Activities of Anna Júlia DONÁTH

Proposal for a regulation
Recital 10

(10) State advertising should be understood broadly as covering promotional or self-promotional activities undertaken by, for or on behalf of a wide range of public authorities or entities, including governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities in different sectors, at national or regional level, or local governments of territorial entities of more than 1 million inhabitants. However, the definition of state advertising should not include emergency messages by public authorities which are necessary, for example, in cases of natural or sanitary disasters, accidents or other sudden incidents that can cause harm to individuals.

2023/05/05
Committee: CULT

2022/0277(COD)

Proposal for a regulation
Recital 10

(10) State advertising should be understood broadly as covering promotional or self-promotional activities undertaken by, for or on behalf of a wide range of public authorities or entities, including governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities in different sectors, at national or regional level, or local governments of territorial entities of more than 1 million inhabitants. However, the definition of state advertising should not include emergency messages by public authorities which are necessary, for example, in cases of natural or sanitary disasters, accidents or other sudden incidents that can cause harm to individuals.

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Recital 28

(28) Ensuring a consistent regulatory practice regarding this Regulation and Directive 2010/13/EU is essential. For this purpose, and to contribute to ensuring a convergent implementation of EU media law, the Commission may issue guidelines on matters covered by both this Regulation and Directive 2010/13/EU when needed. When deciding to issue guidelines, the Commission should consider in particular regulatory issues affecting a significant number of Member States or those with a cross-border element. This is the case in particular for national measures taken under Article 7a of Directive 2010/13/EU on the appropriate prominence of audiovisual media services of general interest. In view of the abundance of information and the increasing use of digital means to access the media, it is important to ensure prominence for content of general interest, in order to help achieving a level playing field in the internal market and compliance with the fundamental right to receive information under Article 11 of the Charter of Fundamental Rights of the Union. Given the possible impact of the national measures taken under Article 7a on the functioning of the internal media market, guidelines by the Commission would be important to achieve legal certainty in this field. It would also be useful to provide guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Recital 28 a (new)

(28a) Transparency of media ownership is the precondition to a fuller understanding of media ownership in Europe and makes media pluralism effective. A media ownership database constitutes a valuable resource for citizens and a wide range of stakeholders, but collecting such information in a comprehensive manner remains a challenge. Therefore, Member States and the Board actively participate in information gathering, updating and dissemination activities relating to media- ownership issues.

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Recital 28 b (new)

(28b) National regulatory authorities or bodies established in accordance with Directive 2010/13/EU uphold a media ownership database in order to ensure the public interest because the media helps form public opinion and has direct influence on the outcome of elections. The Commission provides guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Recital 28

(28) Ensuring a consistent regulatory practice regarding this Regulation and Directive 2010/13/EU is essential. For this purpose, and to contribute to ensuring a convergent implementation of EU media law, the Commission may issue guidelines on matters covered by both this Regulation and Directive 2010/13/EU when needed. When deciding to issue guidelines, the Commission should consider in particular regulatory issues affecting a significant number of Member States or those with a cross-border element. This is the case in particular for national measures taken under Article 7a of Directive 2010/13/EU on the appropriate prominence of audiovisual media services of general interest. In view of the abundance of information and the increasing use of digital means to access the media, it is important to ensure prominence for content of general interest, in order to help achieving a level playing field in the internal market and compliance with the fundamental right to receive information under Article 11 of the Charter of Fundamental Rights of the Union. Given the possible impact of the national measures taken under Article 7a on the functioning of the internal media market, guidelines by the Commission would be important to achieve legal certainty in this field. It would also be useful to provide guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.

2023/05/05
Committee: CULT

2022/0277(COD)

Proposal for a regulation
Recital 28 a (new)

(28a) Transparency of media ownership is the precondition to a fuller understanding of media ownership in Europe and makes media pluralism effective. A media ownership database constitutes a valuable resource for citizens and a wide range of stakeholders, but collecting such information in a comprehensive manner remains a challenge. Therefore, Member States and the Board actively participate in information gathering, updating and dissemination activities relating to media- ownership issues.

2023/05/05
Committee: CULT

2022/0277(COD)

Proposal for a regulation
Recital 28 b (new)

(28b) National regulatory authorities or bodies established in accordance with Directive 2010/13/EU uphold a media ownership database in order to ensure the public interest because the media helps form public opinion and has direct influence on the outcome of elections. The Commission provides guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.

2023/05/05
Committee: CULT

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 16

(16) ~~‘spyware’ means any product with digital elements specially designed to exploit vulnerabilities in other products with digital elements~~'surveillance technologies’ mean any electronic, mechanical, or other surveillance device that enables the ~~covert surveillance of natural or legal pers~~acquisition of informations by monitoring, extracting, collecting or analysing data from such products or from the natural or legal persons using such products, in particular by secretly recording calls or otherwise using the microphone of an end-user device, filming natural persons, machines or their surroundings, copying messages, photographing, tracking browsing activity, tracking geolocation, collecting other sensor data or tracking activities across multiple end-user devices,of any information and communication technology without the natural or legal person concerned being made aware in a specific manner and having given their express specific free and informed consent in that regard;

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 3 – paragraph 1

~~Recipients of media services~~Everyone in the Union shall have the right to receive a plurality of news and current affairs content, produced with respect for editorial freedom of media service providers, to the benefit of the public discourse.

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point a

(a) interfere in or try to influence in any way, directly or indirectly, editorial policies and decisions by media service providers or journalists ;

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point b

(b) order disclosure, detain, sanction, intercept, subject to surveillance or search and seizure, or inspect media service providers and their journalists or, if applicable, any otheir family members, their employees or their family members, or their corporate and private premises, on the ground that they refuse to disclose information on their sources, unless this is justified by an overriding requirement in the public interest, in accordance with Article 52(1) of the Charter and in compliance with other Union lawsubject belonging to their professional and private network of relationships, where such actions might lead to access to journalists’ sources;

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point c

(c) deploy s~~pyware~~urveillance technologies in any device or machine used by media service providers and their journalists or, if applicable, their family members, or their employees or their family members, unless the deployment is justified, on a case-by-case basis, on grounds of national security and is in compliance with Article 52(1) of the Charter and other Union law or the deployment occurs in serious crimes investigations of one of the aforementioned persons, it is provided for under national law and is in compliance with Article 52(1) of the Charter and other Union law, and measures adopted pursuant to sub-paragraph (b) would be inadequate and insufficient to obtain theif applicable, any other subject belonging to their professional and private network of relationships, where such action might lead to access to journalists’ sources or information ~~sought.~~;

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)

(ca) create or force access to encrypted communications in any device or machine used by media service providers and their journalists or, if applicable, any other subject belonging to their professional and private network of relationships, where such action might lead to access to journalists’ sources or information;

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 3 a (new)

3a. Any action that correspond to an interference with journalists’ sources as mentioned in this article under paragraph 1 are only permitted if justified by an overriding requirement in the public interest, in accordance with Article 52(1) of the Charter, the Commission Recommendation (EU) 2021/1534 of 16 September 2021 on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union, and in compliance with other Union law;

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 3 b (new)

3b. Any sanctions against media service service providers or journalists who refuse to disclose the identity of a source should only be applied by an independent court after a fair trial, which shall be subject to effective judicial remedy;

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 3 c (new)

3c. In order to be in accordance with Article 52(1) of the Charter and in compliance with other Union law, the following cumulative conditions need to be fulfilled for the justification of actions that interfere with the protection of journalists’ sources: (a) The interference is, ex ante, ordered exclusively by a judge, a court or another independent and impartial body; (b) The interference is justified for the prevention, investigation or prosecution of serious crime; (c) The information sought is crucial for the prevention, investigation or prosecution of serious crime; (d) The interference with journalists’ rights is prescribed by law and is proportionate in respect to the legitimate aim pursued; (e) There are no alternatives for the public authorities to obtain the information sought in another way, without interfering with the protection of journalists’ sources;

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 6 – title

~~Duties of media service providers providing news and current affairs content~~Media ownership transparency

2023/05/09
Committee: LIBE

2022/0277(COD)

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

1. Media service providers ~~providing news and current affairs content shall make easily and directly accessible to the recipients of their services~~shall make easily and directly accessible through electronic, machine readable and user friendly format the following information:

2023/05/09
Committee: LIBE

2022/0277(COD)

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

(a) their legal name and contact details and registration numbers ;

2023/05/09
Committee: LIBE

2022/0277(COD)

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

(b) the name(s) and contact details of their direct or indirect owner(s) with shareholdings enabling them to exercise influence on the operation and strategic decision making;

2023/05/09
Committee: LIBE

2022/0277(COD)

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

(ca) whether and if so to what extent their direct or beneficial ownership is held by the government, a state institution, state-owned enterprise or other public body;

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 16

(16) ~~‘spyware’ means any product with digital elements specially designed to exploit vulnerabilities in other products with digital elements~~'surveillance technologies’ means any electronic, mechanical, or other surveillance device that enables the ~~covert surveillance of natural or legal pers~~acquisition of informations by monitoring, extracting, collecting or analysing data from such products or from the natural or legal persons using such products, in particular by secretly recording calls or otherwise using the microphone of an end-user device, filming natural persons, machines or their surroundings, copying messages, photographing, tracking browsing activity, tracking geolocation, collecting other sensor data or tracking activities across multiple end-user devices,of any information and communication technology without the natural or legal person concerned being made aware in a specific manner and having given their express specific free and informed consent in that regard;

2023/05/05
Committee: CULT

2022/0277(COD)

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

(cb) the interests, links or activities of their owners and their family members known to be close associates of politically exposed persons as defined in Article 3 points 9, 10, 11 of Directive (EU) 2015/849 of the European Parliament and of the Council;

2023/05/09
Committee: LIBE

2022/0277(COD)

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

(cc) the interests, links or activities of their owners and their family members in other media or non-media businesses;

2023/05/09
Committee: LIBE

2022/0277(COD)

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

(cd) any other interests that could influence their strategic decision-making or their editorial line;

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 3 – paragraph 1

~~Recipients~~Everyone of media services in the Union shall have the right to receive a plurality of news and current affairs content, produced with respect for editorial freedom of media service providers, to the benefit of the public discourse.

2023/05/05
Committee: CULT

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point a

(a) interfere in or try to influence in any way, directly or indirectly, editorial policies and decisions by media service providers or journalists ;

2023/05/05
Committee: CULT

2022/0277(COD)

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

2. Without prejudice to national constitutional laws consistent with the Charter, media service providers ~~providing news and current affairs content~~ shall take measures that they deem appropriate with a view to guaranteeing the independence of individual editorial decisions. In particular, such measures shall aim to:

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point b

(b) order disclosure, detain, sanction, intercept, subject to surveillance or search and seizure, or inspect media service providers ~~or, if applicable~~and their journalists, their family members, their employees or their family members, or their corporate and private premises, on the ground that they refuse to disclose information on their sources, unless this is justified by an overriding requirement in the public interest, in accordance with Article 52(1)if applicable, any other subject belonging to their professional and private network of relationships, ofr the ~~Char~~ir corporater and ~~in compliance with other Union law~~private premises;

2023/05/05
Committee: CULT

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point c

(c) deploy s~~pyware~~urveillance technologies in any device or machine used by media service providers ~~or, if applicable~~and their journalists, their family members, or their employees or their family members, unless the deployment is justified, on a case-by-case basis, on grounds of national security and is in compliance with Article 52(1) of the Charter and other Union law or the deployment occurs in serious crimes investigations of one of the aforementioned persons, it is provided for under national law and is in compliance with Article 52(1) of the Charter and other Union law, and measures adopted pursuant to sub-paragraph (b) would be inadequate and insufficient to obtain the information sought.if applicable, any other subject belonging to their professional and private network of relationships;

2023/05/05
Committee: CULT

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)

(ca) create or force access to encrypted communications in any device or machine used by media service providers and their journalists or, if applicable, any other subject belonging to their professional and private network of relationships;

2023/05/05
Committee: CULT

2022/0277(COD)

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

(b) ensure disclosure of any actual or potential conflict of interest by any party having a stake in media service providers that may affect the provision of ~~news and current affairs~~media content.

2023/05/09
Committee: LIBE

2022/0277(COD)

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

2a. Media service providers shall update the information made available according to paragraph 1 within 30 days of any change to their ownership or control arrangements;

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 3 a (new)

3a. Any action that correspond to an interference with journalists’ sources as mentioned in this article under paragraph 1 are only permitted if justified by an overriding requirement in the public interest, in accordance with Article 52(1) of the Charter, the Commission Recommendation (EU) 2021/1534 of 16 September 2021 on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union, and in compliance with other Union law;

2023/05/05
Committee: CULT

2022/0277(COD)

Proposal for a regulation
Article 6 – paragraph 3

~~3. The obligations under this Article shall not apply to media service providers that are micro enterprises within the meaning of Article 3 of Directive 2013/34/EU.~~deleted

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 3 b (new)

3b. Any sanctions against media service service providers or journalists who refuse to disclose the identity of a source should only be applied by an independent court after a fair trial, which shall be subject to effective judicial remedy;

2023/05/05
Committee: CULT

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 3 c (new)

3c. In order to be in accordance with Article 52(1) of the Charter and in compliance with other Union law, the following cumulative conditions need to be fulfilled for the justification of actions that interfere with the protection of journalists’ sources: (a) The interference is, ex ante, ordered exclusively by a judge, a court or another independent and impartial body; (b) The interference is justified for the prevention, investigation or prosecution of serious crime; (c) The information sought is crucial for the prevention, investigation or prosecution of serious crime; (d) The interference with journalists’ rights is prescribed by law and is proportionate in respect to the legitimate aim pursued; (e) There are no alternatives for the public authorities to obtain the information sought in another way, without interfering with the protection of journalists’ sources;

2023/05/05
Committee: CULT

2022/0277(COD)

Proposal for a regulation
Article 6 – paragraph 3 a (new)

3a. National regulatory authorities or bodies established in accordance with Directive 2010/13/ EU shall establish national electronic databases of media ownership;

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 6 – paragraph 3 b (new)

3b. Media service providers shall submit the information made publicly available according to paragraph 1 to the national databases of media ownership established according to paragraph 3 within 30 days of any change to their ownership or control arrangements;

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 6 – paragraph 3 c (new)

3c. National regulatory authorities or bodies established in accordance with Directive 2010/13/ EU shall submit data provided according to paragraph 4 to the European Database of Media Ownership;

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 6 – paragraph 3 d (new)

3d. National regulatory authorities or bodies shall monitor and produce annual reports regarding the ownership in media markets within their Member State. In order to assess the accuracy of the information on media ownership made available pursuant to paragraph 4, national regulatory authorities or bodies may request from media service providers further information;

2023/05/09
Committee: LIBE

2022/0277(COD)

Proposal for a regulation
Article 6 – title

~~Duties of media service providers providing news and current affairs content~~Media ownership transparency

2023/05/05
Committee: CULT

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 1

1. The Board shall be composed of high level representatives of national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU.

2023/05/09
Committee: LIBE

2022/0277(COD)

Ramona STRUGARIU, Michal ŠIMEČKA, Olivier CHASTEL, Sophia IN 'T VELD, Fabienne KELLER, Hilde VAUTMANS, Dragoş TUDORACHE, Maite PAGAZAURTUNDÚA, Anna Júlia DONÁTH

E. whereas freedom of association is one of the essential bases of a democratic and pluralist society, as it allows citizens to act collectively in fields of mutual interest and to contribute to the proper functioning of public life; whereas freedom of association does not only include the ability to create or dissolve an association but also for that association to operate without unjustified interference by the State; whereas the ability to seek, secure and use resources is essential to the operation of any association; whereas prohibition or dissolution shall always be a measure of last resort;

2021/11/16
Committee: LIBE

2021/2036(INI)

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
Annex – point 3 – part II – point a

(a) a bespoke rule concerning claims arising from public participation, distinguishing jurisdiction in such cases from ordinary torts, whereby the habitual residence of the defendant as the sole forum;

2021/09/06
Committee: JURI LIBE

2021/2036(INI)

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
Annex – point 3 – part II – point b

(b) that the applicable law is the law of the place ~~where the investigation or reporting took place~~to which a publication is directed and, supplementary, the place of editorial control.

2021/07/09
Committee: JURI LIBE

2021/2036(INI)

Ramona STRUGARIU, Anna Júlia DONÁTH, David CASA, Dace MELBĀRDE, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Karen MELCHIOR, Maite PAGAZAURTUNDÚA

Motion for a resolution
Annex – point 3 – part II – point b

(b) that the applicable law is the law of the place ~~where the investigation or reporting took place~~to which a publication is directed and, supplementary, the place of editorial control.

2021/09/06
Committee: JURI LIBE

2021/2025(INI)

Motion for a resolution
Recital F a (new)

F a. whereas ombudsperson institutions in the Member States play a critical role in safeguarding key principles of the Rule of Law, such as transparency, accountability and due process; whereas the COVID-19 crisis has brought about restrictions of fundamental rights that make it more important than ever to have effective checks and balances in place over the actions of the government and in defence of citizens' rights;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Dragoş TUDORACHE, Fabienne KELLER

Motion for a resolution
Paragraph 1

1. Welcomes the Commission’s first annual Rule of Law Report as part of the wider European rule of law monitoring and enforcement architecture~~, as it adds an important, potentially preventive tool to the Union’s rule of law toolbox~~; encourages further development of this new tool for agenda-setting and preventive purposes;

2021/04/26
Committee: LIBE

2021/2025(INI)

Anna Júlia DONÁTH, Moritz KÖRNER, Fabienne KELLER, Olivier CHASTEL, Hilde VAUTMANS, Jan-Christoph OETJEN, Sophia IN 'T VELD, Maite PAGAZAURTUNDÚA, Michal ŠIMEČKA

Motion for a resolution
Paragraph 2

2. Welcomes the fact that justice systems, the anti-corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space to a certain extent, are all part of the Commission’s annual overview of the rule of law situation in the Member States; encourages the Commission to also highlight positive trends in Member States that could serve as good examples for others to follow;

2021/04/26
Committee: LIBE

2021/2025(INI)

Anna Júlia DONÁTH, Moritz KÖRNER, Fabienne KELLER, Olivier CHASTEL, Hilde VAUTMANS, Jan-Christoph OETJEN, Sophia IN 'T VELD, Maite PAGAZAURTUNDÚA, Michal ŠIMEČKA

Motion for a resolution
Paragraph 2 a (new)

2 a. Considers that the 2020 report is overly descriptive and does not provide sufficient analysis; and the Commission do not draw any conclusions on the state of the Rule of Law in the Member States and in the Union in general; believes the 2020 report fails to provide clear assessments stating whether there are serious deficiencies or a risk of a serious breach of the Union values in each of the pillars under analysis in the country chapters; considers these assessments necessary to identify follow up actions and remedial tools; considers it necessary that the report contains country specific recommendations on how to address the identified concerns and benchmarks to be followed up;

2021/04/26
Committee: LIBE

2021/2025(INI)

Anna Júlia DONÁTH, Moritz KÖRNER, Fabienne KELLER, Olivier CHASTEL, Hilde VAUTMANS, Jan-Christoph OETJEN, Sophia IN 'T VELD, Maite PAGAZAURTUNDÚA, Michal ŠIMEČKA

Motion for a resolution
Paragraph 2 b (new)

2 b. Stresses that the analysis and the conclusions of the reports should be directly contributing to the Rule of Law Conditionality Mechanism; calls on the Commission to clarify in the methodology the link between the two mechanisms;

2021/04/26
Committee: LIBE

2021/2025(INI)

Anna Júlia DONÁTH, Moritz KÖRNER, Fabienne KELLER, Olivier CHASTEL, Hilde VAUTMANS, Jan-Christoph OETJEN, Sophia IN 'T VELD, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Michal ŠIMEČKA

Motion for a resolution
Paragraph 3

3. Stresses the potential preventive benefits of the annual Rule of Law Report; considers that a more thorough evaluation is needed to assess whether the report has had a sufficient preventive effect; considers that in any event this is clearly not the case as regards the Member States under the Article 7(1) TEU procedure; believes that the 2020 report should have provided more in-depth assessments, stating whether there is a risk of or actual breach of the Union values; considers these assessments necessary to ~~identify follow-up actions and remedial measures and tools~~formulate conclusions about the state of the rule of law and to identify follow-up actions and remedial measures and tools; calls on the Commission to include in the reports indication of such follow-up and remedial action, whose progress should be then illustrated in the following report;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Fabienne KELLER

Motion for a resolution
Paragraph 3

3. Stresses the potential preventive benefits of the annual Rule of Law Report; considers that a more thorough evaluation is needed to assess whether the report has had a preventive effect; considers that in any event this is clearly not the case as regards ~~the~~ Member States ~~und~~where the ~~Article 7(1) TEU procedure~~rule of law is in crisis; believes that the 2020 report should have provided more in-depth assessments, stating whether there is a risk of or actual breach of the Union values; considers these assessments necessary to identify follow-up actions and remedial measures and tools;

2021/04/26
Committee: LIBE

2021/2025(INI)

Anna Júlia DONÁTH, Moritz KÖRNER, Fabienne KELLER, Olivier CHASTEL, Hilde VAUTMANS, Jan-Christoph OETJEN, Sophia IN 'T VELD, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Michal ŠIMEČKA

Motion for a resolution
Paragraph 4

4. Calls for a more integrated analysis on the interlinkages between the four pillars included in the report and of how combined deficiencies may amount to systemic breaches of the rule of law; and signal if those are affecting or risk affecting the financial interest of the Union;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Dragoş TUDORACHE, Fabienne KELLER

Motion for a resolution
Paragraph 4

4. Calls for a more integrated analysis on the interlinkages between the four pillars included in the report and of how combined deficiencies may amount to systemic breaches of the rule of law or risks thereof;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Dragoş TUDORACHE, Fabienne KELLER

Motion for a resolution
Paragraph 5 a (new)

5 a. Regrets that not all rule of law issues were covered in sufficient detail by the annual report; invites the Commission to develop its country-specific expertise and capacity to react more promptly to negative developments in the Member States; calls on the Commission to devote sufficient resources to the monitoring and enforcement of the rule of law in the EU;

2021/04/26
Committee: LIBE

2021/2025(INI)

Anna Júlia DONÁTH, Moritz KÖRNER, Fabienne KELLER, Olivier CHASTEL, Hilde VAUTMANS, Jan-Christoph OETJEN, Sophia IN 'T VELD, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Michal ŠIMEČKA

Motion for a resolution
Paragraph 5 a (new)

5 a. Stresses that the laws, the democratic institutions, their independence, the checks and balances, the rule of law in a Member State have to be functional not only de jure but also de facto;

2021/04/26
Committee: LIBE

2021/2025(INI)

Anna Júlia DONÁTH, Moritz KÖRNER, Fabienne KELLER, Olivier CHASTEL, Hilde VAUTMANS, Jan-Christoph OETJEN, Sophia IN 'T VELD, Maite PAGAZAURTUNDÚA, Michal ŠIMEČKA

Motion for a resolution
Paragraph 6

6. Welcomes the monitoring of the independence, quality and efficiency of the Member States’ justice systems~~; considers that~~ including the national prosecution services as those are essential preconditions not only of the rule of law within the Member States but also of the protection of the Union’s financial interests; considers that the integrity of the judges and prosecutors and other persons working in the justice systems and the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers that the reports should go beyond a static annual snapshot and include information on relevant antecedents in the country chapters;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Dragoş TUDORACHE, Fabienne KELLER

Motion for a resolution
Paragraph 6

6. Welcomes the monitoring of the independence, quality and efficiency of the Member States’ justice systems; considers that the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers that the reports should go beyond a static annual snapshot and include ~~information on relevant antecedents in the country chapters~~any relevant information about the state of the rule of law in the country, as well as situate new developments in their political context;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Fabienne KELLER

Motion for a resolution
Paragraph 7

7. Is alarmed by the stark deterioration of the independence of some Member States’ justice systems, as reflected in some country chapters; calls on the Commission to clearly assess and designate such shortcomings and findings i~~dentified as a clear risk of a serious breach of the rule of~~n light of applicable standards in EU law;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Dragoş TUDORACHE, Fabienne KELLER

Motion for a resolution
Paragraph 8

8. Decries th~~e fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7 of the TEU~~at the governments of Poland and Hungary have repeatedly attempted to prevent national courts from referring cases to the Court of Justice of the European Union under Article 267 TFEU; considers this practice to be in contravention of the Treaties and the CJEU's established interpretation of the relevant provisions; is appalled by the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments pose a systemic threat to the Union; considers, therefore, that forthcoming annual reports should consider challenges to the Union’s legal architecture and principles as serious violations in the assessment;

2021/04/26
Committee: LIBE

2021/2025(INI)

Ramona STRUGARIU, Michal ŠIMEČKA, Olivier CHASTEL, Sophia IN 'T VELD, Fabienne KELLER, Hilde VAUTMANS, Dragoş TUDORACHE, Maite PAGAZAURTUNDÚA, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 10

10. Welcomes the inclusion in the report of a specific chapter on monitoring media freedom and pluralism; urges the Commission to provide an assessment of the efficiency and effectiveness of the national frameworks for the protection of media freedom and media pluralism and make concrete recommendations for improving the situation; deems it important that the annual rule of law reports provide the basis for strong action on behalf of the European Commission in order to address the deficiencies identified;

2021/04/26
Committee: LIBE

2021/2025(INI)

Anna Júlia DONÁTH, Moritz KÖRNER, Fabienne KELLER, Olivier CHASTEL, Hilde VAUTMANS, Jan-Christoph OETJEN, Sophia IN 'T VELD, Maite PAGAZAURTUNDÚA, Michal ŠIMEČKA

Motion for a resolution
Paragraph 11

11. Deplores the lack of assessment as regards the public service media sector at national level and its degree of independence from government or any other interference and an assessment of transparency of media ownership; believes that proper implementation of Article 30 of the 2018 Audiovisual Media Services Directive19 ~~should be closely monitored~~and particularly its Article 30 should be closely monitored and infringement procedures should be initiated as a matter of priority; _________________ 19 OJ L 303, 28.11.2018, p. 69.

2021/04/26
Committee: LIBE

2021/2025(INI)

Ramona STRUGARIU, Michal ŠIMEČKA, Olivier CHASTEL, Sophia IN 'T VELD, Fabienne KELLER, Hilde VAUTMANS, Dragoş TUDORACHE, Maite PAGAZAURTUNDÚA, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 13 a (new)

13 a. Welcomes the reference to the role of ombudsperson institutions, as well as the fact that the Commission systematically included them in the fourth pillar of the country reports; calls on the Commission to pay more attention in the next annual cycle to the activities of national ombudspersons by going beyond acknowledging that ombudspersons institutions are established in Member States and looking more in depth into how they function, their degree of independence and their real contribution in terms of ensuring that adequate safeguards are in place;

2021/04/26
Committee: LIBE

2021/2025(INI)

Ramona STRUGARIU, Michal ŠIMEČKA, Sophia IN 'T VELD, Fabienne KELLER, Hilde VAUTMANS, Dragoş TUDORACHE, Maite PAGAZAURTUNDÚA, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 14

14. Invites the Commission to define clear benchmarks on an enabling civic space; underlines the very important role civil society organisations play in defending the rule of law and European values on the ground, as well as in terms of providing valuable expertise; strongly believes that the Commission should institute a formal and continuous dialogue with civil society representatives on these issues and ensure their meaningful involvement in the elaboration of the annual rule of law report; highlights in this regard, based on the NGOs' experience from the 2020 cycle, that thematically structured consultations within the framework of the rule of law debates would increase the efficiency of the process and the amount of valuable feedback provided by the civil society; underlines that the deadlines imposed and the documents' formats used in the consultation process should be adequately adapted and flexible in order to allow for a complete and comprehensive input;

2021/04/26
Committee: LIBE

2021/2025(INI)

Anna Júlia DONÁTH, Moritz KÖRNER, Fabienne KELLER, Olivier CHASTEL, Hilde VAUTMANS, Jan-Christoph OETJEN, Sophia IN 'T VELD, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Michal ŠIMEČKA

Motion for a resolution
Paragraph 14

14. ~~Invites the Commission to define clear benchmarks on an enabling civic space;~~ Considers that, given the role of civil society in promoting, explaining, monitoring and holding governments accountable with regard to the realisation of Union values, including key building blocks of the rule of law, an additional chapter dedicated to monitoring the evolution of civic space in Member States should be added to each country report and the horizontal report;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Fabienne KELLER

Motion for a resolution
Paragraph 14

14. Invites the Commission to define clear benchmarks con ~~an enabling~~cerning the breadth and openness of civic space;

2021/04/26
Committee: LIBE

2021/2025(INI)

Anna Júlia DONÁTH, Moritz KÖRNER, Fabienne KELLER, Olivier CHASTEL, Hilde VAUTMANS, Jan-Christoph OETJEN, Sophia IN 'T VELD, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Michal ŠIMEČKA

Motion for a resolution
Paragraph 14 a (new)

14 a. Suggests therefore that such a chapter should focus on 1) the legal environment for the exercise of civic freedoms; 2) the framework for civic organisations’ sustainability and financial viability, including the issue of government-organized non-governmental organizations (GONGOs); 3) participation in decision-making, including the right to access to information; 4) safe space, including verbal and physical attacks, smear campaigns as well as legal, administrative and fiscal harassment, the chilling effect they trigger and the long term consequences in terms of active citizenship in the country;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Dragoş TUDORACHE, Fabienne KELLER

Motion for a resolution
Paragraph 15

15. Regrets the non-implementation, which in itself constitutes a serious violation of the rule of law, by ~~a Member State subject to Article 7 of the TEU~~Hungary of a CJEU ruling in relation to restrictions imposed on the financing of civil organisations by persons established outside that Member State; notes with concern that an increasing number of Member States are adopting legislation that severely impinges on the freedom of association and expression for civil society organisations;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Dragoş TUDORACHE, Fabienne KELLER

Motion for a resolution
Paragraph 16

16. Regrets the fact that the 2020 report fails to encompass fully the Article 2 TEU values of democracy and fundamental rights, including the rights of persons belonging to minorities and non- discrimination, including gender equality, sexual and reproductive rights and LGBTIQ rights, which are immediately affected when countries start backsliding on the rule of law;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Dragoş TUDORACHE, Fabienne KELLER

Motion for a resolution
Paragraph 18

18. Reiterates its insistence on the need for a single monitoring mechanism on democracy, the rule of law and fundamental rights, as proposed by Parliament in its resolution of 7 October 2020, to cover the full scope of Article 2 TEU values;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Fabienne KELLER

Motion for a resolution
Paragraph 19

~~19. Calls on the Member States to present annual reports on democracy, the rule of law and fundamental rights as part of the Union’s annual reporting mechanism;~~deleted

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Dragoş TUDORACHE, Fabienne KELLER

Motion for a resolution
Paragraph 20

20. Welcomes the Commission’s announcement of its strategy to strengthen the application of the Charter of Fundamental Rights~~; believes that such an annual review should provide input for a comprehensive monitoring mechanism and that its methodology, cycle and scope should therefore be aligned with the annual reports~~, as well as the Democracy Action Plan; believes that the presentation of these reports should be aligned and interlinked as part of a broader annual monitoring cycle on Article 2 TEU;

2021/04/26
Committee: LIBE

2021/2025(INI)

Anna Júlia DONÁTH, Moritz KÖRNER, Fabienne KELLER, Olivier CHASTEL, Hilde VAUTMANS, Jan-Christoph OETJEN, Sophia IN 'T VELD, Maite PAGAZAURTUNDÚA, Michal ŠIMEČKA

Motion for a resolution
Paragraph 20 a (new)

20 a. Regrets that the Commission did not consult stakeholders, including Parliament, on the development of the report’s methodology and preparation process, and that it didn't seek to obtain feedback on their workability; points out that this has made it more difficult for stakeholders, especially for civil society organisations, to prepare and plan their contributions as well as for the domestic awareness-raising activities they intend to pursue for the launch of the report;

2021/04/26
Committee: LIBE

2021/2025(INI)

Anna Júlia DONÁTH, Moritz KÖRNER, Fabienne KELLER, Olivier CHASTEL, Hilde VAUTMANS, Jan-Christoph OETJEN, Sophia IN 'T VELD, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Michal ŠIMEČKA

Motion for a resolution
Paragraph 22

22. Stresses that civil society are key partners to identify rule of law violations and promote democracy and fundamental rights in countries where Union values have been eroded; considers that shadow reporting would bolster the efficiency and transparency of the process; urges therefore the Commission to build on the good practice of the UN’s Universal Periodic Review process, and adapt the preparation process by requiring Member State contributions to be public and setting a deadline for public consultation well after the publication of all Member State contributions so as to enable effective shadow reporting;

2021/04/26
Committee: LIBE

2021/2025(INI)

Anna Júlia DONÁTH, Moritz KÖRNER, Fabienne KELLER, Olivier CHASTEL, Hilde VAUTMANS

Motion for a resolution
Paragraph 22 a (new)

22 a. Stresses that the consultation questionnaire should allow stakeholders to report elements beyond the scope followed by the Commission as these can help further assess the way power is exercised in a country and whether the constitutional setup provides efficient mechanisms to limits such exercise of power;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Dragoş TUDORACHE, Fabienne KELLER

Motion for a resolution
Paragraph 23 a (new)

23 a. Calls on the Commission to regularize the schedule pertaining to the annual report's production, including the deadline for stakeholders' submissions, to make the process predictable for all institutions and stakeholders; calls on the Commission to ensure sufficient time for the preparation of stakeholders' submissions;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Fabienne KELLER

Motion for a resolution
Paragraph 24

24. ~~Calls on~~Regrets that the Commission and the Council ~~to respond positively to~~have so far refused to engage with Parliament’'s call in its resolution of 7 October 2020 ~~for~~to establish, through an interinstitutional agreement, an EU mechanism on democracy, the rule of law and fundamental rights;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Dragoş TUDORACHE, Fabienne KELLER

Motion for a resolution
Paragraph 24 a (new)

24 a. Considers the existing institutional arrangement behind the annual report to fall short of the Parliament's expectations; expects the Commission to create a permanent interinstitutional Working Group as proposed by the Parliament in its resolution of 7 October 2020;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Dragoş TUDORACHE, Fabienne KELLER

Motion for a resolution
Paragraph 24 b (new)

24 b. Invites the Commission and the Council to enter without delay into negotiations with Parliament on an interinstitutional agreement in accordance with Article 295 TFEU; considers the proposal set out in the Annex to Parliament's resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights to constitute an appropriate basis for such negotiations;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Fabienne KELLER

Motion for a resolution
Paragraph 25

25. Strongly regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes that the Council’s hesitance to apply Article 7 ~~of the TEU effectively~~TEU is enabling continued divergence from the values provided for in Article 2 of the TEU; condemns the Council's reluctance to organize Article 7 TEU hearings under the pretext of the COVID-19 pandemic; calls for a reflection ats part of the Conference on the Future of Europe on a revision of the ~~Article 7 TEU procedure in order to realign the~~voting majorityies require~~ments of paragraphs 1 and 2 with a view to having super-majorities of four or five for both procedures~~d by Article 7 TEU in order to render its procedure more effective;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Dragoş TUDORACHE, Fabienne KELLER

Motion for a resolution
Paragraph 26

26. Reiterates that the annual report should serve as a basis for deciding whether to activate the procedure provided for in Article 7 of the TEU, whether to activate the Rule of Law Framework or whether to launch infringement procedures, including expedited procedures, applications for interim measures before the Court of Justice and actions regarding non-implementation of CJEU judgments concerning the protection of Union values; stresses that the report should be in any case accompanied by actionable recommendations, including deadlines for implementation;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Dragoş TUDORACHE, Fabienne KELLER

Motion for a resolution
Paragraph 27 a (new)

27 a. Calls for a strategic use of funding opportunities under the Regulation establishing the Rights and Values Programme in order to counteract threats to the rule of law identified in the annual report and more broadly support civil society organizations promoting the values listed in Article 2 TEU;

2021/04/26
Committee: LIBE

2021/2025(INI)

Michal ŠIMEČKA, Sophia IN 'T VELD, Moritz KÖRNER, Malik AZMANI, Maite PAGAZAURTUNDÚA, Ramona STRUGARIU, Hilde VAUTMANS, Anna Júlia DONÁTH, Olivier CHASTEL, Dragoş TUDORACHE, Fabienne KELLER

Motion for a resolution
Paragraph 28 a (new)

28 a. Stresses the importance of promoting the findings of the annual report at the national level; encourages the Commission to foster debate around the report in national parliaments and engage with civil society organizations in the follow-up to the report;

2021/04/26
Committee: LIBE

2021/0422(COD)

Lucia ĎURIŠ NICHOLSONOVÁ, Pascal DURAND, Anna Júlia DONÁTH

Proposal for a directive
Recital 14

(14) Sanctions for the offences should be effective, dissuasive and proportionate. To this end, minimum levels for the maximum term of imprisonment should be set for natural persons. A~~ccessory~~dditional sanctions ~~are often seen as being more effective than financial sancti~~for natural persons - especially for legal persons. Additional sanctions or measures should be therefore available in criminal proceedings. These should include the obligation to reinstate the environment, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual casesin the form of an obligation to reinstate the environment or finance its reinstatement within a reasonable timeframe, where such restoration is possible, or other forms of sanctions with financial consequences, such as fines - can have complementary, and sometimes even more important deterrent effect and therefore the use of such additional sanctions should be encouraged whenever possible.

2022/11/08
Committee: LIBE

2021/0422(COD)

Lucia ĎURIŠ NICHOLSONOVÁ, Pascal DURAND, Anna Júlia DONÁTH

Proposal for a directive
Recital 14 a (new)

(14 a) For legal persons, minimum level of fines should be established as a primary sanction. However, a combination with accessory sanctions is often seen as being more effective than financial sanctions alone. Additional sanctions or measures should be therefore available. These should include the obligation to reinstate the environment or finance its reinstatement, where such reinstatement is possible, within a reasonable timeframe, obligation to engage in or finance activities that contribute to the conservation of and/ or preservation of the environment, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases. However, given that the main victim of the offences referred to in this Directive is the environent as such, the use of sanctions that lead to the reinstatement of the environment should be encouraged whenever possible.

2022/11/08
Committee: LIBE

2021/0422(COD)

Proposal for a directive
Recital 30

(30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Member States should also ensure assistance, coordination and coperation at strategic and operational level between each other as well as with third countries. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF), in their respective areas of competence. The EPPO, with its own powers and authority to coordinate investigations and prosecutions in cross-border cases, is currently best placed to combat the most serious environmental crimes, therefore an extention of its mandate is imminently necessary and the Commission should present a report to this end, assessing the possibilities and modalities. The extension of the EPPO´s mandate would ensure that those environmental crimes for which reinforcement of the criminal law response is unlikely to be achieved through traditional channels of judicial cooperation, are adequately addressed.

2022/11/08
Committee: LIBE

2021/0422(COD)

Lucia ĎURIŠ NICHOLSONOVÁ, Pascal DURAND, Anna Júlia DONÁTH

Proposal for a directive
Article 9 – paragraph 1 – point a

(a) the offender re~~stores nature~~instates the environment to its previous condition, where such reinstatement is possible and where it has been carried out voluntarily and before the beginning of the criminal proceedings;

2022/11/08
Committee: LIBE

2021/0422(COD)

Proposal for a directive
Article 12 a (new)

Article 12 a National funds for preventing and combatting environmental crime and facilitation of environmental protection 1. Member States shall, within 9 months from the entry into force of this Directive, establish and maintain a national fund, or where relevant adjust such an existing fund, aimed at combatting environmental crime and facilitation of environmental protection, including, for example, through financing of: a) prevention measures, including but not limited to those referred to in Article 15; b) combatting environmental crime, more specifically, the national authorities that detect, investigate, prosecute or adjudicate environmental offences, including for the purposes referred to in Articles 16, 17, 18 and 19; c) facilitation of environmental protection, including financing rescue centers that take adequate care for confiscated live animals. 2. The fund shall be financed at least through: a) the criminal and non-criminal fines as referred to in Articles 5 and 7; b) the proceeds derived from and instrumentalities used or intended to be used in the commission or contribution to the commission of the offence that have been confiscated in accordance with Article 10 of this Directive; c) where the complete reinstatement of the environment is not possible, the cost of the residual damage, paid by the offender;

2022/11/08
Committee: LIBE

2021/0422(COD)

Lucia ĎURIŠ NICHOLSONOVÁ, Pascal DURAND, Anna Júlia DONÁTH

Proposal for a directive
Article 15 – paragraph 1

Member States shall take appropriate action, such as research and education programmes, including studies on the origin and motivation for committing environmental crimes as well as information and awareness- raising campaigns ~~and research and education programmes,~~, including on proactive law enforcement and anti-corruption measures, and targeting the general public, the private sector as well as national authorities with the aim to reduce overall number of environmental criminal offences, raise public awareness and reduce the risk of population of becoming a victim of an environmental criminal offence. Where appropriate, Member States shall act in cooperation with the relevant stakeholders, including experts, civil society organisations focused on environmental protection and competent authorities which detect, investigate, prosecute and adjudicate environmental criminal offences.

2022/11/08
Committee: LIBE

2021/0422(COD)

Proposal for a directive
Article 15 – paragraph 1 a (new)

Member States shall take the necessary measures to ensure that pending the investigation, prosecution or adjudication of the environmental offences referred to in Article 3 and 4, the competent authorities may adopt interim measures, including an environmental injunction, for immediate cessation of the illegal activity, if such an activity is still ongoing, in order to prevent further damages to the environment.

2022/11/08
Committee: LIBE

2021/0422(COD)

Proposal for a directive
Article 16 – paragraph 1

Member States shall ~~ensure that~~designate and regularly train a sufficient number of specialised staff within its national authorities which carry out inspections, detect, investigate, prosecute or adjudicate environmental offences ~~have a sufficient number of qualified staff and~~, including through the establishment of dedicated specialised departments or units, and ensure that these national authorities have sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. Member States shall assign specialised judicial authorities for the adjudication of environmental crimes, or alternatively, ensure, at least, that general criminal courts provide for specialised environmental chambers.

2022/11/08
Committee: LIBE

2021/0422(COD)

Proposal for a directive
Article 17 – paragraph 1

Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall request those responsible for the training of judges, prosecutors, police, judicial staff and competent authorities’ staff involved in criminal proceedings and investigations to provide at regular intervals specialised training ~~with respect to~~to ensure the effective achievement of the objectives of this Directive and appropriate to the functions of the involved staff and authorities. The specialised training shall also cover the practical use of investigative tools avialable to fight environmental crime, as referred to in Article 18 of this Directive, as well as effective cooperation between different competent authorities.

2022/11/08
Committee: LIBE

2021/0422(COD)

Proposal for a directive
Article 17 – paragraph 1 a (new)

Member States shall ensure that those responsible for these trainings have sufficient, stable and predictable finacing available for the regular organisation of the trainings.

2022/11/08
Committee: LIBE

2021/0422(COD)

Lucia ĎURIŠ NICHOLSONOVÁ, Pascal DURAND, Anna Júlia DONÁTH

Proposal for a directive
Article 17 – paragraph 1 b (new)

The Commission shall, within a reasonable timeframe, take the necessary measures to ensure that the online training for law enforcement authorities provided by the European Union Agency for Law Enforcement Training (CEPOL) is available in all official EU languages in order to allow for the maximisation of the number of recipients of the training.

2022/11/08
Committee: LIBE

2021/0422(COD)

Proposal for a directive
Article 19 – paragraph 1 a (new)

Member States shall ensure that, where relevant, their competent authorities that detect, investigate, procesute or adjudicate environmental offences referred to in Article 3 and 4, exchange information, consult and actively cooperate with relevant bodies at EU level, such as Europol and Eurojust, and including OLAF and EPPO to the extent relevant to their respective competences.

2022/11/08
Committee: LIBE

2021/0422(COD)

Lucia ĎURIŠ NICHOLSONOVÁ, Pascal DURAND, Anna Júlia DONÁTH

Proposal for a directive
Article 19 a (new)

Article 19 a Investigation of environmental crime at EU level The Commission shall, within 12 months from the entry into force of this Directive and pursuant to Article 86(4) TFEU, draw up a report on the possibility and modalities of the extension of competences of the EPPO to include serious cross-border environmental crimes and present it to the Council and the European Parliament.

2022/11/08
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 3

(3) Given that it is normally but not exclusively provided against remuneration, advertising, including political advertising, constitutes a service activity under Article 57 of the Treaty on the Functioning of the European Union (‘TFEU’). In Declaration No 22, regarding persons with a disability, annexed to the Treaty of Amsterdam, the Conference of the Representatives of the Governments of the Member States agreed that, in drawing up measures under Article 114 of the TFEU, the institutions of the Union are to take account of the needs of persons with disabilities.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 5

(5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisementad delivery techniques are frequently used. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed ~~in an objective, transparent and pluralistic way~~the freedom to hold opinions and to receive and impart information in an objective, transparent and pluralistic way. This Regulation also aims at protecting free and fair elections, at strengthening the resilience of democratic processes in the EU and at upholding the values on which the Union is founded, as provided for in Article 2 of the Treaty on the European Union.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 8

(8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing, promoting or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers, and requires complex compliance efforts and additional costs for relevant service providers.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 10

(10) A consistent and high level of transparency of political advertising throughout the Union should therefore be ensured when political advertising services are provided, while divergences hampering the free circulation of related services within the internal market should be prevented, by laying down uniform transparency and due diligence obligations for providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 11

(11) Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full harmonisation of the transparency and due diligence requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 14

(14) The Regulation should provide for harmonised transparency and due diligence requirement applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. Those rules should also apply to the sponsoring of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and a~~mplification~~d delivery techniques in the context of the publication, dissemination or promotion of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and amplification are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely prepared, placed or published by service providers established outside the Union but disseminated to individuals in the Union. This Regulation should also apply irrespectively of the place of establishment of the sponsor of the political advertising to determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including language, context, objective of the advertisement and its means of dissemination.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 16

(16) The definition of political advertising should include advertising sponsored, promoted, published or disseminated directly or indirectly by or sponsored, promoted, published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 17

(17) The sponsoring, promotion, publication or dissemination by other actors of a message that ~~is liable~~aims and is designed to influence the outcome of an election or referendum, ~~legislative or regulatory process~~ or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message ~~is liable~~aims and is designed to influence the outcome of an election or referendum, ~~a legislative or regulatory process~~ or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the identity of the sponsor, the objective of the message and the means by which the message is published or disseminated, the audience targeted and the objective of the message. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, ~~a legislative or regulatory process~~ or voting behaviour.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 21

(21) It is necessary to define political advertisement as an instance of political advertising sponsored, prepared, placed, promoted, published or disseminated by any mean. Advertisements include the means by which the advertising message is communicated, ~~including~~such as in print, by broadcast media or via an online platforms service.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 23

(23) The concept of political actors should also include EU institutions, Governments, including from regional and local levels and their respective authorities and bodies, with or without legal personality insofar as their communication can become highly politicized and be assimilated to political advertising. The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, national, regional or local level. Other political organisations should also be included in that definition.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 28

(28) Once an advertisement is indicated as being connected to political advertising, this should be clearly indicated to other service providers involved in the political advertising services. In addition, once an advertisement has been identified as political advertisement, its further dissemination should still comply with transparency and due diligence requirements. For instance, when sponsored content is shared organically, the advertising should still be labelled as political advertising.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 29

(29) The rules on transparency and due diligence laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally but not exclusively provided against remuneration, which may include a benefit in kind. The transparency requirements should not apply to content uploaded by a user of an online intermediary service, such as an online platform, and disseminated by the online intermediary service without consideration for the placement, publication or dissemination for the specific message, unless the user has been remunerated by a third party for the political advertisement.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 31

(31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. ~~Every~~Any restriction, condition, limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 33

(33) The preparation, placement, promotion, publication and dissemination of political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting criteria, the provision of data processed and used for the targeting of an advertisement, the provisions of ~~targeting~~ad delivery techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers. For instance, automated services can support matching the profile of the user of an interface with the advertising content provided, using personal data provided directly by the data subject or collected directly from the user of the service and from the users’ online conduct, as well as inferred data.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 47

(47) Personal data collected directly from individuals, or indirectly such as observed or inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data, in particular data considered sensitive under Regulation (EU) 2016/679 of the European Parliament and of the Council11 and Regulation (EU) 2018/1725 of the European Parliament and of the Council12 , different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. That has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to receive objective information, to form their opinion, to make political decisions and exercise their voting rights. This negatively impacts the democratic process. Additional restrictions and conditions compared to Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 should be provided. The conditions set out in this Regulation on the use of targeting and a~~mplification~~d delivery techniques involving the processing of personal data in the context of political advertising should be based on Article 16 TFEU. _________________ 11 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). 12 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).

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 48

(48) ~~Targeting and amplification~~Ad delivery techniques in the context of political advertising involving the processing of data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 should therefore be prohibited. The use of such techniques should only be allowed when carried out by the controller, or someone acting on its behalf, on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation, association or any other not- for-profit body with a political, philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. This should be accompanied by specific safeguards. Consent should be understood as consent within the meaning of Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. Therefore, it should not be possible to rely on the exceptions as laid down in Article 9(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2016/679 and Article 10(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2018/1725 respectively for using techniques targeting and amplification techniques to publish, promote or disseminate political advertising involving the processing of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and 10(1) of Regulation (EU) 2018/725.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 48 a (new)

(48 a) Targeting techniques in the context of political advertising that involve the processing of observed or inferred personal data should be prohibited. Targeting techniques in the context of political advertising that involve provided personal data should be limited to gender, age, the location, the languages spoken by the data subject.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 48 b (new)

(48 b) This prohibition shall not apply to internal communications from a political party to its members, as long as those communications are strictly limited to the members of the political parties and are based on personal data provided by the member.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 59 a (new)

(59 a) For oversight of Article 12 of this Regulation in case of very large online platforms and very large search engines the European Data Protection Board should be the competent authority.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 62 a (new)

(62 a) In the case of very large online platforms and very large online search engines the European Election Authority should have competence over breaches of this Regulation, except over Article 12.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 63

(63) Member States authorities, the European Data Protection Board and the European Election Authority should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or ~~financial~~other penalties. When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in Article 7 for the effective pursuit of the objectives of the present Regulation should be taken into account. Furthermore, they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, including by delaying the provision of information to interested entities, as well as, where relevant, whether the provider of political advertising services is active in several Member States. Financial or other penalties and administrative fines shall in each individual case be effective, proportionate and dissuasive, with due regard to the provision of sufficient and accessible procedural safeguards, and in particular to ensure that the political debate remains open and accessible.

2022/07/20
Committee: LIBE

2021/0381(COD)

Sandro GOZI, Dita CHARANZOVÁ, Jordi CAÑAS, Anna Júlia DONÁTH

Proposal for a regulation
Recital 70

(70) This Regulation is without prejudice to the rules laid down in particular by Directive 2000/31/EC, including the liability rules for intermediary service providers in Articles 12 to 15 of that Directive as modified by Regulation (EU) 2021/xxx [the Digital Services Act], Regulation (EU) 2021/xxx [the Digital Markets Act], ~~Directive 2002/58/EC and Regulation (EU) XXX [ePrivacy Regulation]~~, as well as Directive (EU) 2010/13, Directive 2000/31/EC, Directive 2002/58/EC, Directive 2005/29/EC, Directive 2011/83/EU, Directive 2006/114/EC, Directive 2006/123/EC and Regulation (EU) 2019/1150. This regulation complements and is without prejudice to the European data protection rules, in particular Regulation (ET) 2016/679, Regulation (EU) 2018/1725, Directive 2002/58/EC and Regulation (EU) XXX [ePrivacy Regulation]. None of the provisions in this Regulation can be applied or interpreted in such way as to diminish of limit the level of protection offered by the fundamental rights to private life and data protection as protected in the Charter of Fundamental Rights and in the Union law on data protection and privacy.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Recital 40

(40) The information to be included in the transparency notice should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement. The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisementPolitical advertising publishers should ensure that each political advertisement contains a clear indication of where the transparency notice could be easily retrieved. The presentation of the information may vary depending on the means used. The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in the advertisement - use could be made, for example, of a dedicated webpage link, a Quick Response code (or “QR code”), or equivalent clear and user-friendly technical measures. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities.

2022/09/19
Committee: IMCO

2021/0381(COD)

Sandro GOZI, Dita CHARANZOVÁ, Jordi CAÑAS, Anna Júlia DONÁTH

Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)

(c a) a statement on the cost of that individual advertising;

2022/07/20
Committee: LIBE

2021/0381(COD)

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

2 a. Political views and opinions expressed under the editorial responsibility of a service provider, in the programmes of audio and audiovisual media, or published in print or online media shall not be considered political advertising unless specific payment or other remuneration is provided for their preparation, placement, promotion, publication or dissemination.

2022/09/19
Committee: IMCO

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 1 a (new)

1 a. In case the political advertising publisher is a very large online platform or of a very large online search engine the European Data Protection Board may initiate proceedings if it suspects the infringement of the Article 12 of this Regulation.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 1 b (new)

1 b. The initiation of proceedings pursuant to paragraph 1a of this Article by the European Data Protection Board shall relieve the national data protection authority or authorities, or any competent authority where applicable, of its powers to supervise and enforce the obligations under this Regulation.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 1 c (new)

1 c. The national data protection authorities shall, without undue delay after being informed of initiation of the proceedings, transmit to the European Data Protection Board any information they hold about the infringement at stake.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 1 d (new)

1 d. In the exercise of its powers of investigation under this Regulation the European Data Protection Board may request the individual or joint support of any national data protection authority concerned by the suspected infringement, including the data protection authority of establishment.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 4

4. Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have the ~~power to request to access data, document~~following powers for the performance of their supervisory tasks: (a) the power to request data, information without undue delay from political actors, political advertising service providers, sponsors and publishers, as well as any other persons in relation of their profession may reasonably be aware of a suspected infringement of this Regulation; (b) the power to request a judicial authority of the relevant Member State to order, on-site inspections orf any ~~necessary information from providers of political advertising services f~~premises that those political advertising service providers, sponsors or publishers or other persons use for the purpose of their profession in order to examine, seize, take or obtain any evidence including copies of information relating to a suspected infringement; (c) the power to ask any member of staff or representative of political advertising service providers, sponsors or publishers or those per~~formance of their supervisory tasks.~~ sons to give a statement or provide an explanation in respect of any information relating to a suspected infringement; (d) the power to request any person in political advertising to provide their expertise relating to a suspected infringement; (e) the power to hold a hearing in relation to a suspected infringement in case it is necessary.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 5 – point c a (new)

(c a) impose a periodic administrative fines and financial penalties;

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 5 a (new)

5 a. Member States shall report annually to the Commission of the type of sanctions used and the amount of the administrative fines and financial penalties imposed under this subparagraph. The Commission shall summarise and evaluate these reports annually and also as part of the review process provided for in Article 18.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 8 a (new)

8 a. Where the provider of political advertising services is a very large online platform or a very large online search engine the European Election Authority may initiate proceedings if it suspects any infringement of this Regulation, except of Article 12.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 8 b (new)

8 b. The initiation of proceedings pursuant to paragraph 1a of this Article by the European Election Authority shall relieve the national authority or authorities, or any competent authority where applicable, of its powers to supervise and enforce the obligations under this Regulation.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 8 c (new)

8 c. The national authorities shall, without undue delay after being informed of initiation of the proceedings, transmit to the European Election Authority any information they hold about the infringement at stake.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 8 d (new)

8 d. In the exercise of its powers of investigation under this Regulation the European Election Authority may request the individual or joint support of any national authority concerned by the suspected infringement, including the authority of establishment.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 9

9. Contact points shall meet periodically at Union level in the framework of the European Cooperation Network on Elections jointly with the European Election Authority to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation.

2022/07/20
Committee: LIBE

2021/0381(COD)

Proposal for a regulation
Article 16 – paragraph 2

2. Sanctions shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules within twelve months of the entry into force of this Regulation and shall notify it, without delay, of any subsequent amendments affecting them.

2022/07/20
Committee: LIBE

2021/0381(COD)