category of obliged entities referred to in paragraph 43, the benchmarks in the assessment methodology shall be based on the risk factor categories related to customer, products, services, transactions, delivery channels and geographical areas. The benchmarks shall be established for at least the following indicators of inherent risk in any Member State they operate in:
Amendment 567 #
2021/0240(COD)
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) with respect to customer-related risk: the share of non-resident customers, the share of customers located in high- risk third countries, the presence and share of customers identified as Politically Exposed persons (‘PEPs’);
Amendment 586 #
2021/0240(COD)
Proposal for a regulation
Article 12 – paragraph 5 – introductory part
Article 12 – paragraph 5 – introductory part
5. The Authority shall develop draft regulatory technical standards setting out the methodology with the benchmarks referred to in paragraph 4 for classifying the inherent risk profile of any cross-border credit or financial institution at group level, or at entity level in case the entity does not belong to a group, in each Member State it operates in as low, medium, substantial or high.
Amendment 591 #
2021/0240(COD)
Article 12a Assessment of obliged non-financial entities for the purposes of selection for direct supervision 1. For the purposes of carrying out the tasks listed in Article 5(2) for non- financial entities, the Authority shall assess whether the entities complying with all the following criteria should be subject to direct supervision, based on the risk assessment described in paragraph 2: (a) Entities operating in more than 5 Member States either via establishment, free provision of services or via a network of representatives agents; (b) Entities with a market share of at least 10% in their Member State of establishment; (c) Entities which have been under supervisory or other public investigations for breaches of the acts referred to in Article 1(2) in the previous 5 years. 2. The Authority shall select the entities to be directly supervised following a risk based assessment. This assessment should rely on objective benchmarks, specific for each sector. The Commission is empowered to adopt a Delegated Act specifying these benchmarks by 1st January 2025. 3. The Authority shall develop draft regulatory technical standards setting out the methodology with the benchmarks referred to in paragraph 2 for classifying the inherent risk profile of any cross- border non-financial entity, in each Member State it operates in as low, medium or high.
Amendment 594 #
2021/0240(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. The following obliged entities classified as high risk pursuant article 12 and 12a shall qualify as a selected obliged entity:ies. In addition, credit institutions, financial entities or crypto-asset service providers that belong to a group whose parent entity is headquartered in a third country targeted by EU restrictive measures shall be supervised by AMLA.
Amendment 600 #
2021/0240(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 604 #
2021/0240(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
Amendment 616 #
2021/0240(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Authority shall commence the first selection process on 1 July 2025 and shall conclude the selection within one month. The selection shall be made every three years after the date of commencement of the first selection, or at any moment if the Authority deems it justified and shall be concluded within one month in each selection period. The list of the selected obliged entities shall be published by the Authority without undue delay upon completion of selection process. The Authority shall commence the direct supervision of the selected obliged entities five months after publication of the list.
Amendment 622 #
2021/0240(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Without prejudice to the Authority’s power pursuant to Article 20(2), point (g), to receive directly, or have direct access to, information reported, on an ongoing basis, by selected obliged entities, financial supervisors and supervisory authorities shall provide the Authority with all information necessary for carrying out the tasks conferred on the Authority.
Amendment 623 #
2021/0240(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. When an obliged entity becomes a selected obliged entity, the Authority and the national competent authority shall agree on working arrangements to ensure a smooth transition of the supervisory responsibilities.
Amendment 624 #
2021/0240(COD)
Proposal for a regulation
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1b. Where appropriate, the Authority shall communicate to supervisory authorities the information they need to pursue their supervisory tasks.
Amendment 625 #
2021/0240(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where appropriate, financial supervisors and supervisory authorities shall be responsible for assisting the Authority with the preparation and implementation of any acts relating to the tasks referred to in Article 5(2), point (b), as regards all selected obliged entities, including assistance in verification activities. They shall follow the instructions given by the Authority when performing those tasks.
Amendment 626 #
2021/0240(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Authority shall develop implementing technical standards specifying the conditions under which financial supervisors and supervisory authorities are to assist the Authority pursuant to paragraph 2.
Amendment 627 #
2021/0240(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. A joint supervisory team shall be established for the supervision of each selected obliged entity. Each joint supervisory team shall be composed of staff from the Authority and from the financial supervisory authorities responsible for supervision of the selected obliged entity at national level. The members of the joint supervisory team shall be appointed in accordance with paragraph 4 and shall work under the coordination of a designated staff member from the Authority (‘JST coordinator’).
Amendment 630 #
2021/0240(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The JST coordinator shall ensure the coordination of the work within the joint supervisory team. Joint supervisory team members shall follow the JST coordinator’s instructions as regards their tasks in the joint supervisory team. This shall not affect their tasks and duties within their respective financial supervisors. TWhere necessary, the JST coordinator shallmay be delegated from the Authority to the financial supervisor in the Member State where a selected obliged entity has its headquarters, upon agreement of the relevant financial supervisors. Unless justified, the JST coordinator shall not be from the country where the selected obliged entity is located. The duration of the delegation shall be limited to the time period during which the Authority carries out supervisory tasks with respect to the selected obliged entity.
Amendment 631 #
2021/0240(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point d
Article 15 – paragraph 3 – point d
(d) liaising with financial supervisors where necessary for exercises of supervisory tasks in any Member State where a selected obliged entity is established.
Amendment 632 #
2021/0240(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The Authority shall be responsible for the establishment and the composition of joint supervisory teams. The respective financial supervisors shall appoint one or more persons from their staff as a member or members of a joint supervisory team. A financial supervisor staff member may be appointed as a member of more than one joint supervisory team. The Authority shall ensure that the JST is composed of staff with sufficient degree and diversity of knowledge, background, expertise and experience.
Amendment 637 #
2021/0240(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. The Authority and financial supervisors shall consult each other and agree on the use of staff with regard to the joint supervisory teams.
Amendment 659 #
2021/0240(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. If general investigations provided for in Article 17 or an on-site inspection provided for in Article 18 requires authorisation by a judicial authority in accordance with national law, the Authority shall apply for such an authorisation.
Amendment 674 #
2021/0240(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point i
Article 20 – paragraph 2 – point i
(i) to proposerecommend the withdrawal of licence of a selected obliged entity to the authority that has granted such license.
Amendment 681 #
2021/0240(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Where the Executive Board of the Authority finds that a selected obliged entity has, intentionally or negligently, committed a material breach of directly applicable requirements contained in [OP please insert the next number to the AMLR, COM (2021)420] or [OP please insert the next number to the TFR, COM(2021)422], it shall adopt a decision imposing administrative pecuniary sanctions, in accordance with paragraph 3. Administrative pecuniary sanctions shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, the requests referred to in Article 20(2).
Amendment 683 #
2021/0240(COD)
Proposal for a regulation
Article 21 – paragraph 3 – point a
Article 21 – paragraph 3 – point a
(a) for material breaches of one or more requirements related to customer due diligence, group policies and procedures and/or reporting obligations that have been identified in two or more Member States where a selected obliged entity operates, the sanction shall amount to at least EUR 1 000 000 and shall not exceed EUR 2 000 000 or 1% of the annual turnover, whichever is higher;
Amendment 685 #
2021/0240(COD)
Proposal for a regulation
Article 21 – paragraph 3 – point b
Article 21 – paragraph 3 – point b
(b) for material breaches of one or more requirements related to customer due diligence, internal policies, controls and procedures and/or reporting obligations that have been identified one Member State where a selected obliged entity operates, the sanction shall amount to at least EUR 500 000 and shall not exceed EUR 1 000 000 or 0,5% of the annual turnover, whichever is higher;
Amendment 687 #
2021/0240(COD)
Proposal for a regulation
Article 21 – paragraph 3 – point c
Article 21 – paragraph 3 – point c
(c) for material breaches of all other requirements that have been identified in two or more Member States where a selected obliged entity operates, the sanction shall amount to at least EUR 1 000 000 and shall not exceed EUR 2 000 000;
Amendment 689 #
2021/0240(COD)
Proposal for a regulation
Article 21 – paragraph 3 – point d
Article 21 – paragraph 3 – point d
(d) for material breaches of all other requirements that have been identified in one Member State the sanction shall amount to at least EUR 500 000 and shall not exceed EUR 1 000 000;
Amendment 692 #
2021/0240(COD)
Proposal for a regulation
Article 21 – paragraph 3 – point e
Article 21 – paragraph 3 – point e
(e) for material breaches of the decisions of the Authority referred to in Article 6(1), the sanction shall amount to at least EUR 100 000 and shall not exceed EUR 1 000 000.
Amendment 695 #
2021/0240(COD)
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
6. The maximum amount of a sanction for material breaches referred to in paragraph 2, points (a) and (b) shall not exceed 10 % of the total annual turnover of the obliged entity in the preceding business year, after application of the coefficients referred to in paragraphs 4 and 5.
Amendment 698 #
2021/0240(COD)
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – paragraph 7
7. The maximum amount of a sanction for material breaches referred to in paragraph 2, points (c) and point (d) shall not exceed EUR 10 000 000 or, in the Member States whose currency is not the Euro, the corresponding value in the national currency, after application of the coefficients referred to in paragraphs 4 and 5.
Amendment 701 #
2021/0240(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The periodic penalty payment shall be effective and proportionate. The periodic penalty payment shall be imposed on a daily basis following the notification of the Authority’s decision until the selected obliged entity or person concerned complies with the relevant decision referred to in paragraph 1.
Amendment 703 #
2021/0240(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 708 #
2021/0240(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Authority shall disclose to the public every administrative pecuniary sanction and periodic penalty payment that has been imposed on a selected obliged entity pursuant to Articles 21 and 22, unless such disclosure to the public would cause disproportionate damage to the parties involved.
Amendment 713 #
2021/0240(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Where, in carrying out its duties under this Regulation, the Authority finds that there are serious indications of the possible existence of facts liable to constitute one or more of the breaches listed in Annex II, the Authority shall appoint an independent investigatory team within the Authority to investigate the matter. The investigatory team shallmembers of the independent investigatory team shall be appointed by the Executive Board choosing them from among a public list of experts that offer every requisite guarantee of independence and competence. The members of the independent investigatory team shall have the necessary qualifications, expert knowledge and professional experience, not be involved or have been involved in the direct supervision of the selected obliged entity concerned and shall perform their functions independently from the Authority’s Executive Board.
Amendment 714 #
2021/0240(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. On the basis of the file containing the investigatory team’s findings and, when requested by the persons concerned, after having heard the persons subject to investigation in accordance with Article X23, the Executive Board shall decide if one or more of the breaches listed in Annex II have been committed by the persons who have been subject to investigation, and in such case, shall take a supervisory measure in accordance with Article 20 and impose an administrative pecuniary sanction in accordance with Article 21.
Amendment 724 #
2021/0240(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Authority shall perform periodic assessments of some or all of the activities of one, several, or all financial supervisors, including the assessment of their tools and resources to ensure high level supervisory standards and practices. The assessments shall include a review of the application of the AML/CFT supervisory methodology developed pursuant to Article 8 and shall cover all financial supervisors in a single assessment cycle. The length of each assessment cycle shall be determined by the Authority and shall not exceed seven years. At the end of each assessment cycle, the Authority shall present its findings to the European Parliament and the Council.
Amendment 730 #
2021/0240(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The assessments shall be carried out by the staff of the Authority with voluntary involvement of the staff of financial supervisors that are not subject to review, upon agreement on such involvement by the Executive Board. The assessments shall take due account of all the relevant evaluations, assessments or reports drawn up by international organisations and intergovernmental bodies with competence in the field of preventing money laundering and terrorist financing.
Amendment 733 #
2021/0240(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Authority shall produce a report setting out the results of each assessment. That report shall be prepared by the staff of the Authority, or by the staff of the Authority jointly with the staff of the financial supervisors where the staff of financial supervisors were involved in the review on an ad-hoc basis. The report shall be adopted by the Executive Board, taking into account the observations of the General Board in supervisory composition. The report shall be sent to the Council and the European Parliament. The report shall explain and indicate any specific follow-up measures required to be taken by the financial supervisor or financial supervisors subject to the assessment that are deemed appropriate, proportionate and necessary as a result of the assessment. The follow-up measures may be adopted in the form of guidelines and recommendations pursuant to Article 43 including recommendations addressed to all or several financial supervisors or to any specific financial supervisor, as appropriate.
Amendment 735 #
2021/0240(COD)
Proposal for a regulation
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. Where the assessment concludes that the supervisor faces severe difficulties to perform its tasks adequately, the Authority may provide assistance, including training to the supervisor concerned.
Amendment 736 #
2021/0240(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Financial supervisorSupervisory authorities shall make every effort to comply with the specific follow-up measures addressed to them as a result of the assessment. In case the supervisory authority does not adopt the recommended follow-up measures, the Authority may make its recommendation public. Where the absence of follow-up measures leads to a significant deterioration of the compliance with AML/CFT measures which could significantly harm the reputation of the Member State or the EU, the Authority may exercise the powers conferred by article 30 for one or more obliged entities of that Member States. In case of repeated failure to apply the follow-up measures, the General Board of the Authority may decide to suspend the voting right of the supervisory authority concerned.
Amendment 741 #
2021/0240(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. The Authority shall ensure, within the scope of its powers and without prejudice to the powers of the relevant financial supervisors pursuant to Article 36 [OP please insert the next number to the AMLD, COM(2021)423], that AML supervisory colleges are established and functioning consistently for selected and non-selected obliged entities operating in several Member States in accordance with Article 36 [OP please insert the next number to the AMLD, COM(2021)423]. To that end, the Authority may:
Amendment 753 #
2021/0240(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Amendment 756 #
2021/0240(COD)
Proposal for a regulation
Article 30 – title
Article 30 – title
Amendment 759 #
2021/0240(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Financial sSupervisors shall notify the Authority where the situation of any non- selected obliged entity with regard to its compliance with applicable requirements andor its exposure to money laundering and terrorism financing risks deteriorates rapidly andor significantly, especially where such deterioration could lead to significant harm to the reputation of the Member State where that entity operates, several Member States or of the Union as a whole.
Amendment 763 #
2021/0240(COD)
Proposal for a regulation
Article 30 – paragraph 2 – introductory part
Article 30 – paragraph 2 – introductory part
2. The Authority may, where it has indications of material breaches by a non- selected obliged entity, request its financial supervisor to:
Amendment 764 #
2021/0240(COD)
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 1
Article 30 – paragraph 2 – subparagraph 1
Where necessary, the Authority may also request a financial supervisor to adopt an individual decision addressed to that entity requiring it to undertake all necessary actions to comply with its obligations under directly applicable Union law or under national law, to the extent that it transposes Directives or exercises options granted to Member States by Union law, including the cessation of any practice.
Amendment 765 #
2021/0240(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The financial supervisor concerned shall comply with any request addressed to it in accordance with paragraph 2 and shall inform the Authority, as soon as possible and within ten working days from the day of the notification of such request at the latest, of the steps it has taken or intends to take to comply with that request.
Amendment 768 #
2021/0240(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Where the financial supervisor concerned does not comply with the request referred to in paragraph 2 andor does not inform the Authority of the steps it has taken or intends to take to comply with the request within ten days from the day of the notification of the request, the Authority mayor upon the request of the Commission to grant psupervisor, the Authority may exermcission to transfere directly itself all the relevant tasks and powers referred to in Article 5(2) and Article 6(1) related to direct supervision of the non-selected obliged entity from the financial supervisor concerned to the Authority.
Amendment 773 #
2021/0240(COD)
Proposal for a regulation
Article 30 – paragraph 5 – introductory part
Article 30 – paragraph 5 – introductory part
5. The request from the AuthorityAuthority shall notify the Commission and the European Parliament. The notification shall contain:
Amendment 776 #
2021/0240(COD)
Proposal for a regulation
Article 30 – paragraph 5 – point b
Article 30 – paragraph 5 – point b
(b) a justification why the request to the financial supervisor referred to in paragraph 2 did not result in any action taken within the time-limit set in paragraph 3;
Amendment 777 #
2021/0240(COD)
Proposal for a regulation
Article 30 – paragraph 5 – point c
Article 30 – paragraph 5 – point c
(c) a time limit, which shall not exceed three years, for the requested transfer of the relevant tasks and powers;
Amendment 784 #
2021/0240(COD)
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
Amendment 791 #
2021/0240(COD)
Proposal for a regulation
Article 30 – paragraph 7
Article 30 – paragraph 7
7. On the tenth working day after the notification of the decision authorising the transfer of tasks and powers in relation to the non-selected obliged entity, the non- selected obliged entity referred to in paragraph 2 shall be deemed a selected obliged entity for the purposes of the exercise of the tasks referred to in Article 5(2) and the powers referred to in Article 6(1) and Articles 16 to 22. The Commission decisionAuthority shall set a time-limit for the exercise of these tasks and powers, which shall not exceed three years and upon the expiry of which they tasks and powers shall be automatically transferred back to the financial supervisor concerned.
Amendment 804 #
2021/0240(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point b a (new)
Article 31 – paragraph 3 – point b a (new)
(ba) the effectiveness of the monitoring of the ML/FT risks and vulnerabilities stemming from the sector of the supervisor concerned
Amendment 808 #
2021/0240(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The Authority shall produce a report setting out the results of the peer review. That peer review report shall be prepared by the peer review committee and adopted by the Executive Board, having received the observations of the General Board in supervisory composition as to the consistency of application of the methodology with other peer review reports. The report shall explain and indicate the follow-up measures that are deemed appropriate, proportionate and necessary as a result of the peer review. Those follow-up measures may be adopted in the form of guidelines and recommendations pursuant to Article 43 and opinions pursuant to Article 44. The non- financial supervisors shall make every effort to comply with any guidelines and recommendations issued, in accordance with Article 43.
Amendment 811 #
2021/0240(COD)
Proposal for a regulation
Article 31 – paragraph 6 a (new)
Article 31 – paragraph 6 a (new)
6a. Where the reviewed non-financial supervisor has not taken adequate measure to address any material deficiencies in the application of the EU law, the Authority shall take measures to ensure that ML/FT risks are properly addressed. These measures could include mandatory training for the supervisor concerned, the delegation of some Authority staff to oversee the supervisor’s activities or the exercise of the supervisory powers referred to in article 30 for the entities that do not comply with EU law.
Amendment 825 #
2021/0240(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. The supervisory authority in the non-financial sector shall, within ten working days of receipt of the formal opinion referred to in paragraph 54, inform the Commission and the Authority of the steps it has taken or intends to take to comply with that formal opinion.
Amendment 837 #
2021/0240(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where, pursuant to Article 25 of [OP please insert the next number to the AMLD, COM(2021)423], a FIU of a Member State identifies a potential need to conduct a joint analysis with one or several FIUs in other Member States, it shall notify the Authority thereof. Within 10 working days, the Authority shall assess the merits of such joint-analysis, in light of the priorities identified in the supervisory plan and of the available resources. The Authority shall inform the FIUs in all the relevant Member States and invite them to take part in the joint analysis within five days of the initial notificationassessment. To this end, the Authority shall use secured channels of communication. The FIUs in all the relevant Member States shall consider taking part in the joint analysis. The Authority shall ensure that the joint analysis is launched within 20 days of the initial notificationassessment.
Amendment 841 #
2021/0240(COD)
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1a. Where the Authority identifies the need for a joint-analysis, it shall, on its own initiative, request FIUs to participate in the conduct of the joint analysis. The Authority shall be responsible for the establishment and the composition of joint analysis team, for the coordination of the conduct of joint analysis and shall be empowered to settle potential disagreements between participating FIUs.
Amendment 842 #
2021/0240(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Any FIU that declines to participate in the conduct of the joint analysis shall provide the reasons thereof in writing to the Authority, within five days of the receipt of the invitation. TWhere the joint analysis has been launched upon the initiative of a FIU, the Authority shall provide such explanation without delay to the FIU having identified the need for a joint analysis.
Amendment 845 #
2021/0240(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Upon explicit consent of the FIUs participating in the joint analysis, tThe staff of the Authority supporting the joint analysis shall be granted access to all the data pertaining to the subject-matter of the joint analysis and shall be able to process those data.
Amendment 850 #
2021/0240(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33a Planning of joint analysis 1. The General Board in FIU composition shall adopt every three years a supervisory plan which identifies the main risks, vulnerabilities and areas for which joint analysis may be necessary. 2. The Authority shall develop guidelines to define the main criteria to identify the need for a joint analysis.
Amendment 858 #
2021/0240(COD)
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. The Executive Board shall determine the rights and obligations of the FIU delegates in relation to the Authority. FIU delegates shall be subject to the same confidential requirements as the staff of the Authority.
Amendment 861 #
2021/0240(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Authority shall ensure adequate and uninterrupted hosting, management, maintenance, and development of the FIU.net. The Authority shall, in cooperation with the Member States, ensure that the most advanced available technology is used for the FIU.net, subject to a cost-benefit analysis and to data protection and fundamental rights impact assessments. The Authority shall ensure that the most advanced available technology used, including IT and artificial intelligence services and tools, is human-centred and guided by the principles of transparency, explainability, accountability and responsibility.
Amendment 864 #
2021/0240(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The Authority shall ensure uninterrupted functioning of the FIU.net and keep it and up to date. Where necessary to support or strengthen the exchange of information and cooperation between the FIUs and based on the needs of FIUs, the Authority shall after consulting the EDPS, design and implement, or otherwise make available, upgraded or additional functionalities of FIU.net.
Amendment 865 #
2021/0240(COD)
Proposal for a regulation
Article 37 – paragraph 3 – point a
Article 37 – paragraph 3 – point a
(a) ensure the required level of security of the system, including the implementation of the appropriate technical and organizational measures to address and mitigate data protection risks;
Amendment 866 #
2021/0240(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. For the purposes of carrying out the tasks referred to in paragraphs 1, 2 and 3, the Authority shall be empowered to conclude or enter into legally binding contracts or agreements with third party service providers. The EDPS and the Parliament shall be informed before the conclusion of these contracts.
Amendment 870 #
2021/0240(COD)
Proposal for a regulation
Article 37 a (new)
Article 37 a (new)
Amendment 873 #
2021/0240(COD)
Proposal for a regulation
Article 37 b (new)
Article 37 b (new)
Article 37b Coordination and mediation role 1. The Authority shall promote common approaches, methods and cooperation amongst FIUs. To that end, the Authority may issue guidelines, recommendations pursuant article 43 or opinions pursuant article 44, or develop practical instrument or convergent tools. 2. In case of disagreement between FIUs on matters concerning cooperation or other relevant operational aspects, the FIUs concerned shall inform the Authority. The Authority shall act as a mediator between FIUs.
Amendment 874 #
2021/0240(COD)
Proposal for a regulation
Article 37 c (new)
Article 37 c (new)
Article 37c Responses to requests for information 1. The Authority shall respond in a timely manner to reasoned requests for information by competent authorities when such requests for information are motivated by concerns relating to money laundering, its predicate offences or terrorist financing or when this information is necessary for the competent authority to perform its tasks under [AMLD6]. If the information has been initially obtained from another competent authority, the Authority shall obtain the agreement of this competent authority before sharing the information. The Authority remains responsible and accountable for the decision to disseminate the information. Where a request for information would contain personal data, the Authority shall ensure compliance with Regulation (EU) 1725/2018. 2. Competent authorities shall provide feedback to the Authority about the use made of the information provided in accordance with this Article. Such feedback shall be provided as soon as possible and in any case, at least on an annual basis, in such a way as to inform the Authority about the actions taken by the competent authorities on the basis of the information provided by the Authority.
Amendment 877 #
2021/0240(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2 a (new)
Article 38 – paragraph 1 – subparagraph 2 a (new)
Where the Authority submits a draft regulatory technical standard, the Commission shall immediately forward it to the European Parliament and the Council.
Amendment 878 #
2021/0240(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 3
Article 38 – paragraph 1 – subparagraph 3
Within three months of receipt of a draft regulatory technical standard, the Commission shall decide whether to adoptendorse it. The Commission shall inform the European Parliament and the Council in due time where the adoption cannot take place within the three-month period. The Commission may adopt the draft regulatory technical standard in part only, or with amendments, where the Union’s interests so require.
Amendment 879 #
2021/0240(COD)
Proposal for a regulation
Article 39 a (new)
Article 39 a (new)
Article 39a Revocation of the delegation 1. The delegation of power referred to in Article 38 may be revoked at any time by the European Parliament or by the Council. 2. The institution which has commenced an internal procedure for deciding whether to revoke a delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation. 3. The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the regulatory technical standards already in force. It shall be published in the Official Journal of the European Union.
Amendment 880 #
2021/0240(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 1
Article 40 – paragraph 2 – subparagraph 1
The regulatory technical standard may be published in the Official Journal of the European Union and enter into force before the expiry of thate period referred to in paragraph 1 if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.
Amendment 881 #
2021/0240(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. In the event that the Commission does not endorse a draft regulatory technical standard or amends it as provided for in Article 358, the Commission shall inform the Authority, the European Parliament and the Council, stating its reasons.
Amendment 883 #
2021/0240(COD)
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1 a (new)
Article 42 – paragraph 1 – subparagraph 1 a (new)
Where the Authority submits a draft implementing technical standard, the Commission shall immediately forward it to the European Parliament and the Council
Amendment 886 #
2021/0240(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The Authority shall, where appropriate, conduct open public consultations regarding the guidelines and recommendations which it issues and analyse the related potential costs and benefits of issuing such guidelines and recommendations. Those consultations and analyses shall be proportionate in relation to the scope, nature and impact of the guidelines or recommendations. Where the Authority does not conduct open public consultations, the Authority shall provide its reasons and make them public.
Amendment 889 #
2021/0240(COD)
Proposal for a regulation
Article 43 – paragraph 3 – introductory part
Article 43 – paragraph 3 – introductory part
3. The supervisory authorities and, obliged entities and FIUs shall make every effort to comply with those guidelines and recommendations.
Amendment 892 #
2021/0240(COD)
Proposal for a regulation
Article 43 – paragraph 3 – subparagraph 2
Article 43 – paragraph 3 – subparagraph 2
The Authority shall publish the fact that a supervisory authority does not comply or does not intend to comply with that guideline or recommendation. The Authority may also decide, on a case-by- case basis, to publish and the reasons provided by the supervisory authority for not complying with that guideline or recommendation. The supervisory authority shall receive advanced notice of such publication.
Amendment 893 #
2021/0240(COD)
Proposal for a regulation
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
3a. In the report referred to in Article 53(4)(c) the Authority shall inform the European Parliament, the Council and the Commission of the guidelines and recommendations that have been issued, stating which supervisory authority and obliged entity has not complied with them, and outlining how the Authority intends to ensure that the supervisory authority or obliged entity concerned follow its recommendations and guidelines in the future.
Amendment 896 #
2021/0240(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point 4 a (new)
Article 45 – paragraph 1 – point 4 a (new)
(4a) a Civil Society Advisory Body, which shall exercise the tasks set out in Article -60
Amendment 897 #
2021/0240(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point 5 a (new)
Article 45 – paragraph 1 – point 5 a (new)
(5a) a FIUs Coordination Committee as provided in Article 47a
Amendment 901 #
2021/0240(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point c a (new)
Article 46 – paragraph 2 – point c a (new)
(ca) one representative of the Civil Society Advisory Body, without the right to vote;
Amendment 905 #
2021/0240(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point c b (new)
Article 46 – paragraph 2 – point c b (new)
(cb) the Vice-Chair of the Authority, without the right to vote unless he or she is replacing the Chair
Amendment 906 #
2021/0240(COD)
Proposal for a regulation
Article 46 – paragraph 2 – subparagraph 1
Article 46 – paragraph 2 – subparagraph 1
The heads of the supervisory authorities referred to in the first subparagraph, point (b) in each Member State shall share a single vote and shall agree onppoint a single common representative for each meeting and voting procedure. That common representative shall be the ad-hoc voting member for the purposes of that meeting or voting procedure. The public authorities in a Member State may also agree onppoint a single permanent common representative who shall be a permanent voting member. Where items to be discussed by the General Board in supervisory composition concern the competence of several public authorities, the ad-hoc or permanent voting member may be accompanied by a representative from up to two other public authorities, who shall be non-voting. In their appointments to the General Board, the public authorities of Member States shall ensure gender balance, in particular with regard to the composition of the Board as a body.
Amendment 909 #
2021/0240(COD)
Proposal for a regulation
Article 46 – paragraph 3 – point c a (new)
Article 46 – paragraph 3 – point c a (new)
(ca) the Vice-Chair of the Authority, without the right to vote unless he or she is replacing the Chair;
Amendment 913 #
2021/0240(COD)
Proposal for a regulation
Article 46 – paragraph 3 – point c b (new)
Article 46 – paragraph 3 – point c b (new)
(cb) the Chair of the FIUs Coordination Committee, without the right to vote.
Amendment 919 #
2021/0240(COD)
Proposal for a regulation
Article 47 a (new)
Article 47 a (new)
Amendment 922 #
2021/0240(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. Decisions of the General Board shall be taken by a simple majority of its members. Each voting member as determined by Article 476(2) shall have one vote. In case of a tied vote, the Chair of the Authority shall have a casting vote.
Amendment 923 #
2021/0240(COD)
Proposal for a regulation
Article 51 a (new)
Article 51 a (new)
Article 51a Transparency of decisions adopted by the General Board Within six weeks of each meeting of the General Board, the Authority shall, at least provide the European Parliament with a comprehensive and meaningful record of the proceedings of that meeting that enables a full understanding of the discussions, including an annotated list of decisions. Such record shall not reflect discussions within the General Board relating to individual entities, unless otherwise provided for in the legislative acts referred to in Article 1(2).
Amendment 925 #
2021/0240(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point c a (new)
Article 52 – paragraph 1 – point c a (new)
(ca) the Executive Director;
Amendment 926 #
2021/0240(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point c b (new)
Article 52 – paragraph 1 – point c b (new)
(cb) the Vice-Chair of the Authority.
Amendment 927 #
2021/0240(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The Executive Director and the Vice-Chair of the Authority shall participate in meetings of the Executive Board without the right to vote.
Amendment 929 #
2021/0240(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The five members of the Executive Board referred to in paragraph 1, point (b), shall be selected following an open selection procedure which shall be published in the Official Journal of the European Union. They shall be appointed by the General Board based on the shortlist drawn by the Commission. The selection shall respect the principles of experience, qualification, and, to the extent possible, gender and geographical balance.
Amendment 934 #
2021/0240(COD)
Proposal for a regulation
Article 52 – paragraph 7 – introductory part
Article 52 – paragraph 7 – introductory part
7. During a period of onthree years after ceasing to hold office, the former members of the Executive Board, including the Chair and the Vice-Chair of the Authority, are prohibited from engaging in a gainful occupational activity with
Amendment 942 #
2021/0240(COD)
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
5. The Executive Board shall select a Vice-Chair of the Authority among its voting members. The Vice-ChairVice-Chair of the Authority shall automatically replace the Chair, if the latter is prevented from attending to his/her duties.
Amendment 943 #
2021/0240(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. The Executive Board shall take decisions by simple majority of its members. Each member of the Executive Board in accordance with Article 52(1) points (a) to (c) shall have one vote. The Chair of the Authority, or the Vice-Chair when replacing the Chair, shall have a casting vote in case of a tie.
Amendment 944 #
2021/0240(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. A representative of the Commission shall have a right to vote whenever matters pertaining to Article 53(4) points (a) to (l) are discussed and decided upon. For the purposes of taking the decisions referred to in Article 53(4), points (f) and (g), the representative of the Commission shall have one vote. The decisions referred to in Article 53(4), points (b) to (e) and (h) to (l) may only be taken if the representative of the Commission casts a positive vote. For the purposes of taking the decisions referred to in Article 53(4), point (a), the consent of the representative of the Commission shall only be required on the elements of the decision not related to the annual and multi-annual working programme of the Authority.
Amendment 948 #
2021/0240(COD)
Proposal for a regulation
Article 56 – title
Article 56 – title
Appointment of the Chair and of the Vice- Chair of the Authority
Amendment 949 #
2021/0240(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. The Chair and the Vice-Chair of the Authority shall be selected on the basis of merit, skills, knowledge, recognised standing and experience in the area of anti- money laundering and countering the financing of terrorism and other relevant qualification, following an open selection procedure which shall respect the principle of gender balance and shall be published in the Official Journal of the European Union. The Commission shall draw up a gender-balanced shortlist of twofour qualified candidates for the position of the Chair and Vice-Chair of the Authority. The Council, after approval by the European Parliament, shall adopt an implementing decision to appoint the Chair of the AuthorityBefore the approval, the candidates shall be heard by the competent committee(s) of the European Parliament. After conducting hearings, the European Parliament shall select one of those candidates for each position. The Council, after approval by the European Parliament, shall adopt an implementing decision to appoint the Chair and the Vice-Chair of the Authority. Where the European Parliament is of the opinion that none of the shortlisted candidates sufficiently fulfils the qualifications set out in the first subparagraph, the open selection procedure shall recommence.
Amendment 956 #
2021/0240(COD)
Proposal for a regulation
Article 56 – paragraph 1 a (new)
Article 56 – paragraph 1 a (new)
1a. The Vice-Chair shall automatically replace the Chair, if the latter is prevented from attending to his or her duties.
Amendment 958 #
2021/0240(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. If the Chair or Vice-Chair of the Authority no longer fulfils the conditions required for the performance of his or her duties or has been guilty of serious misconduct, the Council may, after approval of the European Parliament and following a proposal by the General Board in either composition, adopt an implementing decision to remove the Chair or Vice-Chair of the Authority from office. The Council shall act by qualified majority.
Amendment 960 #
2021/0240(COD)
Proposal for a regulation
Article 56 – paragraph 2 a (new)
Article 56 – paragraph 2 a (new)
2a. The Chair and Vice-Chair shall be accountable to the European Parliament and the Council
Amendment 961 #
2021/0240(COD)
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
2. The Executive Director shall perform his or her duties in the interests of the Union, and independently of any specific interests.
Amendment 962 #
2021/0240(COD)
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. The Executive Director shall be selected on the grounds of merit and documented high-level administrative, budgetary and management skills, following an open selection procedure which shall respect the principle of gender balance and shall be published in the Official Journal of the European Union, and, as appropriate, other press or internet sites. The Commission shall draw up a gender-balanced shortlist of two qualified candidates for the position of the Executive Director. TAfter the approval by the European Parliament, the Executive Board shall appoint the Executive Director. Where the European Parliament is of the opinion that none of the shortlisted candidates sufficiently fulfils the qualifications set out in the first subparagraph, the open selection procedure shall recommence.
Amendment 970 #
2021/0240(COD)
Proposal for a regulation
Article 58 – paragraph 5 – subparagraph 1
Article 58 – paragraph 5 – subparagraph 1
The Executive Director may be removed from office by the Executive Board on proposal by the European Parliament or the Commission.
Amendment 973 #
2021/0240(COD)
Proposal for a regulation
Article 59 a (new)
Article 59 a (new)
Article 59a Civil Society Advisory Body 1. The Authority shall establish a Civil Society Advisory Body for the purpose of advising it when exercising its powers listed in Article 38, 42 and 43. 2. The General Board shall determine the composition of the Civil Society Advisory Body upon the recommendation of the Commission and after consultation of the European Parliament. The internal working methods of the Advisory Body shall be established by the body itself. 3. The Civil Society Advisory Body shall be consulted regularly, and in any case whenever the Authority or the Commission is required to conduct public consultations in particular with regard to the adoption of regulatory technical standards under Article 38(1) and (3), implementing technical standards under Article 42(1) and (3) and guidelines and recommendations under Article 43(2), unless such consultation is disproportionate in relation to the particular urgency of the matter. If such consultation is not conducted, the Authority or the Commission respectively shall clearly justify such decision. 4. When carrying out the tasks conferred upon them by this Regulation, the members of the Civil Society Advisory Body shall act independently and objectively in the sole interest of the Union as a whole and shall neither seek nor take instructions from Union institutions, bodies, offices nor agencies from any government or any other public or private body. 5. The Civil Society Advisory body shall be provided with sufficient resources and expertise to assess the exercise of the powers of the Authority under this Regulation. 6. The General Board shall lay down the practical arrangements for the prevention and the management of conflict of interest of the members of the Civil Society Advisory Body.
Amendment 988 #
2021/0240(COD)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. The Authority shall levy an annual supervisory fee on all selected obliged entities referred to in Article 13 and on the non-selected obliged entities that meet the criteria of Article 12(1) and 12a and do not meet the criteria in Article 13(1) by one Member State. The fees shall cover expenditure incurred by the Authority in relation to the tasks related to supervision and referred to in Sections 3 and 4 of Chapter II. Those fees shall not exceed the expenditure relating to these tasks. Where these criteria are not fully respected in any given year, the necessary adjustments shall be made when calculating the fees for the two following years.
Amendment 989 #
2021/0240(COD)
Proposal for a regulation
Article 65 – paragraph 1 a (new)
Article 65 – paragraph 1 a (new)
1a. The fees to be levied shall be calculated in such a way as to ensure sufficient and stable revenue for the Authority.
Amendment 993 #
2021/0240(COD)
Proposal for a regulation
Article 65 – paragraph 4
Article 65 – paragraph 4
4. The basis for calculating the annual supervisory fee for a given calendar year shall be the expenditure relating to the direct and indirect supervision of the selected and non-selected obliged entities subject to fees in that year. The Authority may require advance payments in respect of the annual supervisory fee, which shall be based on a reasonable estimate. The Authority shall communicate with the relevant financial supervisor before deciding on the final fee level so as to ensure that supervision remains cost- effective and reasonable for all financial sector obliged entities. The Authority shall communicate to respective financial sector obliged entities the basis for the calculation of the annual supervisory fee. Member States shall ensure that the obligation to pay the fees specified in this Article is enforceable under national law, and that due fees are fully paid.
Amendment 994 #
2021/0240(COD)
Proposal for a regulation
Article 65 – paragraph 5
Article 65 – paragraph 5
5. This Article is without prejudice to the right of financial supervisors to levy fees in accordance with national law, to the extent supervisory tasks have not been conferred on the Authority, or in respect of costs of cooperating with and assisting the Authority and acting on its instructions, in accordance with relevant Union law.
Amendment 999 #
2021/0240(COD)
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The agencAuthority shall ensure that at least 10% of its IT expenditure is transparently allocated to direct IT security. The contribution to the Computer Emergency Response Team of the European Institutions, Bodies and Agencies (CERT-EU) may be counted in this minimum expenditure requirement.
Amendment 1002 #
2021/0240(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. The Authority shall submit and publish on an annual basis to the European Parliament, to the Council, and to the Commission a report on the execution of the tasks conferred on it by this Regulation, including information on the planned evolution of the structure and amount of the supervisory fees referred to in Article 66. The Chair of the Authority shall present that report in public to the European Parliament.
Amendment 1004 #
2021/0240(COD)
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. At the request of the European Parliament, the Chair of the Authority shall participate in a hearing on the execution of its tasks by the competent committees of the European Parliament. A hearing shall take place at least annually.
Amendment 1012 #
2021/0240(COD)
Proposal for a regulation
Article 73 – paragraph 5 a (new)
Article 73 – paragraph 5 a (new)
5a. Within a period of three years after ceasing their functions, staff members of the Authority are prohibited to work for and in relation with any of the obliged entities for which they have participated in supervisory activities.
Amendment 1015 #
2021/0240(COD)
Proposal for a regulation
Article 77 – title
Article 77 – title
Cooperation with European Supervisory Authorities, the European Data Protection Board and the European Data Protection BoardSupervisor
Amendment 1017 #
2021/0240(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. The Authority shall establish and maintain a close cooperation with the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority. Where relevant, the cooperation shall include collaboration in developing draft technical standards, guidelines or recommendations.
Amendment 1022 #
2021/0240(COD)
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
2. When drafting guidelines and recommendations in accordance with Article 43, having a significant impact on the protection of personal data, the Authority shall closely cooperate with the European Data Protection Board established by Regulation (EU) 2016/679 and the European Data protection Supervisor established by Regulation (EU) 1728/2018 to avoid duplication, inconsistencies and legal uncertainty in the sphere of data protection.
Amendment 1026 #
2021/0240(COD)
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. Where necessary for the fulfilment of its tasks listed in Article 5ithin the boundaries of its mandate set out in this regulation, the Authority shall cooperate, as appropriate, with the non- AML/CFT authorities.
Amendment 1030 #
2021/0240(COD)
Proposal for a regulation
Article 78 – paragraph 3
Article 78 – paragraph 3
3. The Authority shall ensure effective cooperation and information exchange between all financial supervisors in the AML/CFT supervisory system, FIUs and the relevant non-AML/CFT authorities referred to in paragraph 1, including with regard to access to any information and data in central AML/CFT database referred to in Article 11.
Amendment 1037 #
2021/0240(COD)
Proposal for a regulation
Article 81 – paragraph 1
Article 81 – paragraph 1
1. In order to achieve the objectives set out in this Regulation, and without prejudice to the respective competences of the Member States and the Union institutions, the Authority may develop contacts and enter into administrative arrangements with AML/CFT authorities in third countries that have regulatory, supervisory and FIU-related competences in the field of anti-money laundering and counter terrorism financing as well as with international organisations and third- country administrations. Those arrangements shall not create legal obligations in respect of the Union and its Member States nor shall they prevent Member States and their competent authorities from concluding bilateral arrangements with those third countries. These contacts and administrative arrangements shall be made public.
Amendment 1042 #
2021/0240(COD)
Proposal for a regulation
Article 81 a (new)
Article 81 a (new)
Amendment 1043 #
2021/0240(COD)
Proposal for a regulation
Article 81 b (new)
Article 81 b (new)
Amendment 1046 #
2021/0240(COD)
Proposal for a regulation
Article 84 – paragraph 1 – subparagraph 1
Article 84 – paragraph 1 – subparagraph 1
When drafting guidelines and recommendations in accordance with Article 43carrying out its activities under this regulation, having a significant impact on the protection of personal data, the Authority shall, after being authorized by the Commission, consult the European Data Protection Supervisor established by Regulation (EU) 2018/1725. The Authority may also invite national data protection authorities as observers in the process of drafting such guidelines and recommendations, in accordance with Article 43.
Amendment 1047 #
2021/0240(COD)
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
Amendment 1049 #
2021/0240(COD)
Proposal for a regulation
Article 86 – paragraph 2
Article 86 – paragraph 2
2. The power to adopt delegated acts referred to in Article 25, Article 30, Article 65, Article 81a and Article 6581b shall be conferred on the Commission for an indeterminate period of time from [OP please insert the date = 6 months after the date of entry into force of this Regulation].
Amendment 1050 #
2021/0240(COD)
Proposal for a regulation
Article 86 – paragraph 3
Article 86 – paragraph 3
3. The power to adopt delegated acts referred to in Article 25, Article 30, Article 65, Article 81a and Article 6581b may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 1051 #
2021/0240(COD)
Proposal for a regulation
Article 86 – paragraph 6
Article 86 – paragraph 6
6. A delegated act adopted pursuant to Article 25, Article 30, Article 65, Article 81a and Article 6581b shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.
Amendment 1053 #
2021/0240(COD)
Proposal for a regulation
Article 87 – paragraph 1
Article 87 – paragraph 1
1. The necessary arrangements concerning the accommodation to be provided for the Authority in the Member State where its seat is located and the facilities to be made available by that Member State, as well as the specific rules applicable in that Member State to the staff of the Authority and members of their families, shall be laid down in a Headquarters Agreement to be concluded between the Authority and that Member State which they conclude after obtaining the approval of the Executive Boardby the date this regulation enters into force in accordance with Article 93.
Amendment 1056 #
2021/0240(COD)
Proposal for a regulation
Article 88 – paragraph 1 – introductory part
Article 88 – paragraph 1 – introductory part
Amendment 1058 #
2021/0240(COD)
Proposal for a regulation
Article 88 – paragraph 1 – point b – point i a (new)
Article 88 – paragraph 1 – point b – point i a (new)
(ia) the criteria to select obliged entities that are directly supervised by the Authority;
Amendment 1059 #
2021/0240(COD)
Proposal for a regulation
Article 88 – paragraph 1 – point c
Article 88 – paragraph 1 – point c
(c) the impact of the activities and technologies related to support and coordination of FIUs, and in particular the coordination of the joint analyses of cross- border activities and transactions conducted by FIUs;
Amendment 1064 #
2021/0240(COD)
Proposal for a regulation
Article 88 – paragraph 2 – point d a (new)
Article 88 – paragraph 2 – point d a (new)
(da) it is appropriate to establish an EU FIU.
Amendment 1065 #
2021/0240(COD)
Proposal for a regulation
Article 88 – paragraph 3
Article 88 – paragraph 3
Amendment 1067 #
2021/0240(COD)
Proposal for a regulation
Article 91 a (new)
Article 91 a (new)
Amendment 4 #
2021/0227(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. FindsIs extremely concerned about the proposed reduction in the budget of the European Union Agency for Fundamental Rights (FRA) by 0,5 % very disappointing; calls i; calls instead for a budgetary increase of EUR 29,6 million in order to effectively implement the new mandate and the projects that respond to identified needs, as well as to compensatead for a budgetary increase of EUR 27,1 million and the considerable extra efforts required to monitor the impact of fundamental rights during the COVID-19 pandemic; deplores the fact that the budget for FRA has barely increased in the last years, and underlines that this can affect the quality of work that the Agency provides, which has proved to be extremely valuable for the Union policy; further calls for the addition of twoen temporary agents and twofive contractual agents to function group IV in the establishment plan to allow FRA to continue to operate effectively; ; highlights that without adequate financial and staff resources, FRA will not be able to carry out all the tasks assigned to it and fully implement its new mandate;
Amendment 9 #
2021/0227(BUD)
2. Welcomes the proposed increase of the budget of the European Asylum Support Office by 11,2 %; calls for adjustments to the establishment plan as regards the distribution of posts across different grades to enable reclassification needs and for the publication of planned posts for 2022; emphasises that the latter will not impact the total budget or the total number of staff proposed; further calls for 46 additional staff which are necessary to carry out all the tasks the Agency is entrusted to and to effectively operationalise the transition towards an European Union Agency for Asylum (EUAA) and the new Regulation once it enters into force, as expected later in 2021; stresses, however, that further additional human resources and budget will be required once the Regulation on the European Union Agency for Asylum (EUAA) enters into force;
Amendment 10 #
2021/0227(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Is deeply concerned that gender equality is suffering from continuous backsliding across the EU and it has been exacerbated due the COVID-19 pandemic; proposes, therefore, to reinforce the funding and human resources of EIGE to support the work of the Agency in the promotion of gender equality in order to counteract this worrying trend and to ensure gender mainstreaming in all EU policies;
Amendment 14 #
2021/0227(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned with the serious and repeated allegations made against European Border and Coast Guard Agency (Frontex) related to pushbacks at external borders and the conclusions reached by the investigations of the Frontex Management Board, the Court of Auditors, the European Ombudsman and the Frontex Scrutiny Group in the European Parliament; takes note of the ongoing investigation OLAF; is disappointed to note that, according to the Court of Auditors, Frontex has not managed to implement its mandate from 2016, let alone its updated mandate of 2019, and that serious and multiple deficiencies regarding its effectiveness have been identified; stresses that substantialany budget and staff increases for Frontex are conditional on its accountability and transparency, on its commitment to Union law, and on its fulfilment of its mandate; proposurges, therefore, to make the budget allocations conditional upon Frontexrestore the budget allocations to its level of 2021, and to make the budget allocations any budget and staff increase conditional upon all the ongoing investigations are completed as well as Frontex finalisation of the recruitment of at least recruiting 40 fundamental rights monitors at AD grade, adopting a clear procedure for the implementation of Article 46 of Regulation (EU) 2019/1896 of the European Parliament and of the Council1 , and swiftly appointing deputy executive directors in line with Frontex’ 2019 mandate; recalls that the fulfilment of these conditions are in line with Frontex’ 2019 mandate; expresses its deep concern that Frontex is the JHA Agency that has been receiving more significant budget increases in the last years; _________________ 1Regulation (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 18 #
2021/0227(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls the estimate made by the European Public Prosecutor’s Office (EPPO) that it will process 3 000 investigations in 2022; emphasises that EPPO is a prosecutorial body with mandatory competences and obligations to investigate irrespective of budgetary provision; is concerned that the funding proposed for 2022 does not include a meaningful increase as compared with 2021; stresses that a substantial funding increase to EUR 565,76 million and 59 additional members of staff are required;
Amendment 20 #
2021/0227(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses the need at least to maintain the funding as per Commission proposal, and to reinforce the staff of the EDPS in order to allow the EDPS to carry out all the tasks it is entrusted to and to cope with the increase in workload; considers the work of the EDPS crucial to ensure there is compliance with EU data protection rules, especially in the context of digitalisation, including the increased use of AI and the risks it entails, the conclusions of the Schrems II judgement and the new mandates of some JHA Agencies;
Amendment 29 #
2021/0227(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Regrets the decrease of 3,3 % in commitment and payment appropriations for the European Union Agency for Law Enforcement Training (CEPOL) and requests rather additional funding of EUR 750 000 and additional five posts in the establishment plan, which would contribute to support CEPOL in providing effective fundamental rights and anti- racism trainings to law enforcement officials; considers it essential to address police violence and institutional racism in law enforcement;
Amendment 38 #
2021/0227(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Is deeply concerned by the continuing loss of lives in the Mediterranean Sea, which have increased 56,6 % with respect to last year; considers thatis of the opinion that a more long-term approach to search and rescue (SAR) operations is necessary as SAR cannot be exclusively left to non-state actors; urges the Commission shouldto present a legislative proposal to set up a Search and Rescue Fund to support search and rescue missions in the Mediterranean Sea; proposes, therefore, the creation of a new budget line for such a fund to encourage the saving of lives and to show solidarity among Member States in the carrying out of SAR operations in accordance with international law and fundamental rights, including the right to life and the principle of non-refoulement;
Amendment 47 #
2021/0227(BUD)
Draft opinion
Paragraph 11
Paragraph 11
11. Reiterates its call for the creation of a separate budget line per specific objective set out in the legal bases of AMIF and the Instrument for Border Management and Visa Policy (BMVI); believes that a separate budget line per specific objective would help to ensure transparency, better budgetary scrutiny, and adequate funding for all objectives of AMIF and BMVI;
Amendment 49 #
2021/0227(BUD)
Draft opinion
Paragraph 12
Paragraph 12
12. Welcomes the proposed increase in commitment appropriations for the Citizens, Equality, Rights and Values Programme; highlights the importance of that programme for the promotion ofto support civil society, to sustain and promote an open, democratic and inclusive society, as well as for the promotion of gender equality, citizens participation and European citizenship education; calls for an increase in commitment appropriations for the Promote equality and rights, rights and gender equality budget line of EUR 15 millions, the Promote citizens engagement and participation in the democratic life of the Union budget line of EUR 1,5 million, the Daphne budget line of EUR 15 millions and the Protection and promotion of Union values budget line of EUR 1.5 million; at least 6 millions; stresses that two new budget lines on gender-based violence and on gender mainstreaming should be created, which correspond to specific objectives of the CERV Programme, in line with Regulation (EU) 2021/692; recalls that appropriate funding for the CERV Programme is essential particularly to address the pressing need to protect and promote Union values which are under increasing pressure across the EU and the alarming number of victims of gender- based violence, which has increased due to the COVID-19 pandemic;
Amendment 51 #
2021/0227(BUD)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Urges the Commission, the Council and Member States to implement gender budgeting in all public expenditure; recalls that gender budgeting should be an integral part of the budgetary procedure at all its stages and budget lines;
Amendment 53 #
2021/0227(BUD)
Draft opinion
Paragraph 13
Paragraph 13
13. Notes with regret the decrease in commitment and payment appropriations of 6 % and 16 % respectively for the Justice Programme; proposes rather to maintain the funding in 2022 at least at the level of the 2021 Budget, giving particular attention to access to justice and judicial training;
Amendment 41 #
2020/2215(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the report of the Council of Europe’s Committee on Equality and Non-Discrimination of 18 October 2017 on promoting the human rights of and eliminating discrimination against intersex people,
Amendment 43 #
2020/2215(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
- having regard to the report of the Council of Europe’s Committee on Equality and Non-Discrimination of 22 April 2015 on discrimination against transgender people in Europe,
Amendment 55 #
2020/2215(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regard to its resolution of 14 February 2019 on the rights of intersex people;1a _________________ 1a Texts adopted, P8_TA(2019)0128
Amendment 116 #
2020/2215(INI)
Motion for a resolution
Recital B
Recital B
B. whereas sexual and reproductive health and rights (SRHR) are based on the rights of all individuals to have their bodily integrity and personal autonomy respected; definhave their sexual orientation and gender identity fully respected; decide whether, with whom and when to be sexually active; decide whether, when and who to marry and when, whether and by what means to have a child or children; have access to the information and support necessary to achieve all of the above9 ; _________________ 9 Guttmacher-Lancet Commission, Executive Summary on sexual and reproductive health and rights, The Lancet, London, 2018, https://www.guttmacher.org/guttmacher- lancet-commission/accelerate-progress- executive-summary
Amendment 151 #
2020/2215(INI)
Motion for a resolution
Recital F
Recital F
F. whereas SRHR challenges and obstacles include: a lack of access, denial of medical care based on personal beliefs, gender-based violence, gynaecological and obstetric violence, a lack of comprehensive sexuality education, denial of access to information/education, a lack of available contraception methods, limited access to medically assisted reproduction treatments, forced sterilisation, including in the context of legal gender recognition, high rates of STIs and HIV, disparities in maternal mortality, high adolescent pregnancy rates, harmful gender stereotypes and practices such as female and intersex genital mutilation, early, forced and child marriages and honour killings; , honour killings and so-called “conversion therapy” practices, which can take the form of sexual violence such as “corrective rape” on lesbian and bisexual women and girls, as well as transgender persons; whereas the enjoyment of SRHR for LGBTI persons may be severely hindered due to the omission in sexual education curricula of the diversity of sexual orientation, gender identity, expression and sex characteristics;
Amendment 161 #
2020/2215(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 164 #
2020/2215(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas in certain circumstances transgender men and non-binary persons may also undergo pregnancy and should, in such cases, benefit from measures for pregnancy and birth-related care without discrimination on the basis of their gender identity;
Amendment 210 #
2020/2215(INI)
Motion for a resolution
Recital L
Recital L
L. whereas no woman should die in childbirth and evidence-based maternity, pregnancy and birth-related care is a human right;
Amendment 290 #
2020/2215(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls the views endorsed by the Committee of Ministers of the Council of Europe, which recommended trans- specific healthcare such as hormonal treatment and surgery to be accessible and reimbursed by public health insurance schemes;1a _________________ 1aCDDH Report on the implementation of Recommendation CM/Rec(2010)5 of the Committee of Ministers to Member States on measures to combat discrimination on grounds of sexual orientation or gender identity, ¶130, accessible at https://search.coe.int/cm/Pages/result_det ails.aspx?ObjectId=09000016809f9ba0
Amendment 315 #
2020/2215(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that all medical interventions related to SRHR must be undertaken with prior, personal and fully informed consent;
Amendment 319 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reaffirms its call on Member States to adopt legislation ensuring that intersex persons are not subjected to non- vital medical or surgical treatment during infancy or childhood, and that their right to bodily integrity, autonomy, self- determination and informed consent is fully respected;
Amendment 322 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
Amendment 341 #
2020/2215(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls that the imparting of information should reflect the diversity of sexual orientations, gender identities, expressions and sex characteristics, so as to counter misinformation based on stereotypes or biases; calls on Member States to develop age-appropriate sexual education curricula inclusive of the former;
Amendment 405 #
2020/2215(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Member States to review their national legal provisions on abortion and bring them in line with international human rights standards and regional best practices by ensuring that abortion at a woman’s and any pregnant person's request is legal in early pregnancy and even beyond if the woman’sir health or life is in danger;
Amendment 407 #
2020/2215(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines that all the rights afforded to women by law regarding abortion care must apply to all persons undergoing pregnancy, including transgender and non-binary persons, without discrimination on grounds of their gender identity or gender expression and in line with international human rights practices;
Amendment 410 #
2020/2215(INI)
Motion for a resolution
Subheading d
Subheading d
Maternity, pregnancy and birth-related care for all
Amendment 414 #
2020/2215(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls upon the Member States to adopt measures to ensure that all women and pregnant persons have access to affordable, evidence-based maternity, pregnancy and birth-related care;
Amendment 431 #
2020/2215(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls upon the Member States to ensure that maternity, pregnancy and birth-related care must be equally accessible to all persons undergoing pregnancy without discrimination of any kind, notably on grounds of sexual orientation or gender identity;
Amendment 484 #
2020/2215(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls upon the Commissioner for Equality to promote and protect SRHR and to include them in the next EU gender equality simplementation of the EU gender equality strategy and the EU LGBTIQ Equality Strategy;
Amendment 500 #
2020/2215(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls upon the Commission to strengthen its actions to counter the backlash against women’s rights and SRHR;
Amendment 12 #
2020/2196(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to its resolution of 13 November 2020 on the impact of COVID-19 measures on democracy, the rule of law and fundamental rights (2020/2790(RSP)),
Amendment 14 #
2020/2196(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to the European Union Agency for Fundamental Rights (FRA) Report of 8 December 2020 “Migration: fundamental rights issues at land borders”,
Amendment 37 #
2020/2196(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the very concept of Schengen cooperation, that of ensuring the absence of controls at internal borders, has been further challenged by the COVID-19 pandemic, which has been added to the grounds invoked since 2015 for the persistent retention of internal border controls by some Member States; recalls that Austria, Denmark, France, Germany, Norway and Sweden have border controls in place since 2015, introduced in the name of the “European refugee humanitarian crisis” and the fight against terrorism; reiterates its condemnation of the maintenance of internal border checks and its view that many of the prolongations are not in line with the rules pertaining to their extension, necessity or proportionality, and are therefore unlawful; calls on the Member States to immediately lift internal border controls, as they contribute to jeopardise the spirit of the Schengen Area;
Amendment 42 #
2020/2196(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out at the disproportionate interferences that internal border controls and travel restrictions might have on a wide range of human rights and fundamental freedoms, such as the rights to free movement, non-discrimination, privacy and data protection, family life and health; recalls, in this regard, the horizontal obligations stemming from article 4 of the Schengen Borders Code;
Amendment 43 #
2020/2196(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Condemns the increased use of fines and criminalisation of individuals not complying with travel restrictions as tools to address the COVID-19 pandemic; recalls that any measures to combat the pandemic and restricting fundamental rights should always be necessary, proportionate and temporary in nature, with a solid legal basis;
Amendment 70 #
2020/2196(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the Schengen evaluation reports and the vulnerability assessments continue to point to deficiencies and vulnerabilities in the protection and management of the external border; calls on the Member States to implement the recommendations addressed to them by the Council and Frontex, aimed at remedying the deficiencies and vulnerabilities;
Amendment 71 #
2020/2196(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is concerned about the impact of the existing travel restrictions on the rights of refugees and people seeking international protection; calls on the Commission and the Member States to ensure that the adoption of such measures be fully consistent with the requirements enshrined in articles 3 and 4 of the Schengen Borders Code and in the EU Charter of fundamental rights;
Amendment 78 #
2020/2196(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Expresses its deep concern about the repeated allegations concerning Frontex’s possible involvement in pushbacks and considers that internal reporting mechanisms, as well as parliamentary and public scrutiny over Frontex’s activities, must be reinforceds well as about its continuous participation in border management activities at the Hungarian border notwithstanding the recent findings of the ECJ in case C-808/18; considers that internal reporting mechanisms, as well as parliamentary and public scrutiny over Frontex’s activities, must be reinforced and effectively implemented; emphasises that Article 46 of the Regulation 2019/1896 instructs the Executive Director of Frontex to suspend, terminate or not launch activities if the conditions to conduct those activities, including compliance with fundamental rights, are violated; calls on the Executive Director to make any activity or assistance of the Agency conditional on the fulfilment of these fundamental rights obligations by Member States, which requires that Frontex ensures an effective system for signalling fundamental rights concerns and a pro-active approach in order to investigate allegations; recalls, furthermore, that rendering assistance to any person in distress at sea is a legal obligation under both EU and international law, and that search and rescue is an integral component of the European integrated border management under the EBCG Regulation;
Amendment 94 #
2020/2196(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deeply regrets the fact that there have been persistent and serious reports about violence and pushbacks at the external border, as well as the lack of adequate monitoring mechanisms to ensure respect for fundamental rights and the rule of law at the external borders; considers that the European Union Agency for Fundamental Rights (FRA) must be given an enhanced operational role and adequate additional resources with regard to the monitoring of respect for fundamental rights at the external borders; calls on the Commission to make sure that national monitoring bodies are effectively established and able to fulfil their role through sufficient resources, an adequate mandate and a high level of independence;
Amendment 96 #
2020/2196(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that respect for fundamental rights is a core element of border management and calls on the Commission and the Member States to promote and carry out effective, independent and prompt investigations on any allegations of pushbacks and ill- treatments at the borders, and to ensure that deficiencies are immediately remedied;
Amendment 100 #
2020/2196(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deeply regrets the fact that there have been delays in the implementation of the fundamental rights provisions of the new European Border and Coast Guard Regulation15 , such as the recruitment of 40 fundamental rights monitors by 5 December 2020 as stipulated in the Regulation; calls on Frontex, on the basis of Article 265 of the TFEU, to ensure the implementation of Article 110(6) of Regulation (EU) 2019/1896 within two months from the date of adoption of this resolution at the latest; stresses that all monitors recruited must be able to fulfil their tasks as foreseen in Article 110 of the EBCG Regulation, so they must be recruited at administrator level equivalent to a coordinating officer of an operation; __________________ 15 Regulation (EU) 2019/1896 of 13 November 2019.
Amendment 107 #
2020/2196(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the Commission’s intention to review the SEMM; recalls the discussions on its legal basis during the negotiations on the Schengen Governance Package in 2012 and insists on being involved in the reform of the mechanism on an equal footing with the Council, eitherpreferably through the use of the ordinary legislative procedure, or using the same method as for the adoption of Council Regulation (EU) No 1053/2013 establishing the SEMM; considers that shortening the deadlines, structurally evaluating respect for fundamental rights, including asylum-related rights, involving independent experts as well as monitoring bodies at national level, bolstering the possibility to conduct genuinely unannounced visits, strengthening the scrutiny role of the European Parliament and improving transparency must be key elements of any future reform;
Amendment 112 #
2020/2196(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Shares the view expressed by the Commission in its 2020 Report on the Functioning of the SEMM that the assessment of the respect for fundamental rights in the implementation of the Schengen acquis was not sufficiently integrated in the SEMM; stresses the importance to include such assessment across all Schengen policy fields and to make it a yardstick to evaluate Member States’ compliance with the different aspects of the Schengen acquis;
Amendment 127 #
2020/2196(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that another visit to Croatia should take place to further assess the protection of the external border, further to the visits of 2016, 2017 and the renewed visit of 2019; calls on Croatia to continue to implement ongoing actions and remedy any deficiencies identified, especially as regards staffing levels and land border surveillance capacity; insists that the forthcoming visit must also assess respect for fundamental rights and the reports about violence and pushbackto the visits of 2016, 2017 and the renewed visit of 2019, to assess the compliance of border management operations with fundamental rights, in view of the reports about violence and pushbacks at the external border; calls on Croatia to continue to implement ongoing actions and remedy any deficiencies identified, especially as regards staffing levels and land border surveillance capacity; calls on the Commission to fully monitor and ensure the respect of fundamental rights at the Croatian’s external border and promptly investigate any possible human rights violation, while launching infringement procedures where appropriate; calls on the Commission to revise its Communication on the verification of the full application of the Schengen acquis by Croatia of the 22nd of October 2019, in which the Commission considers that Croatia has taken the measures needed to ensure that the necessary conditions for the application of all relevant parts of the Schengen acquis are met, until Croatia fulfils its obligations in the field of fundamental rights;
Amendment 137 #
2020/2196(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes the progress made in the development of the new large-scale IT systems and interoperability among them; calls on the Member States, the Commission and the agencies involved to uphold the envisaged timetable for implementation and to make ad; recalls that the implementation of those systems might affect several fundamental rights, among which the ringht to this timetable a politicalprivacy and data protection and the principle of non- discrimination, and should proceed hand in hand with the establishment of appropriate safeguards as a matter of priority;
Amendment 139 #
2020/2196(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Is concerned, however, about the broad expansion of the scope of the new large-scale IT systems and of the interoperability among them in the fields of border and visa, police and judicial cooperation, asylum and migration which entails the serious risk of interferences with the fundamental rights framework enshrined in the EU primary and secondary legislation as well as of infringement of the principles of purpose limitation and proportionality;
Amendment 151 #
2020/2196(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the Commission and the Council have seriously neglected their obligations following the detection of serious deficiencies in the UK’s use of the Schengen Information System during the 2017 evaluation; reminds all actors of its request to immediately disconnect the UK, as expressed in the letters to the Commission and to the Council Presidency of 15 June 2020; recalls its position that ‘as a third country, the UK cannot have access to SIS’calls for close monitoring of the continued security cooperation between the EU and the UK during the foreseen six month extension granted by the Commission for data transfers; reminds all actors of its request to immediately disconnect the UK, as expressed in the letters to the Commission and to the Council Presidency of 15 June 2020; urges the Commission to take this track record of deficiencies into account during the ongoing adequacy decision assessment; recalls its position that ‘as a third country, the UK cannot have access to SIS’; takes note of the EU-UK Trade Cooperation Agreement which provides for the UK to lose access to SIS;
Amendment 170 #
2020/2196(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the Schengen Borders Code, in particular as regards rules on internal border controls, is no longer fit for purpose and requires an urgent and meaningful reform in order to strengthen mutual trust and solidarity, and to safeguard the integrity and full restoration of the Schengen area; stresses that the reintroduction of internal border controls should only ever be a measure of last resort, for a limited period of time, and to the extent that the controls are necessary and proportionate to the identified serious threat, paying particular attention to their impact on the right to freedom of movement and the principle of non- discrimination, while maintaining a distinction between different legal bases; considers that on each occasion that border controls are prolonged by a Member State, additional safeguards and oversight mechanisms should apply and that, in all circumstances, such measures should be withdrawn as soon as the underlying grounds for them cease to exist;
Amendment 5 #
2020/2194(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the Court found that the payments underlying the accounts were legal and regular for all agencies except for EASO, for which a qualified opinion was issued due to irregularities in regard to public procurement procedures and related payments; is disappointed that the legality and regularity of payments only slowly improved in 2019; regrets that, once again, there were irregular payments, representing 14,6 % of the value of all payments made by EASO in 2019; Acknowledgwelcomes that the Executive Director, who was appointed in June 2019, is taking action to improve the management of EASO and implementing corrective measures, as also highlighted by the Court;
Amendment 11 #
2020/2194(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the Court did not address ‘emphasis on the matter’ with regard to JHA agencies, with the exception of FRONTEX, for which the Court drew attention to the level of error related to equipment expenditure in the context of grant agreements with cooperating countries; expresses its concern about the serious and repeated allegations of FRONTEX's involvement in pushbacks and violations of fundamental rights and about the lack of adequate staff and resources for the Fundamental Rights officer (FRO) and the Fundamental Rights Monitors in order to comply with their duty to monitor the Agency’s compliance with fundamental rights;
Amendment 13 #
2020/2194(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that public procurement continues to be the main area prone to error in relation to all Union decentralised agencies; calls therefore on the affected JHA agencies, i.e. Europol, CEPOL to improve their public procurement procedures with a view to ensure full compliance with applicable rules and as a result, theo achievement of the most economically advantageous purchases the appropriate balance between the three pillars of sustainable development - economic, social and environmental, while respecting the principles of transparency, proportionality, equal treatment and non- discrimination and eu-LISA to improve the recruitment procedure.; recalls that public procurement is a milestone for achieving the 2030 Agenda for Sustainable Development and its Sustainable Development Goals;
Amendment 19 #
2020/2194(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Urges all JHA agencies to take measures to ensure full compliance with Union transparency rules as well as with fundamental rights and data protection standards;
Amendment 22 #
2020/2194(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on all JHA agencies to ensure a gender balanced distribution on all levels of staff and report to the discharge authority on implemented measures and progress; invites the Court to systematically inform about it in its future reports;
Amendment 24 #
2020/2194(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Calls on all JHA agencies to promote and ensure diversity in its recruitment policy; urges all JHA agencies to develop internal policies and practice to ensure inclusiveness and diversity, and prevent any type of discrimination; invites the Court to systematically inform about it in its future reports;
Amendment 25 #
2020/2194(DEC)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Urges all JHA agencies to implement a clear anti-harassment policy to prevent and firmly condemn any such behaviour within the organisation;
Amendment 26 #
2020/2194(DEC)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Calls on all JHA agencies to take into account sustainability in their overall business processes in order to improve the agencies’ environmental performance, and to report to the discharge authority on implemented measures and progress;
Amendment 7 #
2020/2181(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes noteRegrets that the audit showed that a payment of 284 000 euros for the provision of “corrective maintenance in working order of the Schengen Information System” was not in compliance with the contractual provisions; notes that this was due to unavoidable operational reasonsfurther regrets that the audit also showed that the assessment of the applications against the eligibility criteria concerning recruitment procedures was not always rigorous enough;
Amendment 13 #
2020/2181(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the progress made regarding the Court’s recommendations from previous years.; calls on the Agency to continue stepping up efforts to implement corrective measures regarding the Court’s ongoing observations;
Amendment 4 #
2020/2172(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the important role of the European Union Agency for Law Enforcement Cooperation (‘Europol’) in supporting Member States’ criminal investigations; emphasises also the extension of its tasks and its growing role in the and in preventiong and combating of serious crime, including terrorism affecting two or more Member States;
Amendment 11 #
2020/2172(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that a number of projects had to be deprioritised in the revised Annual Work Programme for 2019 due to budgetary constraints and that due to the Commission’s request to reduce the staffing levels for Contract Agents (CAs) Europol deferred the recruitment of all CA vacancies in 2019; recalls, however, that the budget of the Agency increased from EUR 156 to 169 million and its staff from 826 to 837 compared to 2018;
Amendment 16 #
2020/2172(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets to note again the Court’s finding that there were weaknesses in contract management and ex ante controls linked that the Europol irregularly prolonged again the duration of a framework contract for the provision of business travel services by signing an amendment after the contract had expired; notes that this resulted in irregular payment of EUR 32 531 in 2019.recalls that this is a further amendment signed to the same contract in 2018 and notes that although a new framework contract for business travel services entered in force in 2019, Europol decided to extend the old contract; deplores that this resulted in irregular payment of EUR 32 531 in 2019; further regrets the shortcomings in public procurement found by the Court and underlines that the Agency should integrate sufficient checks concerning the terms used in the documents to the call for tenders in its ex- ante controls before signing the order forms;
Amendment 21 #
2020/2172(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Regrets the observation by the Court that Europol failed to make payments within prescribed terms as laid down in the Financial Regulation and that similar or even higher levels of delays were found in 2018 and 2017; stresses that according to the Court this recurrent weakness exposes the Agency to reputational risk; calls on Europol to take note of the observations by the Court and implement corrective actions;
Amendment 28 #
2020/2172(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on the Agency to ensure, in all its activities, full transparency and full respect with fundamental rights;
Amendment 4 #
2020/2158(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the fact that Eurojust was faced with a decrease in its budget from EUR 47 to 44 million (-6.38%) and a slight increase in staff from 238 to 239 (+0.4%) despite a 17% increase in workload compared to 2018; reminds that the workload is expected to increase further due to the new mandate which entered into force in 20191 ; further recalls that the number of coordination centres held in 2019 increased from 17 to 20 (+19%), demonstrating the popularity and utility of this operational tool; stresses the essential role that Eurojust plays in the Union security chainstresses the essential role that Eurojust plays in supporting and coordinating the work of national judicial authorities in investigating and prosecuting transnational crime and maintains that its budget should match its tasks and priorities in order to enable it to fulfil its mandate; _________________ 1Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32018 R1727
Amendment 7 #
2020/2158(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that an outstanding observation from 2018, namely, the use of a negotiated procurement procedure is still to be justified; further notes that the Court considers the Framework Supply Contract, all related specific contracts and all payments made under these contracts to be irregular; calls on the Agency to step up efforts to implement corrective measures regarding the Court’s ongoing observations;
Amendment 12 #
2020/2158(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes Eurojust’s new Rules of Procedure, its new rules on data protection, the four-year cooperation strategy specifying third States and international organisations, the cooperation agreement with Denmark, the setting up of an Executive Boardcloser cooperation with the Commission, the preparatory work for implementing the relationship between Eurojust and the EPPO, and the alignment of budget planning timelines and deliverables.
Amendment 4 #
2020/2152(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates the important role of the Fundamental Rights Agency (‘FRA’ or ‘the Agency’) in helping to ensure that the fundamental rights of people living in the Union are protected; recalls the importance of the Agency in promoting the reflection on the appropriate balance between security and fundamental rights; highlights, in particular, the value of the Agency’s studies and opinions for the development of Union legislation;
Amendment 5 #
2020/2152(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the fact that the Court of Auditors (‘the Court’) has declared the transactions underlying the annual accounts of the Agency for the financial year 2019 to be legal and regular in all material respects and that its financial position on 31 December 2019 is fairly presented; deplores the fact that the budget of the Agency of EUR 30 million decreased in 2019 to EUR 29 million and notes the slight staff increase from 110 to 114 in 2019; acknowledges the complex nature of the studies undertaken by the Agency, covering the law and practice of 27 Member States and the high number of publications produced and trainings delivered to ensure fundamental rights compliance that also contribute and feed into the work of different Union bodies and agencies; recommends to provide sufficient financial resources for a better performance of the duties entrusted to the FRA; welcomes the pro-active approach of the Agency towards the Parliament and considers that the Agency should be able to offer opinions on legislative proposals on its own initiative and to all areas of rights protected under the Charter of Fundamental Rights of the European Union, including issues of judicial and police cooperation in criminal matters;
Amendment 10 #
2020/2152(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the levels of commitment carry-overs for operational expenditure once again remained high at 60 %, which is a lower percentage than in 2018, but still indicates a structural problem; recalls on the Agency tothat, as indicated by the Court, this mainly reflects the nature of the Agency’s core activities that include the financing of studies and other activities intended at raising rights’ awareness that span several months; calls on the Agency to continue further improveing its financial planning and its implementation cycles to resolve this situation;
Amendment 15 #
2020/2152(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the progress made by the Agency in relation to the recommendations of the Court on the introduction of e- tendering; calls on the FRA to stepcontinue stepping up its efforts regarding the outstanding recommendation on e- submission.
Amendment 19 #
2020/2140(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes with concern the nine cases of suspected fraud that were communicated to OLAF by the Court in 2019 of which OLAF has opened five investigations; recalls that in 2018 the Court also reported nine cases;
Amendment 21 #
2020/2140(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 12 #
2020/2136(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Article 50 of the TEU solvaddressed the pre-existing uncertainty and ambiguity surrounding the right to withdraw from the EU by explicitly giving Member States the unilateral right to withdraw, subject to no conditions apart from compliance with their own national constitutional requirements;
Amendment 19 #
2020/2136(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Article 50 of the TEU is silentnot clear enough on several aspects of the procedure that arose during the withdrawal of the UK from the Union and needs further clarification;
Amendment 27 #
2020/2136(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the decision to leave the EU resulting from the UK referendum, as expressed by UK citizens in a free and democratic process, was entithe majority of citizens in England and Wales but by a minority of citizens in Scotland and Northern Irely and fully, was respected in line with the values of freedom and democracy, as referred to in Article 2 of the TEU; whereas this referendum was not accompanied by sufficient guidance or awareness-raising campaigns for citizens on the withdrawal process;
Amendment 35 #
2020/2136(INI)
Motion for a resolution
Recital G
Recital G
G. whereas under the TEU, citizens are directly represented at Union level in the European Parliament; whereas the European Parliament played a crucial role in representing UK and EU citizens during the process;
Amendment 61 #
2020/2136(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the provisions of Article 50 of the TEU and the way in which they were interpreted and implemented reflect the common values that are at the foundation of the Union, in particular freedom, democracy and the rule of law; Emphasises that safeguards should be established to ensure that the public debate preceding the triggering of Article 50 by a Member States allowed for informed decision of citizens; Notes with concern the lack of debate in the departing Member state on the definition of leaving the European Union;
Amendment 64 #
2020/2136(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that Article 50 of the TEU has met its objectives of preserving the sovereign right of a Member State to withdraw from the European Union and of ensuring the orderly withdrawal of the UK from the Union, while allowing for the subsequent building of an enhanced relationship between the EU and the UK as a third country; Considers that there are still some aspects of Article 50 that could be improved including the risk of no deal, the withdrawal notification revocation and the length of the conditional to agreement negotiation period;
Amendment 68 #
2020/2136(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the aims of Article 50 of the TEU and the withdrawal negotiations with the UK of ensuring disentanglement from the Union, providing legal stability and minimising disruption, and providing a clear vision of the future for citizens and legal entities, by ensuring an orderly withdrawal, while protecting the integrity and interests of the European Union, its citizens and its Member States, were generally achieved; achieved to some extent, in spite of the low level of planning from the departing state; considers that the withdrawal process was complex but that more could have been done to ensure legal certainty, especially for citizens and businesses; considers that the two year period set out in Article 50 is the minimum time period for negotiations, and suggests that this time period could be increased in order to better accommodate the major political and economic changes, including disruptive divergence of regulatory regimes;
Amendment 70 #
2020/2136(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that the limited timeframe for negotiations should not lead to reduced scrutiny opportunities for national parliaments, including that of the departing Member state; Proposes that procedural guarantees ensure proper parliamentary scrutiny of the agreements reached, both in the European Parliament and in the departing State, notably by enabling enough time before their adoption;
Amendment 89 #
2020/2136(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes, nevertheless, that the withdrawal process was characterised by hesitancy on the part of the UK, leading to protracted uncertainty from the outset, reflected in the time gap between the referendum and the withdrawal notification under Article 50 of the TEU, and until the end of the negotiations, due to the spectre of a no-deal withdrawal; believes that this increased uncertainty for citizens and businesses on the island of Ireland in particular;
Amendment 95 #
2020/2136(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers, in this regard, that the political and economic consequences of the decision to leave the Union are significant; believes that these were not genuinely and fully assessed by the UK prior to its decision to withdraw, resulting in a lack of preparation for the procedure; Believes that citizens were not adequately informed about the far-reaching consequences of the decision to leave the Union; considers that the rights of European citizens resident in the departing state and citizens of the departing state resident in Member states should have been a major concern during the process, even in the event of a no deal outcome, and in the years to come;
Amendment 110 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – introductory part
Paragraph 11 – introductory part
11. Considers that Article 50 of the TEU strikes a balance between ensuring a withdrawal process and safeguarding the flexibility necessary for adaptation to the specific circumstances; believes, however, that, in the framework of a future reform of the Treaty, the opportunpossibility of remedying some of the loopholes identified in Article 50 of the TEU could be assessed, with particular regard to the following:
Amendment 134 #
2020/2136(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes, furthermore, that the withdrawal provisions of the Treaty should, as much as possible, ensure legal certainty for the EU citizens, as well as citizens of the departing State - including through affected by the withdrawal, setting out minimum standards for the protection of their rights; Believes that citizens and organisations representing citizens should be consulted throughout the withdrawal process;
Amendment 139 #
2020/2136(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Points out that in order to ensure a better level of democratic accountability and transparency and to avoid uncertainty for citizens and businesses, provisions should ensure that the triggering of Article 50 is accompanied by a mandate from the departing state concerning the withdrawal agreement and the future relationship;
Amendment 140 #
2020/2136(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Believes that, given the nature of the decision to leave the Union and its fundamental impacts on citizens of the departing states, the holding of a referendum to confirm the final decision to leave can be an important democratic safeguard; Considers that the confirmation of this final choice by citizens is also crucial in case negotiations of a withdrawal agreement would have failed to conclude, provoking a no-deal scenario; Considers that all possible steps should be taken during this process to avoid disinformation, foreign interference and funding irregularities;
Amendment 145 #
2020/2136(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Reminds that until a Member States has left the EU, its citizens remain EU citizens; Considers, therefore, that prior to the decision to trigger the Article 50 procedure and during the negotiations referred to in Article 50 (2), the EU institutions have a role to play towards their citizens; Believes, in particular, that provisions should ensure that the EU institutions provide information to the citizens during the different phases related to Article 50;
Amendment 159 #
2020/2136(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates that, until a withdrawal agreement enters into force or, failing that, the two-year period mentioned in Article 50(3) of the TEU has elapsed, the withdrawing State remains a Member State, and enjoys all the rights and is under all the obligations deriving from the Treaties without exception, including the principle of sincere cooperation laid down in Article 4(3) of the TEU, as well as the obligation to hold elections to the European Parliament, and full protection of all citizens’ rights;
Amendment 165 #
2020/2136(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Emphasises that the role of political oversight of the European Parliament is indispensable in a parliamentary democratic system; insists, in this regard, that no procedural constraints or political objectives should override or limit in time or scope the parliamentary scrutiny phase as regards any international agreements, including through their provisional application, and in particular, those concluded in the context of a withdrawal from the European Union;
Amendment 169 #
2020/2136(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers, in this context, that the role of the Parliament is essential in safeguarding the parliamentary and democratic dimension of a procedure with such a constitutional and institutional impact on the Union; cConsiders that citizens’ rights are an important issue and that the Parliament was particularly active in advocating for citizens throughout the process; Considers that its role must be enhanced in any future Treaty reform, in all aspects of the process from the negotiations to the implementation of a withdrawal agreement, including for major decisions such as extensions in accordance with Article 50(3) of the TEU;
Amendment 173 #
2020/2136(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Believes that the inclusion of the European Parliament during all the phases of the negotiation and the level of transparency throughout the negotiation process was instrumental in safeguarding the unity of the Union and guaranteeing the trust of the citizens; Notes that it demonstrates that when it comes to international negotiations, transparency is not detrimental to the Union interests but can on the contrary be a fundamental asset; Recommends, therefore, that the same level of transparency is applied to all negotiations of international treaties;
Amendment 185 #
2020/2136(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reiterates its call for an in-depth reflection on the withdrawal of the UK from the European Union, and on its impact on the future of the EU and the UK; believes that such a reflection should ensure an open and broadened dialogue on the reforms that the Union needs in order to reinforce democracy and the capacity to deliver on citizens needs and expectations; Emphasises that this reflection exercise should involve civil society and representatives of citizens’ rights organisations;
Amendment 196 #
2020/2136(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that it is the responsibility and role of the Union and its Member States to prevent the repetition of a withdrawal from the EU; calls on Member States to consistently provide wide- reaching information to EU citizens on the functioning of the European Union, its areas of action and, its decision-making processes and the rights of EU citizens; considers that for this purpose the Conference on the Future of Europe offers an opportunity for enhanced dialogue with citizens and civil society on the European Union and how it should evolve;
Amendment 2 #
2020/2135(INI)
Motion for a resolution
Recital B (new)
Recital B (new)
B. whereas according to Article 8 of the Treaty on the Functioning of the European Union, in all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women, establishing the principle of gender mainstreaming;
Amendment 8 #
2020/2135(INI)
Motion for a resolution
Recital H (new)
Recital H (new)
H. whereas 73 % of boys aged 15-16 feel comfortable using digital devices that they are less familiar with, compared with 63 % of girls in the same age bracket;
Amendment 9 #
2020/2135(INI)
Motion for a resolution
Recital I (new)
Recital I (new)
I. whereas the share of women among ICT and engineering graduates in the EU is 17%, whereas between 2004 and 2015, it declined in 20 Member States;
Amendment 10 #
2020/2135(INI)
Motion for a resolution
Recital J (new)
Recital J (new)
J. whereas among 8 million ICT specialists in the EU, women make up 17 %;
Amendment 59 #
2020/2135(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a (new). Calls on the Commission and the Member States to ensure equal access for women and girls to digital education; notes that closing the gap in digital education is fundamental to ensure that the digital transition does not leave anyone behind, ensures equal access to the labour market for women in the digital sector and prevents the gender pay gap;
Amendment 60 #
2020/2135(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a (new) . Stresses that combating the digital gender divide will ultimately lead to employing more human capital, skills and talent and bringing new female contributions to the economy and society also by promoting more gender responsive technologies;
Amendment 61 #
2020/2135(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a (new). Requests for the collection of nuanced gender statistics to evaluate policy outcomes and the collection of data disaggregated by gender and age to get a better picture of the digital gender divide; welcomes in that regard the decision to focus EIGE’s gender equality index of 2020 on work in a digital world;
Amendment 62 #
2020/2135(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a (new) . Calls for the implementation of policies with a holistic approach which involve all stakeholders - including state institutions, policy-makers, civil society and private sector organisations- in order to strengthen gender equality and ensure the realisation of women and girls’ human rights to education, work and decent livelihood;
Amendment 63 #
2020/2135(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a (new). Notes that Member States have a key role to play in ensuring the provision of public education in ways which enhance gender equality, provide the required digital skills for all and combat gender stereotypes for girls and boys, in particular in the area of ICT;
Amendment 64 #
2020/2135(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38 a (new). Stresses that gender budgeting and mainstreaming must be part of any policy, including in digital education policies;
Amendment 26 #
2020/2132(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Considers that, were the Commission not to submit a legislative proposal and fail to provide proper reasons as required by Article 225 TFEU, following Parliament’s request, this would constitute a failure to act and Parliament should reserve its right to take action under Article 265 TFEU; is of the opinion that, if the Commission fails to implement Parliament’s call for a legislative act in the area of the ordinary legislative procedure, its resolution adopted by a majority of Members shall form the basis for a legislative procedure to be initiated by Parliament itself;
Amendment 29 #
2020/2132(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Deeply regrets the lack of follow- up by the European Council on the rule of law procedure launched by Parliament and its subsequent calls for acRecalls the 2016 and 2020 initiatives on the EU mechanism on democracy, the rule of law and fundamental rights; deeply regrets the consistent lack of proper response to Parliament’s initiative on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights governed by an interinstitutional agreement between the three institutions, consisting of an annual cycle of monitoring covering all aspects of Article 2 of the TEU and applying in an equal, objective and fair manner to all Member States; reiterates its call on the Commission and the Council to enter without delay into negotiations with Parliament on the interinstitutional agreement; believes that the persistent deterioration of democracy, the rule of law and fundamental rights in various Member States has shown the need for genuine interinstitutional cooperation;
Amendment 32 #
2020/2132(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Reiterates its reasoned proposal on the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded;reiterates its deep concern that the standard modalities for hearings do not ensure equal treatment for Parliament, on the one hand, and the Commission and one third of the Member States, on the other, for presenting the reasoned proposal and access to information;expresses its regret that the hearings have not yet resulted in any significant progress on addressing clear risks of a serious breach of EU values;considers that the Union remains structurally unprepared to counter the backsliding of democracy, fundamental rights and the rule of law and their violation in the Member States and points out that the Council’s failure to make effective use of Article 7 of the TEU continues to undermine the integrity of common European values, mutual trust, and the credibility of the Union as a whole; ';
Amendment 34 #
2020/2132(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 36 #
2020/2132(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Further regrets that the Council has to date refused to negotiate with Parliament regarding its right of inquiry, despite this contradicting Article 226 of the TFEU and the principle of sincere cooperation, leaving a provision of the Treaty non- implemented despite a duty to do so;
Amendment 39 #
2020/2132(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Believes that, in accordance with Article 15 of Regulation (EU) 2019/788, in case the Commission has failed to publish its intentions or has set out in a communication that it intends not to take action on a European Citizens’ Initiative (ECI) that has met the procedural requirements, Parliament should decide to follow up with an INL report that is based on the ECI; urges the Commission to commit itself to submit a legislative proposal following the adoption of a Parliament’s initiative that is based on an ECI that has met the procedural requirements and that is in line with the Treaties and the core values of the Union enshrined in Article 2 TEU; proposes in that regard to modify the Framework Agreement on relations between the Parliament and the Commission;
Amendment 43 #
2020/2132(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Considers that new EU law- making mechanisms associating EU citizens and their elected representatives in the Parliament should be designed in order to improve citizens participation and the European democracy as a whole; believes for instance that the procedural thresholds for ECIs should be lowered where the proposal for an ECI is co- signed by a minimum number of MEPs;
Amendment 44 #
2020/2132(INI)
6 c. Asks the Commission to study the possibility of introducing mechanisms of direct democracy, such as citizen's assemblies or referendum vote on specific issues, which would grant EU citizens decisional or consultative power in the EU law-making process, without depending on the reform of the Treaties.
Amendment 57 #
2020/2132(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes in the strongest terms the commitment made by Commission President von der Leyen to always respond with a legislative act to Parliament requests under Article 225 of the TFEU, with full respect for the proportionality, subsidiarity and better lawmaking principles; believes that this commitment should be translated into legal by amending the 2010 Framework Agreement on relations between the European Parliament and the European Commission and the 2016 Interinstitutional Agreement on Better Law-Making between the European Parliament, the Council of the EU and the Commission in order to strengthen Parliament’s power to influence the EU agenda;
Amendment 59 #
2020/2132(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Suggests that, before the next revision of the Treaties,inter-institutional arrangements are put in place in order to better regulate the areas where the Parliament already has a right of initiative with a view to ensure that these procedures are more efficient;
Amendment 60 #
2020/2132(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Believes that the reflection about the right of initiative of the Parliament has to go hand in hand with a wider reflection on political initiative within the EU decision-making process; suggests to improve the mechanism to follow-up on European Citizens Initiatives, notably by introducing a procedure according to which, in the event that the Commission, within the given deadlines, has failed to publish its intentions, or has set out in a communication that it intends not to take action on a European citizens’ initiative (ECI) which has met the procedural requirements and is in line with the Treaties, in particular the core values of the Union enshrined inArticle 2 of the TEU, Parliament could decide to follow up the ECI with a legislative own- initiative report (INL);
Amendment 63 #
2020/2132(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Suggests to substantially improve the involvement of the Parliament in the setting of the Commission Work Programme, for example by putting in place a joint procedure;
Amendment 81 #
2020/2132(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 109 #
2020/2132(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Suggests, aspart of the Conference on the Future of Europe, studying the possibility of introducing mechanisms of direct participation, such as citizens’ assemblies,in order to grant EU citizens the opportunity to express themselves and thereby engage in the EU law-making process;
Amendment 10 #
2020/2098(REG)
Proposal for a decision
Paragraph 2
Paragraph 2
2. Stresses that the sanitary crisis caused by the Covid-19 pandemic has revealed that its Rules of Procedure did not providrequire fmor all appropriate measures in order to facilitate thee developed procedures in order to ensure the unlimited functioning of Parliament in different types of extraordinary circumstances;
Amendment 11 #
2020/2098(REG)
Proposal for a decision
Paragraph 3
Paragraph 3
3. Takes notUnderlines the importance of the temporary measures adopted, in compliance with the rule of law, by its President and its governing bodies in the current sanitary crisis, in order to cope with such extraordinary circumstances; underlinstresses that there were no alternatives to those measures were neein ordedr to guarantee the continuity of Parliament’s business, as required by the Treaties, and that they allowinged Parliament to carry out its legislative, budgetary and political control functions during the crisis in accordance with the procedures provided for by the Treaties;
Amendment 13 #
2020/2098(REG)
Proposal for a decision
Paragraph 4
Paragraph 4
4. RecogniStresses that those temporary measures were fully justified and that they ensured the validity of all votes taken during their period of application;
Amendment 25 #
2020/2098(REG)
Title XIII a (new) – rule 237 a (new)
Amendment 33 #
2020/2098(REG)
Rules of Procedure
Title XIII a (new) – rule 237 c (new)
Title XIII a (new) – rule 237 c (new)
Amendment 7 #
2020/2072(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the situation with regard of the rule of law, democracy and fundamental rights has substantially deteriorated in a number of Member States; recalls in particularcalls for the adoption of a EU mechanism on democracy, the rule of law and fundamental rights which does not create a hierarchy of values and ensures that not only the rule of law, but also other Union values, including a wider spectrum of fundamental rights, are properly assessed; recalls the importance of upholding the rule of law and the obligation of Member States to ensure effective judicial protection, which is a core value of the Union as a community based on law;
Amendment 22 #
2020/2072(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Insists that the Union institutions are to practise mutual sincere cooperation in line with Article 13(2) TEU and therefore should all contribute to the defence of the Union values in accordance with the procedurevisions set out in the Treaties; calls for such activities to be governed by an interinstitutional agreement and for existing mechanisms to be consolidated, while setting out detailed assessmenannual reports of the situations in all Member States, based on the assessment of a panel of independent experts and determining preventive and corrective actions;
Amendment 26 #
2020/2072(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Proposes that the panel of independent experts consists of one expert appointed by each Member State’s parliament among former constitutional court or supreme court judges, as well as ten experts nominated by academia, civil society and international organisations and appointed by the European Parliament;
Amendment 31 #
2020/2072(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that for effective implementation, in accordance with Article 295 TFEU and their power of self- organisation, the three institution, the future Interinstitutional Agreement on an EU mechanism on democracy, rule of law and fundamental rights should also establish a joint body responsible for coordinatclear procedures for coordinating cooperation between institutions in this field; calls for the inclusion of a debate on the conclusions of the annual report ing their cooperation in this field Council and in an inter-parliamentary conference organised by the Parliament in an Annual Monitoring Cycle;
Amendment 39 #
2020/2072(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Insists that the Annual Monitoring Cycle should be governed by the principles of transparency, impartiality, and equality between Member States, be based on objective evidence from the assessment of the panel of independent experts and lead to effective and realistic measures such us infringement procedures or sanctions where relevant;
Amendment 53 #
2020/2072(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that, both in the process of establishment of the Interinstitutional Agreement and in the operation of the Annual Monitoring Cycle, the institutions should, in accordance with Article 11 TEU, maintain an open dialogue with representative stakeholders; the Annual Monitoring Cycle should therefore provide for compulsory consultations with organised civil society, and their views and contributions should be made public in that procesincluded in the annual reports;
Amendment 76 #
2020/2072(INL)
Draft opinion
Paragraph 9
Paragraph 9
9. Insist that, regardless of the annual cycle, while considering the gravity of the possible consequences of democracy, rule of law and fundamental rights violations and the scale of its effects, a specialn ad-hoc procedure for urgent cases of violation of Union values should be considered;
Amendment 83 #
2020/2072(INL)
Draft opinion
Paragraph 10
Paragraph 10
10. Underlines furthermore that while considerable delay in rendering judgments, in particular in the rule of law-related cases, may result in irreversible and severe harm caused by rule of law backsliding, more consideration should be given to strengthening the Court of Justice of the European Union’s potential and role in defending the rule of law; considers that such an option could be to provide for an accelerated procedure in all such cases, systematically applying interim reliefmeasures; calls on the Commission to systematically request interim measures in the cases related to the Union values and to submit requests seeking that payment of a fine be ordered in cases of non-compliance with the interim measures;
Amendment 84 #
2020/2072(INL)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses that any mechanism is incomplete without positive incentives such us concrete funding to support civil society organisations working on advancing fundamental rights, the rule of law and democratic principles; emphasises the importance of upholding the Union Values Strand in the Rights and Values programme in the MFF 2021- 2027;
Amendment 85 #
2020/2072(INL)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Calls to use the revision of the mandate of the Fundamental Rights Agency with a view to strengthening its ability to act in defence of the values enshrined in Article 2 TEU, such us providing assistance and expertise on draft EU legislation on its own initiative and not only when it is formally requested;
Amendment 4 #
2020/2035(INL)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to the Commission communication of 12 November 2020 entitled ‘LGBTIQ Equality Strategy (2020-2025)’,
Amendment 5 #
2020/2035(INL)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Commission’s Code of Conduct on Countering Illegal Hate Speech Online, launched in May 2016 and to its fifth evaluation round, resulting in the document ‘Factsheet – 5th monitoring round of the Code of Conduct’,
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 10 #
2020/2035(INL)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to its resolution of 10 June 2021 on promoting equality in science, technology, engineering and mathematics (STEM) education and careers,
Amendment 18 #
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 P9_TA(2021)0089
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 20 #
2020/2035(INL)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
— having read to its resolution of 12 September 2017 on the proposal for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence,
Amendment 36 #
2020/2035(INL)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the UN reports of Special Rapporteurs on violence against women, in particular the report of 18 June 2018 on online violence against women (A/HRC/38/47), the report of 6 May 2020 on combating violence against women journalists (A/HRC/44/52) and the report of 24 July 2020 on Intersection between the coronavirus disease (COVID- 19) pandemic and the pandemic of gender-based violence against women, with a focus on domestic violence and the “peace in the home” initiative (A/75/144),
Amendment 38 #
2020/2035(INL)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
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 76 #
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 patriarchal structures, the unequal distribution of power between women and men, in sexism and gender stereotypes, which have led to domination over and discrimination against women and LGBTI people by men;
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 86 #
2020/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas violence against women and girls and gender-based violence present different but not mutually exclusive forms and manifestations; whereas those different forms of violence are often interlinked and inseparable from offline violence because they can precede, accompany or continue them;
Amendment 92 #
2020/2035(INL)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas gender-based violence has increased during the COVID-19 pandemic; whereas the greater use of the internet during the COVID-19 pandemic increases online and ICT-facilitated gender-based violence;
Amendment 100 #
2020/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas among the most common types of gender-based cyberviolence are cyber harassment, cyber stalking, cyber bullyincluding the accessing, trollaking, online hate speech, flaming, doxxing and image- based sexual abuse are among the most common types of gender-based cyberviolencesharing as well as the creation and manipulation of data or images, including intimate data, without consent, and hate speech online, coercive control by digital surveillance and control of the communications via stalkerware and spyware apps; whereas some Member States have adopted specific legislations on some of thoese particularspecific forms only;
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 119 #
2020/2035(INL)
Motion for a resolution
Recital E
Recital E
E. whereas, despite a growing awareness of the phenomenon there is a lack of comprehensive and comparable disaggregated data on all forms of gender- based cyberviolence, the lack of collection of exhaustive and recent data and the underreporting of case; whereas despite a growing awareness of this phenomenon, the lack of comprehensive and comparable disaggregated data collection on all forms of gender-based cyberviolence prevents an accurate assessment of its prevalence; whereas the European added value assessment onlack of comparable data is also the result of a lack of harmonisation in the definitions linked to gender-based cyberviolence estimates that between 4 and 7% of women in the Union have experienced cyber harassment during the past 12 months, while between 1 and 3% have experienced cyber stalking; whereas comprehensive and comparable disaggregated data is essential to document all forms of gender-based violence and its root causes;
Amendment 124 #
2020/2035(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas gender-based violence continues to be underreported in the EU; whereas by equipping police officers with the soft skills to carefully listen, understand and respect all victims of all forms of gender-based violence they can help to address underreporting, re- victimisation and create a safer environment for survivors of gender- based violence; whereas ensuring accessible reporting procedures and mechanisms, as well as remedies, is indispensable to promote a safer environment for all survivors of gender- based violence;
Amendment 127 #
2020/2035(INL)
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. whereas the EAVA on gender- based cyberviolence estimates that 4 to 7% of women in the EU have experienced cyber harassment during the past 12 months, while between 1 and 3%have experienced cyber stalking; whereas the World Wide Web Foundation survey conducted in 2020 among respondents from 180 countries revealed that 52 % of young women and girls have experienced online abuse such as sharing of private images, videos or messages without their consent, mean and humiliating messages, abusive and threatening language, sexual harassment and false content, and 64 % of respondents stated they know someone who have experienced it; whereas according to this survey, women are more skeptical with regard to tech companies using their data responsibly;
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 134 #
2020/2035(INL)
Motion for a resolution
Recital F
Recital F
F. whereas women can be targeted by cyberviolence either individually or as members of a specific community; whereas intersectional forms of discriminatiointersectional forms of discrimination can exacerbate the consequences of gender-based cyberviolence; whereas women and girls belonging to ethnic or religious communities, racialized women and girls, women can exacerbate the consequences of gender-based cyberviolenced girls with disabilities, LGBTI people or teenagers, are bigger targets to online attacks;
Amendment 143 #
2020/2035(INL)
Motion for a resolution
Recital G
Recital G
G. whereas some women, such as politicians, women in public positions, journalists, activists, artists, 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 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 148 #
2020/2035(INL)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas gender-based cyberviolence often led to self-censorship and this situation can have a detrimental impact on the professional lives and reputations of survivors of gender-based cyberviolence, particularly of women journalists, politicians, activist, artists, bloggers and human rights defenders; whereas the violent and gendered nature of the threats makes that they often resort to the use of pseudonyms, maintain low online profiles, decide to suspend, deactivate or permanently delete their online accounts, or even to leave their profession entirely;
Amendment 153 #
2020/2035(INL)
Motion for a resolution
Recital H
Recital H
H. whereas gender-based cyberviolence impacts on mental and physical health, on the full exercise of fundamental rights and even on democracy, and has consequences on society, including an economic impact;
Amendment 181 #
2020/2035(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Union’s Gender Equality Strategy 2020-2025 put forward by the Commission as a tool to combat violence against women in all their diversity and gender-based violence and to tackle the root causes of it;
Amendment 185 #
2020/2035(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights that systemic and social discrimination, including gender, racial and economic discrimination, are reproduced and magnified online; recalls that these discriminations intersect, resulting in more extreme consequences for migrant women, women from ethnic or religious communities and racialized groups, women with functional diversity, LGBTI people and teenagers; recalls that structural discrimination, patriarchal structures and the unequal distribution of power are some of the main root causes of gender-based violence; underlines the urgency to tackle the root causes of gender-based violence and calls on the Commission to take this approach into account in its future proposal;
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 192 #
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, which can be physical, sexual, psychological or economic, because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; calls onurges Member States to increase the assistance they offer through shelters, helplines and support services to protect victims and facilitate the reporting of gender-based violence;
Amendment 204 #
2020/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the transnational nature of gender-based cyberviolence,all human rights violations, including gender-based cyberviolence; stresses that gender-based cyberviolence has additional transnational implications considering the cross-border dimension of the use of ICT;
Amendment 212 #
2020/2035(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to promote awareness -raising, to implement national criminal justice laws and specific policies and programmes to prevent gender-based cyberviolence and to fight against impunity for those who commit such acts; adequate national legislation, including criminal justice legislation, as well as specific policies and programmes to prevent gender-based cyberviolence such as educational programmes to address the root causes of gender-based violence in order to remove gender stereotypes and change social and cultural attitudes and programmes on digital education, literacy and skills, as well as policies and programmes to support and ensure reparation for the victims, including measures and education/trainings for justice officials and police forces for a better care of the victims of gender-based cyberviolence who decide to file complaints and face many obstacles when they want to do so, and to fight against impunity for those who commit such acts, including by revising and amending the current national provisions related to restraining orders that do not include breaching restraining orders through cyberviolence;
Amendment 223 #
2020/2035(INL)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights that the failure to address the lack of trust and confidence in the law enforcement authorities by survivors of gender-based violence is an important contributor for underreporting; calls on the Member States to invest in training and capacity building of police officers to equip them with the soft skills to carefully listen, understand and respect all survivors of gender-based violence to address underreporting, re-victimisation and create a safer environment for survivors; recalls the need to ensure accessible and safe reporting procedures and mechanisms, as well as remedies for survivors of gender-based violence; urges the Commission and the Member States to step up efforts in this direction;
Amendment 235 #
2020/2035(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission and the Member States to establish a reliable system for regularly collecting statistical disaggregated and comparable data on gender-based violence, including cyberviolence; recalls that comprehensive disaggregated and comparable data would help to measure the scale of the phenomenon and to find solutions; calls on the Member States to collect and provide the relevant data when requested, including to Eurostat; welcomes the Commission’s commitment to carry out a EU survey on gender-based violence with the results to be presented in 2023;
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 249 #
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, and fear or even suicidal thoughts, caused by cyberviolence, can have an impact on mental health;
Amendment 252 #
2020/2035(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that gender-based cyberviolence generates psychological, social and economic consequencesimpacts; notes that gender-based cyberviolence affects women and girls in different ways as a consequence of overlapping forms of discrimination based, on top of their gender, on their sexual orientation, race, religion or disability, among other, and recalls that an intersectional approach is crucial to understanding these specific forms of discrimination;
Amendment 260 #
2020/2035(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to give particular attention to women and girls belonging to groups put in a vulnerable situation as regards gender-based cyberviolence and to develop specific free of charge support services and educational programmes, including emergency and long-term support, such as psychological, medical, legal, practical and socio-economic support, and programmes, particularly on digital education, literacy and skills, dedicated to those specific groups;
Amendment 267 #
2020/2035(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Is concerned that most perpetrators of gender-based violence are men; underlines the essential role of education to promote and address the equal status and power relation between men and women, boys and girls, as well as to eliminate gender stereotypes, biases and patriarchal gender norms; is further concerned that men’s violence against women often starts with boy’s violence against girl’s, and considers that measures to address this phenomenon must start at an early age;
Amendment 269 #
2020/2035(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Deplores the fact that gender-based cyberviolence reduces the participation of women in publicand LGBTI people from public life and debate which, as a consequence, erodegrades theour democratic principles of the Unioncy and prevents women and LGBTI people to fully enjoy their fundamental rights and freedoms; further deplores that gender-based cyberviolence also leds to self-censorship; regrets that thatis ‘silencing effect’ has been particularly aimed at targeting women activists, journalists and, politicians, human rights defenders, artists and bloggers, with the intention of discouraging the presence of women in the political life and decision- making spheres; is concerned that the chilling effect caused by gender-based cyberviolence is often spilled over into reality offline;
Amendment 281 #
2020/2035(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recallgrets the fact that the gender gap exists across all digital technology domains, including new technologies such as AI, but is especially concerned about the gender gap in the field of technological innovation and research; reminds that gender stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls’ entry into the ICT and digital fields; stresses the need to tackle the gender gap in the ICT sector through education,urges the Commission and the Member States to tackle the gender gap particularly in sectors such as the ICT and STEM, notably through facilitating the access of women and girls to education and academia in these sectors, and promoting awareness- raising campaigns and the promotion of the representation of women in these sectors, in particular in decision-making positions;
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 291 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Points out that discourses around information and communication technology, participation, access rights and safety in technology and online are often not informed by a narrative of gender-based violence despite its prevalence;
Amendment 292 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Takes note of the Code of Conduct on Countering Illegal Hate Speech Online, promoted by the Commission, and of its fifth evaluation round, which found that most of the IT companies should improve their feedback to users’ notifications; recalls that civil society organisations should be included in evaluations and reviews of the Code of Conduct; highlights that the IT companies participating in the Code of Conduct only review requests for removal against their terms and conditions and community guidelines; acknowledges that while IT companies could have a supporting role, a wide margin of discretion to determine what violates their terms and conditions has been left to them;
Amendment 297 #
2020/2035(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the need to protect, empower, support and ensure reparation for victims of gender-based cyberviolence; calls on the Member States to ensure quality training for practitioners and other professionals, including for social services staff, law enforcement officers and justice officials, in cooperation with civil society organizations, to increase the resources to support victims of gender- based cyberviolence and to establish a clear protocol to aid victims of gender- based cyberviolence, as well as to avoid re-victimization; further calls on the Member States to ensure that the training for all practitioners includes a gender- responsive approach;
Amendment 345 #
2020/2035(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Requests that the Commission submit, without undue delay, on the basis of Article 83(1), first subparagraph, TFEU, a proposal for an act establishingthat includes measures to combat gender-based cyberviolence following, the recommendations set out in the Annex hereto; indicates that that proposal should not undermine the efforts to identify gender-based violence as a new area of particularly serious crime with a cross- border dimension pursuant to Article 83(1), third subparagraph, TFEU or any derivative legal acts onand a holistic directive to prevent and combat gender- based violence, both online and offline, as requested by Parliament in its previous calls;
Amendment 347 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 1 – paragraph 1
Annex I – Recommendation 1 – paragraph 1
The objective of the directive should be to establishis proposal is to include in the upcoming directive on combating gender-based violence minimum rules concerning the definition of the crime of gender-based cyberviolence and related sanctions, to establish measures to promote and support the action of Member States in the field of prevention of that crime and measures to protect, support and ensure reparation for the victims.
Amendment 349 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – subheading -1 (new)
Annex I – Recommendation 2 – subheading -1 (new)
Gender-based cyberviolence is a form of gender-based violence and is defined as any act of gender-based violence that is 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, or against LGBTI people because of their gender identity, gender expression or sex characteristics, and results in, or is likely to result in physical, sexual, psychological or economic harm, including threats to carry out such acts, coercion or arbitrary deprivation of liberty, in public or private life;
Amendment 350 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 2
Annex I – Recommendation 2 – paragraph 2
Aside from that, measures that aim to prevent gender-based cyberviolence and to assisprotect and support victims could be established on the basis of Article 83(1) TFEU because they are accessory to the main objective of the directive.
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 352 #
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 or against LGBTI people on the grounds of gender identity, gender expression or sex characteristics.
Amendment 355 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – introductory part
Annex I – Recommendation 2 – paragraph 4 – introductory part
Although it is not possible to present an exhaustive typology of the different forms of gender-based cyberviolence that affect women and LGBTI people on the grounds of gender identity, gender expression or sex characteristics, because it is constantly evolving and new forms are emerging, the following types should be mentioned and defined:
Amendment 357 #
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, creation and manipulation of private data or images, including intimate data without consent,specifically including image-based sexual abuse and, which refers to the non- consensual disclosure ofcreation and/or distribution of private sexual images, doxxing, and identity theft);
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 360 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 3 a (new)
Annex I – Recommendation 2 – paragraph 4 – indent 3 a (new)
- Recording and sharing images of rapes or other forms of sexual assault,
Amendment 362 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 5
Annex I – Recommendation 2 – paragraph 4 – indent 5
- threats (including direct threats and, threats of violenceand calls to violence, such as rape threats, extortion, sextortion, blackmail);
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 365 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 6
Annex I – Recommendation 2 – paragraph 4 – indent 6
- sexist hHate speech (including: posting and sharing violent content, use of sexist or gendered comments and insults, abusingcontent inciting to violence or hatred directed against women for expressing their own views and for turning away sexual advanceLGBTI people on the grounds of their gender identity, gender expression or sex characteristics);
Amendment 368 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 11
Annex I – Recommendation 2 – paragraph 4 – indent 11
Amendment 372 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 5
Annex I – Recommendation 2 – paragraph 5
The personal scope of the proposal should cover all victims of gender-based cyberviolence, with a specific recognition of intersectional forms of discrimination and victims participating in public life., which include the following: - Women and girls in all their diversity - LGBTI people on the grounds of gender identity, gender 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 375 #
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 stereotypes, while promoting responsible behaviour in the online space, with special regard ton social media platforms, and increasing literacy about the safe use of the internet;
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 377 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 2
Annex I – Recommendation 3 – paragraph 1 – indent 2
- research on gender-based cyberviolence (including causes, prevalence, impact);, victims, perpetrators, manifestations, channels and need for support services), including studies and adjustment of crime statistics of gender based cyberviolence to derive legislative and non-legislative needs. Research on gender-based cyberviolence should include data collection that is disaggregated, intersectional in perspective and holistic in scope
Amendment 381 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3
Annex I – Recommendation 3 – paragraph 1 – indent 3
- Mainstream digital education, literacy and skills, including in the school curricula, in order to promote an enhanced understanding of digital technologies and the empowerment of users, to improve digital inclusion, to ensure the respect for fundamental rights, to eliminate any gender inequality in access to technologies and to ensure gender diversity in the technology sector, particularly in the development of new technologies;
Amendment 382 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 a (new)
Annex I – Recommendation 3 – paragraph 1 – indent 3 a (new)
- Facilitate the access of women to education and academia in all digital technology domains in order to remove the gender gap.
Amendment 383 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 b (new)
Annex I – Recommendation 3 – paragraph 1 – indent 3 b (new)
- Ensure gender diversity in the tech sectors, such as ICT and STEM, particularly in the development of new technologies, including AI, and notably in decision-making positions.
Amendment 384 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 c (new)
Annex I – Recommendation 3 – paragraph 1 – indent 3 c (new)
Amendment 385 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 d (new)
Annex I – Recommendation 3 – paragraph 1 – indent 3 d (new)
- Provide educational programmes to promote and address the equal status and power relation between men and women, boys and girls, as well as to eliminate gender stereotypes, biases and patriarchal gender norms.
Amendment 386 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 e (new)
Annex I – Recommendation 3 – paragraph 1 – indent 3 e (new)
- Promote and share best practices in access to justice, sentencing and remedies that have a gender-responsive approach.
Amendment 388 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 5
Annex I – Recommendation 3 – paragraph 1 – indent 5
- support to civil society organisations working in the field of prevention of gender-based violence, including by providing financing support, as well as recognition of these organisations by ensuring that victims are referred to these by authorities and law enforcement.
Amendment 389 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 6
Annex I – Recommendation 3 – paragraph 1 – indent 6
- promotion of focused and continuous training for practitioners and other professionals, including in social services andstaff, law enforcement agencies; officers, justice officials and other relevant actors to ensure that the causes and impacts of gender-based cyberviolence are understood and victims are treated appropriatedly, and ensure that training for all practitioners has a gender- responsive approach.
Amendment 391 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 a (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 a (new)
Amendment 394 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 b (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 b (new)
- Ensure that all measures prevent re-traumatization and stigmatization of victims of gender-based cyberviolence.
Amendment 395 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 c (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 c (new)
- Ensure the participation of civil society organizations in the evaluations and reviews of the Code of Conduct on Countering Illegal Hate Speech Online and ensure that IT companies improve their feedback to users’ notifications, thus react quickly and effectively to the content flagged as illegal.
Amendment 397 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 e (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 e (new)
- All measures should be victims- centred and have an intersectional approach.
Amendment 398 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – title
Annex I – Recommendation 4 – title
Recommendation 4 on protection of, support to and compensreparation of victims
Amendment 399 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 1
Annex I – Recommendation 4 – paragraph 1 – indent 1
Amendment 401 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 1 a (new)
Annex I – Recommendation 4 – paragraph 1 – indent 1 a (new)
- Ensure that all training for practitioners have a gender-responsive approach and that the programme includes actions to abstain from practicing institutional behaviours that make individuals relive the trauma of the attack and thus add on to the negative experience (re-victimisation and stigmatisation).
Amendment 402 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 1 b (new)
Annex I – Recommendation 4 – paragraph 1 – indent 1 b (new)
- Install specialized contact points in social services and law enforcement agencies with special staff trained on gender-based cyberviolence as focal points for victims to report gender-based cyberviolence in an environment that is safe and comfortable for them. Contact points should be coordinated. These measures would contribute to address underreporting, re-victimisation and create a safer environment for victims of gender-based violence.
Amendment 403 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 2
Annex I – Recommendation 4 – paragraph 1 – indent 2
- fFacilitatinge access to information in a language that the victim can understand, particularly on the legal avenues and support services, and developing specific services for victims of cyberviolence (helplines, shelters);
Amendment 405 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 2 a (new)
Annex I – Recommendation 4 – paragraph 1 – indent 2 a (new)
- Equip the national telephone helplines with the necessary resources and expertise to also respond to the digital dimension of gender-based violence.
Amendment 406 #
2020/2035(INL)
- Set up an EU wide telephone helpline as a contact point for victims across the EU and ensure that victims can easily and freely use it.
Amendment 407 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3
Annex I – Recommendation 4 – paragraph 1 – indent 3
- fFacilitatinge reports by victims, allowing them to obtain protection orders, and developing redress mechanisms with adequate compensreparation measures;
Amendment 409 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 a (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 a (new)
- Individual assessments to identify the specific needs of the victims.
Amendment 410 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 b (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 b (new)
- Remove all the obstacles, including bureaucratic obstacles, that victims who decide to file a complaint may face.
Amendment 411 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 c (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 c (new)
- Create complaints mechanisms that are easily and immediately accessible to victims, including by digital means.
Amendment 412 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 d (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 d (new)
- For online platforms that are primarily used for the dissemination of user generated pornographic content, ensure that the platforms take the necessary technical and organisational measures to warrant the accessibility of a qualified notification procedure in the form that individuals may notify the platform with the claim that image material depicting them or purporting to be depicting them is being disseminated without their consent and supply the platform with prima facie evidence of their physical identity and that content notified through this procedure is to be suspended within 48 hours.
Amendment 413 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 e (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 e (new)
- For online platforms that are primarily used for the dissemination of user generated pornographic content, ensure that the platforms take the necessary technical and organisational measures to a warrant professional human-powered content moderation, where content having a high probability of being illegal, such as content depicting to be voyeuristic or enacting rape scenes, is reviewed.
Amendment 414 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 f (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 f (new)
- Ensure that victims have access to justice, remedies, as well as to safe and accessible reporting procedures and mechanisms, particularly in the country of residence. Access to remedies should not be contingent on the filing of a complaint.
Amendment 415 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4
Annex I – Recommendation 4 – paragraph 1 – indent 4
- dDeveloping cooperation mechanisms between relevant actors, such as social services, the judiciary, public prosecutors, law enforcement agencies, local and regional authorities and CSOs.
Amendment 416 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 a (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 a (new)
- Support to civil society organisations, particularly those that provide service, including by providing financing support.
Amendment 418 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 b (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 b (new)
- Promotion of the ethical development and use of technological solutions that support victims and that help identify perpetrators, in line with fundamental rights.
Amendment 420 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 c (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 c (new)
- All actions should be victims- centred and have an intersectional approach.
Amendment 421 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 d (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 d (new)
- The Commission should develop guiding principles for law enforcement officials when dealing with victims who are reporting gender-based cyberviolence, which should equip them with the necessary soft skills to carefully listen, understand and respect all victims of gender-based violence. The guiding principles should have agender- responsive approach.
Amendment 422 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 a (new)
Annex I – Recommendation 4 – paragraph 1 a (new)
Develop protection and support services which are accessible to all victims, free of charge including emergency and long- term support, such as psychological, medical, legal, practical and socio- economic support, taking into account the specific needs of the victims, and give particular attention to victims belonging to groups put in a vulnerable situation.
Amendment 424 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 3 a (new)
Annex I – Recommendation 5 – paragraph 1 – indent 3 a (new)
Amendment 425 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 3 b (new)
Annex I – Recommendation 5 – paragraph 1 – indent 3 b (new)
- Ensure effective cooperation between law enforcement authorities and tech companies and service providers, especially with regards to identification of perpetrators and gathering of evidence, which should be in full compliance with fundamental rights and freedoms and data protection rules.
Amendment 426 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 3 c (new)
Annex I – Recommendation 5 – paragraph 1 – indent 3 c (new)
- Any evidence should be gathered in a way that it does not cause secondary victimisation and re-traumatisation of the victim.
Amendment 427 #
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 girl victims (exploiting specific characteristics, vulnerabilities of women and girls online)victim;
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 429 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 5
Annex I – Recommendation 5 – paragraph 1 – indent 5
- aAll actions should be victim- centred and have an intersectional approach.
Amendment 430 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 5 a (new)
Annex I – Recommendation 5 – paragraph 1 – indent 5 a (new)
- Risk assessments should have a section to include and consider behavioural patterns and gendered aspects of the incident, such as stereotypes, discrimination, sexualized threats and intimidation. This information should be used to determine follow-up actions and to enhance the collection of data related to the different manifestations of gender-based cyberviolence.
Amendment 431 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 5 b (new)
Annex I – Recommendation 5 – paragraph 1 – indent 5 b (new)
- Ensure that the burden of proof is not on the victims’ side.
Amendment 432 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 6 – paragraph 1
Annex I – Recommendation 6 – paragraph 1
Amendment 6 #
2020/2017(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas Artificial Intelligence (AI) and digitalisation is fundamentally transforming our reality and the basis on which it is being shaped and regulated today will highly influence our future societies; whereas the lack of diversity in designing and financing AI is concentrating an increasingly large amount of power and capital in the hands of a select subset of people, which tend to be white, wealthy, highly-educated male and to underrepresent women and discriminated groups; whereas the development of AI under these circumstances have a high risk of perpetuating or even increasing gender and other inequalities; whereas there is a need to advocate for a human centred approach anchored in human rights and ethics for the development and use of AI;
Amendment 9 #
2020/2017(INI)
Draft opinion
Recital B
Recital B
B. whereas gender inequalities and discrimination, stereotypes and the accumulation of discriminations on grounds of race, ethnic or social origin, sexual orientation, gender identities and expression, religion or belief, residence status and disability have been reproduced through the design, input and use of artificial intelligence (AI) systems; whereas incomplete and inaccurate datasets and incorrect bias can distorts the reasoning of an AI system, and jeopardise gender equality in society; and are likely to make machine learning algorithms generate incorrect outputs, and therefore jeopardise gender equality in society; whereas data on disadvantaged groups and intersectional forms of discrimination tend to be incomplete and even absent; whereas addressing these biases requires greater vigilance, technical solutions and the development of clear requirements of fairness, accountability and transparency;
Amendment 13 #
2020/2017(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that AI may give rise to biases and thus to various forms of discrimination, especially where the training data used for machine-learning and AI is already biased in that it reflects existing discrimination in society; in this regard, recalls that everyone’s rights must be ensured and that AI initiatives that lead to discriminatory processes should not be allowed;
Amendment 15 #
2020/2017(INI)
Draft opinion
Recital C
Recital C
C. whereas gender inequalities are also created and replicated through the language and images disseminated by the media and AI-powered applications; whereas education, culture programmes and audiovisual contents are a fundamental tool for combatting gender stereotypes and therefore clear monitoring and an ethical and regulatory framework must be in place ahead of implementing automatized solutions for these key sectors of society;
Amendment 16 #
2020/2017(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that AI-poweredthe use of AI in education brings a wide range of possibilities and opportunities, while at the same timeincluding raising awareness of the potentials and risks; points out that if applied to the students themselves AI posinges risks regarding equal access to education and learning equalities; calls for the non- discriminatory use of AI in the education sector; recalls the risks and discrimination arising from recently developed AI tools used for school admission the use of which would be unlawful under Union data protection law; reminds that automated decisions about natural persons based on profiling, where they lead to legal or similar effects, are strictly limited and always require the right to human intervention and to explicability under the General Data Protection Regulation; underlines that this should be strictly adhered to especially in the education system, where decisions about future chances and opportunities are taken;
Amendment 29 #
2020/2017(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the Commission’s plan to update the Digital Education Action Plan in order to make better use of data and AI-based technologies so as to make educational systems fit for the digital age; stresses that generaleducational systems fit for the digital age, through making better use of data and improving education on data and AI-based technologies ; stresses that this is an important element to ensure there is more public awareness of AI at all levels, including awareness of AI risks relating to privacy and bias, which is essential for preparing everyoneenabling the public to make informed decisions; invites the Commission and Member States to include the above in educational action plans as well as in programmes which support the arts in order to illustrate the risks and biases of AI;
Amendment 33 #
2020/2017(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that AI has great potential to promote gender equality provided thbut further and important efforts need to be put from a regulatory point of view to eliminate conscious and unconscious bias are eliminated; stresses the need for AI to respect the principles and values of equality and non- discrimination between women and men; stresses, further, the importance of a risk-based approachdifferentiated and transparent risk-based approach based on the potential harm for the individual as well as for society and of continuous monitoring of existing and new algorithms;
Amendment 38 #
2020/2017(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that data protection and privacy can be particularly affected by AI; defendunderlines the principles established in the General Data Protection Regulation as guibinding principles for AI deployment; calls for stronger protection and safeguards in the education sector where children’s data are concerned;
Amendment 43 #
2020/2017(INI)
6. Underlines the need for explicability of AI algorithm-based automated individual decisions and the possibility of human verification, human intervention, and for due process, including the right of appeal, especifically, but not limited to, for decisions taken within the framework of prerogatives of public power, as enshrined in the GDPR;
Amendment 43 #
2020/2017(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for policies targeted at increasing the participation of women in the fields related to science, technology, engineering and mathematics (STEM) and AI, at combatting sexism in particularly male dominated work environments such as of AI and programming and the adoption of a multi-level approach to address the gender gap in all levels of education and employment in the digital sector;
Amendment 47 #
2020/2017(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to assess the risks of AI assisting the spread of disinformation in the digital environment and to propose recommendations, among others, for action against any AI-powered threats to free and fair elections and democracy; underlines that AI is also involved in the spread of disinformation about the Covid-19 pandemic; calls on the Commission to develop a regulatory framework that does not lead to censorship of individual content uploaded by users of social networks, but addresses the ways in which the content moderation algorithms are optimised towards engagement of their users; is seriously concerned that such optimisation favours content that is more outrageous and triggers more emotions, therefore giving a disadvantage to truthful and sober content;
Amendment 47 #
2020/2017(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the European Commission in respect of the obligation of gender mainstreaming and ahead any further legislation or policy to develop a comprehensive gender analysis on the potential impacts of AI in all sectors, including media, culture and education, in order to assess the risks and outline recommendations to correct potential negative gender equality outcomes for individuals and the society as a whole;
Amendment 50 #
2020/2017(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and Member States to take into account AI from a gender perspective when developing policy and legislation, and, if necessary,integrate the gender perspective in AI and to conduct systematic gender impact assessments when developing policy and legislation; Calls for the introduction in future AI regulations and programmes of gender equality targets and requirements for financing, developing and testing AI systems before they are applied with the view to eliminate potential discriminations or violations of other rights; Calls to adapt current legislation, including EU programmes to that end;
Amendment 52 #
2020/2017(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes that AI tools have the potentialare already used to fight illegal content online, with unclear results; but strongly recalls, ahead of the Digital Services Act expected for the end of this year, that such tools should always respect fundamental rights, especially freedom of expression, and should not lead to a general monitoring of the internetobligation to monitor the internet, nor to a general obligation to actively seek facts or circumstances indicating illegal activity;
Amendment 55 #
2020/2017(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines the importance of ensuring that the interests of women experiencing multiple forms of discrimination, marginalised and vulnerable groups are adequately taken into account and represented in any future regulatory framework; Notes with concern that marginalised groups risk of suffering new technological, economic and social divides with the development of AI;
Amendment 65 #
2020/2017(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the importance of the development and deployment of AI applications in the educational, cultural and audiovisual sectors in collecting more accurate and sex-disaggregated and other equality data, and applying modern machine learning de- biasing techniques, if needed, to correct stereotype gender bias, which may have negative impacts; Stresses the necessity to have complete, reliable and timely data and that its availability and access constitutes a prerequisite for installing AI-enhanced data analytics systems;
Amendment 68 #
2020/2017(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that for the purpose of analysing the impacts of algorithmic systems on citizens, access to data should be extended to appropriate parties notably independent researchers, media and civil society organisations, while fully respecting Union data protection and privacy law;
Amendment 69 #
2020/2017(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission to include education in the regulatory framework for high-risk AI applications given the importance of ensuring that education continues to contribute to the public good and given the high sensitivity of data on pupils, students and other learners; emphasises that in the education sector, this deployment should involve educators, learners and wider society and take their needs and the expected benefits into account in order to ensure that AI is used purposefully and ethically;
Amendment 71 #
2020/2017(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the Commission to encourage the use of EU programmes such as Horizon Europe, Digital Europe and Erasmus+ to promote multi- disciplinary research, pilot projects, experiments, development of tools including training, for the identification of gender biases in AI, and awareness raising campaigns for the general public;
Amendment 3 #
2020/1998(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. RegDeplorets that the proposed commitment appropriations for the “Citizens, Equality, Rights and Values Programme” at EUR 90 600 000 are much lower than initially requested by the Parliament; requests, in line with the first reading position of the Parliament adopted on 17 April 2019, that commitment appropriations are increased to EUR 265 000 000 and that a new budget line to “promote and protect Union values“ (EUR 120 000 000 in commitment appropriations) is created; calls, in line with the partial agreement reached with Council, to increase the commitment appropriations under the “Daphne” budget line to EUR 37 100 000 and to earmark EUR 27 300 000 of this amount for the fight against gender-based violence by creating a subline “Combating all forms of gender-based violence”; calls further for an increase of the commitment appropriations of the budget line “Promote citizens engagement and participation in the democratic life of the Union” to EUR 70 600 000, to rename the budget line “Promote equality and rights” to “Promote equality, rights and gender equality” and to earmark EUR 10 300 000 to “Promote gender equality and gender mainstreaming” by creating a new subline;
Amendment 8 #
2020/1998(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Considers that the budget lines under AMIF should be separated to facilitate greater transparency regarding how the financial resources of the Fund are allocated to the different specific objectives of that Fund;
Amendment 20 #
2020/1998(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes note of the proposal to increase the appropriations of the European Union Agency for Law Enforcement Cooperation (Europol) by 11.5% whileand to leavinge the number of statutory staff unchanged; remindnotes that the Agency is requested to provide increased operational support to Member States and, upon request, that it has recently launched new initiatives such as the European Financial and Economic Crime Centre and the Innovation Lab which require additional funding; expects Agency; also notes that Europol’s tasks mighto be further extended in 2021 with the upcoming revision of the Agency mandate; considers, therefore, that EUR 184 900 000 should be provide and recalls that any possible extension of Europol’s mandate should tgo the Agency in line with its request; requests to add further 63 posts to the Agency establishment planhand-in- hand with increased parliamentary scrutiny;
Amendment 24 #
2020/1998(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the importance of integrated border management to ensure the functioning of the Schengen area; highlights the important role of the European Border and Coast Guard Agency (Frontex) in this regard and calls for a significant budget increase for 2021 to EUR 838 000 000 to allowreminds that it is by large the Aagency to build and train its standhat has been receiving cmorps as well as to purchase own equipment, thereby allowing a successful deployment and operational support to the Member States at the external bordee significant budget increases in the last years;
Amendment 32 #
2020/1998(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Takes note of the estimation of the European Public Prosecutor’s Office (‘the EPPO’) that it will process information equivalent to 4,300 cases and 2,000 investigations in its first year of operation; expects the workload to increase further during the coming years; reminds that the EPPO is a prosecution office with mandatory competences; notes with concern the low funding level proposed in the Draft EU Budget 2021; stresses that a substantial funding increase to EUR 55 0500 000 will be required to allow the EPPO to meet its legal obligation to translate a huge volume of documents that are transmitted to judges at national level and to provide it with the requested 140 European Delegated Prosecutors and 219 staff members;
Amendment 35 #
2020/1998(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. RDeeply regrets the reduction of the European Union Agency for Fundamental Rights (FRA)’ budget by 0.4%; requests insteadurges to increase the Agency’'s commitment and payment appropriations to EUR 24 600 000at least the Agency’s initial request (EUR 24 600 000) and to also take into account the considerable extra efforts made by FRA to closely monitor the impact of fundamental rights during the COVID-19; deplores the fact that the budget for FRA has barely increased in the last years, and underlines that this can affect the quality of work that FRA provides, which has proved to be extremely valuable for EU policy; calls for adding two AD6 and two cContractual agent function group IV posts to the Agency establishment plan; highlights that without adequate financial and staff resources, the Agency may not be able to implement projects that respond to identified needs;
Amendment 40 #
2020/1998(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Considers the proposed increase of appropriations for the European Union Agency for Criminal Justice Cooperation (Eurojust) insufficient in light of the challenges faced by the Agency with regard to digitalisation and the continuously growing caseload; requests to provide the Agency with 17 additional posts and to increase its budget accordingly to EUR 43 800 000;
Amendment 44 #
2020/1998(BUD)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Urges the Commission, the Council and the Member States to implement gender budgeting in all public expenditure; recalls that gender budgeting should be an integral part of the budgetary procedure at all its stages and budget lines;
Amendment 44 #
2020/0374(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) A very significant turnover in the Union and the provision of a core platform service in at least three Member States constitute compelling indications that the provider of a core platform service has a significant impact on the internal market. This is equally true where a provider of a core platform service in at least three Member States has a very significant market capitalisation or equivalent fair market value. Therefore, a provider of a core platform service should be presumed to have a significant impact on the internal market where it provides a core platformoffers its services in at least three Member States and where either its group turnover realised in the EEA is equal to or exceeds a specific, high threshold or the market capitalisation of the group is equal to or exceeds a certain high absolute value. A provider should be considered to be offering its service in a Member State if the service is, for example, translated in one of official languages of the Member State or if the provider is actively seeking business opportunities in that Member State. A plain availability of a service in a Member State should not be considered as a proactive offering of a service by the provider. For providers of core platform services that belong to undertakings that are not publicly listed, the equivalent fair market value above a certain high absolute value should be referred to. The Commission should use its power to adopt delegated acts to develop an objective methodology to calculate that value. A high EEA group turnover in conjunction with the threshold of users in the Union of core platform services reflects a relatively strong ability to monetise these users. A high market capitalisation relative to the same threshold number of users in the Union reflects a relatively significant potential to monetise these users in the near future. This monetisation potential in turn reflects in principle the gateway position of the undertakings concerned. Both indicators are in addition reflective of their financial capacity, including their ability to leverage their access to financial markets to reinforce their position. This may for example happen where this superior access is used to acquire other undertakings, which ability has in turn been shown to have potential negative effects on innovation. Market capitalisation can also be reflective of the expected future position and effect on the internal market of the providers concerned, notwithstanding a potentially relatively low current turnover. The market capitalisation value can be based on a level that reflects the average market capitalisation of the largest publicly listed undertakings in the Union over an appropriate period.
Amendment 52 #
2020/0374(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The conditions under which gatekeepers provide online advertising services including targeted online advertising services based on contextual information to business users including both advertisers and publishers are often non- transparent and opaque. This opacity is partly linked to the practices of a few platforms, but is also due to the sheer complexity of modern day programmatic advertising. The sector is considered to have become more non-transparent after the introduction of new privacy legislation, and is expected to become even more opaque with the announced removal of third-party cookies. This often leads to a lack of information and knowledge for advertisers and publishers about the conditions of the advertising services they purchased and undermines their ability to switch to alternative providers of online advertising services. Furthermore, the costs of online advertising are likely to be higher than they would be in a fairer, more transparent and contestable platform environment. These higher costs are likely to be reflected in the prices that end users pay for many daily products and services relying on the use of online advertising. Transparency obligations should therefore require gatekeepers to provide advertisers and publishers to whom they supply targeted online advertising services based on contextual information, when requested and to the extent possible, with information that allows both sides to understand the price paid for each of the different advertising services provided as part of the relevant advertising value chain. Contextual information may include keywords, the language setting communicated by the device of the end user or the geographical region of the end users to whom an advertisement is displayed, without allowing for the identification of one or more natural persons. The targeting of end users using personal data should be phased out.
Amendment 53 #
2020/0374(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The rules that the gatekeepers set for the distribution of software applications may in certain circumstances restrict the ability of end users to install and effectively use third party software applications or software application stores or repositories on operating systems or hardware of the relevant gatekeeper and restrict the ability of end users to access these software applications or software application stores or repositories outside the core platform services of that gatekeeper. Such restrictions may limit the ability of developers of software applications to use alternative distribution channels and the ability of end users to choose between different software applications from different distribution channels and should be prohibited as unfair and liable to weaken the contestability of core platform services. In order to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper the gatekeeper concerned may implement proportionate technical or contractual measures to achieve that goal if the gatekeeper demonstrates that such measures are necessary and justified and that there are no less restrictive means to safeguard the integrity of the hardware or operating system.
Amendment 56 #
2020/0374(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Gatekeepers may also have a dual role as developers of operating systems and device manufacturers, including any technical functionality that such a device may have. For example, a gatekeeper that is a manufacturer of a device may restrict access to some of the functionalities in this device, such as near-field-communication technology and the software used to operate that technology, which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. Such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. If such a dual role is used in a manner that prevents end users or alternative providers of ancillary services or of software applications to have access under equal conditions to the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services, this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. The gatekeepers should therefore be obliged to ensure access under equal conditions to, and interoperability with, the same operating system, hardware or software features that are available or used in the provision of any ancillary services by the gatekeeper.
Amendment 57 #
2020/0374(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) The conditions under which gatekeepers provide targeted online advertising services based on contextual information to business users including both advertisers and publishers are often non- transparent and opaque. This often leads to a lack of information for advertisers and publishers about the effect of a given ad. To further enhance fairness, transparency and contestability of online advertising services designated under this Regulation as well as those that are fully integrated with other core platform services of the same provider, the designated gatekeepers should therefore provide advertisers and publishers, when requested, with free of charge access to the performance measuring tools of the gatekeeper for the purpose of targeted digital advertising based on contextual information and the information necessary for advertisers, advertising agencies acting on behalf of a company placing advertising, as well as for publishers to carry out their own independent verification of the provision of the relevant online advertising services.
Amendment 58 #
2020/0374(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) Business users that use large core platform services provided by gatekeepers and end users of such business users provide and generate a vast amount of data, including data inferred from such use. In order to ensure that business users have access to the relevant data thus generated, the gatekeeper should, upon their request, allow unhindered access, free of charge, to suchaggregated, non-personal data. Such access should also be given to third parties contracted by the business user, who are acting as processors of this data for the business user. Data provided or generated by the same business users and the same end users of these business users in the context of other services provided by the same gatekeeper may be concerned where this is inextricably linked to the relevant request. To this end, a gatekeeper should not use any contractual or other restrictions to prevent business users from accessing relevant data and should enable business users to obtain consent of their end users for such data access and retrieval, where such consent is required under Regulation (EU) 2016/679 and Directive 2002/58/EC. Gatekeepers should also facilitate access to these data in real time by means of appropriate technical measures, such as for example putting in place high quality application programming interfaces.
Amendment 59 #
2020/0374(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) In particular gatekeepers which provide access to software application stores, online search engines and online social networking services serve as an important gateway for business users that seek to reach end users, which can have an adverse effect on the end users' right to receive and impart information and ideas, and ultimately adversely affect media pluralism. In view of the imbalance in bargaining power between those gatekeepers on the one hand, and business users of their software application stores, particularly when accessing their online search engine and online social networks, on the other hand, those gatekeepers should not be allowed to impose general conditions, including pricing conditions, that would be unfair or lead to unjustified differentiation. Pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yardstick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by other providers of software application stores; prices charged or conditions imposed by the provider of the software application store, online search engine or online social networking service for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application store for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application store for the same service the gatekeeper offers to itself. Determining the fairness of general access conditions should allow for the revenue stream of digital content providers to be more transparent, notably in terms of revenues deriving from advertisement, and in terms of distribution of appropriate shares of revenues to the authors of works incorporated in press publications. This obligation should not establish an access right and it should be without prejudice to the ability of providers of software application stores to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act].
Amendment 66 #
2020/0374(COD)
Proposal for a regulation
Recital 79 – point 1
Recital 79 – point 1
This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular Articles 11, 16, 47 and 50 thereof. Accordingly, this Regulation should be interpreted and applied with respect to those rights and principles
Amendment 67 #
2020/0374(COD)
Proposal for a regulation
Recital 79 – point 1 – point 1 (new)
Recital 79 – point 1 – point 1 (new)
1) The Commission shall take enforcement action for non-compliance with this Regulation in an appropriate timeframe within legally binding deadlines. Where it adopts a non- compliance decision, the Commission in shall be entitled to specify the measures the gatekeeper shall implement to ensure effective compliance with its obligations. This may include, in addition to a cease and desist order, any proportionate measures to restore the contestability of the market where this has been harmed by the gatekeeper’s non-compliance. The Commission shall, where appropriate, be entitled to require the measures to be tested, including A/B tested, to optimise their effectiveness. The Commission shall regularly review the measures adopted to ensure compliance by the gatekeeper with its obligations under Articles 5 and 6, and where it finds that they are not effective, the Commission shall be entitled to require amendment of these measures.
Amendment 69 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular Articles 7, 8, 11 and 47 thereof. Accordingly, this Regulation is interpreted and applied with respect to those rights and principles.
Amendment 72 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. This Regulation is without prejudice to Regulation (EU) 2016/679 and Directive 2002/58/EC.
Amendment 76 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepersse rules are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this regulation; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2019/1150 and Regulation (EU) …./.. of the European Parliament and of the Council39 . _________________ 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 39Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 78 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h
Article 2 – paragraph 1 – point 2 – point h
(h) advertising services, including any advertising networks, advertising exchanges and any other advertising intermediation services, provided by a provider where the undertaking to which it belongs is also a provider of any of the core platform services listed in points (a) to (g);
Amendment 80 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
Article 2 – paragraph 1 – point 2 – point h a (new)
(h a) voice assistance
Amendment 83 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) Non-commercial, not-for profit, collaborative projects, organised on a voluntary basis should not be considered as core services.
Amendment 86 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23 a) ‘Consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes as defined in point (11) of Article 4 of Regulation (EU) 2016/679.
Amendment 96 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) it operates a core platform service which serves as an important gateway for business users to reachor end users to reach other business users or end users; and
Amendment 102 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – paragraph 1
Article 3 – paragraph 2 – point b – paragraph 1
for the purpose of the first subparagraph, monthly active end users shall refer to the average number of monthly active end users throughout the largest partat least six (not necessarily consecutive) months of the last financial year;
Amendment 116 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in business users or end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. ;
Amendment 120 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) refrain from directly or indirectly preventing or restricting business users from raising issues with any relevant public authority, including judicial authority, relating to any practice of gatekeepers;
Amendment 129 #
2020/0374(COD)
(g) provide advertisers and publishers to which it supplies advertising services, upon their request, with information concerning the price paid by the advertiser and publisher, as well as the amount or remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper., and refrain from collecting or processing personal data as defined by Regulation (EU) 2016/679 for the purpose of targeting the end users to whom advertisements are displayed;
Amendment 130 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) allow end users, and business users of number independent interpersonal communication services and social networking services to access and interoperate with the main functionalities of the gatekeepers’ services for the purpose of enabling cross-platform exchange of information by providing open standards, and open protocols including Application Programming Interfaces;
Amendment 134 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) refrain from using, in competition with business users, any data not publicly available, which is generated through activities by those business users, including by the end users of these business users and end users, of its core platform services or provided by those business users of its core platform services or by the end users of these business users;
Amendment 137 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow the installation and, effective use, setting as the default, and interoperability of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores or repositories to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper;
Amendment 138 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from embedding or treating more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking; the gatekeeper shall also refrain from favouring additional services or products offered by the gatekeeper or by a third party belonging to the same undertaking compared to similar services or products of third party, or from discriminating third parties in any way with unequal treatment on core platform services of the gatekeeper to similar services offered by the gatekeeper or a third party belonging to the same undertaking;
Amendment 144 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) allow business users, end users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any core platform or ancillary services; provide the information to allow third-party operating systems, software applications or ancillary services to interoperate with the gatekeeper's core platform services by making the core platform service's features and functionality available to the fullest extent as technically supported by the core platform service, for use with the third-party software application or service;
Amendment 148 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper for the purpose of targeted digital advertising based on contextual information and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory;
Amendment 152 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provide effective portability of data generated through the activity of a business user or end user and shall, in particular, provide tools for end users to facilitate the exercise of data portability, in line witheffective portability of personal data generated through his or her activity as end-user of platform services, in accordance with Article 20 of Regulation EU 2016/679, including by the provision of continuous and real-time access ;
Amendment 155 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point h a (new)
Article 6 – paragraph 1 – point h a (new)
(h a) allow end users, and business users of number independent interpersonal communication services and social networking services to access and interoperate with the main functionalities of the gatekeepers’ services for the purpose of enabling cross-platform exchange of information by providing open standards, and open protocols including Application Programming Interfaces;
Amendment 157 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or non-aggregated non- personal data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; and ensure that the functionalities for providing information and offering of the opportunity to give consent are as user- friendly as possible;
Amendment 165 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point j a (new)
Article 6 – paragraph 1 – point j a (new)
(j a) allow end users and business users to have information presented to them in chronological order only and, alternatively, where technically possible, to use third-party recommender systems, such third-party recommender systems shall have access to the same information that is available to the recommender systems used by the gatekeeper; such third parties shall process this information only to provide recommendations to the recipient;
Amendment 170 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. A gatekeeper shall implement and impose effective measures with its business partners to make sure that obligations provided for in this Article are effective also in the event that the final product is provided to consumers and business users by a third party and that such product includes a platform service operated by the gatekeeper;
Amendment 171 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it mayshall by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18.
Amendment 172 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. For the purposes of specifying the obligations under Article 6(1) points (j) and (k), the Commission shall also assess whether the intended or implemented measures ensure that there is no remaining imbalance of rights and obligations on business users and end users and that the measures do not themselves confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users.
Amendment 173 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6 a. For the purposes of specifying the obligations under Article 6(1) points (f) and (h.a), the Commission shall, in cooperation with the gatekeeper, business users and end user representatives define the open technologies, open standards and open protocols, including the technical interface (Application Programming Interface), that allow end users of competing software and services and business users to dock on to the gate keepers core service and to interoperate with it. Interoperation between end users shall require their informed consent where personal data is processed. Providers of online platforms shall not process information and personal data obtained for the purpose of interoperating for other purposes; interoperability obligations shall not limit, hinder or delay the ability of intermediaries to address vulnerabilities in order to comply with an obligation under Directive (EU) 2016/114842a or Regulation (EU) 2016/679. _________________ 42aDirective (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1–30)
Amendment 178 #
2020/0374(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) there is an imbalance of rights and obligations on business users or end users and the gatekeeper is obtaining an advantage from business users or end users that is disproportionate to the service provided by the gatekeeper to business users or end users ; or
Amendment 180 #
2020/0374(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of the gatekeeper or any part of the undertaking to which the gatekeeper belongs, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature, including through product design or by presenting end user choices in a non- neutral manner, or by otherwise subverting or impairing user autonomy, decision-making, or choice via the structure, function or manner of operation of a user interface or a part thereof.
Amendment 182 #
2020/0374(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where consent for collecting and processing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtainrequest the required consent to their processing, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, or to comply with Union data protection and privacy rules and principles in other ways including by providingprovide business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services.
Amendment 184 #
2020/0374(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Within six months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its core platform services identified pursuant to Article 3. This description shall be updated at least annually. The Commission shall develop, after consulting the European Data Protection Supervisor, the European Data Protection Board, civil society and experts, the standards and process of the audit. The Commission shall share the audited description, as well as any relevant materials that are collected in the context of supervising the gatekeepers that relate to the processing of personal data, with any competent supervisory authority upon its request.
Amendment 189 #
2020/0374(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1 a. Where processing of personal data is concerned, the Commission shall consult the competent data protection authorities in the context of its investigation before adopting a decision pursuant to Articles 15, 16 and 17.
Amendment 190 #
2020/0374(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In the course of a market investigation pursuant to paragraph 1, the Commission shall endeavour to communicate its preliminary findings to the provider of core platform services concerned within six months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6).
Amendment 193 #
2020/0374(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) be accompanied by a proposal for a delegated act amending Articles 5 or 6 as provided for in Article 10.
Amendment 197 #
2020/0374(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Commission may take the necessary actions toshall monitor the effective implementation and compliance with the obligations laid down in Articles 5 and 6 and the decisions taken pursuant to Articles 7, 16, 22 and 23.
Amendment 198 #
2020/0374(COD)
Proposal for a regulation
Article 25 – paragraph 5 a (new)
Article 25 – paragraph 5 a (new)
5 a. The Commission shall close its investigation by adopting a decision within 36 months from the opening of the investigation pursuant to Article 18.
Amendment 203 #
2020/0374(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1 a. Where the Commission considers it necessary, it may also hear other natural or legal persons before taking the decisions as provided for in paragraph 1. Applications to be heard on the part of such persons shall, where they show a sufficient interest, be granted. The national competent authorities designated under Article 21(a) may also ask the Commission to hear other natural or legal persons with sufficient interest.
Amendment 213 #
2020/0374(COD)
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2 a. Third parties representing business users or end users shall be entitled to lodge complaints, with regard to the non-designation of gatekeepers, non-compliance and systematic non- compliance by gatekeepers with their obligations in accordance with Article 3, 5 and 6, and request the opening of a market investigation; They shall submit evidence in support of their request; The Commission shall inform the third parties of its decision within three months.
Amendment 214 #
2020/0374(COD)
Proposal for a regulation
Article 33 – paragraph 2 b (new)
Article 33 – paragraph 2 b (new)
2 b. Amendment to Directive (EU) 2020/1828 The following point is added to the Annex I of Directive (EU) 2020/182843a: ‘(67) Regulation (EU) 20XX/XXXX of the European Parliament and of the Council on contestable and fair markets in the digital sectors” _________________ 43aDirective (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1–27)
Amendment 215 #
2020/0374(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The Commission shall publish the decisions which it takes pursuant to Articles 3, 7, 8, 9, 15, 16, 17, 18, 22, 23(1), 25, 26, 27, 33 and 2733a. Such publication shall state the names of the parties and the main content of the decision, including any penalties imposed.
Amendment 216 #
2020/0374(COD)
Proposal for a regulation
Article 36 – paragraph 1 a (new)
Article 36 – paragraph 1 a (new)
1 a. The Commission’s Annual Report on Competition Policy shall include a chapter on the implementation of this Regulation.
Amendment 49 #
2020/0345(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Ensuring an effective access of citizens and businesses to justice and facilitating judicial cooperation in civil, commercial and criminal matters between the Member States are among the main objectives of the EU’s Area of Freedom, Security and Justice enshrined in Title V of the Treaty.
Amendment 56 #
2020/0345(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Digitalisation of proceedings in civil and criminal matters should be encouraged with the aim of strengthening the rule of law and the fundamental rights guarantees in the Union, particularly by facilitating access to justice and ensuring the rights to an effective remedy and to a fair trial.
Amendment 57 #
2020/0345(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2 b) Special attention should be paid to respect the lines between distinct Union policy fields, notably criminal justice and internal security, so that the role of criminal justice and the democratic oversight are not undermined. Reciprocal judicial scrutiny of cross-border data- gathering measures should remain a key requirement of Union judicial cooperation in criminal matters, and constitute a key legal certainty factor.
Amendment 63 #
2020/0345(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 68 #
2020/0345(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Given the importance of the e- CODEX system for cross-border exchanges in the justice area in the Union, there should be a sustainable Union legal framework establishing the e-CODEX system and providing rules regarding its functioning and development. Such legal framework should clearly define and frame the components of the e-CODEX system in order to guarantee its technical sustainability. The system should define the IT components of an access point, which should consist of a gateway for the purpose of secure communication with other identified gateways and a connector for the purpose of supporting the message exchanges. It should also include digital procedural standards consisting of the business process models and templates defining the electronic format of the documents used in the context of those procedures to support the use of e-CODEX access points for legal procedures provided for by legal acts adopted in the area of judicial cooperation in civil and criminal matters and to enable the exchange of information between the access points.
Amendment 74 #
2020/0345(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Since it is necessary to ensure the long term sustainability of the e-CODEX system and its governance while taking into accountensuring the independence of the national judiciaries, an appropriate entity for the operational management of the system should be designated.
Amendment 75 #
2020/0345(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The most appropriate entity for the operational management of the system is an agency, since its governance structure allows for the involvement of Member States in the operational management of the system through participation in the Agency's Management Board, Advisory Groups and Programme Management Boards. The European Union Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA) established by Regulation (EU) 2018/1726 of the European Parliament and of the Council33 has relevant experience in managing large- scale IT Systems. eu-LISA shcould therefore be entrusted with the operational management of the e-CODEX system, under certain conditions. It is also necessary to adjust the existing governance structure of eu-LISA by adapting the responsibilities of its Management Board and by establishing an e-CODEX Advisory Group. Regulation (EU) 2018/1726 should therefore be amended accordingly. A specific Programme Management Board should also be established. _________________ 33Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99)
Amendment 77 #
2020/0345(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) According to Article 19 of Regulation (EU) 2018/1726 the role of the Management Board of eu-LISA is, inter alia, to ensure that all decisions and actions of the Agency affecting large-scale IT systems in the area of freedom, security and justice respect the principle of independence of the judiciary. The governance structure of the Agency and financing scheme further guarantee the respect of that principle. Ìt is also important to involve the legal professions and other stakeholdersactitioners, other experts and other stakeholders, such as the Hague Conference on Private International Law and scientific researchers, in the governance of the e-CODEX system through the Advisory Group and the Programme Management Board.
Amendment 83 #
2020/0345(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) e-CODEX correspondents designated by the Commission or by Member States should have the role of supporting the operation of the e-CODEX system among Member States but also among all relevant stakeholders, including those based in third countries, in view of reinforcing international cooperation and compatible multilateral technological standards.
Amendment 84 #
2020/0345(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The e-CODEX system can be used in cross-border civil and criminal proceedingmatters. However, given its open source nature, it could also be used infor other situationpurposes outside of the scope of judicial cooperation under national or Union law, as long as such use does not impair the use of the e-CODEX system for judicial proceedings. This Regulation should notonly apply to any use of the e-CODEX system which is not based on the legal acts listed in Annex Ithe cross-border exchange of data between connected systems via authorised e-CODEX access points, including any relevant structure involved in the operation of the e-CODEX system, in accordance with the corresponding digital procedural standards.
Amendment 86 #
2020/0345(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) eu-LISA should have more responsibility for the components of the e- CODEX system, except for the operational management of the Domibus Gateway software, since that software is currently provided on a cross-sectoral basis within the eDelivery building block by the Commission. eu-LISA should take over full responsibility for the operational management of the Domibus Connector software and the digital procedural standards from the entity managing the e- CODEX system. Given that the Domibus Gateway and the Domibus Connector are integral components of e-Codex, eu-LISA should issue guidance as to how to assure compatibility of the connector with the latest version of the gateway. To that end, the Commission should include eu-LISA in the preparatory work undertaken before eu-LISA takes over the e-CODEX system, and in the relevant governance body of the eDelivery building block from the moment of the entry into force of this Regulation.
Amendment 87 #
2020/0345(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) In order to supplement this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of extending the judicial procedures covered by the e- CODEX system and of delineating the extension of competences of eu-LISA. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 1a OJ L 123, 12.5.2016, p. 1.
Amendment 90 #
2020/0345(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The Commission should conclude a memorandum of understanding, in collaboration with all relevant stakeholders, in order to ensure coherence between the exercise of their respective responsibilities in relation to the components of the e-CODEX system referred to in this Regulation, and in view of ensuring better regulation standards.
Amendment 91 #
2020/0345(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The Member States should maintain a list of authorised e-CODEX access points operated within their territory, and communicate them to eu- LISA in order to enable the interaction between them in the context of the relevant procedures. The Commission should maintain a similar list of authorised e- CODEX access points operated by the Union institutions, bodies and agencies for the same reason. The entities operating the access points at national level or Union level may be public authorities, or legal persons, such as organisations representing legal practitioners or private companies. Bearing in mind the decentralised nature of the e-CODEX system, while eu-LISA should ensure the operational management of the e-CODEX system, the responsibility for setting up and operating the authorised e-CODEX access points should lie exclusively with the entities operating the relevant access points. The entities operating the authorised e-CODEX access point should bear the responsibility for any damage resulting from the operation of the authorised e-CODEX access point. authorised under national or Union law to operate the access points. The Union institutions, bodies, offices, agencies and European organisations operating as authorised e-CODEX access points are to comply with the data protection requirements and principles laid down in Regulation (EU) 2018/1725 of the European Parliament and of the Council1a. The entities operating authorised e-CODEX access points at national level are to comply with the data protection requirements and principles laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council1b and in Directive 2002/58/EC of the European Parliament and of the Council1c. Bearing in mind the decentralised nature of the e-CODEX system, while eu-LISA should ensure the operational management of the e-CODEX system, the responsibility for setting up and operating the authorised e-CODEX access points should lie exclusively with the entities operating the relevant access points. The entities operating the authorised e-CODEX access point should bear the responsibility for any damage resulting from the operation of the authorised e-CODEX access point. The Member States and the Commission should ensure that the entities operating the authorised e-CODEX access points have the necessary technical equipment and human resources in order to guarantee a proper and trustworthy functioning of the e-CODEX system. _________________ 1aRegulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 1bRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 1cDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 103 #
2020/0345(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) Member States should supervise their authorised e-CODEX access points, with closer scrutiny as regards private companies, in particular with respect to the mandatory data security measures to be put in place.
Amendment 104 #
2020/0345(COD)
(16) The national systems interconnected via the e-CODEX system should allow for monitoring its efficiency and effectiveness by providing a mechanism to monitor the outputs, results and impacts of instruments that enable the transmission of electronic data in the context of cross-border civil and criminal proceedings in the Union. The systems connected to the authorised e-CODEX access points should therefore be able to systematically collect and maintain comprehensive data on the use of cross- border civil and criminal proceedings in accordance with the relevant provisions of the legal acts listed in Annex I. This should not only alleviate the work of the Member States in collecting the relevant data and ensure mutual accountability and transparency, but also significantly facilitate the ex-post monitoring of the legal acts adopted in the area of civil and criminal cooperation by the Commission. The collected information should only encompass aggregated data and should not constitutetain personal data.
Amendment 106 #
2020/0345(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) eu-LISA should maintain a high level of security when carrying out its tasks. When undertaking further technical evolutions of software, eu-LISA should implement the principles of security by design and data protection by design and by default, in accordance with Regulation (EU) 2018/1725s (EU) 2016/6791a and (EU) 2018/17251b of the European Parliament and of the Council, as well as with Directive 2002/58/EC of the European Parliament and of the Council1c. The entities operating the authorised e-CODEX access point should bear the responsibility for the security and the protection of the data transmitted via their access points. _________________ 1aRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 1bRegulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 1cDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 237).
Amendment 112 #
2020/0345(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The handover should also ensure that any intellectual property rights or usage rights relating to the e-CODEX system and the relevant supporting products are transferred so as to enable eu- LISA to carry out its responsibilities under this Regulation. However, for the main software components of the system, a contractual transfer should not be needed, as the Domibus software is open source and covered by the European Union Public Licence (EUPL). Maintenance and improvements of the software should maintain that licence or make use of compatible open source licencing, and where appropriate, source code contribution policies put into place.
Amendment 114 #
2020/0345(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order for the Commission to be able to evaluate the e-CODEX system on a regular basis, eu-LISA should report to the Commission every two years on the technical evolution and the technical functioning of the e-CODEX system. In order to feed into that report, Member States should provide eu-LISA with the relevant information concerning the access points operated in their territory and the Commission should provide similar information concerning the access points operated by Union institutions, bodies and agencies. but also Union organisations. The information on the evaluation of the e-CODEX system should be regularly transmitted by the Commission to the European Parliament and to the Council.
Amendment 117 #
2020/0345(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) This Regulation should not provide any specific legal basis for processing personal data. Any processing of personal data performed in the framework of this Regulation should be in accordance with the applicable data protection rules. Directive 2002/58/EC of the European Parliament and of the Council34a, Regulation (EU) 2016/679 of the European Parliament and the Council35 and Directive (EU) 2016/680 of the European Parliament and the Council36 , apply to the processing of personal data carried out by e-CODEX access points, operated by authorised e- CODEX access points which are established within the territory of the Member States according to this Regulation. _________________ 34aDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37). 35Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 36 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
Amendment 126 #
2020/0345(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall apply to the electronic transmission of information in the context of judicial cooperation in cross-border civil and criminal proceedingmatters by means of the e- CODEX system in accordance with the legal acts adopted in the area of judicial cooperation listed in Annex Iin civil and criminal matters within the competence of the Union.
Amendment 129 #
2020/0345(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘authorised e-CODEX access point’ means an e-CODEX access point which has been notified to eu-LISAauthorised under national or Union law which has been notified to eu-LISA by the Commission or a Member State in accordance with Article 5(4) or Article 7(1) and which is operating aone or more digital procedural standards as referred to in Article 4(3);
Amendment 130 #
2020/0345(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(b a) ‘e-CODEX correspondent’ means an entity designated by a Member State, the Commission or any other competent party, as competent to request and receive technical support as referred to in point (f) of Article 6(2) from eu-LISA in relation to the e-CODEX system;
Amendment 132 #
2020/0345(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘entity operating an authorised e- CODEX access point’ means a Union institution, body, orffice, agency or organisation, a national public authority or legal person which is operating an authorised e-CODEX access point;
Amendment 133 #
2020/0345(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘central testing platform’ means an e-CODEX access point used exclusively for testing, that provides a set of functions which can be used by entities operating authorised e-CODEX access points to verify the correct operation of their access points and the correct use of the e-CODEX digital procedural standards in the connected systems linked to these access points, while ensuring the integrity and availability of the rest of the e-CODEX system;
Amendment 135 #
2020/0345(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(g a) ‘digital procedural standard’ means all relevant technical specifications on business process models, data schemes and data exchanges, based on the Union e-Justice Core Vocabulary supporting the structure of the e-CODEX system.
Amendment 141 #
2020/0345(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. A digital procedural standard shall consist of the business process models and the templates defining the electronic format of the documents used in the context of the procedures laid down by the legal acts listed in Annex Ireferred to in Article 2.
Amendment 149 #
2020/0345(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. The Commission is empowered to adopt delegated acts to supplement this Regulation by extending the judicial procedures covered by the e-CODEX system and by delineating the competence of eu-LISA, following preparatory consultations with relevant stakeholders and experts.
Amendment 150 #
2020/0345(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission shall maintain a list of authorised e-CODEX access points which are operated by Union institutions, bodies, offices and agencies, as well as European organisations, and the cross- border civil and criminal procedurematters as well as formsthe digital procedural standards with which each access point is authorised to applyoperate. It shall notify the changes to eu- LISA without delay, without prejudice to the annual notification provided for in Article 14.
Amendment 155 #
2020/0345(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. eu-LISA shall be responsible for the operational management of the components of the e-CODEX system referred to in Article 4(2)(b) and (3) and of the supporting software listed in Annex II, according to the conditions laid down in the relevant delegated acts.
Amendment 156 #
2020/0345(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point g
Article 6 – paragraph 2 – point g
(g) maintenance and distribution to the authorised e-CODEX access points of the business process models, of the templatedigital procedural standards defining the electronic format of documentsata referred to in Article 4(3) and of the underlying pre- defined collection of data models;
Amendment 157 #
2020/0345(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point j
Article 6 – paragraph 2 – point j
(j) preparation and distribution to the authorised e-CODEX access points of new business process models and templates defining the electronic format of documents referred to in Article 4(3), digital procedural standards, including by organising and facilitating workshops with the e-CODEX correspondents.
Amendment 158 #
2020/0345(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. eu-LISA shall be responsible for the following additional tasks, in accordance with the conditions laid down in the relevant delegated acts:
Amendment 161 #
2020/0345(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall maintain a list of authorised e-CODEX access points, operated within their territory and, when relevant, operated in third countries, and the cross-border civil and criminal procedures as well as formthe digital procedural standards which each access point is authorised to apply. They shall notify the changes to eu-LISA without delay, without prejudice to the annual notification provided for in Article 14.
Amendment 163 #
2020/0345(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Each Member State shall designate up to fiveten e-CODEX correspondents. Only those correspondents, as defined in point (ba) of Article 3 shall be entitled to request and receive the technical support referred to in Article 6(2)(f).
Amendment 167 #
2020/0345(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The entity operating an authorised e-CODEX access point shall provide for a mechanism in its connected system(s) allowing for the retrieval of relevant data on the use of cross-border civil and criminal procedures in accordance with the relevant provisions of the legal acts listed in Annex Ireferred to in Article 2.
Amendment 168 #
2020/0345(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The responsibility for any damage resulting from the operation of an authorised e-CODEX access point and any connected systems shall be borne by the entity operating that authorised e-CODEX access point, which can claim compensation from a responsible third person or entity, under judicial oversight, when relevant.
Amendment 178 #
2020/0345(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
It shall without delay notify any security issue to eu-LISA and to the Member State that maintains the list of authorised e- CODEX access points where that access point is listed, or, in the case of an access point operated by a Union institution, body or, agency or organisation, to the Commission.
Amendment 179 #
2020/0345(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. As from 1 January 2023, the e- CODEX Advisory Group established pursuant to Article 27(dc) of Regulation (EU) 2018/1726 shall provide eu-LISA with the necessary expertise related to the e-CODEX system, in particular in the context of preparation of its annual work programme and its annual activity report. It shall also follow up on the state of implementation in the Member States and in the relevant structures using e- CODEX. The Advisory Group shall be informed of any security issues.
Amendment 183 #
2020/0345(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The e-CODEX Advisory Group shall involve in its work the professional organisationlegal practitioners, other experts and other stakeholders, which participated in the management of the e-CODEX system at the time of its handover and which can provide technical support for the further operation of the e-CODEX system, notably by providing scientific research support.
Amendment 187 #
2020/0345(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. By 1 January 2023, the Management Board of eu-LISA shall establish an e-CODEX Programme Management Board composed of ten members.
Amendment 189 #
2020/0345(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Programme Management Board shall be composed of eight members appointed by the Management Board,leven members: the Chair of the Advisory Group referred to in Article 11 and one member appointed by the Commission, eight members appointed by the Management Board, one member appointed by the Commission and one member appointed by the Parliament. The Management Board shall ensure that the members it appoints to the Programme Management Board have the necessary experience and expertise regarding the e- CODEX system, with at least half of them being women.
Amendment 192 #
2020/0345(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point d
Article 12 – paragraph 5 – point d
(d) admission of experts to the meetings, including professional organisations and other stakeholders, including from academia, participating in the management of the e- CODEX system at the moment of its handover;
Amendment 194 #
2020/0345(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
eu-LISA shall perform tasks related to the provision of training on the technical use of the e-CODEX system towards all relevant stakeholders in accordance with Regulation (EU) 2018/1726, including provision of online training material.
Amendment 195 #
2020/0345(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) the number and type of incidents encountered by entities operating authorised e-CODEX access points within the territory of the Member State and impacting the security of the e-CODEX system.
Amendment 196 #
2020/0345(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) the list of authorised e-CODEX access points that are operated by Union institutions, bodies and agencies, and the cross-border civil and criminal procedures and forms that each e- CODEX access point is authorised to apply, referred to in Article 5(4);
Amendment 197 #
2020/0345(COD)
(c) the number of messages sent and received by each authorised e-CODEX access point operated by Union institutions, bodies and agencies, grouped by corresponding authorised e-CODEX access point and cross-border civil and criminal procedure;
Amendment 198 #
2020/0345(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) the number and type of incidents encountered by entities operating authorised e-CODEX access points that are operated by Union institutions, bodies and agencies and impacting the security of the e-CODEX system.
Amendment 201 #
2020/0345(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. For the first time, threewo years after eu-LISA takes over responsibility for the e- CODEX system, and every fourthree years thereafter, the Commission shall produce an overall evaluation of the e-CODEX system. That overall evaluation shall include an assessment of the application of this Regulation and an examination of results achieved against objectives, and may propose possible future actions. At the time of the first evaluation, the Commission shall also reexamine the role of the Programme Management Board and its continuation. The Commission shall transmit the evaluation report to the European Parliament and the Council.
Amendment 1 #
2019/2207(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 4, 47, 48 and 52,
Amendment 2 #
2019/2207(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions1a, _________________ 1a OJ L 337, 16.12.2008, p. 102
Amendment 3 #
2019/2207(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention1b, _________________ 1b OJ L 294, 11.11.2009, p. 20
Amendment 4 #
2019/2207(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to its resolution of 5 October 2017 on prison systems and conditions1c, _________________ 1c Text adopted P8_TA(2017)0385
Amendment 5 #
2019/2207(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- having regard to its legislative resolution of 17 April 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Justice programme1d, _________________ 1d Text adopted P8_TA(2019)0406
Amendment 6 #
2019/2207(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings1e, _________________ 1e OJ L 65, 11.3.2016, p. 1.
Amendment 7 #
2019/2207(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that implementing the Framework Decision on the European Arrest Warrant (FDEAW) has put legal systems in many Member States under strain; notes that the FDEAW revealed stark national differences in substantive and procedural criminal law; believes that the cross-border dimension of an increased number of crimes, including those related to corruption, trafficking, digital crimes, environmental damage and gender-based violence, makes the respect of Rules of law and fundamental rights by Member States even more crucial, in particular when it comes to procedural rights;
Amendment 7 #
2019/2207(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
- having regard to Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings1f, _________________ 1f OJ L 132, 21.5.2016, p. 1.
Amendment 8 #
2019/2207(INI)
- having regard to Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters1h, _________________ 1h OJ L 130, 1.05.2014, p. 1.
Amendment 10 #
2019/2207(INI)
Motion for a resolution
Citation 15
Citation 15
— having regard to the European Added Value Assessment completed in January 2014 at the request of EPRS on the European Arrest Warrant, and to the cost of non-Europe study on Procedural Rights and Detention conditions of December 2017,
Amendment 11 #
2019/2207(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the Council conclusions of 16 December 2019 on alternative measures to detention: the use of non-custodial sanctions and measures in the field of criminal justice1i, _________________ 1i OJ C 422, 16.12.2019, p. 9
Amendment 13 #
2019/2207(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
- having regard to the Commission 2020 Rule of Law Report of 30 September 2020 (COM(2020)580),
Amendment 14 #
2019/2207(INI)
Motion for a resolution
Citation 19 b (new)
Citation 19 b (new)
- having regard to its Report of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (A9- 0170/2020),
Amendment 15 #
2019/2207(INI)
Motion for a resolution
Citation 19 c (new)
Citation 19 c (new)
- having regard to the reports by national, European and international NGOs,
Amendment 16 #
2019/2207(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
Amendment 18 #
2019/2207(INI)
Motion for a resolution
Citation 20 b (new)
Citation 20 b (new)
- having regard to the conventions, recommendations and resolutions of the Council of Europe on prison matters and on criminal law cooperation,
Amendment 22 #
2019/2207(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EAW is a simplified and fast-trackcross-border judicial surrender procedure which, since its launch, has been the flagship and most used instrument for mutual recognition in criminal matters;
Amendment 26 #
2019/2207(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that further horizontal measures need to be adopted in order to increase mutual confidence in national criminal justice systems, thereby leading to more efficient judicial cooperation; insists that alternatives to the European Arrest Warrant should be better explored and invested in and emphasises that the European Arrest Warrant should only be used in exceptional circumstances as a last resort;
Amendment 31 #
2019/2207(INI)
Motion for a resolution
Recital D
Recital D
D. whereas mutual recognition is not new but was developed in the area of free movement of goods, persons, services and capital (Cassis de Dijon logic); whereas, however, mutual recognition in criminal justice has a different logic and legal basis than the mutual recognition of market access rules;
Amendment 33 #
2019/2207(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers the FDEAW should be fully brought under the Lisbon Treaty as a new legislative instrumenat when all Member States’ full respect for their obligations regarding Rule of Law and Fundamental rights enshrined in the Treaties is guaranteed, the FDEAW should be fully brought under the Lisbon Treaty as a new legislative instrument; Believes that such an instrument should provide for adequate safeguards and ensure that the executing judicial authorities can refuse to execute a European arrest warrant when rule of law and fundamental rights deficiencies in the issuing Member State justify it; is convinced that this would provide substantial benefits in terms of democratic legitimacy, legal certainty and transparency, enhance coherence with other criminal law instruments, and allow for clarification of ‘judicial authority’ as an autonomous concept of EU law;
Amendment 33 #
2019/2207(INI)
Motion for a resolution
Recital E
Recital E
E. whereas mutual recognition means the direct recognition of judicial decisions from other Member States; with non- recognition as an exception; whereas it also entails cooperation between the competent judicial authorities; whereas mutual recognition and fundamental rights must go hand in hand; whereas minimum rules for mutual recognition adopted under Article 82 TFEU shall not prevent Member States from maintaining or introducing a higher level of protection for individuals;
Amendment 38 #
2019/2207(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas mutual trust requires Member States to be complying with EU law and particularly with the fundamental rights recognised by the Charter and the rule of law; whereas judicial independence is a fundamental requirement and should always be guaranteed; whereas, according to the Commission 2020 Rule of Law Report, judicial independence remains an issue of concern in some Member States;
Amendment 39 #
2019/2207(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Reiterates that moving forward with the pending Article 7 procedures is necessary for the protection of Rule of law, democracy and fundamental rights in the EU and for the building of mutual trust between Member States;
Amendment 40 #
2019/2207(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the EAW is the foundation for establishhas contributed to developing an area of freedom, security and justice; whereas its incorrect application could have devastating effects on individuals and their families, but also on the functioning of the Schengen area;
Amendment 49 #
2019/2207(INI)
Motion for a resolution
Recital J
Recital J
J. whereas double criminality is also a concept of international extradition and is scarcely compatible with mutual recognition; whereas the list of offences without a double criminality check should be reassessapplication of the principle of mutual recognition can result in a deviation from Member States’ responsibilities in protecting individuals’ fundamental rights; whereas double criminality check is necessary and must be applied; whereas in its initial proposal, the Commission sought an exhaustive list for which surrender could be refused (‘negative list’);
Amendment 53 #
2019/2207(INI)
Motion for a resolution
Recital K
Recital K
K. whereas mutual recognition needs harmonisation of criminal material law and procedure; whereas progress has been made in the last few years, such as the adoption of six directives on procedural rights, alternative measures to the EAW such as the EIO, Directive 2012/29/EU on victims’ rights20 , and the harmonisation of criminal offences; whereas the fact that several Member States have not fully and correctly implemented the procedural rights Directives remains a matter of concern; _________________ 20 OJ L 315, 14.11.2012, p. 57.
Amendment 68 #
2019/2207(INI)
Motion for a resolution
Recital O
Recital O
O. whereas facilitation and coordination by Eurojust has proven a useful tool for mutual recognition; whereas the mandate of Eurojust is independent of the EPPO;
Amendment 70 #
2019/2207(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas a harmonised EAW implementation, together with the full and correct implementation of the procedural rights Directives, an enhanced use of alternative measures to the EAW and the establishment of EU minimum standards such as on prison and detention conditions, will prevent forum shopping;
Amendment 72 #
2019/2207(INI)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Q a. whereas alternative and less intrusive measures to the EAW are underused; whereas detention should be limited to situations in which no alternative measure can be used; whereas even where available in law, practical challenges to the use of alternatives measures to detention persist;
Amendment 79 #
2019/2207(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the existence of particular problems; finds that these do not call the system into question; finds that the system depends on full compliance with the rule of law and fundamental rights in all Member States;
Amendment 82 #
2019/2207(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that such problems mainly relate to prison an detention conditions, proportionality, implementation in EAW proceedings of the procedural safeguards enshrined in EU law, in particular dual legal representation in both executing and issuing states, and specific training, judicial independence, the execution of custodial sentences23 , time limits24 and in absentia decisions; acknowledges that certain cases raised the issue of double criminality25 ; _________________ 23 CJEU, C-579/15, Popławski. 24 CJEU, C-168/13 PPU, Jeremy F. 25With guidance from C-289/15, Grundza, referring to Council Framework Decision 2008/909/JHA.
Amendment 86 #
2019/2207(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that issues were solvedattempts are being made to solve the issues by a combination of soft law (EAW handbook), mutual assessments, the assistance of Eurojust, CJEU case law and supplementing legislation (Framework Decision 2009/299/JHA andfunding of training programmes and toolkits for practitioners under the EU Justice Programme, CJEU case law and supplementing legislation (Framework Decision 2009/299/JHA and the adoption of the Directives on procedural rights for suspects and accused persons as set out in the roadmap of 2009, in particular of Directive 2013/48/EU);
Amendment 93 #
2019/2207(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that a more proportionate use of the EAW should be enhanced as all Member States take part in it;
Amendment 94 #
2019/2207(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the Treaties (Protocols 21 and 22) provide special status for two Member States – Ireland has an opt-in option and Denmark does not take part in EU criminal law, meaning that they make use of the EAW system but do not take part in all of the procedural safeguards Directives; highlights the importance of ensuring consistency on JHAin the area of freedom, security and justice;
Amendment 99 #
2019/2207(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines that the EAW should not be misused for minor offences; recalls that the EAW should be limited to serious offences where strictly necessary and proportionate; urges the use of less intrusive legal instruments; points out that issuing and executing authorities should carry out proportionality checks that involve a right to challenge the issuing of the EAW before surrender is ordered to avoid violations of fundamental rights from occurring before any ex-post remedy becomes available;
Amendment 102 #
2019/2207(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that according to the CJEU, the refusal to execute an EAW is an exception to mutual recognition and must be interpreted strictlypossible where one of the grounds for non–recognition (Articles 3, 4 and 4a EAW FD) or one of the guarantees (Article 5 EAW FD) applies; notes that limitations may be placed in exceptional circumstances to the principles of mutual recognition and mutual trust on the basis of Article 1(3) EAW FD; notes that a real risk of breach of the fundamental right to an independent tribunal and, therefore, of the essence of the fundamental right to a fair trial (Article 47(2) Charter) is capable of permitting the executing judicial authority to refrain from giving effect to an EAW26 ; _________________ 26 See, for example, Case C-216/18 PPU, Minister for Justice and Equality.
Amendment 107 #
2019/2207(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to provide for understandable data as the existing data is confusing and can offer a false impression ofcomprehensive and comparable quality data in order to properly assess the (non)efficiency of EAWs; calls on Member States to systematically collect and transfer data to the Commission;
Amendment 111 #
2019/2207(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that a double criminality check limits mutual recognition and, according to the CJEU, must be interpreted restrictively; notes that mutual recognition should ideallynot work automatically27 ; _________________ 27See, for example, the Commission communication of 26 July 2000 on the Mutual Recognition of Final Decisions in Criminal Matters (COM(2000)0495)., but requires an assessment of each case by the executing authority; recalls that a double criminality check is necessary given the absence of fully harmonised substantial criminal law as well as the absence of minimum procedural standards;
Amendment 114 #
2019/2207(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recalls that mutual recognition measures have led to inconsistent Member State practices with regard to legal safeguards and protections against fundamental rights violations; stresses the need to ensure effective and independent judicial oversight of mutual recognition measures;
Amendment 116 #
2019/2207(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Highlights that in order to be effective, the principle of mutual recognition must be premised upon mutual trust which can only be achieved if respect for the fundamental rights of suspects and accused persons and procedural rights in criminal proceedings are guaranteed throughout the Union; recalls the importance of implementing the procedural rights Directives with a view to guarantee the right to a fair trial; in this regard, urges the Commission to ensure their full and correct implementation and to consider launching infringement proceedings where necessary;
Amendment 120 #
2019/2207(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls onInvites the Commission to analyse common offences in the Member States and to abut stressess the possibility ofat given the increasing rule of law deficiencies in some Member States, expanding the list of offences that do not require a double criminality check; highlights the importance of assessing the inclusion of additional offenc could put individuals’ fundamentals rights at risk; highlights that the cross- border dimension of an increased number of crimes, such as particular environmental crimes (e.g. ship-source pollution offences), hate crimes, sexual abuse, offences committed through digital means such as identity theft, offences against public order and the constitutional integrity of the Member States, crimes of genocide, crimes against humanity and wacrimes of genocide, crimes against humanity and war crimes, makes the respect of rule of law and fundamental rights by Member States even more crucial, in particular when it comes to judiciary independence and the right to fair ctrimesal;
Amendment 124 #
2019/2207(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Welcomes the EAW coordination group recently set up by the Commission; believes that this group will contribute to enhancing the rapid exchange of up-to- date and reliable information, good practices and to strengthening cooperation which can lead to a more uniform application of the EAW between judicial authorities but also envisage better exchange of information between lawyers representing the persons concerned by EAWs in executing and issuing member states;
Amendment 125 #
2019/2207(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Highlights that double proportionality check in both the issuing and executing Member States would ensure protection for individuals and give the executing Member State the ability to check whether the benefits of extradition justify the burden and serve the overall interests of justice and whether EAWs for prosecution are only issued when the case is trial-ready for prosecution and not for investigations particularly where other less restrictive measures such as the European Investigation Order can be used instead to gather evidence without requiring the arrest and surrender of a person from another country;
Amendment 126 #
2019/2207(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 129 #
2019/2207(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 134 #
2019/2207(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 140 #
2019/2207(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the importance of defining more precisely the duties and competencies of the bodiedifferent actors involved in EAW procedures and ensuring that they are specialised and have practical experience; affirms that a broad margin of discretion for the executing authority is deemed scarcely compatible with mutual recognition; but considers that discretion should be limited in cases of double criminalityit necessary to ensure that the fundamental rights of individuals are fully respected;
Amendment 143 #
2019/2207(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to continue assessing the transposition of the EAW and other judicial cooperation instruments and to initiate infringement proceedings where necessary;
Amendment 145 #
2019/2207(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to implement the EAW and alternative legal instruments on criminal matters in a timely and proper fashion; urges the Member States to use alternative measures including the European Investigation Order, the European Supervision Order and procedural rights measures, which are less intrusive mutual recognition instruments; calls on the Commission to carefully monitor their correct implementation; calls on the Member States to not have recourse to the EAW in situations where a less intrusive measure would lead to the same results, including hearings by videoconferences and related tools;
Amendment 147 #
2019/2207(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on the Member States to ensure that judicial authorities refrain from ordering detention and coercive measures in EAW proceedings, particularly where a person consents to their surrender, unless strictly necessary and justified;
Amendment 149 #
2019/2207(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes the Commission’s worrisome report on the implementation of Directive 2013/48/EU on the right of access to a lawyer in EAW proceedings; calls on the Commission to continue to assess Member States’ compliance with the directive and to take appropriate measures, including the launch of infringement proceedings, to ensure conformity with its provisions;
Amendment 153 #
2019/2207(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to provide flexibility for EAW language regimes, while upholding the right to interpretation and translation in criminal proceedings;
Amendment 155 #
2019/2207(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to provide for a uniform application and effective monitoring of time limits while respecting the fundamental rights of individuals;
Amendment 159 #
2019/2207(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to ensure adequate funding for Eurojust and European Judicial Network (EJN) for facilitating and coordinating the EAW; notes that the Commission’s budgetary plans for Eurojust would have led to a stagnation in financing despite an increased workload;
Amendment 160 #
2019/2207(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission and the Member States to provide appropriate funding for thelegal aid to persons concerned by EAW proceedings, including for legal assistance in both the issuing and executing Member States before surrender is ordered, funding for suitably qualified interpreters and translators, specific training of EAW for practitioners, including police, prosecutors, the judiciary and defence lawyers; notes the value of , particularly in areas such as the fundamental rights aspects of EAW, the assessment of proportionality and alternative measures to detention, representation in cases of EAW, and regarding the procedure to request a preliminary ruling to the Court of Justice of the EU and seeking assurances from other Member States’ authorities; notes the value of European Judicial Training Network (EJTN) programmes, such as EAW simulations and language training;
Amendment 168 #
2019/2207(INI)
24 a. Considers that a specific public database of EAW lawyers could contribute to guaranteeing the right to access to a lawyer; notes that by ensuring dual representation, the level of fairness and justice around the EAW would improve; stresses that lawyers should have access to the case files in both issuing and executing states, including to the underlying case materials on which the decision to issue the EAW and national arrest warrant are based, to be in a position to provide effective legal assistance to the person concerned by the EAW;
Amendment 172 #
2019/2207(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
Amendment 176 #
2019/2207(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that although Article 7(1) TEU can affect mutual recognition, according to the CJEU, the executing authority must assess in each specific case whether there are substantial grounds for believing that, following the surrender, the person will run the risk of having their fundamental rights contravened; underlines that the triggering of Article 7(1) TEU does not amount to automatic non-recognitionindicates there is a clear risk of a serious breach of the Union values, such as the lack of guarantees of independence of the judiciary; considers that the EAW should not be used under such circumstances as its performance would be put into question; believes that the adoption of freezing mechanisms should be considered in such cases; welcomes that the Regional Court in Amsterdam has submitted a second case to the Court of Justice of the EU regarding the execution of a European Arrest Warrant from Poland; notes that until the CJEU decision, no EAW from Poland will be executed in the Netherlands;
Amendment 195 #
2019/2207(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Is concerned about prison conditions in certain Member States and recalls that deprivation of liberty does not equate to deprivation of dignity; welcomes in this regard the new Criminal Detention Database of FRA and considers it a first positive step for a better common assessment of prison conditions in the EU2a; _________________ 2a https://fra.europa.eu/en/databases/crimin al-detention/criminal-detention/home
Amendment 196 #
2019/2207(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Believes that the absence of minimum standards on prison conditions and pre-trial detention at the EU level, and of the limitation of the use of pre-trial detention as a measure of last resort and of consideration of alternatives, coupled with the lack of proper assessment of whether the case is trial-ready, can lead to unjustified and excessive periods of suspects and accused persons in pre-trial detention; recalls that this situation has been further exacerbated by the Covid-19 pandemic;
Amendment 197 #
2019/2207(INI)
Motion for a resolution
Paragraph 29 c (new)
Paragraph 29 c (new)
29 c. Considers that an efficient long- term management of penitentiary systems should be implemented, reducing the number of prisoners by more frequent use of non-custodial punishments, such as community service, financial penalties or electronic monitoring; stresses that alternative measures to detention should be considered throughout the whole criminal justice chain; calls on the Commission to step up efforts in this direction and to set up a EU monitoring mechanism on prison and detention conditions;
Amendment 200 #
2019/2207(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to provide an assessment of the compliance with ne bis in idem and possible legislative action;
Amendment 204 #
2019/2207(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Points out that shortcomings with the EAW can lead to a denial of access to justice and a lack of protection for victims; emphasises that impunity, as a result of deficiencies in judicial cooperation, has a very negativemay have a detrimental impact on the rule of law, judicial systems and society;
Amendment 205 #
2019/2207(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Stresses that according to FRA, the information about defendants’ procedural rights in criminal proceedings differs in both scope and how it is conveyed; calls on the Member States to put in place safeguards to ensure that individuals are effectively informed about their procedural rights as soon as they are suspected of having committed an offense;
Amendment 206 #
2019/2207(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32 b. Notes that according to the standards of the ECtHR and the requirements set out in Directive 2013/48/EU on the right of access to a lawyer, defendants should have access to a lawyer without undue delay; recalls that ensuring adequate time to prepare a case and having full and quick access to the materials of the case would improve the quality of representation; stresses that given the cross-border nature of EAW proceedings, which frequently involve defendants who do not speak the language of the executing Member State, ensuring access to interpretation services at the initial stage of the proceedings, and in particular, facilitating communication with lawyers, is an essential safeguard of fair proceedings and a requirement pursuant to Directive 2010/64/EU; urges the Commission and the Member States to ensure that the right of access to a lawyer and to legal aid in both the issuing and executing Member States is guaranteed both in law and in practice;
Amendment 207 #
2019/2207(INI)
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
32 c. Considers that the challenges identified due to the incorrect or incomplete implementation of the procedural rights Directives not only undermine mutual trust but are also costly in social and economic terms to the individuals concerned, their families, and society as a whole;
Amendment 208 #
2019/2207(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. States that the EAW is effective; believes, however, that the main issue relates to coherencempliance with EU values and fundamental rights; stresses however that there are also issues with regards to coherence and efficiency;
Amendment 212 #
2019/2207(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission to provide for a coherent policy on mutual recognition to avoid different answers to the same issues; which ensures that Member States comply with EU law and with the fundamental rights recognised by the Charter; also calls on the Commission to assess the reasons why there might be different answers to the same issues; recalls that the EAW cannot be assessed in isolation;
Amendment 218 #
2019/2207(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Commission to conduct a cross-case study of instruments so as to prevent abnormalities, as with the rules on transfer ofidentify how to make a better use of all of them, the challenges concerning their correct implementation and the way forward towards achieving EU minimum standards, particularly in criminal procedural safeguards and in prisoners and EAWdetention conditions;
Amendment 229 #
2019/2207(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Recommends, in the medium term, the promotion of an EU judicial code in criminal matters to guarantee legal certainty and, coherence and individuals' fundamental rights;
Amendment 230 #
2019/2207(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Recalls that the aim of the minimum criminal procedural safeguards laid down in the procedural rights Directives is to ensure a fair trial; highlights that the right to a fair trial is of cardinal importance as a guarantee that the fundament rights of individuals and the rule of law will be safeguarded; highlights that procedural rights compliance must be a pre-condition for executing any EAW; recalls that increased safeguards are needed to prevent abuse of EAWs;
Amendment 231 #
2019/2207(INI)
Motion for a resolution
Paragraph 37 b (new)
Paragraph 37 b (new)
37 b. Underlines that there is no mechanism in place to ensure a proper follow-up to assurances provided by issuing judicial authorities after surrender; requests the Commission to explore possible measures in this direction;
Amendment 232 #
2019/2207(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls on the Commission to continue negotiations with the UK in order to find the best solution that guarantees effective cooperation in criminal matters while ensuring the protection of individuals’ fundamental rights; points out that this would become extremely difficult should the UK withdraw from the European Convention on Human Rights or repeal the Human Rights Act;
Amendment 8 #
2019/2188(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the gender pay gap in the 28 EU Member States stands at 15.7 %, that women are more affected by atypical and flexible contracts (zero-hour contracts, bogus self-employment, temporary work, part-time work, etc.) than men, and that women are more likely to experience povertybe segregated into less valued and underpaid sectors than men, to experience poverty and precariousness and fall into the category of the poorest workers as a result of these low-security contracts;
Amendment 15 #
2019/2188(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that, following the global economic and financial crisis in 2008, in- work poverty in the EU increased from 8 % to 10 %, and that the current unprecedented global COVID-19 pandemic will have even greater economic and financial consequences, which will have a direct impact in terms of increasing poverty, especially among women and the other most vulnerable groups in society, as its effects will be felt most keenly by workers in the service sector, the self- employed, temporary and seasonal workers, etc., among whom a higher proportion are women; highlights that an increase in female poverty implies a larger increase of poverty among the whole society as women tend to be in charge of the purchase of the main basic goods and are key for the sustenance of the household; shows concern about the impact this will bring in terms of child poverty and alerts that in 2017 children in the EU faced the highest risk of poverty or social exclusion of any age group;
Amendment 23 #
2019/2188(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Points out that the current Covid- 19 crisis is showing that paid and unpaid care work is essential to the wellbeing and functioning of our societies and planet; stresses that women are leading in the provision of frontline and essential services and represent 70% of EU health care workers and 83% of the professional carers working with people with disabilities or older people, and that a significant proportion have a migrant background; Deplores that workers in this sector have been traditionally over- worked and underpaid, given low social recognition by our economic system and in the case of domestic care workers, often excluded from essential labour law protections; Calls on the EU for the adoption of a Care Deal for Europe, which would entail a massive investment in the care economy, strengthen policies to balance the work and care responsibilities across the life-cycle and fill labour shortages, in particular through training, skills recognition and decent work permit schemes, and provide better working conditions in these sectors;
Amendment 27 #
2019/2188(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Calls on the European Commission to integrate a gender perspective and the different experiences faced by women and the most disadvantaged groups in all initiatives and additional EU funds to combat the COVID-19 crisis and to come forward with a specific funding scheme to support women in precarious and informal work;
Amendment 36 #
2019/2188(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that one in two people from a non-EU migrant background are at risk of poverty or social exclusion, that levels of precarious work are specially high among migrant and refugee women, and that those with dependent or irregular status face extremely high rates of poverty; Stresses that four out of five members of the Roma communities have incomes below the poverty threshold and that fewer than one in five Roma women (aged 16 and over) are in employment; highlights that discrimination in access and quality of education, training and employment contribute to this reality; calls on the EU to work with Member States to ensure full implementation of EU and national employment standards without discrimination of any kind, including through monitoring, complaints and redress mechanisms that are effective, independent and accessible to all worker;
Amendment 37 #
2019/2188(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that, according to Eurostat, there are currently 64.6 million women and 57.6 million men living in poverty in the EU Member States, which shows that the impact of poverty on women and men is different; Stress that women’s exposure to poverty is likely to be understated in avail-able data since current approaches to poverty measurement are typically collected at household level, assuming equal sharing of resources among men and women within households; Calls on the Member States to collect poverty data on an individual basis and not only on a household basis and to include further equality data and gender analysis into poverty statistics;
Amendment 44 #
2019/2188(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with concern that poverty among women increases with age, with the gender pension gap remaining at around 39 %; Deplores that many older women are forced to survive on inadequate pensions because pensions systems assume that contributions will be made throughout a working life and are insufficiently flexible to compensate for interrupted, atypical or part-time careers; Calls on Member States and the European Commission to work to ensure the establishment of a minimum income and to adopt a life-course approach to pension policy with specific measures to ensure pension coverage to atypical or non-standard workers that is on par with that of other workers;
Amendment 64 #
2019/2188(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the European Commission to introduce further initiatives that favours women’s job creation, especially for women facing multiple forms of discrimination, with a view not just to reduce poverty but to promote quality of employment and their financial independence, avoiding further flexibilization and precariousness of jobs;
Amendment 69 #
2019/2188(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
Amendment 79 #
2019/2188(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to come forward as soon as possible with proposals to close the gender pay gap., more concretely to present a proposal on binding pay transparency measures before 2021 as stated in the Gender Equality Strategy 2020-2025; calls on the Comission to present a timely revision of the Directive 2006/54/EC in order to strengthen the provisions to fight against the persisting discrimination of women in the labour market and to include the prohibition of any discrimination based on sexual orientation, gender identity or gender reassignment;
Amendment 89 #
2019/2188(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the European Commission to come forward as soon as possible with an ambitious post-2020 European Disability Strategy that includes proposals to ensure the awareness of legal rights, including the rights to work and employment, of persons with disabilities and measures to encourage their integration in the labour market and promotion of equal opportunities, with special attention to the situation faced by women with disabilities and the ways to address intersectional forms of discrimination;
Amendment 9 #
2019/2057(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the need for a memorandum of understanding between the European Parliament, Council and the Commissionuncil on the provision of the information necessary for Parliament to take an informed decision on discharge; considers that the negotiations with the Council to this end should be resumed andwelcomes the progress that has been achieved so far in the negotiations between the Parliament and the Council on the “Non Paper” on the cooperation between the European Parliament and the Council during the annual discharge procedure and calls on both institutions to intensify their efforts in order to achieve an agreement without undue delay; considers that, if those negotiations with the Council do not succeed, they should be extended to the Commission, so as to ensure that Parliament is provided with the necessary information on how the Council is implementing its budget, either directly or via the Commission;
Amendment 16 #
2019/2057(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Is of the opinion that Parliament should address its decisions , if no interinstitutional solution discharge in respect of the implementation of the bud found, Parliament should grant discharget to the Commission aloneonly, while continuing with the practice of adopting accompanying resolutions with observations addressed to each of the Union’s institutions and bodies, so as to ensure that no section of the EU budget is implemented without proper scrutiny;
Amendment 4 #
2019/2028(BUD)
Draft opinion
Paragraph 4a (new)
Paragraph 4a (new)
4a. Underlines the urgent need to provide the Joint Transparency Register Secretariat with sufficient and adequate administrative and financial means in order to fulfil its tasks, as it plays a key role in ensuring fair and transparent activities of interest representatives.
Amendment 6 #
2018/0902R(NLE)
Motion for a resolution
Citation 7
Citation 7
— having regard to its resolutions of 16 January 2020 and 5 May 2022 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary2 , _________________ 2 OJ C 270, 7.7.2021, p. 91.
Amendment 40 #
2018/0902R(NLE)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas on 20 July 2020, the Council recommended in its opinion on the 2020 Convergence Programme of Hungary to ensure that any emergency measures be strictly proportionate, limited in time and in line with European and international standards and do not interfere with business activities and the stability of the regulatory environment, to ensure effective involvement of social partners and stakeholders in the policy- making process;
Amendment 41 #
2018/0902R(NLE)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. Whereas on 25 September 2020, in its second interim compliance report, the Group of States against Corruption (GRECO) welcomed the amendments to the Act on the National Assembly to make the provisions prohibiting or restricting members of parliament (MPs) to engage in certain activities more operational by providing for clearer consequences in case these matters are not resolved by the MP in question; however, more determined measures remained necessary to improve the current integrity framework of Parliament, in particular to improve the level of transparency and consultation in the legislative process (including the introduction of rules on interactions with lobbyists), to adopt a code of conduct for MPs (covering in particular various situations that could lead to a conflict of interest), to further develop rules obliging MPs to disclose in an ad-hoc manner potential conflicts between their parliamentary work and their private interests, to ensure a uniform format of asset declarations and to review the broad immunity enjoyed by MPs as well as to ensure the effective supervision and enforcement of rules of conduct, conflict of interest and asset declarations;
Amendment 43 #
2018/0902R(NLE)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. Whereas on 20 November 2020, in her statement, the Commissioner for Human Rights of the Council of Europe urged Hungary’s Parliament to postpone the vote on draft bills fearing that several proposals contained in the complex legislative package, submitted without prior consultation and relating to matters including the functioning of the judiciary, election law, national human rights structures, scrutiny over public funds, and the human rights of LGBTI people, could serve to undermine democracy, the rule of law and human rights in Hungary; whereas on 2 July 2021, in its opinion on the constitutional amendments adopted by the Hungarian Parliament in December 2020, the Venice Commission noted with concern that the constitutional amendments were adopted during a state of emergency, without any public consultation, and the explanatory memorandum consists of only three pages; whereas the Venice Commission also indicated that Articles 6 and 9, and 11 of the Ninth Amendment amending the Fundamental Law of Hungary relating to declarations of war, control of the Hungarian Defence Forces, and the “special legal order” that pertains to state of war, state of emergency and state of danger mainly leave the specification of most details to Cardinal Acts, which could eventually raise some serious questions regarding the scope of the powers of the State during states of exception; whereas, as concerns the abolition of the National Defence Council and the entrusting of its powers to the government, the Venice Commission indicated that, while it is not contrary as such to European standards, it leads to a concentration of emergency powers in the hands of the executive which cannot be considered an encouraging sign, notably in the absence of any clarification in the explanatory memorandum for the ratio or the necessity of such modification; whereas the pending proposal for a constitutional amendment expands the government’s mandate to declare a state of danger to cases of an armed conflict, war or humanitarian disaster in a neighbouring country;
Amendment 44 #
2018/0902R(NLE)
Gd. Whereas on 12 February 2021, the Congress of Local and Regional Authorities of the Council of Europe noted a generally negative situation in terms of local and regional self- government, due to a general failure to comply with the European Charter of Local Self-Government and expressed concerns about a clear trend towards recentralisation, a lack of effective consultation and significant interference by the State in municipal functions; whereas it highlighted certain shortcomings in the situation of local self- government in the country, such as a lack of financial resources available to local authorities and their inability to recruit high quality staff;
Amendment 45 #
2018/0902R(NLE)
Motion for a resolution
Recital G e (new)
Recital G e (new)
Ge. Whereas on 18 October 2021, in their joint opinion on the 2020 amendments to electoral legislation, the Venice Commission and the OSCE/ODIHR stressed that the speed and the lack of meaningful public consultations are particularly worrisome when they concern electoral legislation, which should not be seen as a political instrument; they also made the key recommendation to amend Section 3 and Section 68 of the Act CLXVII of 2020 on the Amendment of Certain Acts relating to Elections, by significantly reducing the number of single-member constituencies and the number of counties in which each party needs to nominate candidates simultaneously in order to be able to run a national list of candidates, as well as a number of further recommendations;
Amendment 46 #
2018/0902R(NLE)
Motion for a resolution
Recital G f (new)
Recital G f (new)
Gf. Whereas on 4 April 2022, in the Statement of Preliminary Findings and Conclusions following the Parliamentary Elections and Referendum, the OSCE international election observation mission stated that the 3 April parliamentary elections and referendum were well administered and professionally managed but marred by the absence of a level playing field; whereas contestants were largely able to campaign freely, but while competitive, the campaign was highly negative in tone and characterized by a pervasive overlap between the ruling coalition and the government, and he lack of transparency and insufficient oversight of campaign finances further benefited the governing coalition; the manner in which many election disputes were handled by election commissions and courts fell short of providing effective legal remedy;
Amendment 50 #
2018/0902R(NLE)
Motion for a resolution
Recital H
Recital H
H. whereas on 20 July 2021, the Commission indicated in the country chapter on Hungary of the 2021 Rule of Law Report that the Hungarian justice system performs well in terms of the length of proceedings and has a high level of digitalisation, and that the gradual increase in the salaries of judges and prosecutors continues; whereas, as regards judicial independence, the justice system has been subject to new developments adding to existing concerns: the new rules allowing for the appointment of members of the Constitutional Court to the Supreme Court (Kúria) outside the normal procedure have been put into practice and have enabled the election of the new Kúria President, whose position was also endowed with additional powers and who was elected despite an unfavourable opinion from the National Judicial Council (NJC); whereas the recommendation to strengthen judicial independence, made in the context of the European Semester, remains unaddressed, including the need to formally reinforce the powers of the independent NJC to enable it to counterbalance the powers of the President of the National Office for the Judiciary (NOJ); whereas the nomination of the new Kúria President was rejected by the NJC with 13 votes against and1 in favour;
Amendment 51 #
2018/0902R(NLE)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. Whereas on 23 November 2021, in Case C-564/19IS (Illégalité de l’ordonnance de renvoi), the CJEU ruled that Article 267 TFEU must be interpreted as precluding the supreme court of a Member State from declaring, following an appeal in the interests of the law, that a request for a preliminary ruling which has been submitted to the CJEU under Article 267 TFEU by a lower court is unlawful on the ground that the questions referred are not relevant and necessary for the resolution of the dispute in the main proceedings, without, however, altering the legal effects of the decision containing that request; whereas the principle of the primacy of EU law requires that lower court to disregard such a decision of the national supreme court; whereas Article 267 TFEU must be interpreted as precluding disciplinary proceedings from being brought against a national judge on the ground that he or she has made a reference for a preliminary ruling to the CJEU under that provision;
Amendment 52 #
2018/0902R(NLE)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. Whereas on 14 December 2018, in her statement the Commissioner for Human Rights of the Council of Europe called on Hungary’s President to return to the Parliament the legislative package on administrative courts; whereas on 19 March 2019, in its opinion on the Law on administrative courts and the Law on the entry into force of the Law on administrative courts and certain transitional rules, the Venice Commission stated that the major drawback is that very extensive powers are concentrated in the hands of a few stakeholders and there are no effective checks and balances to counteract those powers;
Amendment 53 #
2018/0902R(NLE)
Motion for a resolution
Recital H c (new)
Recital H c (new)
Hc. Whereas on 21 May 2019, in her Report following the visit to Hungary from 4 to 8 February 2019, the Commissioner for Human Rights of the Council of Europe noted that a series of reforms of the judiciary in Hungary during the 2010s have drawn concern about their effects on the independence of the judiciary, and in the ordinary court system, questions about the effectiveness of the supervision exercised by the NJC over the President of the NJO have been raised by the recent anomalies observed in the relationship between these judicial institutions with reference to appointment procedures; whereas, while welcoming the recent amendments made to the original legislation on the administrative courts in response to the opinion of the Venice Commission, the Commissioner was not persuaded that the amendments are sufficient in addressing the serious concerns identified by the Venice Commission;
Amendment 54 #
2018/0902R(NLE)
Motion for a resolution
Recital H d (new)
Recital H d (new)
Hd. Whereas in 2019, the Parliament of Hungary decided to postpone the entry into force of the legislative package on administrative courts, and the Government stated that it had abandoned the idea of introducing the separate administrative courts; whereas several important elements of the package were introduced by a series of legislative amendments adopted between 2019–2021;
Amendment 55 #
2018/0902R(NLE)
Motion for a resolution
Recital H e (new)
Recital H e (new)
He. Whereas on 28 November 2019, in her statement the Commissioner for Human Rights of the Council of Europe urged the Hungarian Parliament to modify a bill affecting the independence of the judiciary; whereas the Commissioner considered that the provisions opening the possibility of administrative authorities to introduce constitutional complaints following unfavourable rulings by the ordinary courts raise concerns about upholding fair trial guarantees for the individual complainant and, coupled with the proposed changes on the qualifications and appointments of judges and the uniformity of jurisprudence, the legislative measures also run the risk of diminishing the independence of individual judges in their core duties and of creating excessive hierarchies within the judicial system;
Amendment 56 #
2018/0902R(NLE)
Motion for a resolution
Recital H f (new)
Recital H f (new)
Hf. Whereas on 16 October 2021, in its opinion on the amendments to the Act on the Organisation and Administration of the Courts and the Act on the Legal Status and Remuneration of Judges, adopted by the Hungarian Parliament in December 2020, the Venice Commission reiterated the recommendations expressed in its 2012 opinion which have not been addressed by the authorities as to the role of the President of the NOJ; whereas the Venice Commission also recommended setting up clear, transparent and foreseeable conditions for the seconded judges to be assigned to a higher position after the period of secondment; whereas the Venice Commission made several recommendations related to the allocation of cases, the power of the President of the Kúria to increase the members of adjudicating panels, the uniformity decisions and the composition of chambers in the uniformity complaint procedure; whereas the Venice Commission also observed that the regime of appointment of the President of the Kúria introduced with the 2019 amendments could pose serious risks of politicisation and important consequences for the independence of the judiciary, or the perception thereof by the public, considering the crucial role of this position in the judicial system;
Amendment 57 #
2018/0902R(NLE)
Motion for a resolution
Recital H g (new)
Recital H g (new)
Hg. Whereas on 25 September 2020, in its second interim compliance report GRECO noted that, as regards judges, no further progress has been reported regarding the three remaining non- implemented recommendations, and GRECO’s findings on the powers of the President of the NJO (both as regards the process of appointing or promoting candidates for judicial positions and the process of re-assigning judges) remain of special significance; as regards prosecutors, GRECO welcomed the entry into force of legislative amendments making the involvement of a disciplinary commissioner compulsory in disciplinary proceedings, however, without saying that recommendation xvii had now been complied with; no progress had been achieved regarding the prolongation of the term of the Prosecutor General, the broad immunity enjoyed by prosecutors and the development of criteria to guide the removal of cases from subordinate prosecutors;
Amendment 58 #
2018/0902R(NLE)
Motion for a resolution
Recital H h (new)
Recital H h (new)
Hh. Whereas on 15 April 2021, in his communication with the government of Hungary, the UN Special Rapporteur on the independence of judges and lawyers considered that the appointment of the President of the Kúria may be regarded as an attack to the independence of the judiciary and as an attempt to submit the judiciary to the will of the legislative branch, in violation of the principle of separation of powers; whereas the Special Rapporteur also highlighted that the fact that the President of the Kúria was elected in spite of the manifest objection of the NJC is of particular concern, and the decision to ignore the negative opinion expressed by the NJC may be interpreted as a political statement by the ruling majority that does not consider itself bound to respect judicial independence by abiding to, or at least taking into account the views expressed by the body constitutionally assigned to safe guard the independence of courts and judges; whereas according to the Special Rapporteur, the main effect – if not the main goal – of the reforms of the judicial system has been to hamper the constitutionally protected principle of judicial independence and to enable the legislative and executive branches to interfere with the administration of justice;
Amendment 59 #
2018/0902R(NLE)
Motion for a resolution
Recital H i (new)
Recital H i (new)
Hi. Whereas on 2 December 2021, in its decision concerning the pending enhanced supervision of the execution of the European Court of Human Rights’ (ECtHR) judgments in Gazsó group v. Hungary, the Committee of Ministers of the Council of Europe recalled that this group of cases, the first of which became final in 2003, concerns the structural problem of excessive length of civil, criminal and administrative proceedings and the lack of effective domestic remedies, noted with satisfaction the adoption of the bill introducing a compensatory remedy for excessively long civil proceedings and its impending entry into force on 1 January 2022, but with a view to avoiding the risk of an influx of new applications to the ECtHR, firmly called on the authorities to ensure its Convention-compliant application and invited them to provide the Committee with concrete information on its implementation in practice, and noted the authorities’ timetable for preparing a proposal for a remedy covering other types of judicial proceedings by the end of June 2023; in light of the importance of the matter, its technical nature and the expiry of the deadline set by the ECtHR in its pilot-judgment more than five years ago, strongly encouraged the authorities to explore any possible avenue for accelerating their planning;
Amendment 60 #
2018/0902R(NLE)
Hj. Whereas on 9 March 2022, in its interim resolution concerning the pending enhanced supervision of the execution of the ECtHR judgment in Baka v. Hungary, the Committee of Ministers of the Council of Europe strongly urged the authorities to step up their efforts to find ways, in close cooperation with the Secretariat, to introduce the required measures to ensure that a decision by Parliament to impeach the President of the Kúria will be subject to effective oversight by an independent judicial body in line with the ECtHR case- law and recalled, once again, the authorities’ undertaking to evaluate the domestic legislation on the status of judges and the administration of courts, and urged them to present the conclusions of their evaluation, including of the guarantees and safeguards protecting judges from undue interferences, to enable the Committee to make a full assessment as to whether the concerns regarding the ‘chilling effect’ on the freedom of expression of judges caused by the violations in these cases have been dispelled;
Amendment 65 #
2018/0902R(NLE)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. Whereas in written answers to questions to Commissioner Hahn regarding the hearing of 11 November 2019 on the 2018 discharge to the Commission, the Commission indicated that for 2014-2020, flat rate financial corrections were accepted and implemented in Hungary following an horizontal public procurement audit, that identified serious deficiencies in the functioning of the management and control system in relation to the control of public procurement procedures;
Amendment 66 #
2018/0902R(NLE)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. Whereas on 20 July 2020, the Council recommended in its opinion on the 2020 Convergence Programme of Hungary to improve competition in public procurement;
Amendment 75 #
2018/0902R(NLE)
Motion for a resolution
Recital K
Recital K
K. whereas on 5 April 2022, the Commission President announced that Commissioner for Budget Johannes Hahn had informed the Hungarian authorities about the Commission’s plans to move on to the next step and formally trigger the Rule of Law Conditionality Regulation5 , mainly over corruption concerns; whereas on 27 April 2022, the Commission finally started the formal procedure against Hungary under the Rule of Law Conditionality Regulation by sending a written notification; _________________ 5 Regulation (EU, Euratom) 2020/2092 of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, OJ L 433 I , 22.12.2020, p. 1.
Amendment 76 #
2018/0902R(NLE)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. Whereas on 6 April 2022, the Commission decided to send additional formal notice to ensure correct transposition of Directive2014/24/EU on public procurement, Directive 2014/23/EU on the award of concession contracts and Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors; whereas, according to the Commission, Hungarian law allows for more extensive application of exceptions as regards security reasons and for contracts subsidised via tax benefits, and these exceptions lead to a broader exclusion of contracts from the obligations under EU law; whereas in addition, the Commission also believes that changes in the Hungarian mining law, which provide for the possibility to award mining concessions without transparent tendering procedures, are against the principle of transparency;
Amendment 79 #
2018/0902R(NLE)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. Whereas on 25 September 2020, in its second interim compliance report, GRECO noted that Hungary had still only implemented satisfactorily or dealt in a satisfactory manner five of the eighteen recommendations contained in the Fourth Round Evaluation Report and concluded that the overall low level of compliance with the recommendations remains "globally unsatisfactory";
Amendment 81 #
2018/0902R(NLE)
Motion for a resolution
Recital K c (new)
Recital K c (new)
Kc. Whereas in the mission report following the ad-hoc LIBE delegation to Budapest, Hungary on 29 September - 1 October 2021, concerns were raised about the lack of safeguards as regards surveillance in the current legislation, with no real checks and balances and remedies; whereas concerns were raised on the alleged use of the Pegasus spyware and increased surveillance by the state against activists, journalists and lawyers;
Amendment 82 #
2018/0902R(NLE)
Motion for a resolution
Recital K d (new)
Recital K d (new)
Kd. Whereas on 15 February 2022, the European Data Protection Supervisor (EDPS) in the preliminary remarks on modern spyware concluded that the widespread use of highly-advanced spywares like Pegasus have the potential to cause unprecedented risks and damages not only to fundamental rights and freedoms but also to democracy and the rule of law and indicated that a ban on the development and the deployment of spyware with the capacity of Pegasus in the EU would be the most effective option to protect fundamental rights and freedoms;
Amendment 84 #
2018/0902R(NLE)
Motion for a resolution
Recital K e (new)
Recital K e (new)
Ke. Whereas on 9 March 2022, in its decision concerning the pending enhanced supervision of the execution of the ECtHR judgment in Szabó and Vissy v. Hungary, the Committee of Ministers of the Council of Europe recalled that this case concerns the violation of the applicants’ right to respect for their private and family life and for their correspondence on account of the Hungarian legislation on national security-related measures of secret surveillance, which lacked safeguards sufficiently precise, effective and comprehensive on the ordering, execution and potential redressing of these measures, highlighted that secret surveillance should be regarded as a highly intrusive act that potentially interferes with the rights to freedom of expression and privacy and threatens the foundations of a democratic society and recalling that in response to the ECtHR judgment the authorities announced in 2017 the need for a legislative reform, and noted with serious concern that, despite this the legislative process is still at a preliminary stage and the authorities have not presented any other relevant developments; therefore, strongly called on the authorities to urgently adopt the measures required to bring the domestic legislation fully in line with the Convention requirements, establish a timeline for the legislative process and to present to the Committee a draft legislative proposal;
Amendment 91 #
2018/0902R(NLE)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. Whereas on 2 December 2021, the Commission decided to send a reasoned opinion regarding a decision made by the Hungarian Media Council to reject Klubradio's application for the use of radio spectrum; whereas the Commission concluded that the decisions of the Hungarian Media Council to refuse renewal of Klubradio's rights were disproportionate and non-transparent, and the Hungarian national media law has been applied in a discriminatory way in this particular case, in breach of Directive (EU)2018/1972 of the European Parliament and of the Council of 11 December 2018establishing the European Electronic Communications Code;
Amendment 96 #
2018/0902R(NLE)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. Whereas on 8 October 2019, in its judgment in Szurovecz v. Hungary, the ECtHR found a violation of the freedom of expression regarding the lack of media access to reception facilities for asylum- seekers; whereas the supervision of the execution of that judgment remains pending;
Amendment 98 #
2018/0902R(NLE)
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. Whereas on 3 December 2019, in its judgment in Scheiring and Szabó v. Hungary, and on 2 December 2021, in its judgment in Szél and Others v. Hungary, the ECtHR found that there had been violations of the freedom of expression regarding displaying banners in the Parliament of Hungary; whereas the supervision of the execution of those judgments is still pending;
Amendment 102 #
2018/0902R(NLE)
Motion for a resolution
Recital L d (new)
Recital L d (new)
Ld. Whereas on 20 January 2020, in its judgment in Magyar Kétfarkú Kutya Párt v. Hungary, the ECtHR found that there had been a violation of the freedom of expression regarding penalising for providing apolitical party’s mobile application which allowed voters to photograph, anonymously upload and comment on invalid votes cast during a referendum on immigration in 2016; whereas the supervision of the execution of that judgment is still pending;
Amendment 106 #
2018/0902R(NLE)
Motion for a resolution
Recital L e (new)
Recital L e (new)
Le. Whereas on 23 March 2020, in his statement the OSCE Representative on Freedom of the Media expressed his concerns about provisions of the coronavirus response draft bill in Hungary that could negatively impact the work of the media reporting on the pandemic;
Amendment 108 #
2018/0902R(NLE)
Motion for a resolution
Recital L f (new)
Recital L f (new)
Lf. Whereas on 26 May2020, in its judgment in Mándli and Others v. Hungary, the ECtHR found a violation of the freedom of expression regarding the suspension of the applicants’ Parliament accreditation as journalists; whereas the supervision of the execution of that judgment remain spending;
Amendment 111 #
2018/0902R(NLE)
Motion for a resolution
Recital L g (new)
Recital L g (new)
Lg. Whereas on 30 March 2021, in her Memorandum on freedom of expression and media freedom in Hungary, the Commissioner for Human Rights of the Council of Europe indicated that the combined effects of apolitically controlled media regulatory authority and sustained and distorting state intervention in the media market have eroded the conditions for media pluralism and the freedom of expression in Hungary, and free political debate and the free exchange of diverse opinions, which are the prerequisites for democratic societies to thrive, have been severely curtailed, particularly outside the capital;
Amendment 114 #
2018/0902R(NLE)
Motion for a resolution
Recital L h (new)
Recital L h (new)
Lh. Whereas on 22 November 2021, in her statement following the visit to Hungary the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression indicated that Hungary’s interventions in the media sector over the past decade could create risks for human rights in the upcoming elections, and by exerting influence over media regulatory bodies, providing substantial state funds to support pro-government media, facilitating the expansion and development of media that follow a pro- government editorial line, and ostracizing media outlets and journalists reporting critically on the government, the authorities have proactively reshaped the media sector and in their efforts to create “balance” have undermined media diversity, pluralism and independence;
Amendment 116 #
2018/0902R(NLE)
Motion for a resolution
Recital L i (new)
Recital L i (new)
Li. Whereas on 4 April 2022, in the Statement of Preliminary Findings and Conclusions following the Parliamentary Elections and Referendum, the OSCE international election observation mission stated that the bias and lack of balance in monitored news coverage and the absence of debates between major contestants significantly limited the voters’ opportunity to make an informed choice;
Amendment 118 #
2018/0902R(NLE)
Motion for a resolution
Recital L j (new)
Recital L j (new)
Lj. Whereas on 8 April 2022, the Hungarian National Election Office considered that the nationwide NGO campaign urging people to vote invalid in the referendum regarding children’s access to information concerning sexual orientation and gender identity issues was unlawful, and imposed fines on 16 different Hungarian NGOs participating in the referendum campaign;
Amendment 120 #
2018/0902R(NLE)
Motion for a resolution
Recital L k (new)
Recital L k (new)
Lk. Whereas on 6 October 2020, in Case C-66/18 Commission v Hungary (Enseignement supérieur), the CJEU ruled that by adopting the measures provided for in Article 76(1)(a) and (b) of Law No CCIV of 2011 on national higher education, as amended, Hungary has failed to fulfil its obligations under Article 13, Article 14(3) and Article 16 of the Charter, Article 49 TFEU and Article 16 of Directive 2006/123/EC on services in the internal market, as well the World Trade Organization law;
Amendment 122 #
2018/0902R(NLE)
Motion for a resolution
Recital L l (new)
Recital L l (new)
Ll. Whereas on 2 July 2021, in its opinion on the constitutional amendments adopted by the Hungarian Parliament in December 2020, the Venice Commission considered that Article 7 of the Ninth Amendments relating to Article 38 of the Constitution and introducing in the Fundamental Law the “public interest asset management foundations performing public duties” should be reconsidered; these foundations should rather be regulated by statutory law, clearly setting out all relevant duties of transparency and accountability for the management of their funds (public and private), as well as appropriate safeguards of independence for the composition and functioning of the board of trustees; whereas the Venice Commission also mentioned that these laws should take into account the significant role of universities as places of freethought and argumentation, providing for all due measures to guarantee the proper safeguard of academic independence and institutional autonomy;
Amendment 124 #
2018/0902R(NLE)
Motion for a resolution
Recital L m (new)
Recital L m (new)
Lm. Whereas on 22 November 2021, in her statement following the visit to Hungary the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression urged the authorities to effectively protect academic freedom and respect the rights of professors and students, given the risks linked to the privatisation of public universities for the autonomy of the scholars;
Amendment 126 #
2018/0902R(NLE)
Motion for a resolution
Recital L n (new)
Recital L n (new)
Ln. Whereas on 21 December 2018 a comprehensive amendment to the 2011 Church Act was promulgated; whereas, according to the government, it opened legal avenues for religious communities to apply, before the Metropolitan Court of Budapest, for the status of religious association, registered church or incorporated church; whereas the supervision of the execution of the ECtHR judgment in Magyar Keresztény Mennonita Egyház and Others v. Hungary remains pending;
Amendment 128 #
2018/0902R(NLE)
Motion for a resolution
Recital L o (new)
Recital L o (new)
Lo. Whereas on 2 July 2021,in its opinion on the constitutional amendments adopted by the Hungarian Parliament in December 2020, the Venice Commission recommended that the public-school system must provide an objective and pluralist curriculum, avoiding indoctrination and discrimination on all grounds, respecting parental convictions and their freedom to choose between religious and non-religious classes;
Amendment 130 #
2018/0902R(NLE)
Motion for a resolution
Recital L p (new)
Recital L p (new)
Lp. Whereas on 18 June 2020 in Case C-78/18 of Commission v Hungary (Transparency of Associations), the CJEU ruled that by adopting the provisions of Law No LXXVI of 2017 on the Transparency of Organisations which receive Support from Abroad, which impose obligations of registration, declaration and publication on certain categories of civil society organisations directly or indirectly receiving support from abroad exceeding a certain threshold and which provide for the possibility of applying penalties to organisations that do not comply with those obligations, Hungary has introduced discriminatory and unjustified restrictions on foreign donations to civil society organisations, in breach of its obligations under Article 63 TFEU and Articles 7, 8and 12 of the Charter; whereas on 18 February 2021, the Commission decided to send a letter of formal notice to the Hungarian authorities, considering they had not taken the necessary measures to comply with the judgment; whereas on20 July 2021, the Commission indicated in the country chapter on Hungary of the 2021 Rule of Law Report that the Hungarian Parliament repealed the law and introduced new rules on legality checks for civil society, and pressure remains on civil society organisations critical towards the government; where as the adoption of the new law was not preceded by any public consultation, and NGOs have not been consulted directly either, in contradiction with the Venice Commission’s indication that the public consultation should involve, as far as possible, all civil society organisations the status, financing or spheres of operation of which will be affected as a result of the entry into force of this legislation (expressed on20 June 2017 in its opinion on the Draft Law on the Transparency of Organisations Receiving Support from Abroad);
Amendment 132 #
2018/0902R(NLE)
Motion for a resolution
Recital L q (new)
Recital L q (new)
Lq. Whereas on 23 July 2021, the donor states, Iceland, Liechtenstein and Norway, announced no agreement had been reached on the appointment of a Fund Operator to manage the funding for civil society; as a consequence, no programmes will be implemented under the EEA and Norway Grants during the current funding period, while €214.6 million in funding from the EEA and Norway Grants were set aside for Hungary;
Amendment 134 #
2018/0902R(NLE)
Motion for a resolution
Recital L r (new)
Recital L r (new)
Lr. Whereas on 17 December 2018, in their joint opinion on Section 253 of Act XLI of 20 July 2018 amending certain tax laws and other related laws, and on the immigration tax, the Venice Commission and the OSCE/ODIHR stated that the 25%tax on financial support to an immigration-supporting activity carried out in Hungary or on the financial support to the operations of an organisation with a seat in Hungary that carries out immigration-supporting activity, does not meet the requirement of legality and constitutes an unjustified interference with the rights to freedom of expression and of association of the NGOs affected;
Amendment 136 #
2018/0902R(NLE)
Motion for a resolution
Recital L s (new)
Recital L s (new)
Ls. Whereas on 21 May 2019, in her Report following the visit to Hungary from 4 to 8 February 2019, the Commissioner for Human Rights of the Council of Europe stressed that the legislative measures have stigmatised and criminalised civil society activities which should be considered fully legitimate in a democratic society, they exercise a continuous chilling effect on NGOs, and some of the legal provisions are exceptionally vague, arbitrary and not implemented in practice;
Amendment 138 #
2018/0902R(NLE)
Motion for a resolution
Recital L t (new)
Recital L t (new)
Lt. Whereas on 11 May 2020, in his report on the visit to Hungary in 2019 the UN Special Rapporteur on the human rights of migrants observed that civil society organizations working on the rights of migrants in Hungary experienced multiple obstacles in carrying out their legitimate and important work; those obstacles resulted from legislative amendments, financial restrictions and other operational and practical measures taken by the relevant authorities; in addition, a number of civil society organizations had been subjected to smear campaigns, in some cases followed by administrative or criminal investigations;
Amendment 139 #
2018/0902R(NLE)
Motion for a resolution
Recital L u (new)
Recital L u (new)
Lu. Whereas on 20 July 2021, the Commission indicated in the country chapter on Hungary of the 2021 Rule of Law Report that the Commissioner for Fundamental Rights (CFR) has gained more competences, but its independence has been questioned by stakeholders;
Amendment 140 #
2018/0902R(NLE)
Motion for a resolution
Recital L v (new)
Recital L v (new)
Lv. Whereas on 2 December 2021, the Commission decided to send a reasoned opinion to the Hungarian authorities considering that by imposing an obligation to provide information on a divergence from ‘traditional gender roles', Hungary restricts the freedom of expression of authors and book publishers (Article 11 of the Charter); discriminates on grounds of sexual orientation in an unjustified way (Article 21 of the Charter ),and incorrectly applies the EU rules on unfair commercial practices under Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market;
Amendment 141 #
2018/0902R(NLE)
Motion for a resolution
Recital L w (new)
Recital L w (new)
Lw. Whereas on 2 December 2021, the Commission decided to send a reasoned opinion to the Hungarian authorities with regard to their national rules that seek to prohibit or limit access to content that portrays the so-called ‘divergence from self-identity corresponding to sex at birth, sex change or homosexuality' for individuals under 18 years of age, considering that these national rules run contrary to Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services, Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market, as well as human dignity, freedom of expression and information, the right to respect of private life as well as the right to non- discrimination as enshrined respectively in Articles 1, 7, 11 and 21 of the Charter; whereas on 22 June 2021, 18 EU Member States joined a statement on the margins of the General Affairs Council, opposing the adoption of the law;
Amendment 142 #
2018/0902R(NLE)
Motion for a resolution
Recital L x (new)
Recital L x (new)
Lx. Whereas on 21 May 2019, in her Report following the visit to Hungary from 4 to 8 February 2019, the Commissioner for Human Rights of the Council of Europe indicated that Hungary is backsliding in gender equality and women’s rights, the political representation of women is strikingly low, and in government policy, women’s issues are closely associated with family affairs and the authorities have ceased implementing a specific strategy on gender equality;
Amendment 143 #
2018/0902R(NLE)
Motion for a resolution
Recital L y (new)
Recital L y (new)
Ly. Whereas on 29 April 2020, in his statement, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity urged Hungary to drop proposed legislation that would deny trans and gender diverse people the right to legal recognition and self-determination;
Amendment 144 #
2018/0902R(NLE)
Motion for a resolution
Recital L z (new)
Recital L z (new)
Lz. Whereas on 3 March 2020, in its Concluding observations on the sixth periodic report of Hungary, the United Nations Committee on the Rights of the Child called on the government to act, adopt a strategy, and provide information and support to vulnerable children, including specific measures targeting girls, Roma children, asylum-seeking and migrant children and lesbian, gay, bisexual, transgender and intersex children; whereas the Committee also raised serious concerns about children with disabilities being deprived of their families and living in institutions, insufficient measures by the Hungarian authorities to end institutionalisation and promote access to health, rehabilitation services and other inclusion activities, cases of sexual abuse and maltreatment of children with disabilities in institutional care, lack of information on the situation of Roma children with disabilities, and the continuing stigma endured by children with disabilities;
Amendment 145 #
2018/0902R(NLE)
Motion for a resolution
Recital L aa (new)
Recital L aa (new)
Laa. whereas on 5 May 2020 the Parliament of Hungary adopted a resolution rejecting ratification of the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention);
Amendment 146 #
2018/0902R(NLE)
Motion for a resolution
Recital L ab (new)
Recital L ab (new)
Lab. Whereas on 16 July 2020, in its judgment in Ranav. Hungary, the ECtHR found a violation of the right to respect for private life in case of a transgender man from Iran who had obtained asylum in Hungary but could not legally change his gender and name in that country; whereas the enhanced supervision of the execution remains pending;
Amendment 147 #
2018/0902R(NLE)
Motion for a resolution
Recital L ac (new)
Recital L ac (new)
Amendment 148 #
2018/0902R(NLE)
Motion for a resolution
Recital L ad (new)
Recital L ad (new)
Lad. Whereas on 14-25 March 2022, in its Report and Recommendations of the Virtual Session, the Sub-Committee on Accreditation of the Global Alliance of National Human Rights Institutions recommended to downgrade the Commissioner for Fundamental Rights to a B-status, as the Sub-Committee has not received the written evidence necessary to establish that the Commissioner is effectively carrying out its mandate in relation to vulnerable groups such as ethnic minorities, LGBTQI people, human rights defenders, refugees and migrants, or related to important human rights issues such as media pluralism, civic space and judicial independence; whereas the Sub-Committee is of the view that the Commissioner is acting in a way that seriously compromises its compliance with the Paris Principles; whereas the Sub-Committee also noted issues in the selection and appointment process and in working relationships and cooperation with civil society organizations and human rights defenders;
Amendment 149 #
2018/0902R(NLE)
Motion for a resolution
Recital L ae (new)
Recital L ae (new)
Lae. Whereas on 2 July 2021, in its opinion on the constitutional amendments adopted by the Hungarian Parliament in December 2020, the Venice Commission recommended that the constitutional amendment regarding marriage as the union of one man and one woman, and the addition that “The mother shall be a woman, the father shall be a man”, should not be used as an opportunity to withdraw existing laws on the protection of individuals who are not heterosexuals, or to amend these laws to their disadvantage; whereas it also recommended that the interpretation and application of the constitutional amendments, especially in the drafting of the implementing legislation, should be carried out in a way that the principle of non-discrimination on all grounds, including on the basis of sexual orientation and gender identity, is thoroughly implemented; whereas it further noted that the amendment “Hungary shall protect the right of children to a self-identity corresponding to their sex at birth” should be repealed or modified to ensure that it does not have the effect of denying the rights of transgender people to legal recognition of their acquired gender identity;
Amendment 150 #
2018/0902R(NLE)
Motion for a resolution
Recital L af (new)
Recital L af (new)
Laf. Whereas on 18 October 2021, in its opinion on the amendments to the Act on Equal Treatment and Promotion of Equal Opportunities and to the Act on the Commissioner for Fundamental Rights as adopted by the Hungarian Parliament in December 2020, the Venice Commission indicated that there are risks associated with the merger of the equality bodies with the national human rights institutions including, but not limited to, different traditions, legal procedures and approaches the institutions may have in place and observed that collision of the competences already enjoyed by the Commissioner under Act CXI and those acquired in his /her capacity as successor of the Equal Treatment Authority, is a clear demonstration of a risk that may undermine the effectiveness of the work in the field of promoting equality and combating discrimination;
Amendment 151 #
2018/0902R(NLE)
Motion for a resolution
Recital L ag (new)
Recital L ag (new)
Lag. Whereas on 13 January 2022 in her statement the Commissioner for Human Rights of the Council of Europe indicated that the decision of the Hungarian government to conduct a national referendum regarding children’s access to information concerning sexual orientation and gender identity issues on the same day as the parliamentary elections is deeply regrettable as it furthers the instrumentalisation of the human rights of LGBTI people; whereas on 4 April 2022, in the Statement of Preliminary Findings and Conclusions following the Parliamentary Elections and Referendum, the OSCE international election observation mission highlighted that contrary to established international good practice, the legal framework for the referendum does not guarantee equal opportunities to campaign and voters were not informed in an objective and balanced manner on the choices presented to them nor on their binding effect;
Amendment 152 #
2018/0902R(NLE)
Motion for a resolution
Recital L ah (new)
Recital L ah (new)
Lah. Whereas on 4 April 2022, in the Statement of Preliminary Findings and Conclusions following the Parliamentary Elections and Referendum, the OSCE international election observation mission highlighted that women were underrepresented in the campaign and as candidates;
Amendment 153 #
2018/0902R(NLE)
Motion for a resolution
Recital L ai (new)
Recital L ai (new)
Lai. Whereas on 25 March 2022, in the Concluding observations on the combined second and third report of Hungary the UN Committee on the Rights of Persons with Disabilities expressed concerns that people with disabilities do not have a mechanism to make a decision out of autonomy, and recommended that Hungary amend its legislation to ensure supported decision-making respect the dignity, autonomy, will and preferences of people with disabilities in exercising their legal capacity; whereas the Committee also recommended that Hungary redesign its measures and redirect its budgets into community-based support services, such as personal assistance, with a view to provide support to live independently and equally in the community;
Amendment 154 #
2018/0902R(NLE)
Motion for a resolution
Recital L aj (new)
Recital L aj (new)
Amendment 155 #
2018/0902R(NLE)
Motion for a resolution
Recital L ak (new)
Recital L ak (new)
Amendment 156 #
2018/0902R(NLE)
Motion for a resolution
Recital L al (new)
Recital L al (new)
Lal. Whereas on 6 June 2019, in the Concluding observations on the combined eighteenth to twenty-fifth periodic reports of Hungary the UN Committee on the Elimination of Racial Discrimination indicated it was is deeply alarmed by the prevalence of racist hate speech against Roma, migrants, refugees, asylum seekers and other minorities, which fuels hatred and intolerance and at times incites violence towards such groups, in particular from leading politicians and in the media, including on the Internet; it was especially deeply alarmed at reports that public figures, including at the highest levels, have made statements that may promote racial hatred, in particular as part of the government’s anti- immigrant and anti-refugee campaign started in 2015, and at the presence and operation of organizations that promote racial hatred; whereas, while taking note of the information provided on measures taken to improve the situation of Roma, including in the fields of health and education, as well as through the National Social Inclusion Strategy of 2011, the Committee remained highly concerned at the persistence of discrimination against Roma and the segregation and extreme poverty that they face;
Amendment 157 #
2018/0902R(NLE)
Motion for a resolution
Recital L am (new)
Recital L am (new)
Lam. Whereas on 26 May 2020, in its Fifth opinion on Hungary, the Advisory Committee on the Framework Convention for the Protection of National Minorities indicated that Hungary has maintained its policy to support national minorities based on a solid legislative framework, but it remains necessary to address structural difficulties faced by Roma in all spheres of public and private life, including education, employment, housing and access to health care; whereas it highlighted that urgent measures need to be taken in order to remedy the Roma situation, combat early school leaving, and promote inclusive and quality education, including in segregated areas; in disadvantaged regions, there is a need for stronger complementarity between national and local policies so as to provide long-term solutions to employment and housing problems; access to health care and social services remains subject to serious practical obstacles, mainly to the detriment of Roma women and children;
Amendment 158 #
2018/0902R(NLE)
Motion for a resolution
Recital L an (new)
Recital L an (new)
Lan. Whereas on 16 September 2021, in its decision concerning the pending enhanced supervision of the execution of the ECtHR judgments in Horváth and Kiss v. Hungary, the Committee of Ministers of the Council of Europe recalled that this case concerns the discriminatory misplacement and overrepresentation of Roma children in special schools for children with mental disabilities, due to their systematic misdiagnosis, and that, under the ECtHR case-law, the State is under a positive obligation to avoid perpetuating discriminative practices, noted with interest the use of an upgraded examination system, including tools allowing an objective assessment of the learning abilities of Roma children, by all 21 expert committees, the steady increase in the number of children receiving integrated education when diagnosed with special educational needs and the social development program, which was put in place in 30 of the most disadvantaged settlements, and encouraged the Hungarian authorities to further pursue these measures, reiterated their invitation to the authorities to provide examples demonstrating the effectiveness of the administrative and judicial remedies against the findings of the expert committees, to complete the statistical data provided in this respect, and to provide further information on the newly established procedure before the Commissioner for Fundamental Rights, and noted that the possible participation of an equal opportunities expert during the examination of the learning abilities of multiply disadvantaged children constitutes an important safeguard in this process with a view to preventing discriminatory practices against Roma children but that it remains purely theoretical so far;
Amendment 159 #
2018/0902R(NLE)
Motion for a resolution
Recital L ao (new)
Recital L ao (new)
Lao. Whereas the supervision of the execution of the ECtHR judgments in Balázs group v. Hungary concerning violations of the prohibition of discrimination read in conjunction with the prohibition of inhuman or degrading treatment on account of the authorities’ failure to carry out effective investigations into the question of possible racial motives behind the ill-treatment inflicted on the Roma applicants by law enforcement agents, remains pending;
Amendment 160 #
2018/0902R(NLE)
Motion for a resolution
Recital L ap (new)
Recital L ap (new)
Amendment 161 #
2018/0902R(NLE)
Motion for a resolution
Recital L aq (new)
Recital L aq (new)
Laq. Whereas on 2 April 2020, in Joined Cases C-715/17, C-718/17and C- 719/17 including Commission v Hungary (Temporary mechanism for the relocation of applicants for international protection), the CJEU ruled that by failing to indicate at regular intervals, and at least every three months, an appropriate number of applicants for international protection who can be relocated swiftly to its territory, Hungary has, since 25 December 2015, failed to fulfil its obligations under Article 5(2) of Decision 2015/1601 and has consequently failed to fulfil its subsequent relocation obligations under Article 5(4) to (11) of that decision;
Amendment 162 #
2018/0902R(NLE)
Motion for a resolution
Recital L ar (new)
Recital L ar (new)
Lar. Whereas on 14 May 2020, in Joined Cases C-924/19PPU and C-925/19 PPU OrszágosIdegenrendészeti Főigazgatóság Dél-alföldi Regionális Igazgatóság and OrszágosIdegenrendészeti Főigazgatóság, the CJEU ruled that Directive 2008/115 on common standards and procedures in Member States for returning illegally staying third-country nationals and Directive 2013/33/EU mean that the obligation imposed on a third-country national to remain permanently in a transit zone the perimeter of which is restricted and closed, within which that national’s movements are limited and monitored, and which he or she cannot legally leave voluntarily, in any direction whatsoever, appears to be a deprivation of liberty, characterised by ‘detention’ within the meaning of those directives, and indicated that EU law precludes a number of provisions of the Hungarian legislation;
Amendment 163 #
2018/0902R(NLE)
Motion for a resolution
Recital L as (new)
Recital L as (new)
Amendment 164 #
2018/0902R(NLE)
Motion for a resolution
Recital L at (new)
Recital L at (new)
Lat. Whereas on 9 June 2021, the Commission decided to send a letter of formal notice and a reasoned opinion to the Hungarian authorities for failing to fully transpose Directive 2013/32/EU on common procedures for granting and withdrawing international protection as regards provisions on the personal interview, the medical screening, guarantees for unaccompanied children and teenagers and on the asylum examination procedure;
Amendment 165 #
2018/0902R(NLE)
Motion for a resolution
Recital L au (new)
Recital L au (new)
Lau. Whereas on 15 July 2021, the Commission decided to refer Hungary to the CJEU considering that new asylum procedure is incompatible with Article 6 of Directive 2013/32 on common procedures for granting and withdrawing international protection, interpreted in the light of Article 18 of the Charter (Case C- 823/21 Commission v Hungary);
Amendment 166 #
2018/0902R(NLE)
Motion for a resolution
Recital L av (new)
Recital L av (new)
Lav. Whereas on 16 November 2021, in Case C-821/19 Commission v Hungary (Incrimination de l’aide aux demandeurs d’asile), the CJEU ruled that Hungary has failed to fulfil its obligations under:1) Article 33(2) of Directive 2013/32/EU on common procedures for granting and withdrawing international protection by allowing an application for international protection to be rejected as inadmissible on the ground that the applicant arrived on its territory via a State in which that person was not exposed to persecution or a risk of serious harm, or in which a sufficient degree of protection is guaranteed; 2) Article 8(2) and Article 22(1)of Directive 2013/32 and Article 10(4) of Directive 2013/33/EU laying down standards for the reception of applicants for international protection by criminalising in its national law the actions of any person who, in connection with an organising activity, provides assistance in respect of the making or lodging of an application for asylum in its territory, where it can be proved beyond all reasonable doubt that that person was aware that that application could not be accepted under that law; 3) Article 8(2),Article 12(1)(c) and Article 22(1) of Directive 2013/32 and Article 10(4) of Directive 2013/33 by preventing any person who is suspected of having committed such an offence from the right to approach its external borders;
Amendment 167 #
2018/0902R(NLE)
Motion for a resolution
Recital L aw (new)
Recital L aw (new)
Law. Whereas on 21 May 2019, in her Report following the visit to Hungary from 4 to 8 February 2019, the Commissioner for Human Rights of the Council of Europe found that the stance against immigration and asylum seekers adopted by the government since 2015 has resulted in a legislative framework which undermines the reception of asylum seekers and the integration of recognised refugees as prescribed by international human rights obligations;
Amendment 168 #
2018/0902R(NLE)
Motion for a resolution
Recital L ax (new)
Recital L ax (new)
Lax. Whereas on 17 March 2020 in its report on the visit to Hungary in 2018, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) highlighted that nothing had been done since the CPT’s 2017 ad hoc visit to put in place effective safeguards to prevent ill- treatment of persons returned by Hungarian police officers through the border fence towards Serbia, and it was also clear that there were still no legal remedies capable of offering such persons effective protection against their forced removal and/or refoulement, including chain refoulement;
Amendment 169 #
2018/0902R(NLE)
Motion for a resolution
Recital L ay (new)
Recital L ay (new)
Lay. Whereas on 6 June 2019, in the Concluding observations on the combined eighteenth to twenty-fifth periodic reports of Hungary the UN Committee on the Elimination of Racial Discrimination expressed concerns by the alarming situation of asylum seekers, refugees and migrants, at the reports that the principle of non-refoulement is not fully respected in law and in practice, and deep alarm at the reported excessive use of force and violence by law enforcement officers against third country nationals found anywhere in Hungary, while “pushing back” those found near the border to Serbia, resulting in injuries and bodily harm;
Amendment 170 #
2018/0902R(NLE)
Motion for a resolution
Recital L az (new)
Recital L az (new)
Laz. Whereas on 2 March 2021, in its judgment in R.R. and Others v. Hungary, the ECtHR found that the lack of food provided to R.R. and the conditions of stay of the other applicants (a pregnant woman and children) had led to violation of the prohibition of inhuman or degrading treatment, and the applicants’ stay in the transit zone had amounted to a defacto deprivation of liberty and that the absence of any formal decision of the authorities and any proceedings by which the lawfulness of their detention could have been decided speedily by a court had led to violations of right to liberty and security; whereas on 24 February 2022, in its judgment in M.B.K. and Others v. Hungary, the ECtHR came to similar conclusions; whereas the enhanced supervision of the execution of those judgments remains pending;
Amendment 171 #
2018/0902R(NLE)
Motion for a resolution
Recital L az (new)
Recital L az (new)
Amendment 172 #
2018/0902R(NLE)
Motion for a resolution
Recital L bb (new)
Recital L bb (new)
Lbb. Whereas on 8 July 2021, in its judgment in Shahzad v. Hungary, the ECtHR found that the applicant had been subject to a “collective” expulsion as his individual situation had not been ascertained by the authorities, and they had not provided genuine and effective ways to enter Hungary, removal had not been a result of his conduct, and the applicant had not had an adequate legal remedy available to him; whereas the enhanced supervision of the execution of that judgment remains pending;
Amendment 173 #
2018/0902R(NLE)
Motion for a resolution
Recital L bc (new)
Recital L bc (new)
Lbc. Whereas on 2 December 2021, in its decision concerning the pending enhanced supervision of the execution of the ECtHR judgment in Ilias and Ahmed v. Hungary, the Committee of Ministers of the Council of Europe recalled that this case concerns a violation of the procedural obligation under Article 3 to assess the risks of ill-treatment before removing the asylum-seeking applicants to Serbia by relying on a general presumption of “safe third country”, noted with deep regret that no steps have been taken towards conducting the necessary reassessment of the legislative presumption of “safe third country” in respect of Serbia and firmly reiterated their invitation to carry out such reassessment without further delay and in line with the requirements of the ECtHR case-law, and to present the grounds and the outcome thereof, and noted with grave concern that, despite the concerns expressed in their previous decision, the practice of forced removals without orderly procedure has continued; strongly reiterated their call on the authorities to fully comply with the requirements flowing from the ECtHR judgment and to ensure that forced returns are framed by orderly procedures and safeguards notably concerning every person’s right to seek asylum as established by international law;
Amendment 174 #
2018/0902R(NLE)
Motion for a resolution
Recital L bd (new)
Recital L bd (new)
Lbd. Whereas the supervision of the execution of the ECtHR judgments in Nabil and Others group v. Hungary concerning violations of the applicant asylum seekers’ right to liberty and security, on account of their detention pending the examination of the merits of their asylum claims, remains pending;
Amendment 175 #
2018/0902R(NLE)
Motion for a resolution
Recital L be (new)
Recital L be (new)
Lbe. Whereas on 20 July 2020, the Council recommended in its opinion on the 2020 Convergence Programme of Hungary to address shortages of health workers and ensure an adequate supply of critical medical products and infrastructure to increase the resilience of the health system, improve access to quality preventive and primary care services, to protect employment through enhanced short-time working arrangements and effective active labour- market policies and extend the duration of unemployment benefits, to improve the adequacy of social assistance and ensure access to essential services and quality education for all;
Amendment 176 #
2018/0902R(NLE)
Motion for a resolution
Recital L bf (new)
Recital L bf (new)
Lbf. Whereas on 18 June 2021, the Council recommended in its opinion on the 2021 Convergence Programme of Hungary to give priority to fiscal structural reforms that will help provide financing for public policy priorities and contribute to the long-term sustainability of public finances, including, where relevant, by strengthening the coverage, adequacy and sustainability of health and social protection systems for all;
Amendment 177 #
2018/0902R(NLE)
Motion for a resolution
Recital L bg (new)
Recital L bg (new)
Lbg. Whereas on 3 March 2020, in the Concluding observations on the sixth periodic report of Hungary, the UN Committee on the Rights of the Child recommended that Hungary continue to invest in measures to end poverty, paying particular attention to Roma children and children living in socioeconomically deprived areas and raised serious concerns about the number of students leaving school early, most of them from disadvantaged backgrounds, the allocation of public schools to religious communities, which can contribute to segregation based on religion and belief, the continued segregation of Roma children in education, the education gap between Roma and non-Roma children, the lack of official data on Roma children in education, the bullying, abuse and exclusion faced by children in schools, in particular, LGBTI children, the use of methods of discipline in schools not protecting children from physical and mental violence;
Amendment 225 #
2018/0902R(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to make full use of the tools available to address the clear risk of a serious breach by Hungary of the values on which the Union is founded, in particular expedited infringement procedures, applications for interim measures before the Court of Justice and actions regarding non- implementation of the Court’s judgments; recalls the importance of the Rule of Law Conditionality Regulation and welcomes the decision to trigger it in the case of Hungary, albeit after a long delay and with a limited scope; calls on the Commission to take immediate action under the regulation as regards other breaches of the rule of law; notes the risk of misuse of funds under the Recovery and Resilience Facility and reiterates its call for the Commission to refrain from approval of the Hungarian plan until Hungary has fully complied with all European Semester country- specific recommendations in the field of the rule of law and until it has implemented all the relevant judgments of the CJEU and the ECtHR;
Amendment 229 #
2018/0902R(NLE)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to support independent civil society in Hungary which safeguards the European values enshrined in Article 2 TEU, in particular, by using the Citizens, Equality, Rights and Values programme; reiterates its call on the Commission to adopt a comprehensive civil society strategy for the protection and development of civic space within the Union that integrates all existing tools and outlines a set of concrete measures that will protect and strengthen civic space;