1082 Amendments of Anna Júlia DONÁTH
Amendment 2 #
2023/2122(INI)
Draft opinion
Recital A (new)
Recital A (new)
A. Whereas non-governmental organisations (NGOs), which hereby refers to grassroots and community organisations, trade unions, activist groups, human rights defenders and all non-profit making civil society organisations (CSOs) independent of public institutions and commercial interests, are the backbone of civil space, the legal and political framework in which people and groups can meaningfully participate in the political, economic, social and cultural life of their societies, exercising the right to express views, the right to information, and the right to assemble, associate and engage in dialogue with one another and with authorities;
Amendment 3 #
2023/2122(INI)
Draft opinion
Recital B (new)
Recital B (new)
B. Whereas NGOs play a central role in democracy by exercising public oversight over political power as an essential component of a rule of law ecosystem of healthy democracies, articulating and relaying to policy makers the aspirations and interests present in society, engaging in advocacy and litigations, contributing to informed policy-making with their expertise and knowledge of what goes on at the ground and fostering active and responsible citizenship, thus promoting active public participation in the democratic process and governance, increasing transparency at Union and Member State level, and fostering public debate and pluralism in society;
Amendment 6 #
2023/2122(INI)
Draft opinion
Recital C (new)
Recital C (new)
C. Whereas NGOs are particularly active in bringing societal benefits with respect to citizen welfare, education, health, the fight against climate change, fight against social exclusion and discrimination, including the protection of women, LGBTIQ+ persons, persons with disabilities, minorities, migrants and refugees;
Amendment 7 #
2023/2122(INI)
Draft opinion
Recital D (new)
Recital D (new)
D. Whereas in certain Member States it is becoming more and more common that public authorities are outsourcing to NGOs public service missions in domains such as housing, health, education and asylum, which goes beyond a balanced cooperation of public authorities with NGOs that have a good experience working with and for the persons concerned and is not supported by sufficient additional resources;
Amendment 10 #
2023/2122(INI)
Draft opinion
Recital E (new)
Recital E (new)
E. Whereas the spread of the COVID- 19 pandemic has seen an unprecedented engagement of NGOs in providing solutions to the pandemic and providing support to people in vulnerable situations;
Amendment 12 #
2023/2122(INI)
Draft opinion
Recital F (new)
Recital F (new)
F. Whereas Russia’s invasion and war of aggression against Ukraine has also seen an extensive support and cooperation from NGOs towards the victims of war;
Amendment 13 #
2023/2122(INI)
Draft opinion
Recital G (new)
Recital G (new)
G. Whereas, to this end, it is crucial that NGOs benefit from an environment that allows them to thrive throughout the Union;
Amendment 14 #
2023/2122(INI)
Draft opinion
Recital H (new)
Recital H (new)
H. Whereas several state and civil actors have been raising the alarm of third country influence on EU institutions, policies and policy makers and calling for effective legislation on a number of areas to counter this threat for more than a decade;
Amendment 15 #
2023/2122(INI)
Draft opinion
Recital I (new)
Recital I (new)
I. Whereas in recent years the disclosed covert interference in referendums and elections, cyber-attacks on candidates, parties, journalists, activists and the fabrication of false narratives, combined with the increased use of social media to sow distrust and nurture discontent, led to initiatives aiming at reaching complete transparency of interest representatives and their financial capabilities at an EU level and in Member States, which also targets NGOs, including the current Transparency Register;
Amendment 16 #
2023/2122(INI)
Draft opinion
Recital J (new)
Recital J (new)
J. Whereas the deplorable events related to the corruption cases referred to as “Qatargate” and "Moroccogate” exacerbated a general public outcry against NGOs due to the involvement of certain NGOs in the scandals;
Amendment 17 #
2023/2122(INI)
Draft opinion
Recital K (new)
Recital K (new)
K. Whereas, some governments tend to use these accusations and general distrust as a good pretext for restrictions against NGOs, and, as a result, restrictions of civic space have been reported by NGOs throughout the Union, related to the regulatory environment under which they operate and to (changes in) legislation that affect their work, finances and funding, and their right to participation with increasing difficulties in accessing decision-makers and contributing to policymaking and legislation;
Amendment 18 #
2023/2122(INI)
Draft opinion
Recital L (new)
Recital L (new)
L. Whereas these restrictions usually target partly or wholly foreign funded NGOs, treating under the same umbrella those receiving funding from the United States, the United Kingdom or Switzerland and those receiving funding from Russia or China, causing them to face an unsafe environment with increasingly worrying attacks and harassment, including legislation and negative discourse aimed at delegitimising and stigmatising NGOs, especially in Member States with ongoing Rule of Law issues, where foreign funded NGOs are often the only ones with sufficient financial independence to be a critical voice;
Amendment 19 #
2023/2122(INI)
Draft opinion
Recital M (new)
Recital M (new)
M. Whereas at the international level restrictive legislation and negative discourse may bring about the risk of reciprocity, thus preventing the EU from criticising attempts by third countries to clamp down on pro-democracy organisations and activists, since NGOs in third countries receiving EU funds would be specifically targeted by third country governments, which is particularly worrisome taken into account the activities which these NGOs carry out in these third countries where democracy and rule of law is flawed;
Amendment 23 #
2023/2122(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the crucial role played by grassNGOs in promotsing and community organisations, trade unions, activist groups, human rights defenders and non- governmental organisations (NGOs) in promoting and upholding democracy, equality, the rule of law and fundamental rights and in ensuring accountability for state and private acupholding democracy, equality, the rule of law and fundamental rights, in ensuring accountability for state and private actions as well as in developing social economy by providing societal benefits for the most vulnerable groups, including women, LGBTIQ+ persons, persons with disabilities, minorities, migrants and refugees, thus strengthening the single market and the wellbeing of the populations;
Amendment 36 #
2023/2122(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that civil society is a broader category than that of NGOs; notes that while NGOs are, on the one hand, a favoured institutional form of the neoliberal state and therefore rarely truly oppositional, on the other hand many resist instrumentalisation and expose the excesses of state and private interests; stresses, therefore, that they must be protected, including through the provision of adequate funding, including foreign funding; notes that it is short-sighted to treat NGOs as a singular bloc with a singular policy outlook and considers it regretful that the Commission still has not put forward a legislative package creating a definition of common standards for NGOs which would enable coherent judicial review at Union level and lay down the foundations for potential future case law strengthening Union-wide standards and protecting fundamental rights which are an essential part of Union law;
Amendment 51 #
2023/2122(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Remains deeply concerned by threats to and attacks on NGOs in Member StatHighlights that it is short-sighted to treat NGOs as a singular bloc with a singular policy outlook, given that civil society spans from low-key community activities, such as sports clubs, church groups, to large NGOs that provide key services to high-profile advocacy and litigation organizations that speak out on certain issues;
Amendment 70 #
2023/2122(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States and the EU to improve the legal environment for civil society by ensuring that any measure restricting the right of associations to seek, secure and use resourcesCommission and the Member States that NGOs must be protected, including through the provision of adequate funding, including EU and foreign resources, must pursue one of the legitimate aims under Article 11(2) of the European Convention on Human Rightsfunding; by facilitating NGOs’ access to such funding;
Amendment 84 #
2023/2122(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that transparency and accountability measures must only serve the purpose of ensuring legitimate public scrutiny; stresStresses the necessity of approaching with caution the different transparency requirements that should be placed on NGOs to which grants are awarded directly by the Commission or European Union executive agencies under direct management, as well as on thoses that reporting requirements for NGOs must remain strictly necessary and proportionate to the specific aims pursuedo which grants are awarded under indirect management by intermediate bodies such as Member State agencies and United Nations (UN) agencies receiving EU grants transferred to them by the Commission;
Amendment 99 #
2023/2122(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. BelievStresses that current EU instruments are likely suintroducing uniform legislation aiming at making more difficienult for achievNGOs in general to receive funding pfroportionate transparency goals concerning NGO fundingm the EU in the hope that it will increase transparency and accountability, contribute to minimizing third-country influence and protecting sovereignty not only goes against established international conventions and commitments, but such generalised measures will not reach their goals either;
Amendment 118 #
2023/2122(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Warns emphatically against the weaponisation of the concept of ‘foreign interference’ and emphasises that this can be and is being used by governments to repress civil society and NGOs.Underlines that transparency and accountability are two of the guiding budgetary principles of the European Union, enshrined notably in the Financial Regulation, and transparency and accountability measures must only serve the purpose of ensuring legitimate public scrutiny; stresses that reporting requirements for NGOs must remain strictly necessary and proportionate to the specific aims pursued and the size of the organisation;
Amendment 125 #
2023/2122(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that transparency and accountability requirements apply to all European Union institutions and Member States, including public authorities, private and corporate entities, in addition to NGOs, therefore these requirements should be adequately enforced throughout the EU with disproportionately and adversely affecting NGOs as scapegoats;
Amendment 128 #
2023/2122(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Remains deeply concerned by threats to and attacks on NGOs in certain Member States and at the EU level; recalls that the rules on transparency of funding in general, identically to the rules in the field of taxation and the fight against money laundering, must not be abused to obstruct activities of NGOs and create a chilling effect affecting their members and donors;
Amendment 129 #
2023/2122(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Warns emphatically against the weaponisation of the concept of ‘foreign interference’ and emphasises that this can be and is being used by governments to repress civil society and NGOs;
Amendment 130 #
2023/2122(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Deplores the recent oversimplification by which those NGOs have been deliberately portrayed in a negative light and targeted for further restrictions which receive substantial co- funding from the EU budget and are predominantly financed by non-European States, networks or foundations and which deliver research that regularly negatively impacts European industry and transport providers, as such negative campaign may be attributed to the lobby promoting the interests of European industry giants disregarding green policy and environmental concerns;
Amendment 131 #
2023/2122(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7 e. Believes that current EU instruments involving the European Parliament, the Commission and the NGO sector with added independent third- party verification of compliance are likely sufficient with minor adjustments for achieving proportionate transparency goals concerning NGO funding, and introducing new burdensome transparency and accountability rules against NGOs under the pretext of the public outrage against corruption and foreign interference should be avoided;
Amendment 132 #
2023/2122(INI)
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
7 f. Shares the view that the contracted EU funds be tracked up to the final beneficiaries in a systematic, standardised and harmonised manner across information and transparency platforms at EU level with a view to preventing and fighting against fraud and ensuring that EU funds are not used against democratic principles and values of the EU;
Amendment 133 #
2023/2122(INI)
Draft opinion
Paragraph 7 g (new)
Paragraph 7 g (new)
7 g. Appreciates that the Commission ensures that all applicants or beneficiaries of EU funding, including NGOs, are required to publish annually the number, amounts and nature of lobbying contacts they have, and welcomes that a growing number of EU-funded NGOs publish online their pursued interests and financial data in compliance with the applicable regulations adding that a more proactive approach from NGOs to public transparency would be expected that goes beyond the minimal existing requirements for EU grant funding;
Amendment 134 #
2023/2122(INI)
Draft opinion
Paragraph 7 h (new)
Paragraph 7 h (new)
7 h. Welcomes that the Commission provides effective enforcement of the existing transparency and accountability rules, and calls on Member States and the EU to improve the legal environment for civil society by ensuring that any measure restricting the right of associations to seek, secure and use resources, including foreign resources, must pursue one of the legitimate aims under Article 11(2) of the European Convention on Human Rights, as well as appropriate legal remedies must be provided for the NGOs in case of any restrictions;
Amendment 135 #
2023/2122(INI)
Draft opinion
Paragraph 7 i (new)
Paragraph 7 i (new)
7 i. Welcomes that the Commission provides adjustments to the Financial Regulation by including in the Financial Transparency System the details of EU grants awarded to NGOs under indirect management, reducing the time between the award of grants and publication in it and requiring systematic publication by EU-funded NGOs of details of funding received from the EU and other sources over a five-year period;
Amendment 136 #
2023/2122(INI)
Draft opinion
Paragraph 7 j (new)
Paragraph 7 j (new)
7 j. Calls on the Commission to continue its work on streamlining databases and ensuring that the Financial Transparency System becomes more user- friendly; stresses that all types or subtypes of beneficiaries, including for profit corporate entities or consultancies, should be searchable as a category in the register, not only NGOs;
Amendment 137 #
2023/2122(INI)
Draft opinion
Paragraph 7 k (new)
Paragraph 7 k (new)
7 k. Recalls that circumvention of transparency and accountability requirements cannot be prevented or remedied by creating new, burdensome rules on transparency and accountability, such as setting up a single, interoperable IT system for data mining and risk scoring including recipients’ data and beneficial owners’ data, income, amount spent on lobbying, or conducting comprehensive financial pre-screening of NGOs before they are listed in the Transparency Register, or developing a centralised certification system for NGOs wishing to apply for EU funding, which create further legal and administrative obstacles and may hinder smaller NGOs from receiving EU or foreign funds;
Amendment 138 #
2023/2122(INI)
Draft opinion
Paragraph 7 l (new)
Paragraph 7 l (new)
7 l. Stresses that top-down national regulation involves the risk of politically driven control of NGOs, therefore a careful approach should be applied in considering an introduction of the obligation for NGOs to disclose their sources of funding and their internal structures in national lobby registries;
Amendment 139 #
2023/2122(INI)
Draft opinion
Paragraph 7 m (new)
Paragraph 7 m (new)
7 m. Appreciates that the Commission enhances the access status for the European Anti-Fraud Office (OLAF) in order to obtain information on the financial misconduct of individual NGOs, investigate them and impose appropriate sanctions in the event of fraud, corruption and other irregularities related to EU funds in compliance with the applicable regulations;
Amendment 50 #
2023/2113(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates that an independent judiciary is the backbone of the rule of law, as it is a precondition for an effective remedy when laws, rights and freedoms, democratic principles are withheld or violated; underlines that an independent and effective judiciary is vital for not only to maintain the rule of law and democracy in the Member States and in the Union, but it is key to the implementation of EU law, given that the Commission relies on the national judicial authorities to enforce EU law; expresses its concern that this ‘presumption of compliance’ becomes the ‘pretence of compliance’ when the Commission ignores national judicial authorities’ shortcomings; notes with concern that while some judicial systems may belook robust and satisfactory on paper, in some cases they are not immune to state capture, political interference or nepotism; is aware of the fact that this is difficult to detect by simply assessing the formal structures; therefore urges the Commission to conduct a more qualitative analysis, including contextual elements particularly about the long term implementation;
Amendment 70 #
2023/2113(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the Commission finds that whereas certain Member States, including Finland, Austria, Slovenia, Cyprus, Sweden and Hungary, have taken or announced initiatives to improve judicial appointment processes and high courts’ functioning, considers that challenges still persist in appointing high-level judges in Malta, Greece, Hungary, Lithuania, Latvia, and Ireland; highlights that serious concerns persist in Hungary concerning the position of the President of the Kúria, highlights that serious concerns persist in Poland regarding previously appointed Supreme Court judges, including its First President, and regarding the continuous non-implementation of a CJEU preliminary ruling on a judicial appointment to the Chamber of Extraordinary Control; notes that the Commission finds that in Slovakia the crime of abuse of law introduced for judges as regards their judicial decisions continues to raise concerns, as it has a negative psychological impact on judges and is burdensome for the investigatory authorities;
Amendment 78 #
2023/2113(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates that corruption is a serious threat to the rule of law and severely undermines trust in democracy and equality before the law; calls on the Member States and the Commission to do much more to eradicate corruption;
Amendment 85 #
2023/2113(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that Member State government and EU officials should set an example by refraining from any corrupt practices and that there should be no government or political interference in corruption investigations; points out that EU officials as well may be involved in corruption, as demonstrated by ‘Qatargate’, therefore reiterates its demand for the annual report to also cover the EU institutions; reiterates its call on the Commission to finalise negotiations on EU’s full membership in GRECO as soon as possible;
Amendment 109 #
2023/2113(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights that checks and balances can only function when constitutional courts, ombudspersons, national human rights institutions, audit offices, equality bodies and all other independent authorities are able to function and have sufficiently broad mandates, independence, integrity and adequate funding;
Amendment 122 #
2023/2113(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the importance ofConsiders that transparency of media ownership is the basic minimum to preserve media pluralism; notes that the Commission finds that since the 2022 Rule of Law report new legislation increasing the transparency of media ownership or improving public availability of media ownership information has been adopted in Greece, Luxembourg, Sweden and that such legislation has been strengthened in Cyprus, while in Bulgaria, Czechia and France change remains pending; notes as well that the Commission finds that media regulators are protected by insufficient safeguards against undue political influence and that the authorities lack resources, particularly in Hungary, Slovenia, Poland, Greece and Romania;
Amendment 131 #
2023/2113(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of the editorial independence of public service media and the duty of all Member States to respect this; while it is continuously ignored in several Member States, particularly in Hungary and Poland;
Amendment 168 #
2023/2113(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Acknowledges the crucial role civil society and a healthy civic space play in upholding and protecting the rule of law, and reiterates its call for a separate chapter to be dedicated to the condition of civil society in Member States; notes that the Commission finds that Malta, Ireland, Bulgaria, Lithuania and Germany have announced or initiated efforts to improve the framework for civil society, and finds that civil society faces particular challenges in Cyprus, Greece, Spain, Italy and France, and continued Russian-type serious systemic restrictions in Hungary and Poland; calls on all Member States to accept civil society organisations (CSOs) as important stakeholders in democratic life and to create an enabling environment for civil society;
Amendment 4 #
2023/2108(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the UN Convention against Corruption,
Amendment 10 #
2023/2108(INI)
Motion for a resolution
Recital B
Recital B
B. whereas victims of corporate abuse often face multiple and overlapping obstacles to accessing remedies and these obstacles are even more severe for vulnerable or marginalised persons or groups; whereas impunity for human rights abuses by transnational corporations remains largely unaddressed in the absence of a robust and comprehensive regulatory framework and alignment at global and regional level;
Amendment 13 #
2023/2108(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas, in recent years, the EU has initiated a number of legislative measures aimed at regulating business activities to protect human rights and to establish environmental and climate- related obligations, such as the Corporate Sustainability Due Diligence Directive, the Regulation banning products made with Forced Labour, the Regulation on Deforestation Free Products, the Conflict Minerals Regulation or the Critical Raw Materials Act;
Amendment 17 #
2023/2108(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the position of the EU and the Member States has marginally evolved in relation to the work of the OEIGWG; whereas, in the absence of a negotiating mandate, the EU representative only participated in the OEIGWG’s sessions as an observer and only contributed general statements;
Amendment 30 #
2023/2108(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the overall level of enjoyment of human rights worldwide is inevitably contingent, among others, on the behaviour of corporations, given the current scale of globalisation and the internationalisation of business activities and value chains;
Amendment 41 #
2023/2108(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes, with concern, that many procedural, substantive and practical barriers persist regarding access to justice for victims, including difficulties in identifying the competent court, barriers related to jurisdictional standards, short statutory limitation periods, excessive evidentiary burdens, limited liability owing to the corporate veil, access to legal representation and information, as well as other inequalities between claimants and defendants; emphasises that vulnerable or marginalised persons or groups, who may need additional attention in the context of stakeholder engagement activities, are facing heightened barriers to benefit equitably from compensation payments or other forms of restitution;
Amendment 47 #
2023/2108(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Chair of the OEIGWG and the UN member states to ensure that the negotiations are conducted in a transparent manner, with meaningful engagement with all stakeholders, including civil society, labour unions and the private sector with due attention to vulnerable stakeholders; insists, moreover, on the importance of ensuring active engagement from all regions, with a view to developing an effective instrument that reflects the global diversity of the legal, economic, cultural and political realities affecting human rights and that draws on best practices implemented at domestic and regional level; encourages regional human rights and economic organisations as well as officials to help facilitate this universal engagement;
Amendment 49 #
2023/2108(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the EU has a Treaty- based commitment to promote human rights worldwide and UN multilateral solutions to common problems, which has yet to be reflected in its participation in the OEIGWG with a negotiating mandate;
Amendment 53 #
2023/2108(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underscores that the latest normative developments at EU level on business and human rights have scarcare important initial steps but have not adequately addressed access to justice and victims’ rights, which lie at the centre of the LBI as a core human rights treaty; stresses, in this regard, the complementary nature, objectives and scope of both normative tracks, which will operate at different levels;
Amendment 56 #
2023/2108(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the EU should actively engage in the ongoing negotiations, in particular to further develop the draft LBI, while focusing on victims of business-related abuses, dismantling barriers to justice and effective remedy, and enhancing cooperation by drawing on international perspectives and best practices; considers that this engagement would ultimately contribute to securing better implementation and enforcement of human rights internationally, while equally contributing to an international level playing field and delivering a global instrument that is both widely supported and ratified among states across all regions, including but not limited to the European Union, and that remains relevant in the face of constantly evolving business- related threats to human rights;
Amendment 60 #
2023/2108(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the Council’s commitment that the EU will strengthen its engagement and actively participate in the OEIGWG; considers, however, that the only meaningful and tangible way to enact this stated commitment is by adopting an EU mandate for negotiations; urges, therefore, the Commission to recommend that the Council adopt an ambitious mandate for negotiations as soon as possible so that the EU is able to actively participate in the negotiations with a view to shaping the future LBI, which is already at an advanced stage;
Amendment 66 #
2023/2108(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission, the European External Action Service and the Member States to engage proactively with all partner states and prioritisinclude the topic in their dialogues with non-EU countries and regional organisations;
Amendment 70 #
2023/2108(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Supports a broad scope for the LBI, which aims to cover all business enterprises, including transnational business activities and state-owned enterprises and which allows for differentiation so that obligations are commensurate with enterprise size, sector, operational context and the severity of impacts on human rights; considers that allowing states parties the flexibility to differentiate, under their domestic legislation, how business enterprises discharge the prevention obligations under the LBI, would provide important leeway for national adaptation and would be consistent with the universal scope of the UNGPs;
Amendment 79 #
2023/2108(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Regrets the fact that several references to the environment and climate change were removed from the scope of the LBI in the latest draft; considers that the EU and the Member States should strive for the environmental and climate impact of business activities to be included within the scope of the LBI in line with EU legislation;
Amendment 81 #
2023/2108(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
Amendment 87 #
2023/2108(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that the obligation for companies to undertake regular human rights impact assessments prior to and throughout operations, and to take into account the needs of those at heightened risk, constitute particularly important elements for the LBI prevention framework, including by integrating a gender perspective, but also by taking into account issues concerning groups at risk of vulnerability or marginalisation, including indigenous peoples;
Amendment 89 #
2023/2108(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for the LBI to provide a central role to affected stakeholders, in particular through the obligation to promote the active and meaningful participation of relevant stakeholders, including trade unions, non-governmental organisations, indigenous peoples and community-based organisations, as well as the private sector, in the implementation of legislation, policies and other measures with special attention to the access to justice and remedies;
Amendment 91 #
2023/2108(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Calls for the LBI to provide a definition for active and meaningful participation of relevant stakeholders, including requirements for interactive processes of engagement conducted in good faith, on an ongoing basis, with proper follow-through, involving the identification and removal of potential barriers to engagement, and ensuring the safe participation of stakeholders without fear of reprisal;
Amendment 93 #
2023/2108(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Emphasises the need to ensure that states implement robust and effective, yet practical enforcement and compliance monitoring mechanisms; insists, furthermore, on the need for regular and in- depth reporting to be required from corporations and states parties; is concerned about the risks of forum- shopping and its impact on a level playing field, particularly in the context of the EU, urges EU level instruments to mitigate these risks including a monitoring mechanism through the European Semester for policy coordination;
Amendment 96 #
2023/2108(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Expects the EU and the Member States to promote robust provisions on access to justice, including access to state- based judicial remedy, within the LBI, in line with their commitment to protect victims, fight impunity and to upholding the UNGPs;
Amendment 104 #
2023/2108(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Insists that the LBI should address the practical and procedural obstacles faced by victims of corporate abuse when seeking justice with due attention to vulnerable or marginalized persons or groups;
Amendment 1 #
2023/2066(INI)
Motion for a resolution
Citation -1 (new)
Citation -1 (new)
– having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 14, 24, 32 and 33,
Amendment 2 #
2023/2066(INI)
Motion for a resolution
Citation -1 a (new)
Citation -1 a (new)
-a having regard to the European Pillar of Social Rights (EPSR) and its Action Plan1a, _________________ 1a COM(2021) 102 final
Amendment 3 #
2023/2066(INI)
Motion for a resolution
Citation -1 b (new)
Citation -1 b (new)
-b having regard to the Sustainable Development Goals (SDGs) of the 2030 Agenda for Sustainable Development adopted in New York in September 2015,
Amendment 7 #
2023/2066(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to the United Nations resolution of 18 December 2019 on the rights of the child,
Amendment 9 #
2023/2066(INI)
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
– having regard to Directive (EU) 2019/1158 on work-life balance for parents and carers,
Amendment 13 #
2023/2066(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the Council Recommendation of 22 May 2019 on high-quality early childhood education and care systems,
Amendment 14 #
2023/2066(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
– having regard to the Council Recommendation of 8 December 2022 on early childhood education and care: the Barcelona targets for 2030,
Amendment 15 #
2023/2066(INI)
Motion for a resolution
Citation 3 c (new)
Citation 3 c (new)
– having regard to the Council Recommendation of 8 December 2022 on access to affordable, high-quality long- term care,
Amendment 18 #
2023/2066(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the European Parliament resolution of 29 April 2021 on the European Child Guarantee,
Amendment 31 #
2023/2066(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to the Commission communication of 7 June 2023 entitled 'a comprehensive approach to mental health',
Amendment 49 #
2023/2066(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas 24.74% of children in the European Union were at risk of poverty or social exclusion in 2022, an increase compared to the two previous years; whereas the phenomenon of child poverty affects all Member States of the European Union;
Amendment 50 #
2023/2066(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas each child is unique; whereas an in-depth knowledge of each child's development enables recognition of and respect for their particularities, pace of development, areas of interest and needs;
Amendment 51 #
2023/2066(INI)
-Ab. whereas the first years of children's lives are crucial to their physical, mental, cognitive, social and emotional development and to their lifelong fulfilment; whereas children's experiences influence their ability to adapt, to integrate into society and to cope with adverse conditions in adulthood;
Amendment 52 #
2023/2066(INI)
Motion for a resolution
Recital -A c (new)
Recital -A c (new)
-Ac. whereas preventing inequalities is the best policy for reducing inequalities in the long term; whereas inequalities have a high economic cost for societies, particularly in terms of social protection expenditure;
Amendment 57 #
2023/2066(INI)
Motion for a resolution
Recital A
Recital A
A. whereas child poverty is a multidimensional phenomenon stemming from household poverty, meaning that low- income families, single-parent families – mostly made up of women and their children – and large families are at greater risk of poverty; whereas this phenomenon requires a multidimensional response, which necessarily includes improving employment and job security, guaranteeing and enforcing rights, increasing income and are more likely to transmit this risk of poverty over several generations; whereas this phenomenon requires a multidimensional response to prevent inequalities from mutually reinforcing each other; whereas this multidimensional response necessarily includes improving employment and job security, guaranteeing and enforcing rights, anti-discrimination measures, increasing income, especially in underpaid and undervalued sectors, and ensuring universal and affordable access to quality public services;
Amendment 63 #
2023/2066(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas effective public policies to reduce inequalities are based on interventions on lifestyle and access to social, health and education services; whereas effective social policies that increase people's ability to participate in the labour market and society are an investment in inclusive societies, not a cost;
Amendment 69 #
2023/2066(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas, under the UN Convention on the Rights of the Child (UNCRC), all children should be guaranteed the right to education, health care services, housing, protection, participation in decisions that affect them, leisure and free time, a balanced diet and the receipt of care in their family environment;
Amendment 87 #
2023/2066(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the European Pillar of Social Rights Action Plan, adopted in 2021, aims to reduce the number of children at risk of poverty and social exclusion by at least 5 million by 2030; whereas Member States have adopted national poverty reduction targets; whereas even if this target were achieved around 15 million children in the EU would still be at risk of poverty and social exclusion;
Amendment 92 #
2023/2066(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the Council Recommendation establishing a European Child Guarantee represents a major opportunity to reduce inequalities and promote the social inclusion of children and that, by adopting the Recommendation, the EU Member States have demonstrated their commitment to an integrated policy aimed at breaking the vicious circle of poverty;
Amendment 97 #
2023/2066(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the European Child Guarantee stresses the urgent need to guarantee access to essential social services for children in vulnerable situations (quality early childhood education and care, education and school-based activities, healthcare, healthy nutrition and adequate housing);
Amendment 101 #
2023/2066(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas the European Child Guarantee has identified the following groups in vulnerable situations which should be targeted as a priority: homeless children or children experiencing severe housing deprivation; children with disabilities; children with mental heath issues; children with a migrant background or minority ethnic origin, particularly Roma; children in alternative, especially institutional, care; children in precarious family situations;
Amendment 116 #
2023/2066(INI)
Motion for a resolution
Recital C
Recital C
C. whereas quality and inclusive childcare and pre-school education may play a significant role in compensating for the socio-economic status of children at risk of poverty and foster the integration of parents, especially mothers, into the labour market; whereas these services not only promote gender equality in access to employment, but also help to achieve the objective of full employment;
Amendment 121 #
2023/2066(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas access to high-quality early childhood education and care services is essential to ensure equal educational opportunities for children from disadvantaged backgrounds, such as children with disabilities or with special educational needs, and to prevent the placement of children in institutions; whereas such services must have adequate financial and human resources to identify and support children experiencing particular difficulties;
Amendment 132 #
2023/2066(INI)
Motion for a resolution
Recital D
Recital D
D. whereas even in countries where the right to health is enshrined in law, many children do not have access, or timely access, to adequate healthcare and some have extremely limited access to services other than emergency services, putting at risk the health of women during pregnancy and childbirth, as well as the health of babies and children;
Amendment 133 #
2023/2066(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas families experience multiple and interdependent challenges that no single service or organisation can resolve; whereas continuity of services as well as proper inter-service coordination is essential to prepare and facilitate the transitions that children will face; whereas we must place children at the heart of our approach and consider them as part of a continuum of integrated services that goes beyond the missions of the various organisations that mark their pathway;
Amendment 160 #
2023/2066(INI)
Motion for a resolution
Recital F
Recital F
F. whereas playing and recreational activities gives children the opportunity to express themselves in a symbolic way, enable them to take an active part in learning and forms an essential basis of the way they thinkir cognitive development;
Amendment 170 #
2023/2066(INI)
Motion for a resolution
Recital G
Recital G
Amendment 175 #
2023/2066(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the routines that punctuate children's days provide opportunities for active learning, enabling children to develop functional autonomy and acquire healthy lifestyle habits;
Amendment 178 #
2023/2066(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the ongoing crises such as the energy, cost of living and climate crises, are exacerbating inequalities and vulnerabilities among families; whereas socio-economic status should never be a barrier to children's access to essential services; whereas increased support is needed to ensure that children and families have access to essential services;
Amendment 181 #
2023/2066(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas the COVID-19 pandemic and its long-term impact have worsened the difficulties faced by children, particularly those in vulnerable situations, due to the disruption of daily life and social contacts, the closure of schools, the reduced capacity to provide protection from domestic violence, abuse and neglect during lockdown and the disruption of basic social services;
Amendment 183 #
2023/2066(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
Gd. whereas adverse childhood experiences, discrimination, inadequate access to services and unstable environments are some of the main causes of mental health problems developing in early childhood; whereas families at risk may have limited access to mental health services due to financial barriers, stigma, or availability;
Amendment 188 #
2023/2066(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. (Title) Investing in reducing inequalities and in children to ensure inclusive societies
Amendment 192 #
2023/2066(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Member States to increase public investment in universaltargeted public policies that have a direct and indirect impact on children’s lives and their fulfilment, by guaranteeing high- quality and affordable public services (especially early childhood education and care, care, education, health, housing, cultural and leisure activities), to promote the creation of work with rights based on robust collective bargaining and recruitment with decent and fair wages, to facilitate a work-life balance by, inter alia, reducing working ho; stresses that specific awareness-raising measures and providing for maternity and paternity leave, and to bolster mechanisms for ensuring the participation ofre needed to ensure that children andin their families in the development, implement most vulnerable situations and monitoring of these policiestheir families are included;
Amendment 201 #
2023/2066(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States to promote the creation of work with rights based on robust collective bargaining, decent and fair wages, to respond to labour shortages in the social sector by improving the attractiveness of these professions with the facilitation of work- life balance and the allowance of flexible working hours as well as providing for adequate maternity and paternity leave;
Amendment 207 #
2023/2066(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the importance to bolster at every level mechanisms for ensuring the meaningful, safe and inclusive participation of children, families and carers, particularly those in vulnerable situations, in the development, implementation, monitoring and assessment of public policies on children;
Amendment 213 #
2023/2066(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that the governments of the Member States are moving away from universal policies and increasingly promoting policies based on the liberalisation of services and instruments whose availability depends on the resources of the beneficiaries; stresses that universalStresses that targeted, integrated, and long-term policies offer better protection against the multiple causes of poverty, inequalities, and social exclusion, by providing structural responses to strengthen the resilience and autonomy of families and meet the needs of their children and that can, if necessary, be supplemented by immediate, individualised one-off support measures for families in vulnerable situations;
Amendment 222 #
2023/2066(INI)
3. Calls on the Commission to refrain from recommending reforms that lead to cuts in and the weakening of public administration in the Member States, aimed at, as part of the European Semester and country- specific recommendations, to recommend reforms to promotinge the relaxaduction of employment relationships and the privatisation of public services, which have led to the weakening and, in some cases, the undermining of the social and labour rights of children and their families; deplores the recent statements by the President of the ECB, who criticised the investments by national governments in social responses aimed at addressing the increased cost of livinginequalities, in particular by investing in new generations, strengthening quality public services, and the protection of social rights of children and their families; further calls on the Commission to monitor developments in child poverty indicators as part of the European Semester;
Amendment 226 #
2023/2066(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the importance of a multi- sectoral approach in which all relevant stakeholders work in partnership to develop an integrated strategy to tackle inequalities in childhood with the provision of child protection and family welfare services; highlights that some children and their families may need special support, for example from speech therapists, ophthalmologists, psychologists, occupational therapists and nutritionists; calls on the Member States to establish partnerships between education, health and social services to facilitate access to care and support for children who need it;
Amendment 229 #
2023/2066(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses the need to improve the quality of early childhood education and care services; believes that the quality of early childhood services can be improved through adequate financial and human resources, appropriate pedagogical training of staff with expert knowledge of child psychology, improved alert systems and measures for evaluation and continuous improvement of pedagogical quality to ensure the overall development of children;
Amendment 232 #
2023/2066(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. (Title) Promoting social inclusion of children and their families
Amendment 236 #
2023/2066(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to make the widest possible use of the European Child Guarantee as a social response facilitating the social integration and inclusion of children suffering from poverty and social exclusion, particularly for identified target groups and the most remote areas;
Amendment 238 #
2023/2066(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reiterates its request to those Member States which have not yet published their National Action Plan under the European Child Guarantee to do so without delay; calls on the EU Member States to regularly review and update their National Action Plan and to put in place monitoring and evaluation systems to assess its implementation;
Amendment 244 #
2023/2066(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Encourages Member States to go beyond the European Child Guarantee to provide services aimed at reducing inequalities, such as providing systematic hearing and sight tests for children directly at school;
Amendment 246 #
2023/2066(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the Commission to examine the possibility of establishing a European Authority for Children to ensure continuous work on and attention to child policies across the EU, support and monitor Member States' implementation of the recommendation, coordinate national work, ensure the exchange of good practices and innovative solutions, and streamline reporting and recommendations;
Amendment 249 #
2023/2066(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Recalls that Member States whose rate of children at risk of poverty or social exclusion is higher than the EU average shall allocate at least 5% of their ESF+ resources to targeted actions and structural reforms to combat child poverty; stresses that this threshold is only a minimum and that Member States are encouraged to use a higher proportion of ESF+ to combat child poverty;
Amendment 253 #
2023/2066(INI)
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Stresses that social inclusion policies must ensure that education and social services enable children's overall development: physical health and well- being, social skills, emotional maturity, communication skills and general knowledge, cognitive and language development;
Amendment 264 #
2023/2066(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to strengthen the implementation of legislations that protects or enhances maternity, paternity and parental rights, allowing for a more effective work- life balance that makes it possible for women to return to work after pregnancy and maternity leave, and forduring breastfeeding period;
Amendment 266 #
2023/2066(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that public childcare services can be supplemented by other structures, such as private-sector facilities or home-based childcare; stresses that all childcare services must meet the same quality standards for children's overall development; believes that early childhood education and care services must adapt to the realities of the labour market, particularly as regards flexible working hours;
Amendment 274 #
2023/2066(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the EU budgetary authorities to take advantage of the upcoming mid-term review of the Multiannual Financial Framework (MFF) 2021-2027 to strengthen and make better use of ESF+, ERDF, FEADAMIF, InvestEU, and Child Guarantee allocations in order to strengthen structural policies and social support for children and families; reiterates its call for an urgent increase in funding for the European Child Guarantee with a dedicated budget of at least €20 billion for the period 2021-2027 and insists on making this dedicated budget part of the revised MFF and reinforced ESF+;
Amendment 286 #
2023/2066(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommends that the Member States ensure that all vulnerable children have access to formal and non-formal, public, free, inclusive and quality education at all ages, starting with early childhood education and care;
Amendment 294 #
2023/2066(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses, in view of the difficulties in accessing early childhood education and care in most Member States, the need for investment in early childhood education and care services in sufficient numbers, inclusive and of high quality, thereby creating or bolstering a public, and universal and free response from the very beginning of the education process; stresses that childcare services must be fairly distributed throughout the European Union, including in the most remote areas such as the outermost regions;
Amendment 304 #
2023/2066(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. (Title) Sound public policies to reduce inequalities
Amendment 306 #
2023/2066(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Notes that an evaluation of the European Child Guarantee will take place in 2024 and, in this context, calls on the Commission to evaluate the coherence of national policies between the implementation of the reinforced European Youth Guarantee and that of the Child Guarantee in order to identify any possible shortcomings and to ensure the continuity of coherent actions across age groups;
Amendment 307 #
2023/2066(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses the need for public policies to strengthen the initial and continuing training of early childhood education and care staff, in order to ensure the development and adoption of the best innovative educational and pedagogical practices, such as knowledge of children's chronobiology, and access to high-quality educational and pedagogical resources;
Amendment 308 #
2023/2066(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Calls on the Member States to facilitate access to early childhood education and care services, for example by informing parents of available places or assisting vulnerable families with administrative procedures;
Amendment 312 #
2023/2066(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. HCalls on the Member States to exchange best practices for the overall development of children and the well- being of families; highlights the experience of some Member States, which ensure that textbooks and teaching materials, as well as school transport and meals, healthy meals and educational and cultural outings for children in need, are provided free of charge; recommends extending this systemese best practices to all Member States as a means of ensurimproving equal access to education and as an important means of financial support for the most vulnerable of families;
Amendment 324 #
2023/2066(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to guarantee universal, public, freaffordable and quality healthcare for all children and their families including health promotion and disease prevention; highlights the mounting need for mental health and psychosocial well-being support; highlights the value of vaccinating children and the need to fight the hotbeds of misinformation with regard to the benefits of vaccination;
Amendment 331 #
2023/2066(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Invites the Member States to consider the creation of a confidential "development file" in order to collect information across relevant services on children's development, improve the detection of difficulties and encourage the transmission of information, with the parents' agreement, to the various social, education and health services;
Amendment 338 #
2023/2066(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights the right to comfortabladequate housing that meets the needs of children and their families and ensures their well- being, privacy and quality of life; calls on the Member States to promote a public housing policy that tackles property speculation, develop social and sustainable housing and guarantees this right;
Amendment 343 #
2023/2066(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Highlights that adequate minimum income schemes are essential to combat poverty and protect children and families, and should be at the heart of strong social safety nets; calls on the Commission, while respecting the principle of subsidiarity, to propose a framework directive to help further strengthen the accessibility, adequacy and effectiveness of minimum income schemes;
Amendment 347 #
2023/2066(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to foster programmes to monitorCommission and the Member States to assess the distributional impact of inflation and the prices of energy, transport and other essential goods in order to reduce the impact of the rise inse in the cost of living on the various socio-economic groups in order to develop targeted measures for the cmost of living on children and their familievulnerable households;
Amendment 350 #
2023/2066(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to draw up without delay an ambitious European strategy to combat poverty by 2030;
Amendment 351 #
2023/2066(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on the Member States to guarantee the rights and protection of children in times of crisis, in particular continued access to basic services; encourages the Member States to assess the effectiveness of measures adopted during crises in order to prepare a range of measures that can be activated, tailored and targeted in the event of new crises;
Amendment 354 #
2023/2066(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Stresses that the disruption to schooling during the COVID-19 crisis has exacerbated inequalities in learning; that children with greater educational needs or socio-economic difficulties have had to cope with a lack of technology and materials at home or a lack of skills ; calls on the Member States to set up additional short-term learning programmes, such as summer schools or tutoring, in order to reduce existing learning gaps, targeting in particular children from vulnerable households; stresses the important role of digital tools and new technologies in combating territorial inequalities in terms of learning; reiterates that all children should have access to digital infrastructure, and affordable and good quality network, and that connectivity should be considered as an associated right of the fundamental right to education; calls on the Member States to include digital skills in the curricula of all educational institutions and to provide the necessary training and equipment for teachers and pupils;
Amendment 355 #
2023/2066(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Calls on the Member States to prepare the new generations for the increasingly pronounced consequences of climate change; considers that this requires the inclusion of climate change in national school curricula, the involvement of children in climate resilience and climate change mitigation activities as well as the acquisition of green skills;
Amendment 358 #
2023/2066(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Condemns all forms of violence, abuse, exploitation and neglect with regard to children; calls on the Member States to develop and implement integrated prevention and protection systems for children with a view to eradicating violence; calls on the Member States to pay particular attention to violence amongst children, including cyber- violence and bullying as well as to exchange best practices in that area;
Amendment 366 #
2023/2066(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Condemns discrimination in all its forms; stresses that discrimination can lead to difficulties in accessing the labour market and housing, with repercussions for children and their families; reiterates its call for negotiations on the anti- discrimination directive to be unblocked;
Amendment 368 #
2023/2066(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on the Commission and the Member States to raise public awareness in order to put an end to the stigmatisation, stereotyping and social exclusion of vulnerable families, so that people understand that families may have no control over the circumstances that make them vulnerable;
Amendment 1 #
2023/2028(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to the European Convention on Human Rights,
Amendment 104 #
2023/2028(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly condemns that in 2022 another global record for the number of imprisoned journalists was set; calls for a swift agreement on the anti-SLAPP directive, which should offer substantive and broad protection against abusive lawsuits; calls on the Member States to implement the Commission Recommendation on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings, specifically to remove prison sentences for defamation cases, decriminalize defamation and favour civil or administrative procedures instead; stresses that SLAPPs are only one method used to silence journalists and calls on the Commission to further investigate other practices and intervene;
Amendment 138 #
2023/2028(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that in order to ensure the right to freedom of expression and information, which is foundational for any democracy, information must be universally accessible and diverse, and underscores that artistic freedom must be guaranteed; stresses the importance of media pluralism and journalistic freedom for a thriving democracy; denounces unjustified and disproportional interference into journalistic expression and editorial decision making by national regulatory authorities in some Member States; stresses that under Union law, national regulatory authorities and/or bodies must be functionally independant from their government and not seek or take any instructions from any other body;
Amendment 164 #
2023/2028(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Notes with concern the large population of stateless persons in the EU, especially children being born stateless; calls on the Commission to develop a comprehensive strategy and action plan to address statelessness within the EU, including accession to the 1954 and 1961 Statelessness Conventions and the introduction of an EU wide statelessness determination procedure; further calls on the Commission to ensure that Member States properly identify, recognize and protect stateless people through introducing safeguards in EU legislation addressing the specific vulnerabilities of stateless persons, such as protection from expulsion for those stateless persons that have been born in a Member State or have resided there for a durable time;
Amendment 196 #
2023/2028(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recalls that European legislation to cover hate speech and hate crimes shall protect human dignity and combat hatred and intolerance whatever their motivation is, so that protection must be universal, with special focus on persons, groups targeted and communities;
Amendment 216 #
2023/2028(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. It is deeply concerned by the effects of the digital divide and in particular by the violation of the fundamental rights of people whose digital skills are low or non-existent, such as elderly, people with disabilities and other vulnerable groups; recalls that technological addictions constitute a public health problem that particularly affects minors and their physical and mental integrity;
Amendment 230 #
2023/2028(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Stresses the role of national and local administrations, the Member States’ parliaments and law enforcement authorities in promoting and protecting Charter rights; underlines the need for Member States to implement the Strategy to strengthen the application of the Charter of Fundamental Rights in the EU; notes in this regard the FRA observation that Member States appear to lack a structured engagement with the implementation of the Charter Strategy, such as definitions of clear targets, milestones and timelines; calls on the Member States to fully implement the Strategy;
Amendment 232 #
2023/2028(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Stresses that the Charter is a legally binding instrument addressed to the Member States only when they are implementing EU law; emphasizes that the limited scope of the Charter insufficiently protects fundamental rights and creates unclarity for persons whose rights have been breached; calls on the Member States to remove Article 51 from the Charter during the next Treaty revision, to ensure that fundamental rights are fully guaranteed throughout the entirety of the EU;
Amendment 34 #
2023/0008(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) European statistics on population and housing play a central role in policy- making and decision-making processes and, as such, they are required for the design, implementation and evaluation of Union policies, in particular those addressing the demographic change, the green and digital transformations, the promotion of energy efficiency, economic, social and territorial cohesion, and achieving the Sustainable Development Goals of the United Nations (UN) 2030 Agenda as well as the headline targets of the European Pillar of Social Rights Action Plan.
Amendment 36 #
2023/0008(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In 2017, the European Statistical System Committee (ESSC) endorsed the Budapest Memorandum, which stated the need for annual statistics on the size and on certain social, economic and demographic characteristics of the population and improved statistics on migration. For the observance of the principles of equality and non-discrimination of its citizens in all activities and the individual citizens’ rights as enshrined in the Charter of Fundamental Rights of the European Union23 and Articles 10 and 19 TFEU, and for monitoring progress towards the achievement of the European Pillar of Social Rights, the Union needs reliable and comparable statistics. Regulation (EU) 2019/1700 provides a framework for data collections from samples that allow to collect data on equality and non- discrimination in so far as this is feasible on samples and to analyse some aspects of equality and discrimination by producing socio- economic indicators and information on experience of discrimination. In addition, the Fundamental Rights Agency (FRA) and the European Institute for Gender Equality (EIGE) carry out specific studies and dedicated surveys that can further extend the availability of equality statistics at EU level. In addition, Eurofound provides insightful data and information collected via surveys on people’s working and living conditions. Future cooperation and coordination between Member States, Eurostat and these agencies should be enhanced to meet growing user demands for reliable and comprehensive data on equality and diversity in the Union. __________________ 23 OJ C 202, 7.6.2016, p. 389.
Amendment 38 #
2023/0008(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To achieve the targets of the European Green Deal, the development and evaluation of effective policies require enhanced statistics relating to the energy use and efficiency of housing, detailed geographical data on the distribution of the population as well as deeper studies of the relationship between population and housing. Furthermore, as the green transition is profoundly changing the European industry and economy, the changes in the labour market will be immense, thus the need for new evidence- based policies will be required to address the pressing challenges related to environmental and social aspects. Namely, better identifying and anticipating skills needs by timely disaggregated data collection is essential to adequately address the new ‘green jobs’ and prepare the workforce, especially workers with less training opportunities and urgent needs for up- and reskilling, throughout the transition. With the COVID-19 pandemic the need for reliable, high frequency and timely statistics on deaths in the Union was manifested. While data needs were met with a voluntary data collection from Member States to the Commission (Eurostat), the Union needs an adequate mechanism for mandatory collection of such data within the European Statistical System (ESS) with the necessary frequency, timeliness and detail.
Amendment 42 #
2023/0008(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) To monitor progress in the implementation of the European Pillar of Social Rights, its Action Plan’s headline targets and the European Child Guarantee at the national level and assess the distributional impact of climate change and policies in general, the Union needs an adequate mechanism for mandatory collection of such data within the ESS with the necessary frequency, timeliness and detail.
Amendment 44 #
2023/0008(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Regulation (EC) No 223/2009 of the European Parliament and of the Council24 established a legal framework for the development, production and dissemination of European statistics, based on common statistical principles. That Regulation sets out the quality criteria and refers to the need to minimise the response burden on survey respondents and to contribute to the more general objective of reducing the administrative burden. A new legal framework for European statistics on population and housing should implement and build upon the quality criteria set out in that Regulation and facilitate burden reduction by embracing effective and efficient reuse of available data sources including administrative data. __________________ 24 Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).
Amendment 46 #
2023/0008(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The ongoing Russia’s aggression against Ukraine, climate change, digital transformation, evolving demographic situation and recent migration trends have created demands for timelier, more frequent, and more detailed European statistics on population, socio-economic developments, vital events and housing including details of topics or groups that have become politically and societally relevant during the past decade. In addition, the existing legal framework is not flexible enough to adapt to evolving policy needs and to enable the use of new sources at national and Union level. Furthermore, the structure of the existing legal framework in the form of three separate regulations, adopted at different times, has led to intrinsic inconsistencies of the statistics. Finally, as Regulation (EU) No 1260/2013 will cease to apply on 31 August 2028, a new legal basis is required for the demographic statistics collected under that Regulation. It is therefore necessary to replace the current legal framework by a new, more coherent and flexible one that should amend relevant parts of Regulation (EC) No 862/2007 and repeal Regulations (EC) No 763/2008 and (EU) No 1260/2013.
Amendment 50 #
2023/0008(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The rapidly changing nature of some population and housing characteristics, in particular in relation to demographic, socio-economic and migration phenomena, and the corresponding need for a prompt targeting and adaptation of policies means that there is a need for statistics to be available on a timely basis soon after the reference period. The periodicity and timeliness of statistics should be therefore tangibly advanced.
Amendment 55 #
2023/0008(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The Union censuses shcould become more cost-effective through making full use of the rich set of administrative data available across the Member States or a combination of different sources including sources related to the Internet of Things (IoT) and provision of digital services. While the use of such sources would improve the availability and timeliness of available data, specific cooperation agreements for data sharing between national statistical institutes or other competent national authorities and database providers should be put in place to establish needed safeguards for personal data collection to avoid any potential misuse of sensitive data, as the access to such data should in no way alter or interfere with the fundamental rights of data subjects. They should be also used to re-establish the demographic baseline and include surveys of the coverage of administrative data sources.
Amendment 60 #
2023/0008(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) In that respect, data sharing between privately held data providers or businesses and the national statistical institutes and the Commission (Eurostat) will be based on established specific data- sharing protocols and cooperation agreements designed by involved actors and in accordance with Article 6 of Regulation (EU) 2016/679 and Article 5 of the Regulation (EU) 2018/1725, outlining the necessity for data subject to give consent to the use of their data and in accordance with the specific rules of data communication services including accessing information in end-user’s device provided in Directive 2002/58/EC.
Amendment 62 #
2023/0008(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) European statistics on population and housing should meet the quality criteria on relevance, accuracy, timeliness and punctuality, accessibility and clarity, comparability and coherence specified in Regulation (EC) No 223/2009. Their quality should be enhanced as far as the needs of the Union evolve, and mechanisms should be established to address possible situations where the quality of data is not guaranteed. In such instances, the Commission (Eurostat) should have the right to check the methodology that is being used and organise site visits of the authorities collecting the data. Assistance and technical support should also be provided upon the request of national authorities. Appropriate results from the quality assessment carried out by the Commission (Eurostat) should be publicly available to statistics users. A by assuring free and easy access to these statistics should be free and easy through Commission (Eurostat) databases on its website and in its publications.
Amendment 66 #
2023/0008(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Data sources available at national level are not always able to capture accurately phenomena related to the free movement of persons in the Union, the access of persons to cross-border services on demographic vital events and the exercise of persons rights to buy and own housing property used as primary, holiday and secondary accommodation across the Union. There are also asymmetries in the bilateral migration flows and difficulties to measure population groups, for instance among the migrant, homeless or stateless population. Therefore, data sharing for the purposes of compiling statistics on population and migration and ensuring their quality should be reinforced and considered as yet another data source. Such reinforced data sharing may cover a wide range of relevant data, from data that clearly do not allow for the identification of statistical units, either directly or indirectly, to data potentially subject to statistical confidentiality requirements. Member States should, in their own interest and in the interest of the other Member States, participate in data sharing activities, including in pilot projects assessing innovative secure solutions. The Commission (Eurostat) should also establish a secure infrastructure to facilitate such data sharing while ensuring all necessary safeguards for data protection.
Amendment 67 #
2023/0008(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) When data sharing entails processing of personal data according to Regulation (EU) 2016/679 of the European Parliament and of the Council37 or Regulation (EU) 2018/1725, the data shared shall be anonymised or pseudonymised and the principles of purpose limitation, data minimisation, storage limitation and integrity and confidentiality should be fully applied. In particular, data sharing mechanisms based on privacy enhancing technologies that are specifically designed to implement these principles should be preferred over direct data transmissioncome the new standard. __________________ 37 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 69 #
2023/0008(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In the longer term, the collaborative efforts in the European Statistical System to mitigate cross-border statistical quality issues, such as double counting of Union residents enjoying freedom of movement, should profit as much as possible frombe facilitated through the introduction of single digital identifiers established at Union level by Regulation (EU) No 910/2014
Amendment 70 #
2023/0008(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) This Regulation is without prejudice to Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive 2002/58/EC of the European Parliament and of the Council.38 Within their respective scope of application, the latter Regulations are to apply to the processing of personal data under this Regulation. Following the needs for further processing of personal data for statistical purposes, anonymised or pseudonymised data shall be used to guarantee the safeguards as adopted under Article 89 of the Regulation (EU) 2016/679 and Article 13 of the Regulation (EU) 2018/1725. __________________ 38 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 73 #
2023/0008(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In order to take account of demographic, economic and social trends as well as, technological developments and the need to design well-targeted policies in a timely manner, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in order to amend the list, description , periodicities and reference times of detailed topics covered by European statistics on population and housing; to update the periodicities and reference times in the Annex to this Regulation and to specify the information to be provided by Member States on an ad hoc basis. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making39 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 39 OJ L 123, 12.5.2016, p. 1.
Amendment 74 #
2023/0008(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35a) The importance of European statistics as vital part of evidence-based decision-making is reflected in the EU budget 2021-2027 for ensuring financial support for the development, production and dissemination of high-quality European statistics by the Single Market Programme. Reforming the collection of data via effective cooperation between relevant national authorities, statistical institutes and data providers as well as improving data quality should become eligible to benefit from the Technical Support Instrument. To this end, the funds shall be used for the purpose of helping the national statistical institutes and other competent national authorities to collect the needed data as requested by the Commission (Eurostat), especially in cases of providing ad hoc data collection as specified under this Regulation.
Amendment 77 #
2023/0008(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8a) ‘hard-to-reach population groups’ means groups of individuals for whom real or perceived barrier exists for full and representative inclusion in the collection of statistical data;
Amendment 81 #
2023/0008(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The population base shall include all usually resident persons, regardless of citizenship or whether the person is or was formerly stateless, and regardless of whether the person’s residence or stay is authorised or permitted by the relevant authorities.
Amendment 86 #
2023/0008(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. European statistics on population and housing shall cover the following domains and allow for the production of disaggregated data by age, sex, disability type and migration background:
Amendment 94 #
2023/0008(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Commission is empowered to adopt delegated acts to supplement this Regulation in accordance with Article 17 by specifying the data sets and metadata to be provided by Member States on an ad hoc basis, where the collection of additional statistics is deemed necessary for the purpose of addressing additional statistical needs under this Regulation, while prioritising the administrative data sources and records to be used for the collection of requested data.
Amendment 96 #
2023/0008(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
The revised data sets and metadata shall be provided within the deadlines specified in paragraph 2 of this Article and be complemented by quality reporting in accordance with Article 12. Member States shall inform the Commission of the decision to revise certain data sets as soon as the decision is made.
Amendment 98 #
2023/0008(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States and the Commission (Eurostat) shall use one or a combination of the following data sources, under the condition, that data is collected and processed in accordance with safeguards determined in applicable EU data protection laws and provided that they allow for producing statistics that meet the quality requirements laid down in Article 12:
Amendment 101 #
2023/0008(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The statistics compiled under this Regulation shall be based on statistically sound and well-documented methods taking into account international recommendations and best practice such as ‘signs of life’, ‘rate of stay’ and other scientifically-based statistical estimation methods used for compiling usually resident population in the Member States provided suitable measures to safeguard the data subjects’ rights and freedoms are respected.
Amendment 107 #
2023/0008(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point e
Article 12 – paragraph 2 – point e
(e) avoid possible risks of undercounting or double counting related to the free movement of persons in the Union, the access of persons to cross- border services linked to vital events and the person rights to buy cross-border, own and use housing property across the Union, not least via the introduction of single digital identifiers ;
Amendment 111 #
2023/0008(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Member States shall inform the Commission (Eurostat) as soon as possible of any relevant information or changes with regard to the implementation of this Regulation that would influence the quality of the statistics provided. Member States shall remedy the causes that may affect the quality of the statistics provided as soon as possible and no later than four months after the statistics have been provided.
Amendment 113 #
2023/0008(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. At the request of the Commission (Eurostat), Member States shall provide necessary additional clarifications to evaluate the quality of the statistics. The Commission has the right to organise visits to Member States’ national statistical authorities in case the level of statistics quality is not met.
Amendment 116 #
2023/0008(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. In the interest of secure data sharing within the ESS, all necessary safeguards with regard to the physical, technical and logical protection of data shall be taken. The Commission (Eurostat) shall set up a secure infrastructure to facilitate data sharing referred to in paragraph 1. Competent national authorities for statistics under this Regulation mayshall use this secure data sharing infrastructure for the purpose specified in paragraph 1.
Amendment 117 #
2023/0008(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b
Article 13 – paragraph 3 – point b
(b) based preferably on privacy enhancing technologies that are specifically designed to implement the principles of Regulations (EU) 2016/679 and (EU) 2018/1725, with particular regard to purpose limitation, data minimisation, storage limitation, integrity and confidentiality;
Amendment 118 #
2023/0008(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b a (new)
Article 13 – paragraph 3 – point b a (new)
(b a) provided that the condition for ensuring the necessary protection of personal data, namely anonymisation or pseudonymisation, is met;
Amendment 120 #
2023/0008(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States may participate in those studies but shall, together with the Commission (Eurostat), ensure the representativeness of those studies at Union level so that the diversity of national situations is well reflected.
Amendment 122 #
2023/0008(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. Financial contribution mayshould be provided from the general budget of the Union under the objectives of the Single Market Programme to the national statistical institutes and other national authorities referred to in Article 5(2) of Regulation (EC) No 223/2009, for:
Amendment 123 #
2023/0008(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Improving the quality of statistics and developing methodologies meeting the requirements of this Regulation can be eligible to benefit from the Technical Support Instrument or any other technical support and assistance from the Commission, which can also be provided via the exchange of best practices across Member States.
Amendment 125 #
2023/0008(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making and keep the European Parliament informed about its delegated act’s preparatory work.
Amendment 126 #
2023/0008(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Where the application of this Regulation, or the delegated or implementing acts adopted pursuant thereto, requires major adaptations to be made to a Member State’s national statistical system, the Commission may grant, by means of implementing acts, derogations to Member State, for a maximum duration of twohree years.
Amendment 3 #
2022/2026(INI)
Draft opinion
Citation 4 a (new)
Citation 4 a (new)
— having regard to the UN's 2030 agenda and SDGs, in particular Goals 1, 8 and 10,
Amendment 29 #
2022/2026(INI)
Draft opinion
Citation 14 a (new)
Citation 14 a (new)
— having regard to Eurofound's publication (2021) Disability and labour market integration: Policy trends and support in EU Member States,
Amendment 36 #
2022/2026(INI)
Draft opinion
Citation 14 b (new)
Citation 14 b (new)
— having regard to Eurofound's publication (2022) People with disabilities and the COVID-19 pandemic: Findings from the Living, working andCOVID-19 e-survey,
Amendment 40 #
2022/2026(INI)
Draft opinion
Citation 14 c (new)
Citation 14 c (new)
— having regard to Eurofound's publication (2018) The social and employment situation of people with disabilities,
Amendment 67 #
2022/2026(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas between 70 and 90% of adults with autism are unemployed1a; _________________ 1a Autism-Europe’s presentation to the European Parliament’s Committee on Employment and Social Affairs on 5 November 2019, retrieved here: https://www.autismeurope.org/wp- content/uploads/2019/11/presentation_em ployment_autism_final2.pptx.pdf
Amendment 69 #
2022/2026(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas the EU, its institutions and its Member States are party to the UNCRPD and are obliged to fully implement the fundamental rights therein, including Article 27 on work and employment; whereas the rights enshrined in the UNCRPD are far from a reality for millions of persons with disabilities in the EU;
Amendment 79 #
2022/2026(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas Eurofound research shows that between 2011 and 2016 the gap in third-level education between persons with and without disabilities widened – from 7% to 9%;
Amendment 81 #
2022/2026(INI)
Draft opinion
Recital B d (new)
Recital B d (new)
Bd. whereas Eurofound research reveals that key obstacles to the employment of people with disabilities include disability-related stereotypes, bureaucratic difficulties in accessing available services, lack of strategic vision in governance, insufficient monitoring of policy implementation, limited training resources for employers and lack of specialist support;
Amendment 86 #
2022/2026(INI)
Draft opinion
Recital B e (new)
Recital B e (new)
Be. whereas Eurofound research shows that entrepreneurship and self- employment support in the form of guidance, training and financial aid can provide opportunities for people with disabilities to be active in the open labour market, disincentivising their sole reliance on disability benefits, but emphasises that such support needs to be well targeted and adequately resourced;
Amendment 90 #
2022/2026(INI)
Draft opinion
Recital B f (new)
Recital B f (new)
Bf. whereas Eurofound's research shows that during the pandemic on average 71% of respondents with disabilities were at risk of depression and 25% of respondents with disabilities indicated that they could not access mental healthcare, which was twice as high as compared to those without disabilities; whereas return-to-work plans are critical for workers suffering from mental ill-health;
Amendment 95 #
2022/2026(INI)
Draft opinion
Recital B g (new)
Recital B g (new)
Bg. whereas Eurofound shows that lockdowns and restrictions of the COVID- 19 pandemic particularly affected young persons with disabilities aged 18 to 29, as 57% of respondents reported feeling lonely, 23% more than young people without disabilities;
Amendment 125 #
2022/2026(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission and Member States to fully implement and mainstream the UNCRPD across all legislative, policy and funding measures, in particular as regards persons with disabilities’ social and labour market inclusion; calls for the EU and the Member States to ratify the Optional Protocol to the UNCRPD;
Amendment 133 #
2022/2026(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission to conduct a cross-cutting, comprehensive review, and where necessary revise, all relevant EU legislation with a view to ensuring its full CRPD compliance in particular as regards accessibility of the built and digital environment and reasonable accommodation in employment;
Amendment 135 #
2022/2026(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the Council, in particular its upcoming Presidencies, to unblock negotiations on the horizontal anti- discrimination directive as it is a prerequisite to achieving equality in the EU;
Amendment 136 #
2022/2026(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Stresses the importance of involving persons with disabilities and their representative organisations in the development and implementation of all measures effecting them; stresses the importance of mainstreaming disability considerations in the workplace and the role of social dialogue and trainings for employers in this regard;
Amendment 143 #
2022/2026(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that income- and disability-related assistance are complementary in promoting the effective participation of persons with disabilities in the labour market; calls, therefore, on Member States to unbundle income- and disability-related assistance10 in order to cover additional disability-related costs, combat in-work poverty and ensure their equality, dignity and autonomy; _________________ 10 UN Special Rapporteur on the rights of persons with disabilities, ‘Report of the Special Rapporteur on the rights of persons with disabilities’, presented to the 70th session of the UN General Assembly, August 2015.
Amendment 148 #
2022/2026(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that persons with disabilities should enjoy their right to free movement in the EU on an equal basis with others and calls for a harmonised definition of disability to facilitate their education, training and employment opportunities across borders; calls on Member States to facilitate persons with disabilities’ export of their disability benefits and entitlements, including support services where relevant, to further foster this right; calls on the Commission and Member States to deliver on their commitments under the EU Disability Strategy, in particular the promised European Disability Card ensuring disability status is recognised in all Member States as soon as possible;
Amendment 151 #
2022/2026(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that Article19 of the CRPD provides for the equal right of persons with disabilities to live independently and be included in the community; urges Member State, with the support of the Commission, to accelerate the deinstitutionalisation process and foster the transition to community-based care and support; stresses that EU funds should be used to promote inclusivity and accessibility and should be immediately discontinued where they support the institutionalisation of persons with disabilities;
Amendment 157 #
2022/2026(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Recalls that persons with disabilities often work in sheltered employment; believes that such workshops should aim to foster skills development and support transitions to the open labour market; insists that persons with disabilities working in such environments should be protected by existing legal frameworks covering social protection and working conditions including minimum wage protection on an equal basis with others in line with Article 27 of the CRPD;
Amendment 169 #
2022/2026(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that teleworking could help increase the employment of persons with disabilities as a form of disability accommodation and a tool to achieve greater work-life balance and reduce pain- and fatigue-related barriers to the labour market; cautions, however, against the use of teleworking by employers to avoid making reasonable accommodations or creating inclusive workplace cultures for workers with disabilities11 ; highlights that future telework policies should be developed with a disability rights perspective and involve persons with disabilities in their design; _________________ 11 Schur, L.A., Ameri, M. & Kruse, D. ‘Telework After COVID: A ‘Silver Lining’ for Workers with Disabilities?’, J Occup Rehabil 30, pp. 521–536, 6 November 2020. https://doi.org/10.1007/s10926-020- 09936-5
Amendment 185 #
2022/2026(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. ECalls on Member States to provide tailored support for people with disabilities as regards access to skills development, VET and employment to ensure inclusive active labour market policies; encourages public employment services to roll out personalised measures to improve the employability and retention of persons with disabilities in the labour market; calls on Member States to provide guidance, training and financial aid to support entrepreneurship and self- employment for persons with disabilities.;
Amendment 199 #
2022/2026(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises the need to protect persons with disabilities from discrimination by the use of artificial intelligence in recruitment, selection, promotion and termination decisions in employment;
Amendment 203 #
2022/2026(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
Amendment 215 #
2022/2026(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the Commission to assess thoroughly the employment and pay gap rate of persons with disabilities in different types of employment, including sheltered employment, by providing data disaggregated by gender and impairment and ensure qualitative analysis;
Amendment 218 #
2022/2026(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls on Member States to support on-the-job training and mentoring in the workplace for persons with disabilities; stresses that measures to improve persons with disabilities’ inclusion and employment will not be truly effective without also tackling disability-related stereotypes and stigma in the workplace and wider society; in this regard stresses the importance of awareness raising and training for educators, employers and colleagues as well as the general public to tackle ableism, shift mindsets and ensure truly inclusive societies;
Amendment 188 #
2022/0402(CNS)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
Amendment 192 #
Amendment 193 #
2022/0402(CNS)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 245 #
2022/0402(CNS)
Proposal for a regulation
Article 22
Article 22
Amendment 282 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 302 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
Amendment 314 #
2022/0402(CNS)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
The jurisdiction of the court of the Member State of origin establishing parenthood may not be reviewed. The test of public policy referred to in point (a) of Article 31(1) may not be applied to the rules relating to jurisdiction set out in Articles 6 to 9.
Amendment 321 #
2022/0402(CNS)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. An authentic instrument which has no binding legal effect in the Member State of origin shall have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects, provided that this is not manifestly contrary to public policy (ordre public) in the Member State where it is presented.
Amendment 325 #
2022/0402(CNS)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 346 #
2022/0402(CNS)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The issuing authority shall issue the Certificate without delay and not later than 10 days following receipt of the request in accordance with the procedure laid down in this Chapter when the elements to be certified have been established under the law applicable to the establishment of parenthood. It shall use the form in Annex V.
Amendment 352 #
2022/0402(CNS)
Proposal for a regulation
Article 52 – paragraph 1 – point h
Article 52 – paragraph 1 – point h
(h) details concerning eachthe parent(s): surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address;
Amendment 378 #
2022/0402(CNS)
Proposal for a regulation
Article 69 – paragraph 3 – subparagraph 1
Article 69 – paragraph 3 – subparagraph 1
Notwithstanding paragraph 1, Member States shall accept an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State, provided that this is not manifestly contrary to the public policy (ordre public) of the Member State in which acceptance is sought.
Amendment 384 #
2022/0402(CNS)
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. By [52 years from date of application of this Regulation], the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation, including an evaluation of any practical problems encountered, supported by information supplied by the Member States. The report shall be accompanied, where necessary, by a legislative proposal, including considering on the legal basis of Article 21(2) TFEU.
Amendment 152 #
2022/0277(COD)
Proposal for a regulation
Recital 10
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.
Amendment 154 #
2022/0277(COD)
Proposal for a regulation
Recital 10
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.
Amendment 223 #
2022/0277(COD)
Proposal for a regulation
Recital 28
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.
Amendment 227 #
2022/0277(COD)
Proposal for a regulation
Recital 28 a (new)
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.
Amendment 228 #
2022/0277(COD)
Proposal for a regulation
Recital 28 b (new)
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.
Amendment 247 #
2022/0277(COD)
Proposal for a regulation
Recital 28
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.
Amendment 254 #
2022/0277(COD)
Proposal for a regulation
Recital 28 a (new)
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.
Amendment 255 #
2022/0277(COD)
Proposal for a regulation
Recital 28 b (new)
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.
Amendment 342 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
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 persacquisition 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;
Amendment 363 #
2022/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 375 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
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 ;
Amendment 383 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
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;
Amendment 393 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) deploy spywareurveillance 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.;
Amendment 400 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
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;
Amendment 411 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
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;
Amendment 415 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3 b (new)
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;
Amendment 416 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3 c (new)
Article 4 – paragraph 3 c (new)
Amendment 447 #
2022/0277(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 454 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
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 servicesshall make easily and directly accessible through electronic, machine readable and user friendly format the following information:
Amendment 455 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) their legal name and contact details and registration numbers ;
Amendment 462 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
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;
Amendment 469 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
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;
Amendment 473 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
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 persacquisition 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;
Amendment 474 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
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;
Amendment 476 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c c (new)
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;
Amendment 480 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c d (new)
Article 6 – paragraph 1 – point c d (new)
(cd) any other interests that could influence their strategic decision-making or their editorial line;
Amendment 490 #
2022/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 497 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
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 ;
Amendment 497 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
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:
Amendment 501 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
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 applicableand 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 Charir corporater and in compliance with other Union lawprivate premises;
Amendment 505 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) deploy spywareurveillance technologies in any device or machine used by media service providers or, if applicableand 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;
Amendment 508 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
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;
Amendment 508 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
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 affairsmedia content.
Amendment 511 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
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;
Amendment 514 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
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;
Amendment 515 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 516 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3 b (new)
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;
Amendment 517 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3 c (new)
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;
Amendment 520 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
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;
Amendment 521 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3 b (new)
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;
Amendment 522 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3 c (new)
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;
Amendment 523 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3 d (new)
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;
Amendment 551 #
2022/0277(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 554 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 1
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.
Amendment 558 #
2022/0277(COD)
1. Media service providers providing news and current affairs content shall make easily and directly accessible to the recipients of their servicesshall make easily and directly accessible through electronic, machine readable and user friendly format the following information:
Amendment 559 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) their legal name and contact details and registration numbers;
Amendment 566 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in all activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board. The Board shallmay consult the Commission and other relevant stakeholders in preparation of its work programme and main deliverables.
Amendment 569 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
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;
Amendment 573 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings.
Amendment 577 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
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;
Amendment 581 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
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;
Amendment 582 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c c (new)
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;
Amendment 585 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c d (new)
Article 6 – paragraph 1 – point c d (new)
(cd) any other interests that could influence their strategic decision-making or their editorial line;
Amendment 593 #
2022/0277(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Board shall have a secretariat, which shall be provided by the Commissionbe supported by an independent a secretariat. The secretariat shall have a legal personality.
Amendment 604 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
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:
Amendment 611 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
Amendment 617 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 624 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
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 affairsmedia content.
Amendment 628 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
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;
Amendment 634 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 635 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
Article 12 – paragraph 1 – point f – introductory part
(f) upon request of the Commission, draw up opinions with respect to:
Amendment 640 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
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;
Amendment 641 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3 b (new)
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;
Amendment 642 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3 c (new)
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;
Amendment 643 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3 d (new)
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;
Amendment 662 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Article 12 – paragraph 1 – point m a (new)
(ma) draw up and make available to national regulatory authorities and bodies established according to Directive 2010/13/EU a template for reporting on the ownership of media service providers according to Article 6(4) of this Regulation;
Amendment 666 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m b (new)
Article 12 – paragraph 1 – point m b (new)
(mb) establish and operate a European Database of Media Ownership collecting information related to the ownership of media service providers;
Amendment 667 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m c (new)
Article 12 – paragraph 1 – point m c (new)
(mc) In so far as necessary in order to achieve the objectives set out in this Regulation and carry out its tasks, and without prejudice to the competences of the Member States and the institutions of the Union, the Board, in consultation with the Commission, may cooperate with competent Union bodies, offices, agencies and advisory groups, with competent authorities of third countries and with international organisations.
Amendment 671 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m d (new)
Article 12 – paragraph 1 – point m d (new)
(md) To that end, the Board may, subject to prior approval by the Commission, establish working arrangements.
Amendment 683 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 1
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.
Amendment 698 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in all activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board. The Board shallmay consult the Commission and other relevant stakeholders in preparation of its work programme and main deliverables.
Amendment 709 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings.
Amendment 738 #
2022/0277(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Board shall have a secretariat, which shall be provided by the Commissionbe supported by an independent secretariat. The secretariat shall have a legal personality.
Amendment 739 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 751 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 760 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 767 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 775 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 781 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
Amendment 782 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 795 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 806 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
Article 12 – paragraph 1 – point f – introductory part
(f) upon request of the Commission, draw up opinions with respect to:
Amendment 818 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commission, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 847 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Article 12 – paragraph 1 – point m a (new)
(ma) draw up and make available to national regulatory authorities and bodies established according to Directive 2010/13/EU a template for reporting on the ownership of media service providers according to Article 6(4) of this Regulation;
Amendment 850 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m b (new)
Article 12 – paragraph 1 – point m b (new)
(mb) establish and operate a European Database of Media Ownership collecting information related to the ownership of media service providers;
Amendment 852 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m c (new)
Article 12 – paragraph 1 – point m c (new)
(mc) In so far as necessary in order to achieve the objectives set out in this Regulation and carry out its tasks, and without prejudice to the competences of the Member States and the institutions of the Union, the Board, in consultation with the Commission, may cooperate with competent Union bodies, offices, agencies and advisory groups, with competent authorities of third countries and with international organisations.
Amendment 853 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation pursuant to Article 21, the Board, upon request of the Commission, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinion on the elements set out in Article 21(2). The Board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the Commission.
Amendment 855 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m d (new)
Article 12 – paragraph 1 – point m d (new)
(md) To that end, the Board may, subject to prior approval by the Commission, establish working arrangements.
Amendment 892 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Public funds or any other consideration or advantage granted by public authorities to media service providers for the purposes of advertising shall be awarded according to transparent, objective, proportionate and non- discriminatory criteria and through open, proportionate and non-discriminatory procedures. This Article shall not affect public procurement rules.
Amendment 896 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Prior to granting resources to media service providers for the purposes of advertising, public authorities shall ensure that the specific criteria employed to determine the allocation of state advertising according to paragraph 1 are made available to the public in a user- friendly manner over an online interface. Public funds or any other consideration or advantage granted by public authorities shall not exceed 20% of the total annual budget of the media service provider.
Amendment 900 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, including national, federal or regional governments, regulatory authorities or bodies, as well as state-owned enterprises or other state- controlled entities at the national or regional level, or local governments of territorial entities of more than 1 million inhabitants, shall make publicly available accurate, comprehensive, intelligible, detailed and yearlyuser friendly and machine readable format detailed information about their advertising expenditure allocated to media service providers on a quarterly basis, which shall include at least the following details:
Amendment 907 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b a (new)
Article 24 – paragraph 2 – point b a (new)
Amendment 909 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. Public authorities allocating public funds or any other consideration or advantage granted for the purposes of advertising shall report on these exchanges to the national regulatory authorities or bodies established in accordance with Directive 2010/13/EU on a quarterly basis. Media service providers receiving such funds shall also make it tranparent that they received such funds.
Amendment 912 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 b (new)
Article 24 – paragraph 2 b (new)
2b. National regulatory authorities or bodies established in accordance with Directive 2010/13/EU shall submit data provided according to paragraph 2a to the European Database of State Advertising.
Amendment 916 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. National regulatory authorities or bodies shall monitor the proper allocation of state advertising in media markets. In order to assess the accuracy of the information on state advertising made available pursuant to paragraph 2, national regulatory authorities or bodies may request from the entities referred to in paragraph 2 further information, including information on the application of criteria referred to in paragraph 1.
Amendment 918 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. The allocation of state resources to media service providers, for the purpose of transmitting emergency messages by public authorities, shall become subject to the requirements set out in this article after 6 months of adoption of those emergency measures.
Amendment 920 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 b (new)
Article 24 – paragraph 3 b (new)
3b. National regulatory authorities or bodies shall prohibit the provision of Public funds or any other consideration or advantage granted by public authorities to media service providers if the amount exceeded 20% of the total annual budget of the media service provider.
Amendment 935 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c a (new)
Article 25 – paragraph 3 – point c a (new)
(ca) a detailed assessment of the allocation of state advertising;
Amendment 936 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c b (new)
Article 25 – paragraph 3 – point c b (new)
(cb) an assessment of the rules and practices in the allocation of public subsidies to media services;
Amendment 938 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c c (new)
Article 25 – paragraph 3 – point c c (new)
(cc) a detailed assessment of the decisions taken by media regulatory bodies to see if there is any undermining of independent decision-making.
Amendment 942 #
2022/0277(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point d a (new)
Article 26 – paragraph 3 – point d a (new)
(da) a detailed assessment of the allocation of state advertising;
Amendment 943 #
2022/0277(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point d b (new)
Article 26 – paragraph 3 – point d b (new)
Amendment 967 #
Amendment 1107 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect the operation of media service providers in the internal market shall be duly justified and proportionate, including those taken to implement EU legislative acts, that is liable to affect the provision of media services or operation of media service providers in the internal market shall be duly and objectively justified, proportionate and minimise disruptions on the operation of media service providers. Such measures shall be adequate, reasoned, transparent, objective and non- discriminatory.
Amendment 1131 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commission, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 1211 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation pursuant to Article 21, the Board, upon request of the Commission, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinion on the elements set out in Article 21(2). The Board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the Commission.
Amendment 1266 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Public funds or any other consideration or advantage granted by public authorities to media service providers for the purposes of advertising shall be awarded according to transparent, objective, proportionate and non- discriminatory criteria and through open, proportionate and non-discriminatory procedures. This Article shall not affect public procurement rules.
Amendment 1270 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Prior to granting resources to media service providers for the purposes of advertising, public authorities shall ensure that the specific criteria employed to determine the allocation of state advertising according to paragraph 1 are made available to the public in a user- friendly manner over an online interface.Public funds or any other consideration or advantage granted by public authorities shall not exceed 20% of the total annual budget of the media service provider.
Amendment 1278 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, including national, federal or regional governments, regulatory authorities or bodies, as well as state-owned enterprises or other state- controlled entities at the national or regional level, or local governments of territorial entities of more than 1 million inhabitants, shall make publicly available accurate, comprehensive, intelligible, detailed and yearlyuser friendly and machine readable format detailed information about their advertising expenditure allocated to media service providers on a quarterly basis, which shall include at least the following details:
Amendment 1290 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b a (new)
Article 24 – paragraph 2 – point b a (new)
(ba) a thorough explanation of how the criteria outlined in paragraph 1a were implemented in the allocation of the state funds for the relevant quarter.
Amendment 1293 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
Amendment 1297 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 b (new)
Article 24 – paragraph 2 b (new)
2b. National regulatory authorities or bodies established in accordance with Directive 2010/13/EU shall submit data provided according to paragraph 2a to the European Database of State Advertising.
Amendment 1302 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. National regulatory authorities or bodies shall monitor the proper allocation of state advertising in media markets. In order to assess the accuracy of the information on state advertising made available pursuant to paragraph 2, national regulatory authorities or bodies may request from the entities referred to in paragraph 2 further information, including information on the application of criteria referred to in paragraph 1.
Amendment 1304 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. The allocation of state resources to media service providers, for the purpose of transmitting emergency messages by public authorities, shall become subject to the requirements set out in this article after 6 months of adoption of those emergency measures.
Amendment 1307 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 b (new)
Article 24 – paragraph 3 b (new)
3b. National regulatory authorities or bodies shall prohibit the provision of Public funds or any other consideration or advantage granted by public authorities to media service providers if the amount exceeded 20% of the total annual budget of the media service provider.
Amendment 1332 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c a (new)
Article 25 – paragraph 3 – point c a (new)
(ca) a detailed assessment of the allocation of state advertising;
Amendment 1335 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c b (new)
Article 25 – paragraph 3 – point c b (new)
(cb) an assessment of the rules and practices in the allocation of public subsidies to media services;
Amendment 1340 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c c (new)
Article 25 – paragraph 3 – point c c (new)
(cc) an assessment of the rules and practices in the allocation of public subsidies to media services;
Amendment 1350 #
2022/0277(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point d a (new)
Article 26 – paragraph 3 – point d a (new)
(da) a detailed assessment of the allocation of state advertising;
Amendment 1351 #
2022/0277(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point d b (new)
Article 26 – paragraph 3 – point d b (new)
(db) an assessment of the rules and practices in the allotment of public subsidies to media services.
Amendment 3 #
2021/2180(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard especially to the decision of the Court of Justice of the European Union in Cases C-156/21 Hungary v Parliament and Council Press and Information and C-157/21 Poland v Parliament and Council;
Amendment 47 #
2021/2180(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the common values enshrined in Article 2 TEU of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities (Article 2 TEU values) and in the Copenhagen Criteria – values that are common to the EU Member States and to which candidate countries must adhere in order to join the Union and they cannot just be disregarded or reinterpreted after accession; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union;
Amendment 53 #
2021/2180(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the principle of sincere cooperation in Article 4 (3) TEU provides for an obligation of Member States to actively seek compliance with the EU Treaties, to facilitate the achievement of Union tasks and to obtain from any contravening measures;
Amendment 70 #
2021/2180(INI)
Motion for a resolution
Recital C
Recital C
C. whereas without meaningful recommendations and effective follow- up, the rule of law report may fail to prevent, detect and effectively address systemic challenges and backsliding on the rule of law, as witnessed in several EU Member States in recent years;
Amendment 119 #
2021/2180(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the judgements of the European Court of Justice of 16th of February 2022 and its conclusions that the EU indeed has competences regarding the Rule of Law in the Member States, that Rule of Law conditionality mechanism is in line with EU law, and that the actions brought by Hungary and Poland against the Rule of Law Conditionality Regulation should be dismissed;
Amendment 130 #
2021/2180(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that the functioning of justice systems, the anti- corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space to a certain extent, are all part of the Commission’s annual report; regrets, however, that not all rule of law issues were covered in sufficient detail in the 2021 report; calls for the inclusion in the annual report of other important elements of the Venice Commission’s 2016 Rule of Law Checklist; believes that civic spacesituation of the civic space in the Member States deserves a separate subheadingchapter in the report; and deserves the creation of a ‘European civic space index’;
Amendment 143 #
2021/2180(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes with satisfaction that the report contains country-specific chapters; commends the Commission’s efforts to engage with national governments and national parliaments, as well as civil society and other national actors; encourages the Commission to devote greater efforts to deepening the analysis, and invites the Commission to ensure proper resources for that; believes that more time and importance should be devotedgiven to the Commission’s country visits, including on siteespecially on site; calls on the Commission to raise greater awareness of these visits among the public in order to foster a rule of law culture at national level; furthermore it calls on the Commission to organise communication campaigns about the importance of respecting the Rule of Law;
Amendment 148 #
2021/2180(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is of the opinion that the Rule of Law report is currently a descriptive documentation of the situation in the Member States; stresses that a thorough analysis of the state of play in the Member States require an analysis and an overall evaluation of the Rule of Law in the Member States; calls on the Commission therefore to develop a Rule of Law index based on an objective and non- discriminative point system, which as a ‘traffic light’ assessment could signal the level of the rule of law in the Member States;
Amendment 187 #
2021/2180(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is strongly of the opinion that the Rule of Law cycle can be effective only if the principle of sincere cooperation set out in Art. 4 (3) TEU is equally respected and applied by the European institutions and the Member States;
Amendment 239 #
2021/2180(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines its concern at the fact that women and people in vulnerable situations, including persons with disabilities, children, religious minorities, particularly at a time of rising antisemitism, antigypsyism and anti- Muslim hatred in Europe, Romani people and other persons belonging to ethnic and linguistic minorities, migrants, asylum seekers, refugees, LGBTI+ persons and elderly people especially people living in marginalised settlements, continue to see their rights not being fully respected across the Union; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights and minority rightis particularly concerned about the deterioration of the situation of sexual and reproductive health and rights of women in some Member States, including the imposition of highly restrictive laws on abortion; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights and minority rights; strongly reiterates its call on the Commission to include within the scope of future reports an in-depth assessment of the persistent violations of democracy and fundamental rights throughout the Union, including equality and the rights of persons belonging to minorities;
Amendment 280 #
2021/2180(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the time limits for consultation with civil society is often too short or ill-timed and should be suitably adapted and flexible in order to allow for complete and comprehensive input; points out that this has made it more difficult for stakeholders to prepare and plan their contributions and awareness-raising activities, in particular if the consultation coincides with winter holiday due to the limits of their capacities and their financial resources; calls on the Commission to allow multilingual submissions; notes that consultation can be improved by ensuring follow-up with civil society actors on the input they provide;
Amendment 331 #
2021/2180(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates that the annual report should serve as a basis for deciding whether to activate one or several relevant tools such as Article 7 TEU, the Rule of Law Conditionality Regulation, the Rule of Law Framework or infringement procedures, including expedited procedures, applications for interim measures before the CJEU and actions regarding non-implementation of CJEU judgments; calls on the institutions to activate such tools without delay; reiterates its call on the Commission to create a direct link between the Annual Rule of Law reports and the Rule of Law Conditionality mechanism;
Amendment 348 #
2021/2180(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls that infringement procedures are the core instrument to protect and defend EU law and the common values enshrined in Article 2 TEU; notes with concern that the number of infringement procedures launched by the Commission has plummeted since 2004; is surprised by the fact that infringement procedures are not triggered systematically as soon as the relevant infringement is documented in the annual report; deplores the Commission’s reluctance to actively and systematically monitor the implementation of EU law and to exhaust the possibilities of infringement procedures against Member States as the instrument most tailored to resolve the issues efficiently and without delay; notes that this reluctance resulted in calls on Member States to initiate inter-State cases in accordance with Article 259 TFEU; is concerned that without systematic and timely application the preventive capacity of infringement procedures declines;
Amendment 5 #
2021/2146(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Deeply regrets that the obligation included in Regulation (EU) 2019/1896 to recruit at least 40 fundamental rights monitors by 5 December 2020 has still not been fulfilled; urges the European Border and Coast Guard Agency (the ‘Agency’) to swiftly recruit the remaining fundamental rights monitors and to appoint them at AD level, as Parliament and the Commission have repeatedly called for; reminds the Agency that that is one of seven conditions set by the Parliament in its previous discharge reports; recognises the progress made by the Agency in that respect and welcomes the intention of the Fundamental Rights Officer (FRO) and the Agency ad interim executive management to increase the number of fundamental rights monitors to 46; highlights however that the lack of fulfilment of those conditions increases the risk of refusal to grant discharge for the financial year 2020;
Amendment 11 #
2021/2146(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets that the call to suspend the Agency’s support for return-related operations from Hungary for as long as, and as concluded by the Court of Justice of the European Union, the return decisions issued by the Hungarian authorities are incompatible with Directive 2008/115/EC and the Charter of Fundamental Rights of the European Union has not been fulfilled; is deeply concerned that the Agency’s management board has still not adopted a detailed procedure for the implementation of Article 46 of Regulation (EU) 2019/1896notes the adoption of the Standard Operating Procedures for Article 46, in the form of an Executive Director Decision in January 2022; highlights the importance of implementing these procedures abiding by the highest standards of respecting fundamental rights, especially in the light of reported developments in Greece;
Amendment 28 #
2021/2146(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the decision to partially grant access to the report of the European Anti-Fraud Office (OLAF) on the investigation conducted with respect to the activities of the Agency, to the members of Parliament’s Committee on Budgetary Control and Committee on Civil Liberties, Justice and Home Affairs; regrets the long delay taken towards granting that access; is profoundly concerned about the findings of that investigation; expresses its utter disappointment in the behaviour and actions described in the findings presented; highlights that access to the findings of the OLAF report is essential in making an informed decision by the discharge authority; recommends, given those findings, to Parliament’s Committee on Budgetary Control not to grant discharge for the financial year 2020;
Amendment 34 #
2021/2146(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Is deeply concerned by the expressed intentions of several staff members to quit the Agency due to the organisational culture and overall working environment; highlights that a particular focus should be placed on identifying, reporting and combatting sexual harassment, especially in light of whistleblower reportings of such alleged cases; notes that out of the 17 cases of alleged sexual harassment reported in 2020, 15 were closed without further follow-up while in 2 cases investigations have been initiated; welcomes the expressed commitment of the ad-interim executive director to remain vigilant and take additional measures in this field; expresses shock and deep concern about the case of suicide of a staff member, related to alleged practices of sexual harassment and welcomes the reopening of this case by the new executive leadership; calls on the executive director to conduct a full and detailed investigation about this particularly severe and worrying case, to keep the discharge authority informed about the results of this investigation and to fully cooperate with criminal investigation authorities in the process; calls on the executive director to conduct a thorough investigation into the implementation of existing procedures against sexual harassment, to report back to the discharge authority about the findings and to present a detailed action plan with measures ensuring zero tolerance towards sexual harassment in both its administrative and operational activities;
Amendment 41 #
2021/2146(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the actions taken by the Frontex executive management team, during the transition period, with the aim of handing over a better functioning Agency to the next Executive Director, once appointed by the Management Board; reiterates that clarity, transparency, open dialogue and communication both internally and externally, the delegation of responsibilities and tasks, as well as abiding by high standards of ethics and respect for fundamental rights are essential for changing the organisational culture within the Agency, ensuring good governance and improving its functioning towards a full implementation of its mandate, as established by the EBCG Regulation; reminds that this is a collective effort which requires the sincere cooperation of the executive management, the Agency's Management Board and the Commission; reiterates Parliament's support within this process;
Amendment 43 #
2021/2146(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Highlights the increased role that the Agency has had to pay in the context of the Russian invasion of Ukraine; welcomes in this regard the signature of the Agreement between the European Union and the Republic of Moldova on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Moldova and the assistance given to Chisinau in managing migratory flows;
Amendment 44 #
2021/2146(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the management board and Commission to recruit a new executive director as soon as possible; before advancing this recruitment, invites the management board to commit to increased transparency and accountability to Parliament, to be confirmed through a written exchange; recalls that public access to OLAF reports, in an appropriate format for public use, as well as the full implementation of all recommendations by Parliament, and in particular by its Frontex Scrutiny Working Group, should form part of such a commitment of the management board to transparency and accountability.
Amendment 8 #
2021/2103(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the 1998 UN Declaration on Human rights Defenders,
Amendment 11 #
2021/2103(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
— having regard to the 7th Meeting of the Parties to the Aarhus Convention of 21 October 2021 and Decision VII/9 on a rapid response mechanism to deal with cases related to Article 3(8) of the Aarhus Convention,
Amendment 18 #
2021/2103(INI)
Motion for a resolution
Recital B
Recital B
B. whereas civil society organisations (CSOs) are non-profit making organisations independent of public institutions and commercial interests, whose activities contribute to the realisation of EU values and fundamental rights; whereas CSOs can take various forms such as associations and foundations; whereas human rights defenders, activists and informal groups are also key actors in civil society;
Amendment 24 #
2021/2103(INI)
Motion for a resolution
Recital D
Recital D
D. whereas freedom of thought and freedom of expression are the cornerstone of every free and democratic society; whereas CSOs shall have the right to participate in matters of political and public debate, regardless of whether the position taken is in accord with government policy or advocates a change in the law;
Amendment 27 #
2021/2103(INI)
Motion for a resolution
Recital E
Recital E
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;
Amendment 28 #
2021/2103(INI)
F. whereas the right to peaceful assembly is a cornerstone of democracy, crucial to creating a tolerant and pluralist society in which groups with different beliefs, practices, or policies can coexist peacefully; whereas restrictions to and policing of peaceful assemblies must respect legality, necessity, proportionality and non- discrimination;
Amendment 30 #
2021/2103(INI)
Motion for a resolution
Recital G
Recital G
G. whereas freedom of expression and access to information has been restricted in some Member States on the pretext of fighting disinformation in relation to COVID-19; whereas measures preventing terrorism or hate speech must not result in undue restrictions on freedom of expression; whereas strategic lawsuits against public participation (SLAPPs) have also been used to target civil society organisations (CSOs) and human rights defenders; whereas these exert a severe chilling effect on freedom of expression;
Amendment 36 #
2021/2103(INI)
Motion for a resolution
Recital H
Recital H
H. whereas freedom of association is being eroded in some Member States by reforms that put CSOs at risk of de- registration or introduce unduly burdensome administrative processes, including but not limited to the careless application of anti-money-laundering measures or policies restricting the right to engage in advocacy;
Amendment 44 #
2021/2103(INI)
Motion for a resolution
Recital I
Recital I
I. whereas in some Member States, restrictions have been imposed with the deliberate aim of limiting civic space and are accompanied by legal, administrative and fiscal harassment, criminalisation and negative rhetoric aimed at stigmatising and delegitimising CSOs and draining their capacity to carry out their legitimate work; whereas hate speech, also in the online space, verbal and physical harassment and attacks also emanate from non-state actors; whereas CSOs and human rights defenders working on women’s rights, including sexual and reproductive health and rights, environmental issues and the protection of minorities and LGBTI rights, as well as those providing assistance to migrants and asylum seekers and those involved in search and rescue operations, are particularly exposed;
Amendment 54 #
2021/2103(INI)
Motion for a resolution
Recital J
Recital J
J. whereas certain Member States have placed restrictions on CSOs’ ability to engage in political activities; whereas in others, accusations that CSOs are political have become tools to stigmatise and delegitimise them; whereas delegitimization in certain Member States can appear as state or media-run smear campaigns; whereas CSOs report discriminatory and restrictive funding practices in certain Member States;
Amendment 56 #
2021/2103(INI)
Motion for a resolution
Recital K
Recital K
K. whereas policies and practices instilling a chilling effect on civic space have been adopted in certain Member States with the aim of achieving self- censorship and deterring civic actors from exercising their rights; whereas such policies often combine vague provisions leaving large discretion to public authorities and disproportionately high sanctions; whereas the mere prospect of their application can be enough to instill self-censorship without an actual need to apply them;
Amendment 58 #
2021/2103(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas in some Member States emergency legislation in response to the health crisis has been used as a pretext to arbitrarily restrict fundamental rights and freedoms and crackdown on civil society and other dissenting voices; whereas these measures have been found in some cases not to have met the necessity, proportionality, time limitations and non- discrimination requirements, absent which any restrictions to fundamental rights and freedoms stemming from them cannot be considered legitimate and lawful;
Amendment 64 #
2021/2103(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
K b. whereas while the spread of the COVID-19 pandemic has seen an unprecedented engagement of civil society organisations in providing solutions to the crisis and providing support to people in vulnerable situations, it has considerably impacted the right of association, assembly and expression; whereas despite their role on the ground, civil society organisations have not been consulted in the development of emergency measures;
Amendment 72 #
2021/2103(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the emergence of government-organised non-governmental organisations (GONGOs) designed to always support the political legitimacy of those in power and support it in public debates and its political goals while presenting themselves as independent voices, constitutes one of the gravest forms of attack against CSOs, jeopardising their existence by undermining active citizenship;
Amendment 75 #
2021/2103(INI)
Motion for a resolution
Recital N
Recital N
N. whereas while CSOs increasingly perform economic activities and contribute to the social economy, no legislative steps have been taken to unlock their operations at EU level; whereas despite concrete CJEU case law, the principle of non- discrimination and the free movement of capital applied to cross-border donations is still not universally applied in Member States;
Amendment 79 #
2021/2103(INI)
Motion for a resolution
Recital O
Recital O
O. whereas foreign funding has been the target of legal and political attacks in some Member States; whereas in case C- 78/18, the CJEU ruled that the law referred to it violated free movement of capital and freedom of association;
Amendment 83 #
2021/2103(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
O a. whereas CSOs participation in the development of law and policy should be facilitated by policy frameworks enabling them to engage in dialogue with public authorities; whereas while progress has been made both at national and EU level, civil dialogue still often remains an ad hoc process;
Amendment 89 #
2021/2103(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Asserts the crucial role played by CSOs in the realisation of EU values and fundamental rights, and the implementation of EU law, policies and strategies; stresses their key contribution to informed public debate, articulating aspirations present in society, giving a voice to vulnerable and marginalised people, giving access to crucial services, providing expertise in policy-making, promoting active citizenship and acting as schools of democracy and indispensable watchdogs exercising democratic control over State institutions and ensuring accountability for public action;
Amendment 98 #
2021/2103(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that for civil society organisations to thrive, civic space must be an enabling and safe environment free from undue interference, intimidation, harassment and chilling effects; stresses the importance of media pluralism which is crucial for CSOs to be able to reach public opinion and therefore contribute to public debate;
Amendment 104 #
2021/2103(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Warns about the degradation of civic space throughout the EU with policies hampering CSOs’ operations, their access to sustainable funding and their ability to participate in decision-making; condemns any form of harassment, smearing, stigmatisation, criminalisation and scapegoating of CSOs; stresses how these jeopardize active citizenship, the expression of critical voices, thereby undermining public debate and hence the very foundations of democracy;
Amendment 108 #
2021/2103(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that the COVID-19 pandemic has further accentuated many of the existing challenges faced by CSOs; notes with concern that certain governments took advantage of the pandemic to roll back civic space and pass controversial laws while society’s ability to mobilize was limited;
Amendment 115 #
2021/2103(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Agrees with the Commission that when civil society’s space to operate shrinks, it is a sign that the rule of law is at risk; urges the Commission, therefore, to step up and structure its monitoring of the situation of civic space in the Member States by creating a ‘European civic space index’ based on existing frameworks for measuring civic space, and by dedicating to civic space a fully-fledged chapter including country recommendations in its annual rule of law report; urges the Commission to make systematic use of the reports of the EU Agency for Fundamental Rights and to call on its support for methodological advice;
Amendment 126 #
2021/2103(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission, therefore, to adopt a comprehensive civil society strategy that integrates all existing tools, fills monitoring, support and protection gaps, and gives genuine political recognition to the crucial role played by CSOs in the realisation of EU values and policies, while clearly linking monitoring and reporting tools to enforcement mechanisms to ensure timely and effective follow-up action; and asserting the European Union’s unwavering commitment to protect and nurture the space in which they operate;
Amendment 135 #
2021/2103(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the ability of CSOs to act depends on the existence of an enabling legal and political environment, in particular on the exercise of freedom of association, peaceful assembly and expression and the right to public participation; urges Member States to guarantee the exercise of these rights in conformity with international standards and to avail themselves of the possibility to request opinions on planned legislation from the Venice Commission;
Amendment 143 #
2021/2103(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the contribution of CSOs to the single market and the social economy, as well as their role in the realisation of EU values and policies, is a strong argument for removing the barriers to their operations at EU level; calls on the Commission, therefore, to propose legislation to approximate Member State laws in this regard; stresses that such legislation would not only provide minimum protection to CSOs but also create a level-playing field allowing them to harness the full potential of the single market;
Amendment 150 #
2021/2103(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to include a systematic civic space check in its impact assessments in order to prevent planned legislation from having negative effects on civic space and when risks are identified, to introduce necessary safeguards and draft guidelines for Member States’ implementation in cooperation with civil society; calls on the Commission to equally review existing EU law; calls on Member States to adopt similar measures at national level;
Amendment 157 #
2021/2103(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to limit peaceful assemblies only if strictly necessary and in a proportionate way; warns against the broadening in some Member States of law enforcement authorities’ powers in policing assemblies; condemns any unnecessary use of force against protesters, as well as their criminalisation, prosecution and surveillance; calls on the Commission to issue guidelines for the protection of freedom of peaceful assembly both in times of health emergency and in normal times;
Amendment 171 #
2021/2103(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Condemns any threats and attacks perpetrated on CSOs by state actors including negative and stigmatizing rhetoric, scapegoating as well as legal, administrative and fiscal harassment; equally condemns all instances of attacks and threats perpetrated by non-state actors, including, but not limited to SLAPPs;
Amendment 175 #
2021/2103(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. UIs concerned by the low levels of reporting of attacks and threats on CSOs at national level; urges Member States to unequivocally condemn such acts, adopt preventive measures and systematically, thoroughly and impartially investigate any related allegations, invest in training programmes for authorities to better handle such cases; calls on the Commission to accompany such processes by providing recommendations and facilitating the exchange of best practices;
Amendment 180 #
2021/2103(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Commission to include references to attacks against human rights defenders in its reporting under the Framework Decision on combating certain forms and expressions of racism and xenophobia, when monitoring and assessing EU rules and tools to protect the rights of victims of crime, and when revising EU provisions on combating hate speech and hate crime;
Amendment 184 #
2021/2103(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the setting up of an EU alert mechanism allowing CSOs and human rights defenders to register attacks and seek support; considers that such a mechanism will also help reporting at Union level and contribute to better information of the European public in general;
Amendment 189 #
2021/2103(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Is concerned by the difficulties expressed by CSOs in accessing resources and the additional strain caused by the pandemic on the availability of funding and fundraising activities;
Amendment 190 #
2021/2103(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Urges the Commission to use its enforcement powers against Member States which unduly restrict civic space in violation of EU laws, including through infringement proceedings, the Rule of Law Framework, the new regulation on EU funding conditionality and the procedure laid down in Article 7 TEU; calls on the Commission to ensure civil society active participation and meaningful contribution to these processes;
Amendment 194 #
2021/2103(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to identify existing obstacles and propose a comprehensive set of measures and recommendations to ensure long-term financing for CSOs; stresses the importance of securing complementary sources of funding including the funding of their operational activities related to advocacy and monitoring; stresses the importance of securing complementary sources of funding including public institutions at all levels, private, philanthropic and individual donors, membership fees and income generated through economic activities; emphasises that public funding should cover all types of civil society activities including advocacy, litigation and watchdog activities, education and awareness- raising, service provision as well as capacity and coalition building;
Amendment 200 #
2021/2103(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Condemns any form of politically or otherwise motivated discrimination in the allocation of public funds and ensuing chilling effects; calls on Member States to ensure clear, transparent and non- discriminatory procedures in this respect;
Amendment 209 #
2021/2103(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is gravely concerned by the emergence of GONGOs and related discriminatory and often opaque public funding practices; warns against their detrimental effect on the perceived legitimacy of CSOs and hence on citizens’ willingness to engage in active citizenship; calls on Member States to investigate and take action against groups instigating hate; emphasizes that they can distort public debate which can undermine the very fabric of democracy;
Amendment 213 #
2021/2103(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the adoption with an increased budget of the Citizens, Equality, Rights and Values Programme; calls on the Commission to actively consult CSOs in the definition of work programmes and funding mechanisms so as to ensure transparency, flexibility and user- friendliness; welcomes re-granting mechanisms in the Union Values strand; emphasizes the importance of securing sufficient funding for watchdog, advocacy and litigation activities, as well as capacity building, as these boost CSOs’ contribution to safeguarding EU values and fundamental rights; calls on the Commission to ensure that funding is earmarked to support CSOs in implementing the tasks and roles assigned to them in its various sectoral policies; calls for a specific emergency funding and practical support for civic actors and human rights defenders at risk;
Amendment 221 #
2021/2103(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on the Commission to redouble its efforts to boost CSO participation in the CERV programme and other centrally managed funds, including via further simplification, more flexible eligibility criteria, and targeted information and training; calls on the Commission to step up its monitoring of practices in Member States and provide recommendations ways to boost CSO participation in programmes under shared management; calls on the Commission to better involve and train CSOs in monitoring the spending of EU funds at Member State level;
Amendment 224 #
2021/2103(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Considers that budgetary support for civil society organisations should not only be foreseen, but also promoted and supported in all EU programmes; regrets that the European Recovery Package did not target specifically civil society organisations in addition to business and small and medium companies; calls the European Commission and Member States to ensure that CSOs are involved throughout the implementation and the monitoring of the National Recovery and Resilience Plans and of other funds under shared management; calls on the Commission to ensure that independent civil society organisations are not negatively impacted by the withdrawal of funding under the regulation in cases where there is a suspicion that EU funds could have been misused by a member state, by providing for specific modalities to channel funding to CSOs adapted to the environment in which they operate;
Amendment 229 #
2021/2103(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Commission to ensure that EU fundsset out conditions and procedures to ensure that EU funds, whether in direct or shared management, are only awarded to organisations that are strictly independent from any government and fully adhere to EU values;
Amendment 239 #
2021/2103(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Condemns attempts by certain Member States to impose limitations on foreign funding and the related political narratives they have promulgated and measures they have taken with the aim of stigmatising CSOs; recalls that the CJEU found that these violate free movement of capital and freedom of association; calls on the Commission to keep initiating infringement procedures in this regard and systematically apply for interim measures;
Amendment 245 #
2021/2103(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Emphasizes the importance of tax incentives to boost private donations; encourages Member States to further develop such schemes; calls on the Commission to map best practices and produce recommendations;
Amendment 246 #
2021/2103(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Calls on the Commission to produce guidance on the principle of non- discrimination and free movement of capital applied to cross-border donations; emphasizes that an approximation of the definition of the concept of public benefit would enable mutual recognition and equal treatment in terms of cross-border donations and benefits related to such public benefit status;
Amendment 251 #
2021/2103(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to produce guidance on the principle of non- discrimination and free movement of capital applied to cross-border donations; calls for an EU-level definition of the concept of public benefit, as that would boost cross-border donations insofar as it would enable mutual recognition of public benefit status and equal treatment in terms of the related advantages; invites the Commission to set up measures to remove obstacles to cross border philanthropy and ensure equal treatment of donations across borders inline with CJEU rulings;
Amendment 256 #
2021/2103(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses the importance of civil dialogue in informed policy-making and emphasises that the privileged position of CSOs in contact with citizens, including marginalized or vulnerable groups, and their expertise, confers on them a key role in civil dialogue;
Amendment 259 #
2021/2103(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Welcomes positive steps taken in some Member States with new civil dialogue strategies and civil society advisory committees; condemns however, practices deliberately hampering CSO participation such as their exclusion from public processes, the recourse to opaque catch-all laws and accelerated parliamentary processes bypassing consultation and deliberation obligations;
Amendment 261 #
2021/2103(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Recalls that the urgency of COVID-19-related measures further limited CSOs’ access to decision-making; notes however efforts made to counter this in a number of Member States;
Amendment 264 #
2021/2103(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Regrets that civil dialogue often remains an ad hoc process; calls on the Member States to develop coherent policy frameworks that ensure structured, predictable and long-term processes, inclusive participation and systematic review systematic review, and to allocate appropriate means including for training relevant officials; calls on the Commission to provide recommendations based on the analysis of existing practices;
Amendment 271 #
2021/2103(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
Amendment 273 #
2021/2103(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Considers that all EU institutions should review their terms of engagement with CSOs inline with Article 11 to ensure an open, transparent, meaningful and regular dialogue with civil society, on an equal footing with other stakeholders; calls for an interinstitutional agreement on civil dialogue between all main institutions covering all areas of Union policy as well as transversal processes such as, for example, the State of the Union or the Conference for the Future of Europe;
Amendment 274 #
2021/2103(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the attribution to a Commission Vice-President of the responsibility to maintain an open, transparent and regular dialogue with civil society; stresses that civil dialogue should be further operationalised; invites in particular the European Commission to set up within each Directorate General specific focal points for civil society to be in close contact with the Vice-President and the coordination of the Secretariat General; invites the European Commission to set up a participatory status with civil society; considers it key that a wide variety of CSOs is given a prominent role via a transparent selection process in expert groups and advisory forums assisting the Commission and that emphasis is put on CSOs speaking for vulnerable and underrepresented groups;
Amendment 282 #
2021/2103(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to leverage the definition of national programmes implementing EU funds and the implementation by Member States of EU strategies and action plans to require Member States to put in place effective CSO participation and civil dialogue mechanisms;
Amendment 6 #
2021/2071(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Regrets the Commission’s intention to develop guidelines for the application of the Regulation; Reiterates that the application of the Rule of Law Conditionality Regulation cannot be subject to the adoption of guidelines, and urges the Commission to avoid any further delay in its application;
Amendment 8 #
2021/2071(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that after the Commission has begun to draft guidelines on the application of the Regulation; requests that, if the Commission deems such guidelines necessary, Parliament be consulted prior to their adopdecided to preprare the Guidelines the Parliament in its resolution of 25 March 2021 on the application of Regulation (EU, Euratom) 2020/2092, the rule-of-law conditionality mechanism requested the Commission to submit the guidelines by 1 June 2021 the latest; regrets that the Commission has handed over the draft guidelines on the application of the Regulation with 2 weeks delay; is of the opinion that the draft guidelines in its current form do not contain any additional information, which could contribute to the proper application of the regulation; concludes therefore that the Commission’s guidelines are partof its delaying tactic of the application of the regulation;
Amendment 13 #
2021/2071(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Deplores the time wasted by the Commission since the entry into force of the Regulation; urges the Commission to act without any further delay in the application of the Regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the Member States that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; reiterates that the situation in some Member States already warrants immediate investigation under the Regulation;
Amendment 14 #
2021/2071(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Is strongly of the opinion that the Parliament has to continue its necessary preparations for potential court proceedings under Article 265 of the TFEU against the Commission; is of the opinion that non-action or slow action by the Commission is a strong political signal not only to the European institutions and the Member States but also to the European citizens;
Amendment 21 #
2021/2071(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers that the Commission’s annual Rule of Law report constitutes an objective, impartial, fair, and qualitative assessment of breaches of the principles of rule of law; believes that where the conclusions of the annual reports highlight individual or systemic breaches of the rule of law which affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way, they should be directly linked to the triggering of the Conditionality Mechanism; calls on the Commission to clarify a methodology to create a clear and direct link, when relevant, between the annual reports and the Conditionality Mechanism;
Amendment 27 #
2021/2071(INI)
3 b. Highlights that civil society, including independent NGOs and citizens, is at the forefront to identify potential breaches of the rule of law at local and national level, and should therefore be involved in their reporting; calls on the Commission to establish, in the guidelines, an efficient, user-friendly, and easily accessible online one-stop shop for citizens and civil society to report both fraud and corruption cases related to EU Funds, as well as individual or systemic breaches in their Member State, guaranteeing anonymity and leading, where deemed relevant by its services, to further investigations by the OLAF, the EPPO or the Commission;
Amendment 30 #
2021/2071(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Recalls that the Regulation provides a clear definition of the rule of law, which must be understood in relation to the other values of the Union, including fundamental rights and non- discrimination; is of the opinion that state-sponsored discrimination against minorities has a direct impact on the projects on which Member States decide or not to spend EU money, and therefore directly affects the protection of the financial interests of the Union;
Amendment 32 #
2021/2071(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Believes that transparency is essential to foster the confidence of Member States and citizens in the Conditionality Mechanism:points out that each step of the procedure of the Regulation should therefore be taken in a fully transparent way; Calls therefore on the Commission to set-up the transparency rules and principles that it will apply when triggering the Conditionality Mechanism;
Amendment 27 #
2021/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas a vibrant civil society operating in an enabling legal and political environment allowing it to play its fundamental role in monitoring the situation of the rule of law and fundamental rights, corruption and promoting good governance, accountability and transparency is essential for any democracy to thrive;
Amendment 57 #
2021/2036(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) based on civil and criminal law, as well as the threats of such actions, with the purpose of preventing acts of public participation including investigating and reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participationengaging in advocacy or activism through the exercise of legally guaranteed civil liberties;
Amendment 63 #
2021/2036(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas SLAPPs claims arise from the public participation of the defendant, on matters of public interest, which lack legal merits, are manifestly unfounded, and are characterised by the abuse of rights or of process by the plaintiff, exerting excessive claims in matters in which the defendant is exercising a legally protected right, therefore using the judicial process for purposes other than genuinely asserting, vindicating or exercising a right;
Amendment 78 #
2021/2036(INI)
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society and NGOsctors, NGOs and other actors engaging in public participation, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis, or the Slovenian investigative news outlet Necenzurirano recently hit by 39 lawsuits, amongst others;
Amendment 89 #
2021/2036(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas SLAPPs are increasingly being used across the EU to target NGOs, civil society activists and rights defenders, including environmental activists, LGBTQI and women's rights defenders
Amendment 107 #
2021/2036(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas non-cross-border SLAPP cases are increasingly more used within the Member States, by both private companies and public entities, aiming to limit free speech and the right to information, producing a chilling effect against journalists, academics, civil society and NGO representatives, relying on psychologically and financially draining their targets in order to force them to abandon exposing matters of public interest;
Amendment 120 #
2021/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs intend to censor, intimidate, and silence critics such as media outlets journalists, NGOs, activists and other actors engaging in public participation, by burdening them with the cost and time of a legal defense until they abandon their criticism or opposition, therefore SLAPPs are a direct attack on the exercise of fundamental rights and freedoms, particularly the freedom of expression; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining media freedom and public democratic participation threatens Union values as enshrined in Article 2 of the TEU; is of the opinion that SLAPPs are particularly concerning if they are funded directly or indirectly from state budgets and are combined with other indirect and direct state measures against independent media outlets, independent journalism and civil society including unlawful state aid to government friendly outlets, financing disinformation and GONGOs; welcomes the fact that the rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to best practices in countering them; calls for the annual report to include a thorough assessment of the legal environment for the media, and investigative journalism in particular; as well as a comprehensive analysis of the regulatory and political environment in which civil society organisations operate;
Amendment 123 #
2021/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs are a direct attack on the exercise of fundamental rights and freedoms; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining media freedom and public democratic participation, including freedom of expression, of information, of assembly and of association, threatens Union values as enshrined in Article 2 of the TEU; welcomes the fact that the rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to best practices in countering them; calls for the annual report to include a thorough assessment of the legal environment for the media, and investigative journalism in particular; calls on the Commission to also issue country-specific recommendations within the framework of the annual rule of law report for future years, including for issues concerning the situation of media freedom within the Member States;
Amendment 153 #
2021/2036(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights that the use of SLAPPs has a negative impact on the enjoyment of internal market freedoms by individuals and organisations engaging in public participation and vulnerable to such claims, such as journalists or civil society activists, as the absence of the same level of protection against these claims, within the jurisdictions of certain Member States, discourages them to operate confidently all across the Union;
Amendment 160 #
2021/2036(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that SLAPPs constitute a misuse of Member States’ justice systems and legal frameworks, especially for successfully addressing ongoing common challenges outlined in the Justice Scoreboard, such as caseload administration and case backlogs; recalls that a properly functioning justice system delivers judgements without undue delay, and manages judicial resources so as to maximise efficiency, and that this is only possible where judges and judicial bodies are not burdened with the handling of claims that are later on dismissed as abusive and lacking in legal merit; stresses therefore that SLAPPs constitute an severe hampering of the effective access to justice;
Amendment 182 #
2021/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, NGOs, rights defenders, academics and other civil society actors, including those defending LGBTQI or women's rights, thus threatening media freedom, freedom of expression and public safety given that online hate speech can incite real-world violence;
Amendment 190 #
2021/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of journalists, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; stresses that SLAPPs cause not only a financial burden but also bear dire psychological consequences for their targets as well as their family members, aggravated by the fact that the latter may also inherit those abusive proceedings upon the target’s death, as it happened to the husband and sons of Daphne Caruana Galizia; points out that this chilling effect can lead to self- censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 200 #
2021/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of those targeted, such as journalists, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; points out that this chilling effect can lead to self- censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 212 #
2021/2036(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that an imbalance of power between the claimant and the defendant in terms of financial resources is a common feature of SLAPPs; highlights that unpredictably large damages' award claims in matters such as libel, are capable of producing a strong chilling effect against their targets and therefore the admissibility of laying such claims should require highly careful scrutiny and very strong justifications;
Amendment 219 #
2021/2036(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to protect journalists, academiclegislation on and harmonization of minimum standards to sufficiently protect SLAPP targets such as journalists, academics, rights defenders, activists, civil society actors and NGOs and to ensure that fundamental rights are upheld in the Member States;
Amendment 247 #
2021/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous academics, legal practitioners and victims who point to the need for legislative action against the growing problem of SLAPPs; urgently calls, therefore, for the Brussels Ia and Rome II Regulations to be amendmentsed in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls for the introduction of a uniform and predictable choice of law rule for defamation, as well as for proposals for binding Union legislation on establishing minimum standards, harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive or a regulation; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights tof freedom of expression, association and information in the Union; is concerned that if measures only address lawsuits regarding infordefamation, actions based on other civil matters or criminal procedures may still be used;
Amendment 258 #
2021/2036(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Affirms that legislative measures at Union level could be based on Article 81 of the TFEU (for cross-border civil lawsuits) and Article 82 of the TFEU (for threats of lawsuits in cross-border cases), and separately on Article 114 of the TFEU to protect public participation in order to ensure the proper functioning of the internal market by exposing corruption and other distortions; asserts that the latter measure could also address attempts to prevent investigation and reporting on breaches of Union law using the same legal base asa similar approach which led to the adoption of Directive (EU) 2019/1937 (the ‘Whistleblower Directive’); is of the opinion that the above legal bases are capable of addressing combined SLAPPs of criminal and civil lawsuits as well;
Amendment 260 #
2021/2036(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Affirms that legislative measures at Union level could be based on Article 81 of the TFEU (for cross-border civil lawsuits) and Article 82 of the TFEU (for threats of lawsuits in cross-border cases), and separately on Article 114 of the TFEU to protect public participation in order to ensure the proper functioning of the internal market by exposing corruption and other distortions; asserts that the latter measure could also address attempts to prevent investigation and reporting on breaches of Union law using the same legal base asa similar approach to the one that led to the adoption of Directive (EU) 2019/1937 (the ‘Whistleblower Directive’);
Amendment 267 #
2021/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of actors engaging in public participation, such as journalists, academics, civil society and NGOs in preventing breaches of Union law and ensuring the proper functioning of the internal market; urges the Commission to present a proposal for legislation that sets out safeguards for persons investigating and, reporting on or exposing these matters of public interest; highlights that such a proposal shall include rules on the early dismissal of abusive lawsuits, alongside deterrent measures aiming to disincentivise claims intended to suppress public participation such as civil penalties or administrative fines, including cost- shifting sanctions; underlines that these measures should apply to both cross- border and non-cross border cases of SLAPPs;
Amendment 291 #
2021/2036(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Commission to present a proposal for a measure that develops judicial cooperation in civil matters so as to address cross-border SLAPP cases by providing for rules on the early dismissal of abusive lawsuits and other actions in court that have the purpose of preventing public participation, which should include dissuasive cost-shifting sanctions, consideration of abusive motives even if the lawsuit or action is not dismissed, costs and damages; calls on the Commission, further, to address questions giving rise to forum shopping and libel tourism in a forthcoming review of the Brussels Ia and Rome II Regulations;
Amendment 318 #
2021/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the urgent need for a robust fund for supporting victims of SLAPPs; stress the importance for victims and potential victims of SLAPPs to have easy and accessible information about these type of cases, legal aid and support, including psychological support for victims and their family members;
Amendment 336 #
2021/2036(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls the importance of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget, which has applied to all commitment and payment appropriations since 1 January 2021; calls on the Commission to make use of existing legal provisions within the Regulation and implement a regime of conditionality immediately, once conditions are met in any Member State;
Amendment 348 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part II – indent 1a (new)
Annex – point 1 – part II – indent 1a (new)
support for the creation of dedicated national networks of specialised lawyers, legal practitioners and psychologists, easily available for victims of SLAPPs and their families;
Amendment 348 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part II – indent 1a (new)
Annex – point 1 – part II – indent 1a (new)
support for the creation of dedicated national networks of specialised lawyers, legal practitioners and psychologists, easily available for victims of SLAPPs and their families;
Amendment 350 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part II – indent 3
Annex – point 1 – part II – indent 3
the creation of a specific Union fund to provide financial support to victims of SLAPPs and their family members, including in terms of financial aid, legal assistance and psychological support;
Amendment 350 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part II – indent 3
Annex – point 1 – part II – indent 3
the creation of a specific Union fund to provide financial support to victims of SLAPPs and their family members, including in terms of financial aid, legal assistance and psychological support;
Amendment 357 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part II – indent 4
Annex – point 1 – part II – indent 4
support for independent bodies (such as ombudspersons) able to deal with complaints from persons threatened or faced with SLAPP suits, and to provide assistance to them, and support for media self-regulatory bodies dealing with ethical complaints by the public and promoting the importance of ethics and professional journalistic practices;
Amendment 357 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part II – indent 4
Annex – point 1 – part II – indent 4
support for independent bodies (such as ombudspersons) able to deal with complaints from persons threatened or faced with SLAPP suits, and to provide assistance to them, and support for media self-regulatory bodies dealing with ethical complaints by the public and promoting the importance of ethics and professional journalistic practices;
Amendment 362 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part II – indent 6
Annex – point 1 – part II – indent 6
a ‘one-stop-shop’/support hub which victims of SLAPPs can contact and where they can receive guidance and easy access to information on and support against SLAPPs, including regarding ‘first aid’, legal aid, financial and psychological support, including through peer exchange networks;
Amendment 362 #
2021/2036(INI)
Motion for a resolution
Annex – point 1 – part II – indent 6
Annex – point 1 – part II – indent 6
a ‘one-stop-shop’/support hub which victims of SLAPPs can contact and where they can receive guidance and easy access to information on and support against SLAPPs, including regarding ‘first aid’, legal aid, financial and psychological support, including through peer exchange networks;
Amendment 369 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part I – introductory part
Annex – point 2 – part I – introductory part
A legislative proposal for a general protection measure would have the dual aim of protecting persons investigating or report, reporting, or exposing matters of public interest concerning:
Amendment 369 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part I – introductory part
Annex – point 2 – part I – introductory part
A legislative proposal for a general protection measure would have the dual aim of protecting persons investigating or report, reporting, or exposing matters of public interest concerning:
Amendment 372 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part I – point a
Annex – point 2 – part I – point a
(a) possible breaches of Union law;
Amendment 372 #
2021/2036(INI)
Motion for a resolution
Annex – point 2 – part I – point a
Annex – point 2 – part I – point a
(a) possible breaches of Union law;
Amendment 395 #
2021/2036(INI)
A proposal for a civil procedure measure applicable in both cross-border and non- cross-border cases should include:
Amendment 397 #
2021/2036(INI)
A proposal for a civil procedure measure applicable in both cross-border and non- cross-border cases should include:
Amendment 400 #
2021/2036(INI)
(b) the obligation for courts to summarily dismiss abusive lawsuits; at a very early stage;
Amendment 402 #
2021/2036(INI)
(b) the obligation for courts to summarily dismiss abusive lawsuits at a very early stage;
Amendment 409 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part II – point a
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;
Amendment 410 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part II – point a
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;
Amendment 416 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part II – point b
Annex – point 3 – part II – point b
(b) that the applicable law is the law of the place where the investigation or reporting took placeto which a publication is directed and, supplementary, the place of editorial control.
Amendment 418 #
2021/2036(INI)
Motion for a resolution
Annex – point 3 – part II – point b
Annex – point 3 – part II – point b
(b) that the applicable law is the law of the place where the investigation or reporting took placeto which a publication is directed and, supplementary, the place of editorial control.
Amendment 46 #
2021/2025(INI)
Motion for a resolution
Recital F a (new)
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;
Amendment 57 #
2021/2025(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s first annual Rule of Law Report as part of the wider European rule of law monitoring and enforcement architecture, as it adds an important, potentially preventive tool to the Union’s rule of law toolbox; encourages further development of this new tool for agenda-setting and preventive purposes;
Amendment 65 #
2021/2025(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that justice systems, the anti-corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space to a certain extent, are all part of the Commission’s annual overview of the rule of law situation in the Member States; encourages the Commission to also highlight positive trends in Member States that could serve as good examples for others to follow;
Amendment 69 #
2021/2025(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers that the 2020 report is overly descriptive and does not provide sufficient analysis; and the Commission do not draw any conclusions on the state of the Rule of Law in the Member States and in the Union in general; believes the 2020 report fails to provide clear assessments stating whether there are serious deficiencies or a risk of a serious breach of the Union values in each of the pillars under analysis in the country chapters; considers these assessments necessary to identify follow up actions and remedial tools; considers it necessary that the report contains country specific recommendations on how to address the identified concerns and benchmarks to be followed up;
Amendment 70 #
2021/2025(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Stresses that the analysis and the conclusions of the reports should be directly contributing to the Rule of Law Conditionality Mechanism; calls on the Commission to clarify in the methodology the link between the two mechanisms;
Amendment 73 #
2021/2025(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the potential preventive benefits of the annual Rule of Law Report; considers that a more thorough evaluation is needed to assess whether the report has had a sufficient preventive effect; considers that in any event this is clearly not the case as regards the Member States under the Article 7(1) TEU procedure; believes that the 2020 report should have provided more in-depth assessments, stating whether there is a risk of or actual breach of the Union values; considers these assessments necessary to identify follow-up actions and remedial measures and toolsformulate conclusions about the state of the rule of law and to identify follow-up actions and remedial measures and tools; calls on the Commission to include in the reports indication of such follow-up and remedial action, whose progress should be then illustrated in the following report;
Amendment 77 #
2021/2025(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the potential preventive benefits of the annual Rule of Law Report; considers that a more thorough evaluation is needed to assess whether the report has had a preventive effect; considers that in any event this is clearly not the case as regards the Member States undwhere the Article 7(1) TEU procedurerule of law is in crisis; believes that the 2020 report should have provided more in-depth assessments, stating whether there is a risk of or actual breach of the Union values; considers these assessments necessary to identify follow-up actions and remedial measures and tools;
Amendment 83 #
2021/2025(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for a more integrated analysis on the interlinkages between the four pillars included in the report and of how combined deficiencies may amount to systemic breaches of the rule of law; and signal if those are affecting or risk affecting the financial interest of the Union;
Amendment 84 #
2021/2025(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for a more integrated analysis on the interlinkages between the four pillars included in the report and of how combined deficiencies may amount to systemic breaches of the rule of law or risks thereof;
Amendment 93 #
2021/2025(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Regrets that not all rule of law issues were covered in sufficient detail by the annual report; invites the Commission to develop its country-specific expertise and capacity to react more promptly to negative developments in the Member States; calls on the Commission to devote sufficient resources to the monitoring and enforcement of the rule of law in the EU;
Amendment 96 #
2021/2025(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that the laws, the democratic institutions, their independence, the checks and balances, the rule of law in a Member State have to be functional not only de jure but also de facto;
Amendment 101 #
2021/2025(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the monitoring of the independence, quality and efficiency of the Member States’ justice systems; considers that including the national prosecution services as those are essential preconditions not only of the rule of law within the Member States but also of the protection of the Union’s financial interests; considers that the integrity of the judges and prosecutors and other persons working in the justice systems and the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers that the reports should go beyond a static annual snapshot and include information on relevant antecedents in the country chapters;
Amendment 103 #
2021/2025(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the monitoring of the independence, quality and efficiency of the Member States’ justice systems; considers that the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers that the reports should go beyond a static annual snapshot and include information on relevant antecedents in the country chaptersany relevant information about the state of the rule of law in the country, as well as situate new developments in their political context;
Amendment 116 #
2021/2025(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is alarmed by the stark deterioration of the independence of some Member States’ justice systems, as reflected in some country chapters; calls on the Commission to clearly assess and designate such shortcomings and findings identified as a clear risk of a serious breach of the rule ofn light of applicable standards in EU law;
Amendment 127 #
2021/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Decries the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7 of the TEUat the governments of Poland and Hungary have repeatedly attempted to prevent national courts from referring cases to the Court of Justice of the European Union under Article 267 TFEU; considers this practice to be in contravention of the Treaties and the CJEU's established interpretation of the relevant provisions; is appalled by the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments pose a systemic threat to the Union; considers, therefore, that forthcoming annual reports should consider challenges to the Union’s legal architecture and principles as serious violations in the assessment;
Amendment 148 #
2021/2025(INI)
Motion for a resolution
Paragraph 10
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;
Amendment 159 #
2021/2025(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the lack of assessment as regards the public service media sector at national level and its degree of independence from government or any other interference and an assessment of transparency of media ownership; believes that proper implementation of Article 30 of the 2018 Audiovisual Media Services Directive19 should be closely monitoredand particularly its Article 30 should be closely monitored and infringement procedures should be initiated as a matter of priority; _________________ 19 OJ L 303, 28.11.2018, p. 69.
Amendment 180 #
2021/2025(INI)
Motion for a resolution
Paragraph 13 a (new)
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;
Amendment 185 #
2021/2025(INI)
Motion for a resolution
Paragraph 14
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;
Amendment 187 #
2021/2025(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Commission to define clear benchmarks on an enabling civic space; Considers that, given the role of civil society in promoting, explaining, monitoring and holding governments accountable with regard to the realisation of Union values, including key building blocks of the rule of law, an additional chapter dedicated to monitoring the evolution of civic space in Member States should be added to each country report and the horizontal report;
Amendment 188 #
2021/2025(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Commission to define clear benchmarks con an enablingcerning the breadth and openness of civic space;
Amendment 190 #
2021/2025(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Suggests therefore that such a chapter should focus on 1) the legal environment for the exercise of civic freedoms; 2) the framework for civic organisations’ sustainability and financial viability, including the issue of government-organized non-governmental organizations (GONGOs); 3) participation in decision-making, including the right to access to information; 4) safe space, including verbal and physical attacks, smear campaigns as well as legal, administrative and fiscal harassment, the chilling effect they trigger and the long term consequences in terms of active citizenship in the country;
Amendment 199 #
2021/2025(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regrets the non-implementation, which in itself constitutes a serious violation of the rule of law, by a Member State subject to Article 7 of the TEUHungary of a CJEU ruling in relation to restrictions imposed on the financing of civil organisations by persons established outside that Member State; notes with concern that an increasing number of Member States are adopting legislation that severely impinges on the freedom of association and expression for civil society organisations;
Amendment 203 #
2021/2025(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets the fact that the 2020 report fails to encompass fully the Article 2 TEU values of democracy and fundamental rights, including the rights of persons belonging to minorities and non- discrimination, including gender equality, sexual and reproductive rights and LGBTIQ rights, which are immediately affected when countries start backsliding on the rule of law;
Amendment 219 #
2021/2025(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reiterates its insistence on the need for a single monitoring mechanism on democracy, the rule of law and fundamental rights, as proposed by Parliament in its resolution of 7 October 2020, to cover the full scope of Article 2 TEU values;
Amendment 221 #
2021/2025(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 229 #
2021/2025(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the Commission’s announcement of its strategy to strengthen the application of the Charter of Fundamental Rights; believes that such an annual review should provide input for a comprehensive monitoring mechanism and that its methodology, cycle and scope should therefore be aligned with the annual reports, as well as the Democracy Action Plan; believes that the presentation of these reports should be aligned and interlinked as part of a broader annual monitoring cycle on Article 2 TEU;
Amendment 231 #
2021/2025(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Regrets that the Commission did not consult stakeholders, including Parliament, on the development of the report’s methodology and preparation process, and that it didn't seek to obtain feedback on their workability; points out that this has made it more difficult for stakeholders, especially for civil society organisations, to prepare and plan their contributions as well as for the domestic awareness-raising activities they intend to pursue for the launch of the report;
Amendment 243 #
2021/2025(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that civil society are key partners to identify rule of law violations and promote democracy and fundamental rights in countries where Union values have been eroded; considers that shadow reporting would bolster the efficiency and transparency of the process; urges therefore the Commission to build on the good practice of the UN’s Universal Periodic Review process, and adapt the preparation process by requiring Member State contributions to be public and setting a deadline for public consultation well after the publication of all Member State contributions so as to enable effective shadow reporting;
Amendment 247 #
2021/2025(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Stresses that the consultation questionnaire should allow stakeholders to report elements beyond the scope followed by the Commission as these can help further assess the way power is exercised in a country and whether the constitutional setup provides efficient mechanisms to limits such exercise of power;
Amendment 252 #
2021/2025(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Calls on the Commission to regularize the schedule pertaining to the annual report's production, including the deadline for stakeholders' submissions, to make the process predictable for all institutions and stakeholders; calls on the Commission to ensure sufficient time for the preparation of stakeholders' submissions;
Amendment 258 #
2021/2025(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls onRegrets that the Commission and the Council to respond positively tohave so far refused to engage with Parliament’'s call in its resolution of 7 October 2020 forto establish, through an interinstitutional agreement, an EU mechanism on democracy, the rule of law and fundamental rights;
Amendment 264 #
2021/2025(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Considers the existing institutional arrangement behind the annual report to fall short of the Parliament's expectations; expects the Commission to create a permanent interinstitutional Working Group as proposed by the Parliament in its resolution of 7 October 2020;
Amendment 266 #
2021/2025(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Invites the Commission and the Council to enter without delay into negotiations with Parliament on an interinstitutional agreement in accordance with Article 295 TFEU; considers the proposal set out in the Annex to Parliament's resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights to constitute an appropriate basis for such negotiations;
Amendment 274 #
2021/2025(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Strongly regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes that the Council’s hesitance to apply Article 7 of the TEU effectivelyTEU is enabling continued divergence from the values provided for in Article 2 of the TEU; condemns the Council's reluctance to organize Article 7 TEU hearings under the pretext of the COVID-19 pandemic; calls for a reflection ats part of the Conference on the Future of Europe on a revision of the Article 7 TEU procedure in order to realign thevoting majorityies requirements of paragraphs 1 and 2 with a view to having super-majorities of four or five for both proceduresd by Article 7 TEU in order to render its procedure more effective;
Amendment 280 #
2021/2025(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates that the annual report should serve as a basis for deciding whether to activate the procedure provided for in Article 7 of the TEU, whether to activate the Rule of Law Framework or whether to launch infringement procedures, including expedited procedures, applications for interim measures before the Court of Justice and actions regarding non-implementation of CJEU judgments concerning the protection of Union values; stresses that the report should be in any case accompanied by actionable recommendations, including deadlines for implementation;
Amendment 290 #
2021/2025(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Calls for a strategic use of funding opportunities under the Regulation establishing the Rights and Values Programme in order to counteract threats to the rule of law identified in the annual report and more broadly support civil society organizations promoting the values listed in Article 2 TEU;
Amendment 301 #
2021/2025(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Stresses the importance of promoting the findings of the annual report at the national level; encourages the Commission to foster debate around the report in national parliaments and engage with civil society organizations in the follow-up to the report;
Amendment 176 #
2021/0422(COD)
Proposal for a directive
Recital 14
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. Accessorydditional sanctions are often seen as being more effective than financial sanctifor 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.
Amendment 177 #
2021/0422(COD)
Proposal for a directive
Recital 14 a (new)
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.
Amendment 206 #
2021/0422(COD)
Proposal for a directive
Recital 30
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.
Amendment 378 #
2021/0422(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the offender restores natureinstates 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;
Amendment 416 #
2021/0422(COD)
Proposal for a directive
Article 12 a (new)
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;
Amendment 429 #
2021/0422(COD)
Proposal for a directive
Article 15 – paragraph 1
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.
Amendment 431 #
2021/0422(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
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.
Amendment 433 #
2021/0422(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall ensure thatdesignate 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.
Amendment 436 #
2021/0422(COD)
Proposal for a directive
Article 17 – paragraph 1
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 toto 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.
Amendment 438 #
2021/0422(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
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.
Amendment 439 #
2021/0422(COD)
Proposal for a directive
Article 17 – paragraph 1 b (new)
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.
Amendment 449 #
2021/0422(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
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.
Amendment 450 #
2021/0422(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Amendment 97 #
2021/0381(COD)
Proposal for a regulation
Recital 3
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.
Amendment 104 #
2021/0381(COD)
Proposal for a regulation
Recital 5
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 waythe 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.
Amendment 107 #
2021/0381(COD)
Proposal for a regulation
Recital 8
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.
Amendment 110 #
2021/0381(COD)
Proposal for a regulation
Recital 10
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.
Amendment 112 #
2021/0381(COD)
Proposal for a regulation
Recital 11
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.
Amendment 113 #
2021/0381(COD)
Proposal for a regulation
Recital 14
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 amplificationd 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.
Amendment 116 #
2021/0381(COD)
Proposal for a regulation
Recital 16
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.
Amendment 117 #
2021/0381(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The sponsoring, promotion, publication or dissemination by other actors of a message that is liableaims 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 liableaims 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.
Amendment 120 #
2021/0381(COD)
Proposal for a regulation
Recital 21
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, includingsuch as in print, by broadcast media or via an online platforms service.
Amendment 123 #
2021/0381(COD)
Proposal for a regulation
Recital 23
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.
Amendment 124 #
2021/0381(COD)
Proposal for a regulation
Recital 28
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.
Amendment 125 #
2021/0381(COD)
Proposal for a regulation
Recital 29
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.
Amendment 129 #
2021/0381(COD)
Proposal for a regulation
Recital 31
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. EveryAny 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.
Amendment 131 #
2021/0381(COD)
Proposal for a regulation
Recital 33
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 targetingad 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.
Amendment 140 #
2021/0381(COD)
Proposal for a regulation
Recital 47
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 amplificationd 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).
Amendment 142 #
2021/0381(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Targeting and amplificationAd 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.
Amendment 146 #
2021/0381(COD)
Proposal for a regulation
Recital 48 a (new)
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.
Amendment 147 #
2021/0381(COD)
Proposal for a regulation
Recital 48 b (new)
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.
Amendment 165 #
2021/0381(COD)
Proposal for a regulation
Recital 59 a (new)
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.
Amendment 167 #
2021/0381(COD)
Proposal for a regulation
Recital 62 a (new)
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.
Amendment 169 #
2021/0381(COD)
Proposal for a regulation
Recital 63
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 financialother 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.
Amendment 172 #
2021/0381(COD)
Proposal for a regulation
Recital 70
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.
Amendment 227 #
2021/0381(COD)
Proposal for a regulation
Recital 40
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.
Amendment 256 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(c a) a statement on the cost of that individual advertising;
Amendment 281 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
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.
Amendment 369 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
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.
Amendment 370 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 1 b (new)
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.
Amendment 371 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 1 c (new)
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.
Amendment 372 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 1 d (new)
Article 15 – paragraph 1 d (new)
Amendment 377 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 4
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, documentfollowing 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 fpremises 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 performance 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.
Amendment 379 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 5 – point c a (new)
Article 15 – paragraph 5 – point c a (new)
(c a) impose a periodic administrative fines and financial penalties;
Amendment 380 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 5 a (new)
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.
Amendment 384 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 a (new)
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.
Amendment 385 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 b (new)
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.
Amendment 386 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 c (new)
Article 15 – paragraph 8 c (new)
Amendment 387 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 d (new)
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.
Amendment 388 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 9
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.
Amendment 392 #
2021/0381(COD)
Proposal for a regulation
Article 16 – paragraph 2
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.
Amendment 397 #
2021/0381(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Amendment 437 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Political advertising publishers shall make reasonablebest efforts to ensure that the information referred to in paragraphs 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement. accurate. Where the political advertising publisher becomes aware that the information referred to in paragraphs 1 and 2 is incomplete or inaccurate, it shall make best efforts, including by contacting the sponsor or the providers of political advertising services concerned to complete or correct the information. Where the information cannot be completed or corrected, the political advertising publisher shall not make available or shall discontinue without undue delay the promotion, publication or dissemination of the political advertisement. Political advertising publisher shall inform without undue delay sponsors or providers of political advertising services concerned about any decisions taken in connection with this paragraph. When the sponsor or the providers of political advertising services becomes aware that information transmitted to or published by the political advertising publisher is incomplete or inaccurate, it shall contact, without undue delay, the political advertising publisher concerned and, as relevant, shall transmit completed or corrected information to the political advertising publisher.
Amendment 587 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. The European Commission shall have exclusive competence to monitor the compliance of very large online platforms and very large search engines within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in this Regulation.
Amendment 651 #
2021/0381(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Amendment 3 #
2021/0227(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Finds the proposed reduction in the budget of the European Union Agency for Fundamental Rights (FRA) by 0,5 % very disappointing; stresses that the FRA’s tasks of collection and analysis of reliable information on fundamental rights compliance in the Member States are expected to increase in the future; calls instead for a budgetary increase of EUR 27,1 million and for the addition of two temporary agents at AD grade and two contractual agents to function group IV in the establishment plan to allow FRA to continue to operate effectively;
Amendment 8 #
2021/0227(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the proposed increase of the budget of the European Asylum Support Office (EASO) by 11,2 %; considers that the continuous challenge of migration and asylum management calls for strong support from the agency to strengthen the implementation of the a Common European Asylum System (CEAS), enhance practical cooperation, provide operational and technical assistance and stimulate information exchange as well as convergence in the assessment of protection needs between the Member States; stresses that the interinstitutional agreement reached on June 29th 2021 on the transformation of EASO into the European Union Asylum Agency (EUAA) requires additional human resources which were not foreseen in the Commission’s draft budget; underlines in particular the need to recruit from 2022 new staff at AD and AST positions for the function of Fundamental Rights Officer, the Asylum Support Teams, the Liaison Officers in Member States or to strengthen legal and training teams; also calls for adjustments to the establishment plan as regards the distribution of posts across different grades to enable reclassification needs and for the publication of planned posts for 2022; emphasises that the latter will not impact the total budget or the total number of staff proposed, set aside the additional staff required for the implementation of the EUAA;
Amendment 12 #
2021/0227(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned with the serious and repeated allegations made against European Border and Coast Guard Agency (Frontex) related to pushbacks at external borders; is disappointed to note that, according to the Court of Auditors, Frontex has not managed to implement its mandate from 2016, let alone its updated mandate of 2019, and that serious and multiple deficiencies regarding its effectiveness have been identified, while taking note of the conclusion from Frontex’ s Management Board “working group on fundamental rights and legal and operational aspects of operations” (WG FRaLO), that has closed its investigation on 13 incidents in the Aegean Sea and found no evidence of pushbacks; is disappointed to note that, according to the Court of Auditors, Frontex has not managed to implement its mandate from 2016, let alone its updated mandate of 2019, and that serious and multiple deficiencies regarding its effectiveness have been identified; points out that the audit period runs from the end of 2016, when the Agency's new mandate comes into force, to the end of 2020, and therefore does not take into account recent steps from the Agency to comply with its mandate; welcomes the presentation by Frontex on March 3rd 2021 of a comprehensive roadmap addressing the recommendations from the WG FRaLO; considers it is an important step to implement fully the new mandate and expects the recommendations to be implemented by the end of the year; stresses that substantial budget and staff increases for Frontex are conditional on its accountability and transparency, on its commitment to Union law, and on its fulfilment of its mandate; proposes, therefore, to make a part of the budget allocations conditional upon Frontex recruiting 40 fundamental rights monitors at AD gradadequate level to ensure their independence, adopting a clear procedure for the implementation of Article 46 of Regulation (EU) 2019/1896 of the European Parliament and of the Council1 , and swiftly appointing deputy executive directors in line with Frontex’ 2019 mandate; stresses, meanwhile, that any amount of budget put in a reserve should not prevent the Agency from actually meeting the above-mentioned requirements and the implementation of its mandate, including the recruitment of the standing corps; _________________ 1Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
Amendment 16 #
2021/0227(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls the estimate made by the European Public Prosecutor’s Office (EPPO) that it will process 3 000 investigations in 2022; emphasises that EPPO is a prosecutorial body with mandatory competences and obligations to investigate irrespective of budgetary provision; is concerned that the funding proposed for 2022 does not include a meaningful increase as compared with 2021; considers that last year budget was already falling short compared to the workload anticipated and a potential extension of the EPPO mandate covering environmental offences will require sufficient budgetary means, especially for the establishment of a EPPO Green Prosecutor with a special environmental crime unit; stresses that a substantial funding increase to EUR 55,7 million, ands well as 59 additional members of staff at AD grade and 76 additional members of staff at AST grade are required;
Amendment 21 #
2021/0227(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Highlights that the European Union Agency for Law Enforcement Cooperation (Europol) is a cornerstone of the EU Security Union Strategy and plays an ever greater role in the fight against terrorism, radicalisation, organised crimes and environmental crimes, in line with the Agency’s Strategy 2020+; expects an intensification of tasks for Europol to fight criminal infiltrations in the legal economy and prevent fraud to the EU recovery budget; therefore, welcomes the budget increase of 11,2% and the additional 71 Temporary Agents for the Europol; however, regrets that the grade of 14 staff in the draft proposal does not reflect Europol’s request for 2022; therefore requests a reclassification of 14 staff from AST to AD grades; also stresses that EUR 15 987 100 million is put in reserve until the revised mandate of the Agency is adopted, corresponding to the amount required for the recruitment of the 71 additional Temporary Agents; considers that a smaller amount should be put in reserve to allow the recruitment of new staff from early 2022, in order to complete preparatory actions for the implementation of the upcoming revised mandate; recalls that the Agency didn't benefit of any staff increase in 2021;
Amendment 24 #
2021/0227(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets the small funding increase of 1,5 % proposed for the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA); believes that this will not be sufficient to cover EMCDDA’s needs without hampering the scientific activities of EMCDDA; highlights that the 2021 budget was already insufficient and that EMCDDA was obliged to downsize a significant part of its work programme; notes with concern that the drug market has been remarkably resilient to disruption caused by the pandemic, while globalisation and new technology support the establishment of new trafficking routes and the growth of online markets; requests, therefore, an increase in EMCDDA’s 2022 budget to EUR 18,4 million;
Amendment 25 #
2021/0227(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the proposed budgetary increase for the European Union Agency for Criminal Justice Cooperation (Eurojust) which contributes to the EU Security Union policy; is disappointed that the proposed establishment plan would reduce the number of members of staff by two, from 207 staff in 2021 to 205 in 2022; considers that increasing Eurojust’s budget while reducing its personnel sends a conflicting signal on how to handle the challenges faced by Eurojust with its ever increasing caseload; stresses that a staff increase is necessary for the Agency to carry out existing and future tasks, in particular as regards to the digitalisation of Justice, the implementation of new instruments in the field of judicial cooperation such as e-Evidence or the fight against environmental crimes;
Amendment 26 #
2021/0227(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes the increase of 44,2 % in commitment appropriations and the increase of 39,1 % in payment appropriations for eu-LISA; requests 24grets however as in 2021 that the proposed allocation of staff in the draft budget falls short of the request from the Agency; recalls that the eu-LISA plays a key role in the development of a fully functioning Schengen area by ensuring adequate border management and internal security tools; stresses that in 2022 eu-LISA will carry out important tasks in the implementation of the EES, ETIAS and the interoperability regulations; therefore requests 27 additional members of staff at AD grade to support the implementation of important large-scale IT projects, including projects relating to interoperability, and in particular to reduce eu-LISA’s dependency on external contractors;
Amendment 30 #
2021/0227(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Regrets the decrease of 3,3 % in commitment and payment appropriations for the European Union Agency for Law Enforcement Training (CEPOL) and requests rather additional funding of EUR 750 000, including for specific appropriations for training programmes tackling the rise of environmental crime, and additional five posts at AD grade in the establishment plan;
Amendment 34 #
2021/0227(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes the slight reduction in payment appropriations for the Asylum, Migration and Integration Fund (AMIF) compared to 2021; further takes note of the substantivewelcomes the 25,9% increase in commitment appropriations to get that new fund up to cruising speed as quickly as possible; stresses that this increase is essential at a time where the pressure on national authorities for asylum remains very high, with huge gaps in terms of proper reception of asylum seekers and major delays in the procedures for asylum in the Member States; recalls the importance of providing adequate financial capacities to support the development of the CEAS, to bring concrete solidarity to Member States most exposed to migration and asylum flows, as well as to ensure efficient and fair asylum and return procedures; calls, in the light of the proposed New Pact on Migration, for a further 10 % increase in commitment and payment appropriations for the Common European Asylum SystemEAS and the solidarity objectives of the AMIF;
Amendment 39 #
2021/0227(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Is deeply concerned by the continuing loss of lives in the Mediterranean Sea, which have increased 56,6 % with respect to last year, representing at least 1146 people who lost their life on maritime routes to Europe between January and June 20211a; believes that search and rescue is a state responsibility that cannot be left only to non-state actors; considers that the Commission should present a legislative proposal to set up a Search and Rescue Fund to support search and rescue missions in the Mediterranean Sea; proposes, therefore, the creation of a new budget line for such a fund; _________________ 1a Migrants deaths on maritime routes to Europe in 2021, GMDAC and IOM: https://missingmigrants.iom.int/sites/mmp /files/Mediterranean_deaths_Jan- Jun_2021.pdf
Amendment 41 #
2021/0227(BUD)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Welcomes the 47% increase in commitment appropriations and the 20% increase of payment appropriations of the Integrated Border Management Fund (IBMF); considers that this programme will provide essential operational support to Member States in the areas of external border surveillance, common visa policy and customs controls;
Amendment 46 #
2021/0227(BUD)
Draft opinion
Paragraph 11
Paragraph 11
11. Reiterates its call for the creation of a separate budget line per specific objective set out in the legal bases of AMIF and the Instrument for Border Management and Visa Policy (BMVI); believes that a separate budget line per specific objective would help ensure adequate transparency and funding for all objectives of AMIF and BMVI;
Amendment 48 #
2021/0227(BUD)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Welcomes the 29,3% increase in commitment appropriations and the 33,3% increase of payment appropriations of the Internal Security Fund (ISF); stresses that this programme is a strong tool to implement the EU Security Union Strategy, by support cooperation and efforts of law enforcement authorities to strengthen cybersecurity, combat terrorism and organised crime in Europe;
Amendment 50 #
2021/0227(BUD)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Recalls that independent and qualitative investigative journalism is an essential component of a well-functioning democracy, by bringing quality fact-based information, combating disinformation, raising awareness to citizens, and revealing wrongdoings or crimes; stresses that journalism across Europe faces strong challenges, in particular the lack of financial resources, hence threatening their independence or survival; calls for ambitious funding programmes in the European budget in this field;
Amendment 52 #
2021/0227(BUD)
Draft opinion
Paragraph 13
Paragraph 13
13. Notes with regret the decrease in commitment and payment appropriations of 6 % and 16,9 % respectively for the Justice Programme, in particular in the field of support to judicial training; recalls that Justice is a key component of a Security Union; proposes rather to maintain the funding in 2022 at the level of the 2021 Budget;
Amendment 54 #
2021/0227(BUD)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Regrets that Member States still provide an insufficient amount of Seconded National Experts (SNE) to EU agencies in the field of Justice and Home Affairs; highlights the importance of such exchanges to support EU agencies’ human resources, but also to develop a European culture in this area and common understanding between national administrations.
Amendment 94 #
2021/0206(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Porto Declaration of 8 May 2021 reaffirmed the European Council’s pledge to work towards a social Europe ensuring a fair transition, and its determination to continue deepening the concrete implementation of the European Pillar of Social Rights at EU and national level, with due regard for respective competences and the principles of subsidiarity and proportionality.
Amendment 107 #
2021/0206(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Those amendments have differing economic and social impacts on the different sectors of the economy, on the citizens, and the Member States. In particular, the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC of the European Parliament and the Council31 should provide an additional economic incentive to invest into the reduction of fossil fuel consumption and thereby accelerate the reduction of greenhouse gas emissions. Combined with other measures, this should, in the medium to long term, reduce the costs for buildings and road transport, and provide new opportunities for job creationfuture- oriented creation of quality jobs and investment. _________________ 31 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union (OJ L 275, 25.10.2003, p. 32).
Amendment 132 #
2021/0206(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The increase in the price for fossil fuels may disproportionally affect vulnerable households, vulnerable micro- enterprises and vulnerable transport users who spend a larger part of their incomes on energy and transport, who, in certain regions, including in rural, insular, mountainous, remote and less accessible areas or for less developed regions or territories, including the outermost regions and less developed peri-urban areas, do not have access to alternative, affordable mobility and transport solutions and who may lack the financial capacity to invest into the reduction of fossil fuel consumption.
Amendment 163 #
2021/0206(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Mobility poverty has no clear Union-level or national definitions are available. However, the problem is becoming more pressing to address as a result of the increasing phase-out requirements for combustion engine vehicles, high fuel prices, or high dependencies on transport availability, accessibility and costs to go to work or for daily mobility needs due to living in rural, insular, outermost regions, mountainous, remote and less accessible areas or for less developed regions or territories, including less developed peri-urban areas.
Amendment 210 #
2021/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) For that purpose, each Member State should prepare together with the relevant stakeholders listed in Article 8.1 of Regulation (EU) 2021/1060 such as the social partners, regional and local authorities and submit to the Commission a Social Climate Plan (‘the Plan’). Those Plans should contribute to the implementation of the principles of the European Pillar of Social Rights and the achievement of the United Nations Sustainable Development Goals while ensuring that no one is left behind as well as pursue two objectives. Firstly, they should provide vulnerable households, vulnerable micro-enterprises and vulnerable transport users the necessary resources to finance and carry out investments in energy efficiency, decarbonisation of heating and cooling, in zero- and low-emission vehicles and mobility. Secondly, they should mitigate the impact of the increase in the cost of fossil fuels on the most vulnerable and thereby prevent energy and transport poverty during the transition period until such investments have been implemented. The Plans should have an investment component promoting the long-term solution of reduce fossil fuels reliance and could envisage other measures, including temporary direct income support to mitigate adverse income effects in the shorter term.
Amendment 218 #
2021/0206(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
Amendment 230 #
2021/0206(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Member States, in consultation with the stakeholders listed in Article 8.1 of Regulation (EU) 2021/1060 (CPR) such as social partners, local and regional level authorities, are best placed to design and to implement Plans that are adapted and targeted to their local, regional and national circumstances as their existing policies in the relevant areas and planned use of other relevant EU funds. In that manner, the broad diversity of situations, the specific knowledge of local and regional governments, research and innovation and industrial relations and social dialogue structures, as well as national traditions, can best be respected and contribute to the effectiveness and efficiency of the overall support to the vulnerable.
Amendment 235 #
2021/0206(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Member States, in consultation with reglocal, regional and national level authorities, are best placed to design and to implement Plans that are adapted and targeted to their local, regional and national circumstances as their existing policies in the relevant areas and planned use of other relevant EU funds. In that manner, the broad diversity of situations, the specific knowledge of local and regional governments, research and innovation and industrial relations and social dialogue structures, as well as national traditions, can best be respected and contribute to the effectiveness and efficiency of the overall support to the vulnerable.
Amendment 278 #
2021/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Taking into account the importance of tackling climate change in line with Paris Agreement commitments, the commitment to the European Pillar of Social Rights and the commitment to the United Nations Sustainable Development Goals, the actions under this Regulation should contribute to the achievement of the target that 30% of all expenditure under the 2021- 2027 multiannual financial framework should be spent on mainstreaming climate objectives and should contribute to the ambition of providing 10% of annual spending to biodiversity objectives in 2026 and 2027, while considering the existing overlaps between climate and biodiversity goals. For this purpose, the methodology set out in Annex II of Regulation (EU) 2021/1060 of the European Parliament and of the Council33 should be used to tag the expenditures of the Fund. The Fund should support activities that fully respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852 of the European Parliament and of the Council34 . Only such measures and investments should be included in the Plans. Direct income support measures should as a rule be considered as having an insignificant foreseeable impact on environmental objectives, and as such be considered compliant with the principle of ‘do no significant harm’. The Commission intends to issue technical guidance to the Member States well ahead of the preparation of the Plans. The guidance will explain how the measures and investments must comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852. The Commission intends to present in 2021 a proposal for a Council Recommendation on how to address the social aspects of the green transition. _________________ 33 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159). 34 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
Amendment 288 #
2021/0206(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Women are particularly affected by carbon pricing as they represent 85% of single parent families and in 2020 42,1 % of the households composed of a single person with dependent children were recorded to be in a situation of poverty or social exclusion in the Union1a. Single parent families have a particularly high risk of child poverty. Gender equality and equal opportunities for all, and the mainstreaming of those objectives, as well as questions of accessibility for persons with disabilities should be taken into account and promoted throughout the preparation and implementation of Plans to ensure no one is left behind. _________________ 1a https://ec.europa.eu/eurostat/statistics- explained/index.php?title=Children_at_ri sk_of_poverty_or_social_exclusion
Amendment 299 #
2021/0206(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Member States should submit their Plans together with the update of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999 of the European Parliament and of the Council35 , after the consultation with stakeholders listed in Article 8.1 of Regulation (EU) 2021/1060 such as social partners, local and regional level authorities. The Plans should include the measures to be financed, their estimated costs and the national contribution. They should also include key milestones and targets to assess the effective implementation of the measures. _________________ 35 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
Amendment 335 #
2021/0206(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The financial envelope of the Fund should, in principle, be commensurate to amounts corresponding to 25% of the expected revenues from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC in the period 2026-2032. Pursuant to Council Decision (EU, Euratom) 2020/205341 , Member States should make those revenues available to the Union budget as own resources. Member States are to finance 50% of the total costs of their Plan themselves. For this purpose, as well as for investment and measures to accelerate and alleviate the required transition for citizens negatively affected, Member States should inter alia use their expected revenues from emissions trading for buildings and road transport under Directive 2003/87/EC for that purpose. Moreover, the financial envelope should be reinforced by using additional revenues from a higher carbon price generated by the extension of the scope of Directive 2003/87/EC to buildings and road transport. In the event of a higher carbon price, additional revenues should automatically finance the Fund. _________________ 41 Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1).
Amendment 342 #
2021/0206(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) To ensure that financial support provided by the Fund can reach vulnerable households, vulnerable micro- enterprises, vulnerable transport users in the initial years of the entry into force of the Fund, Member States, upon a request submitted together with the Social Climate Plan, can receive an amount of up to 13% of their financial allocation in the form of pre-financing within two months after the adoption by the Commission of the legal commitments;
Amendment 356 #
2021/0206(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to ensure an efficient, transparent and coherent allocation of funds and to respect the principle of sound financial management, actions under this Regulation should be consistent with and be complementary to ongoing Union programmes, whilst avoiding double funding from the Fund and other Union programmes for the same expenditure. In particular, the Commission and the Member State should ensure, in all stages of the process, effective coordination in order to safeguard the consistency, coherence, complementarity and synergy among sources of funding. To that effect, Member States should be required to present the relevant information on existing or planned Union financing when submitting their plans to the Commission. Financial support under the Fund should be additional to the support provided under other Union programmes and instruments. Measures and investment financed under the Fund should be able to receive funding from other Union programmes and instruments provided that such support does not cover the same costs.
Amendment 363 #
2021/0206(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to facilitate the preparation of the Social Climate Plan and to ensure transparent rules for monitoring and evaluation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of setting out the template based on which Member States shall prepare their Social Climate Plans and the common indicators for reporting on the progress and for the purpose of monitoring and evaluation of the implementation of the Plans. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 368 #
2021/0206(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The implementation of the Fund should be carried out in line with the principle of sound financial management, including the protection of the Union budget in the case of breaches of the principles of the rule of law, the effective prevention and prosecution of fraud, tax fraud, tax evasion, corruption and conflicts of interest.
Amendment 395 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The measures and investments supported by the Fund shall benefit households, micro-enterprises and transport users, which are vulnerable and particularly affected by the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC, especially households in energy poverty and citizens without public transport alternative to individual cars (in remote and rural areas)in mobility poverty.
Amendment 413 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
The general objective of the Fund is to contribute to thea socially fair transition towards climate neutrality notably by addressing the social impacts of the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC. The specific objective of the Fund is to support vulnerable households, vulnerable micro- enterprises and vulnerable transport users through temporary direct income support and through measures and investments intended to increase energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport with the objective to gradually phase out fossil fuels dependence.
Amendment 444 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘energy poverty’ means energy povertya household’s lack of access to essential energy services that underpin a decent standard of living and health, including adequate warmth, cooling, lighting, and energy to power appliances, in the relevant national context, existing social policy and other relevant policies as defined in point [(49)] of Article 2 of Directive (EU) [yyyy/nnn] of the of the European Parliament and of the Council50 ; _________________ 50 [Directive (EU) [yyyy/nnn] of the of the European Parliament and of the Council (OJ C […], […], p. […]).] [Proposal for recast of Directive 2012/27/EU on energy efficiency]
Amendment 447 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) ‘mobility poverty’ means households that have a disproportionate share of mobility expenditure to their disposable income or a limited availability of affordable public or alternative modes of transport required to meet essential socio-economic needs, with a particular focus on households in rural, insular, outermost regions, mountainous, remote and less accessible areas or less developed regions or territories, including less developed (peri-)urban areas, caused by one or a combination of factors: high fuel prices, the phase-out of internal combustion engine cars, high costs for the replacement of internal combustion engine cars with zero-emission cars, high- costs or lack of availability of adequate, affordable public or alternative modes of transport;
Amendment 468 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘vulnerable households’ means households in energy poverty or households, including lower middle- income onehouseholds, that are significantly affected by the transition towards climate neutrality, especially the price impacts of the incluextension of buildings into the scope of Directive 2003/87/EC to buildings and road transport and lack the means to renovate the building they occupy;
Amendment 479 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘vulnerable micro-enterprises’ means micro-enterprises that are significantly affected by the transition towards climate neutrality, especially the price impacts of the incluextension of buildings into the scope of Directive 2003/87/EC to buildings and road transport and lack the means to renovate the building they occupy or to purchase zero- and low-emission vehicles;
Amendment 500 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘vulnerable transport users’ means transport users, including from lower middle-income households, that are significantly affected by the price impacts of the inclusion of road transport intotransition towards climate neutrality and at risk of mobility poverty, especially because of the price impacts of the extension of the scope of Directive 2003/87/EC to road transport and lack the means to purchase zero- and low- emission vehicles or to switch to alternative sustainable modes of transport, including public transport, particularly in rural and remote areas and outermost regions.
Amendment 516 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall prepare, in consultation with the relevant stakeholders listed in Article 8, paragraph 1 of Regulation (EU) 2021/1060 such as social partners, local and regional authorities and submit to the Commission a Social Climate Plan (‘the Plan’) together with the update to the integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Article. The Plan shall contain a coherent set of measures and investments to address the impact of the transition towards climate neutrality, especially energy and mobility poverty including the impact of carbon pricing on vulnerable households, vulnerable micro-enterprises and vulnerable transport users in order to ensure affordable heating, cooling and mobility while accompanying and accelerating necessary measures to meet the climate targets of the Union.
Amendment 535 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Plan may include national measures providing temporary direct income support to vulnerable households and households that are vulnerable transport users to reduce the impact of the increase in the price of fossil fuels and especially resulting from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC.
Amendment 581 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) detailed quantitative and qualitative information on energy and mobility poverty concerning the following: a mapping of vulnerable households, vulnerable micro-enterprises and vulnerable transport users identified at the start of the Plan, on the basis of the definition in Article 2;
Amendment 599 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) an estimate of the likely effects of that increase in prices on households, and in particular on incidence of energy poverty and mobility poverty, on micro- enterprises and on transport users, comprising in particular an estimate and the identification of vulnerable households, vulnerable micro- enterprises and vulnerable transport users; these impacts are to be analysed with a sufficient level of regional disaggregation, taking into account elements such as access to public transport and basic services and identifying the areas mostly affected, particularly territories which are remote such as outermost regions and rural;
Amendment 602 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) indicative national targets and objectives to reduce the number of vulnerable households, vulnerable micro- enterprises and vulnerable transport users over the duration of the Plan, including an indicative timetable with intermediary targets and objectives;
Amendment 609 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) where the Plan provides for measures referred to in Article 3(2), the criteria for the identification of eligible final recipients, the indication of the envisaged time limit for the measures in question and their justification on the basis of a quantitative estimate and a qualitative explanation of how the measures in the Plan are expected to reduce energy and transportmobility poverty and the vulnerability of households, micro-enterprises and transport users to an increase of road transport and heating fuel prices;
Amendment 632 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) the arrangements for the effective monitoring and implementation of the Plan by the Member State concerned, to be undertaken in consultation with the relevant stakeholders listed in Article 8, paragraph 1 of Regulation (EU)2021/1060 such as social partners, local and regional authorities, in particular of the proposed milestones and targets, including indicators for the implementation of measures and investments, which, where relevant, shall be those available with the Statistical office of the European Union European Statistical Office and the European Energy Poverty Observatory as identified by Commission Recommendation 2020/156354 on energy poverty; _________________ 54 OJ L 357, 27.10.2020, p. 35.
Amendment 645 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The Commission shall be empowered to adopt, within three months after the entry into force of this Regulation, a delegated act in accordance with Article 25 to supplement this Regulation in order to set out a template based on which Member States shall prepare their Social Climate Plan.
Amendment 668 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
(d) greenhouse gas emissions reductions and gradually ending the fossil fuel dependence;
Amendment 675 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point e
Article 5 – paragraph 2 – point e
(e) reductions in the number of vulnerable households, especially households in energy poverty and mobility poverty, of vulnerable micro-enterprises and of vulnerable transport users, including in rural and remote areas and outermost regions.
Amendment 726 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) support building renovations, especially for those occupying worst- performing buildings, with a special attention to tenants, including in the form of financial support or fiscal incentives such as deductibility of renovation costs from the rent, independently of the ownership of the buildings concerned and support for renovation of social housing;
Amendment 738 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) contribute to the decarbonisation, including the electrification, of heating and cooling of, and cooking in, buildings and the integration of energy from renewable sources that contribute to the achievements of energy savings including subsidies and zero-interest loans to invest in products and services to increase the energy efficiency of buildings and to integrate renewable energy sources in buildings;
Amendment 782 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f
Article 6 – paragraph 2 – point f
(f) support public and private entities in developing and providing affordable zero- and low-emission mobility and transport services and the uptake of attractive active mobility options for rural, insular, mountainous, remote and less accessible areas, including the outermost regions or for less developed regions or territories, including less developed peri- urban areas.
Amendment 819 #
2021/0206(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States may include into the estimated total costs financial support provided to public or private entities, strictly excluding financial intermediaries, other than vulnerable households, vulnerable micro-enterprises and vulnerable transport uses, if those entities carry out measures and investments ultimately benefitting vulnerable households, vulnerable micro- enterprises and vulnerable transport users. Such entities shall comply with the requirements on visibility set out in Article 22a.
Amendment 843 #
2021/0206(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The financial envelope for the implementation of the Fund for the period 2028-20325 shall be EUR 48 500 000 000 in current prices, subject to the availability of the amounts under the annual ceilings of the applicable multiannual financial framework referred to in Article 312 TFEUdetermined during the negotiations of the next multiannual financial framework, but shall not be set at a level lower than EUR 48 500 000 000.
Amendment 845 #
2021/0206(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The financial envelope for the implementation of the Fund for the period 2028-2032 shall be EUR 48 500 000 000 in current prices, subject to the availability of the amounts under the annual ceilings of the applicable multiannual financial framework referred to in Article 312 TFEU.
Amendment 851 #
2021/0206(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Each year, the programmed baseline allocation in the EU budget should be reinforced in case there is any increase of the carbon price, as this raise would create additional burden on the vulnerable households and microenterprises as well as vulnerable transport users. Such annual reinforcements should correspond to the carbon price increase and be accommodated within the MFF by means of an automatic ‘upward adjustment’ of the ceiling of Heading 3 and the payment ceiling, the mechanism for which is to be provided for in the MFF regulation according to Article 312 TFEU.
Amendment 886 #
2021/0206(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Support under the Fund shall be additional to the support provided under other Union and national funds, programmes and instruments. Measures and investments supported under the Fund may receive support from other Union funds, programmes and instruments provided that such support does not cover the same cost.
Amendment 898 #
2021/0206(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 915 #
2021/0206(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. By way of derogation from the first paragraph, the contribution of Member States with GDP per capita lower than 75 % of the EU-27 average shall be limited to a maximum of 40 percent of the total estimated costs;
Amendment 930 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point i
Article 15 – paragraph 2 – point a – point i
(i) whether the Plan represents a response to the social impact on and challenges faced by vulnerable households, vulnerable micro-enterprises and vulnerable transport users in the Member State concerned from establishthe transition towards climate neutrality, especially from extending the emission trading system forto buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC, especially households in energy poverty and mobility poverty, duly taking into account the challenges identified in the assessments of the Commission of the update of the concerned Member State’s integrated national energy and climate plan and of its progress pursuant to Article 9(3), and Articles 13 and 29 of Regulation (EU) 2018/1999, as well as in the Commission recommendations to Member States issued pursuant to Article 34 of Regulation (EU) 2018/1999 in view of the long-term objective of climate neutrality in the Union by 2050. This shall take into account the specific challenges and the financial allocation of the Member State concerned;
Amendment 940 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point ii a (new)
Article 15 – paragraph 2 – point a – point ii a (new)
(iia) whether the Plan is expected to ensure that no measure or investment included in the Plan does benefit micro- enterprises that do not respect applicable working conditions resulting from relevant national labour law and collective agreements;
Amendment 952 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b – point i
Article 15 – paragraph 2 – point b – point i
(i) whether the Plan is expected to have a lasting impact on the on the EU’s 2030 target, on climate neutrality and on the challenges addressed by that Plan and in particular on vulnerable households, vulnerable micro- enterprises and vulnerable transport users, especially households in energy poverty and mobility poverty, in the Member State concerned;
Amendment 978 #
2021/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. On the basis of the assessment in accordance with Article 15, the Commission shall decide on the Plan of a Member State, by means of an implementing act, within sixthree months from the date of the submission of that Plan pursuant to Article 3(1) of this Regulation.
Amendment 980 #
2021/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point b
Article 16 – paragraph 1 – subparagraph 1 – point b
(b) the Union financial allocation allocated in accordance with Articles 13 and 13a of this Regulation to be paid in pre-financing and instalments once the Member State has satisfactorily fulfilled the relevant milestones and targets identified in relation to the implementation of the Plan, which shall be subject, for the period 2028-2032, to the availability of the amounts referred to in Article 9(2) of this Regulation under the annual ceilings of the multiannual financial framework referred to in Article 312 TFEU;
Amendment 992 #
2021/0206(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where a Social Climate Plan, including relevant milestones and targets, is no longer achievable, either in whole or in part, by the Member State concerned because of objective circumstances, in particular because of the actual direct effects of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC, the Member State concerned may, in consultation with the relevant stakeholders listed in Article 8, paragraph 1 of Regulation (EU) 2021/1060 such as social partners, local and regional authorities, submit to the Commission an amendment of its Plan to include the necessary and duly justified changes. Member States may request technical support for the preparation of such request.
Amendment 1009 #
2021/0206(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. After the Commission has adopted a decision as referred to in Article 16, it shall in due time conclude an agreement with the Member State concerned constituting an individual legal commitment within the meaning of Regulation (EU, Euratom) 2018/1046 covering the period 20254-2027. That agreement may be concluded at the earliest one year before the year of the start of the auctions under Chapter IVa of Directive 2003/87/EC.
Amendment 1028 #
2021/0206(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. In implementing the Fund, the Member States, as beneficiaries of funds under the Fund, shall take all the appropriate measures to protect the financial interests of the Union and to ensure that the use of funds in relation to measures and investments supported by the Fund complies with the applicable Union and national law, in particular regarding the protection of the Union budget in the case of breaches of the principles of the rule of law, the prevention, detection and correction of fraud, corruption and conflicts of interests. To this effect, the Member States shall provide an effective and efficient internal control system as further detailed in Annex III and the recovery of amounts wrongly paid or incorrectly used. Member States may rely on their regular national budget management systems.
Amendment 1030 #
2021/0206(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. In implementing the Fund, the Commission shall take all the appropriate measures in accordance with Regulation (EU, Euratom) 2020/2092 to ensure the protection of funds in relation to measures and investments supported by the Fund in the case of breaches of the principles of the rule of law in the Member States. The Commission shall provide, to that effect, an effective and efficient internal control system and the recovery of amounts wrongly paid or incorrectly used.
Amendment 1047 #
2021/0206(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 1051 #
2021/0206(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22 a Visibility of Union funding 1. Each Member State and each intermediary entities benefiting from support under Article 8 shall ensure: (a) the visibility for final beneficiaries of Union support in all activities relating to operations supported by the Fund including by displaying the emblem of the Union and an appropriate funding statement that reads “funded by the European Union - Social Climate Fund” on documents and communication material; (b) communication to Union citizens of the role and achievements of the Fund through a single EU website portal in all official Member States languages, providing access to all programmes involving that Member State; (c) a short description of the operation, proportionate to the level of support, including its aims and results, and highlighting the financial support from the Union to be provided on their official website and social media sites, where such sites exist; (c) the display for operations involving physical investment or equipment durable plaques or billboards clearly visible to the final beneficiaries and the public, that present the emblem of the Union, as soon as the physical implementation of operations involving physical investment starts or purchased equipment is installed; (d) communication for operations involving financial instruments, including for temporary direct income support in accordance with Article 6(1), the amount of support from the Fund to the final recipients.
Amendment 1058 #
2021/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) detailed quantitative information on the number of households in energand micro- enterprises in energy poverty and mobility poverty;
Amendment 1063 #
2021/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) when applicable, detailed information on progress towards the national indicative targets and objectives to reduce the number of households in energand micro-enterprises in energy poverty and mobility poverty;
Amendment 1088 #
2021/0206(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. By 1 July 20287, the Commission shall provide the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions with an evaluation report on the implementation and functioning of the Fund.
Amendment 1103 #
2021/0206(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The power to adopt delegated acts referred to in Article 4(2a) and 23(4) shall be conferred on the Commission for an indeterminate period of time.
Amendment 3 #
2020/2222(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges that the need to respond swiftly and effectively to a crisis often has a direct impact on the balance between the different powers of the state and recognises that governments and local authorities may be forced to adopt emergency measures with less public consultation than would generally be expected; recalls attention to thehowever that great importance ofshould be given upholding an effective system of checks and balances for all actions taken in response to an emergency;
Amendment 10 #
2020/2222(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is of the opinion thatUnderlines that during the response to the current COVID-19 crisis may have, there has been an increased the risk and instances of corruption; believeof corruption, confirmed by high-level prominent cases in some Member States; highlights that the response to the COVID- 19 crisis is also a reminder thatmust abide by the highest standards of openness, transparency, accountability and law enforcement, ares essential components of democratic governance;
Amendment 17 #
2020/2222(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls the importance of preventive measures for mitigating risks associated to corruption in developing strategies and mechanisms of public procurement; calls on the Commission and Member State authorities to enhance existing and develop new dedicated mechanisms for special and crisis situations, with a particular focus on preventive measures; highlights that in this regard, the importance of enhancing the use of risk mitigating tools such as ARACHNE for both EU and national funds; reiterates its calls on the Commission to make the use of ARACHNE mandatory for EU funding;
Amendment 21 #
2020/2222(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that corruption in general undermines the functioning of the state and public authorities at all levels and is one of the key enablers of organised crime; emphasises that effective anti-corruption frameworks and transparency and integrity in the exercise of state power can strengthen legal systems and trust in public authorities and democratic processes; calls on all Member States to update or develop their national anti-corruption strategies, with dedicated sections to spending public money in times of crisis;
Amendment 23 #
2020/2222(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that the incorrect management of public funds and ineffective responses to a crisis may intensify growing distrust in government; believes that the public has the right to be informed and to be provided with up-to- date, transparent and reliable information and data during crises; regrets that during the Covid-19 pandemic, several Member States adopted measures that hampered public access to documents; underlines that in this context, media professionals experienced important difficulties and unmotivated denials, as well as pressure and threats concerning access to public documents; recalls the role of the free press as a key component of a functional democracy and stresses the importance of protection mechanisms at national and European level in order to preserve and strengthen a free media; recalls that timely public access to documents in a machine-readable format is a key component to ensuring transparency and scrutiny of public spending;
Amendment 28 #
2020/2222(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the critical role of civil society organisations in fighting corruption; emphasises that the success of any emergency response greatly depends on the active participation of all actors in society; believes that the current COVID- 19 crisis has highlighted the importance of maintaining a robust system of citizen participation in public decision-making; regrets that, during the COVID-19 crisis, several Member States adopted emergency legislation imposing restrictive measures on the activities of the civil society, beyond the proportionate necessities called for by the situation; urges Member States to develop comprehensive crisis management plans in order to prepare for future similar situations and to include safeguards for the civil society's role of public watchdog;
Amendment 30 #
2020/2222(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Underlines the essential role of the EPPO within the EU framework for preventing and fighting corruption; calls on remaining non-participating Member States to collaborate and eventually join the EPPO; highlights that Member States can benefit from valuable expertise by actively collaborating with the EPPO; recalls the need of ensuring proper human and budgetary resources for the proper functioning of the Office;
Amendment 31 #
2020/2222(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Highlights that the respect for the rule of law and a fully independent judiciary are essential for preventing and fighting corruption and that upholding them is crucial in periods of crisis; underlines that for their efficient operation, Member States should do a comprehensive evaluation of the equipment and human resources needs of law enforcement authorities, taking into account the rapid evolution and diversification of irregular and illegal paths; recalls the importance of effective information flows and enhanced communication between the different relevant national authorities, as well as at European level; calls on the Member States to take the necessary measures for providing law enforcement with the necessary IT tools and resources for enhancing their cooperation in preventing and fighting corruption;
Amendment 38 #
2020/2222(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States to follow the recommendations of the Group of States against Corruption (GRECO)Reminds that the Group of States against Corruption (GRECO) issued several recommendations concerning the use of public money in crisis situations, in the context pf the COVID-19 pandemic; calls on the Member States to follow all of the GRECO recommendations and welcomes the possibility of the EU joining GRECO as a full member.
Amendment 8 #
2020/2134(INI)
Draft opinion
Recital B
Recital B
B. whereas the EU is fightingmust continue to increase its fight against climate change through ambitious policies at home and close cooperation with international partners;
Amendment 9 #
2020/2134(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas in 2019 alone, over 300 environmental and rights defenders around the world were killed for their work, 40 % of whom were working on land rights, indigenous peoples’ rights and environmental rights; whereas land, environmental and indigenous peoples’ rights remained the most dangerous sector of human rights defence due to the exploitation of natural resources combined with corruption, weak governance and systemic poverty; whereas female defenders, often unable to own land or participate in decision- making processes, face systematic and structural discrimination and violence and are at particular risk;
Amendment 14 #
2020/2134(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Amendment 19 #
2020/2134(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
B c. whereas private and corporate actors have the obligation to address the human rights implications of climate change, in line with the UN Guiding Principles on Business and Human Rights, and play an important role in fostering civic space and promoting an enabling environment for environmental defenders;
Amendment 21 #
2020/2134(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Acknowledges the inevitable link between environmental change and human rights;
Amendment 23 #
2020/2134(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges the crucial role of human rights defenders and their legal representatives; deplores the fact that environmental defenders are facing threats of violence in defending land, indigenous peoples’ and environmental rights; deplores the fact that environmental defenders are facing increasing levels of harassments and violence; particularly highlights the work of and condemns the risks for female environmental defenders;
Amendment 28 #
2020/2134(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Reiterates that the obligation of states in protecting citizens’ rights is clearly laid out in international law; calls on the Commission and its Member States to protect the rights of defenders of environmental human rights in the EU and worldwide, specifically protecting freedom of expression and media freedom and pluralism in the context of environmental rights, and to ensure the safety and protection of journalists; calls on the EU and its Member States to take all measures necessary to create a safe and enabling environment for women environmental defenders;
Amendment 53 #
2020/2134(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Supports the Commission in strengthening democracy, the rule of law and human rights in the EU’s external action and in developing initiatives to combat organised crime, illegal land grabs and deforestation; strongly supports the work regarding development of stable institutions and enforceable justice and the promotion of good governance in the countries concerned;
Amendment 65 #
2020/2134(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates its position that all relevant EU policies, instruments and tools, including trade agreements, as well as development aid and visa policies should be linked with cooperation andon the prerequisite of respect for the rule of law and the principles of good governance, without harming final beneficiaries; believes that this cooperation should be based on the ‘more for more’ principle and that insufficient cooperation, intimidation, repression and violence against indigenous people and environmental defenders should result in a reduction in or suspension of external aid and support, without affecting humanitarian aid;
Amendment 67 #
2020/2134(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recalls the obligation of the EU and its Member States to regulate corporations operating in the Union in order to safeguard human rights; stresses how this includes creating avenues for accountability and judicial redress;
Amendment 70 #
2020/2134(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Welcomes the Commission’s commitment to adopt a legislative proposal on EU-wide due diligence requirements for businesses to identify, prevent, mitigate and account for abuses of human rights, including the rights of the child and fundamental freedoms, serious bodily injury or health risks, environmental damage, including with respect to climate; stresses the importance of revising the Directive on Environmental Liability, notably with regards to enhancing enforcement, in order to ensure liability of EU businesses for environmental damage;
Amendment 74 #
2020/2134(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for the EU and its Member States to provide financial and technical assistance for indigenous people, refugees and displaced people, as well as environmental defenders, in hosting communities;
Amendment 83 #
2020/2134(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Supports a human rights-based approach to migration governance in third countries and to the EU, including the creation of legal pathways to the EU as well as the strengthening of the capacity of states, civil society and UN partners to implement this approach.
Amendment 11 #
2020/2072(INL)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the United Nations Convention against Corruption;
Amendment 12 #
2020/2072(INL)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
Amendment 56 #
2020/2072(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union (TEU); whereas those values are values which are common to the Member States and to which all Member States have freely subscribed; whereas those values are based on objective criteria;
Amendment 61 #
2020/2072(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the rule of law has been proclaimed as a basic principle at universal level by the United Nations;
Amendment 79 #
2020/2072(INL)
Motion for a resolution
Recital C
Recital C
C. whereas breaches of the values referred to in Article 2 TEU without proper response and consequences on European level weaken the cohesion of the European project, the rights of all Union citizens and mutual trust among the Member States;
Amendment 86 #
2020/2072(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas the worrying state of media freedom and pluralism in the Union should be addressed more vigorously; whereas the announcement of the inclusion of a dedicated chapter for media freedom and pluralism in the Annual Rule of Law Report was strongly welcomed;
Amendment 96 #
2020/2072(INL)
Motion for a resolution
Recital F
Recital F
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and local authorities; whereas therefore an adequate European funding is necessary to the civil society particularly through the Citizens, Equality, Rights and Values programme;
Amendment 115 #
2020/2072(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. emphasises the urgent need for the Union to develop a robust, comprehensive and positive agenda for protecting and reinforcing democracy, the rule of law and fundamental rights for all itsEuropean citizens effectively; insists that the Union must remain a champion of freedom and justice in Europe and the world;
Amendment 125 #
2020/2072(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and, the economic recession, and malicious interference, disinformation and diminishing media pluralism as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s political and legal order, the functioning of its single market, the effectiveness of its common policies and its international credibility;
Amendment 130 #
2020/2072(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. recognisealls that so far the Union remainsand its institutions have been structurally ill- equipped to tackle democratic and rule of law backsliding in the Member States; regrets that the Commission did not consider it necessary to open Article 7 TEU procedures in the case of Hungary despite the emerging signs since 2010; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures regarding Poland and Hungary; notes with concern the disjointed nature of the Union’s toolkit in that field;
Amendment 149 #
2020/2072(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. welcomes the Commission’s work on the Annual Rule of Law Report; welcomes that besides the rule of law, corruption and media freedom is part of the annual assessment; notes, however, that it fails to encompass the most of the areas of democracy and fundamental rights; particularly regrets that the freedom of association and the shrinking space of civil society is not incorporated in the procedure; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of Union values becomes a permanent and visible part of the Union agenda;
Amendment 166 #
2020/2072(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. underlines that the Annual Monitoring Cycle must be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States, contain country- specific recommendations, with clear timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be targeted and concrete, and linked to concrete Union enforcement measures;
Amendment 173 #
2020/2072(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Takes the view that an ambitious Mechanism should also aim at effectively upholding press freedom and media pluralism thus leading to concrete improvements for journalists and the media sector;
Amendment 191 #
2020/2072(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. recalls the indispensable role played by civil society, national human rights institutions and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating implementation; points out that the accreditation status of national human rights institutions and the space for civil society may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle; reiterates its call on the Commission to provide an adequate European funding to the civil society, particularly though the Citizens, Equality, Rights and Values programme;
Amendment 207 #
2020/2072(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. is of the view that, in the long-term, strengthening the Union’s ability to promote and defend its constitutional core will require deepening the European integration and a Treaty change; looks forward to the reflection and conclusions of the Conference on the Future of Europe in that regard;
Amendment 1 #
2020/2026(INL)
Draft opinion
Recital A
Recital A
A. non-profit organisations (NPOs) are increasingly involved in economic activities and contribute to the rapid development of the social economy including by engaging with citizens to better understand their needs and empower them, bringing societal benefits in terms of citizens welfare, the fight against climate change, quality employmentand inclusive employment at local, national and European level, including for persons with disabilities and persons belonging to marginalised communities and the fight against social exclusion and discrimination; whereas the development of the social economy directly contributes to the strengthening of the single market;
Amendment 5 #
2020/2026(INL)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. The COVID-19 pandemic demonstrated NPOs’ central role in providing information and support to citizens, and highlighted their important role in providing care, including medical and social, especially to vulnerable and marginalized people and communities;
Amendment 6 #
2020/2026(INL)
Draft opinion
Recital B
Recital B
B. NPOs play a central role in democracy by exercising public oversight over political power, articulating aspirationnd relaying aspirations and interests present in society, carrying out advocacy, contributing to informed policy- making and fostering active citizenshipwith their expertise and knowledge of the ground and fostering active and responsible citizenship leading to increased public debate and pluralism in society; whereas, to this end, civil society organisations must benefit from an enabling environment that allows them to thrive throughout the Union;
Amendment 13 #
2020/2026(INL)
Draft opinion
Recital C
Recital C
C. Article 11 TEU acknowledges the role of NPOs in democratic life and specifies that institutions shall give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action, and that institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society;
Amendment 14 #
2020/2026(INL)
Draft opinion
Recital D
Recital D
D. Article 12 of the Charter of Fundamental Rights guarantees the right to freedom of association at all levels; whereas, according to the case-law of the European Court of Human Rights, freedom of association constitutes one of the essential bases of a democratic and pluralist society, inasmuch as it allows citizens to act collectively in fields of mutual interest; whereas barriers to the development of cross-border civic action are of a nature as to significantly limit the attainment of this objective
Amendment 17 #
2020/2026(INL)
Draft opinion
Recital E
Recital E
E. Restrictions of the space in which they operatcivic space have been reported by NPOs throughout the Union, related to the regulatory environment under which they operate with (changes in) legislation that affect their work, their finances and funding, their right to participation with increasing difficulties in accessing decision-makers and providing input into law- and policy- making and to an unsafe environment with increasing attacks and harassment, including negative discourse aimed at delegitimising and stigmatising NPOs;
Amendment 21 #
2020/2026(INL)
Draft opinion
Recital F
Recital F
F. IThe European Court of Human Rights has recognized that the state has a positive obligation to secure the enjoyment of the right to freedom of association and found that “genuine and effective respect for freedom of association cannot be reduced to a mere duty on the part of the State not to interfere", whereas in its judgment in Case C-78/181 , the Court of Justice held that freedom of association does not only include the ability to create or dissolve an association but also covers the possibility for that association to act in the meantime; _________________ 1Judgment of the Court of Justice of 18 June 2020, Commission v Hungary, C- 78/18, ECLI:EU:C:2020:476, paragraph 113.
Amendment 23 #
2020/2026(INL)
Draft opinion
Recital G
Recital G
G. The Court of Justice of the European Union has produced concrete case law2 on the principles of non- discrimination and free movement of capital applied to cross-border donations; whereas and organisations established in another Member State; whereas despite this guidance from the Court, these principles are still not universally applied in Member States and the Commission has not put forward positive steps to address this at EU level. _________________ 2Judgment of the Court of 14 September 2006, Centro di Musicologia Walter Stauffer v Finanzamt München für Körperschaften, C-386/04, ECLI:EU:C:2006:568, Judgment of the Court of 27 January 2009, Hein Pershe v Finanzamt Lüdenscheid, C-318/07, ECLI:EU:C:2009:33 and Judgment of the Court of 10 February 2011, Missionswerk Werner Heukelbach eV v Belgian State, C- 25/10, ECLI:EU:C:2011:65.
Amendment 25 #
2020/2026(INL)
Draft opinion
Recital G a (new)
Recital G a (new)
G a. One third of the EU population lives in regions close to internal borders between Member States with an increasing number of cross-border initiatives however often hampered by discrepancies in the regulatory environment and development of the nonprofit sector on both sides of a border;
Amendment 38 #
2020/2026(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the long-overdue creation of a Statute for European Associations is a crucial step in fostering civic space at Union level, cross-border cooperation and dialogue, exchanges between citizens and reflection on common history and values; points out that such a Statute would help European civil society to structure itself, in particular by facilitating the development of European networks; considers that European Associations could be instrumental in enhancing civic participation in Union policy-making;
Amendment 41 #
2020/2026(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that, in light of the growing number of threats which transcend national boundaries such as environmental damages, pandemics or the misuse of digital technologies, the potential of cross- border NPO activities should be unlocked in order for them to best harness their local, national and EU-level expertise so as to further strengthen their role in the protection and promotion of fundamental rights, the fight against discrimination and the support of citizens, especially marginalized and vulnerable people; emphasises that cross-border activities should both mean activities or cooperation carried out in more than one Member State and activities furthering the Union’s objectives or contributing to the promotion and safeguarding of its values;
Amendment 49 #
2020/2026(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that NPOs cannot thrive at Union level if the space in which they operate is being eroded or deliberately restricted in a number of Member States; considers therefore that the setting of common minimum standards for rules and procedures applying to NPOs will also help to provide a minimum level of protection throughout the Union and to spread best practices; from national regulations or practices which affect freedom of association and to spread best practices; calls in particular for ensuring that reporting and transparency requirements imposed on NPOs respect the principles of necessity and proportionality so as to enable public scrutiny without imposing unduly burdensome requirements;
Amendment 69 #
2020/2026(INL)
Draft opinion
Paragraph 9
Paragraph 9
9. Emphasises that national bodies designated for the oversight of NPOs must be legally distinct and functionally independent of their respective governments and of any other public or private body.
Amendment 7 #
2020/2011(INI)
Draft opinion
Recital A
Recital A
A. whereas Roma are Europe’s largest ethnic minority of which approximately 6 million lives in the EU; whereas about 80 % of Roma live below their country’s at-risk-of-poverty threshold; 43 % of Roma are in some form of paid employment1 ; whereas 63 % of young Roma (aged 16-24) are not in education, employment or training (NEET)2 ; whereas the increasing share of Roma NEETs was an area where the situation had deteriorated in 2016 compared to 20113 ; _________________ 1European Commission, 2019 Report on National Roma Integration Strategies: Key Conclusions, p. 3. 2Report on the implementation of national Roma integration strategies – 2019, COM(2019)0406, p. 4. 3 Roma inclusion measures reported under the EU framework for NRIS, SWD(2019) 320 final, PART 1/2, p. 18.
Amendment 14 #
2020/2011(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the General Policy Recommendation No. 13 of the European Commission Against Racism and Intolerance (ECRI);
Amendment 19 #
2020/2011(INI)
Draft opinion
Recital B
Recital B
B. whereas one third of Roma households do not have tap water, just over half have an indoor flush toilet or shower, and 78 % of Roma live in overcrowded housing4 ; _________________ 4European Commission, 2019 Report on National Roma Integration Strategies: Key Conclusions, p. 6.whereas the majority of Roma communities, in particular in Central and Eastern Europe, live in segregated settlements, facing spatial segregation and many of these communities are disproportionally exposed to environmental degradation and pollution stemming from waste dumps and landfills, contaminated sites, or dirty industries4a; _________________ 4European Commission, 2019 Report on National Roma Integration Strategies: Key Conclusions, p. 6. 4aEuropean Environmental Bureau report, 2020, Pushed to the wastelands. Environmental racism against Roma communities in Central and Eastern Europe, p 6
Amendment 20 #
2020/2011(INI)
Draft opinion
Recital B
Recital B
B. whereas Roma communities are most vulnerable, they are often live in slum settlements excluded from society and in substandard conditions whereas one third of Roma households do not have tap water, just over half have an indoor flush toilet or shower, and 78 % of Roma live in overcrowded housing4 ; _________________ 4European Commission, 2019 Report on National Roma Integration Strategies: Key Conclusions, p. 6.
Amendment 27 #
2020/2011(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas most people with Romani background are deprived of their fundamental human rights in all areas of life;
Amendment 28 #
2020/2011(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Amendment 33 #
2020/2011(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
C b. whereas poor transport infrastructure, a dearth of public administrative bodies and services, in particular of high-quality educational institutions and health provision aggravate regional disparities and ghettoisation;
Amendment 35 #
2020/2011(INI)
Draft opinion
Recital C c (new)
Recital C c (new)
C c. whereas Roma are at increased risk of contracting COVID-19 and are at extreme risk of suffering negative consequences of the COVID-19 crisis regarding access to healthcare, education, social benefits, including unemployment benefits, or any other measures which are aiming at mitigating the impact of coronavirus;
Amendment 36 #
2020/2011(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the fact that Roma are one of the minority groups in Europe that face the highest rates of poverty and social exclusion; notes with regret that despite measures introduced in the last decade,economic prosperity in the EU and despite the EU Framework for National Roma Integration Strategies and the Cohesion Funds measures introduced in the last decade, the overall situation of the Roma in the EU has stagnated; progress in the areas of housing, employment, education and healthcare has been very limited; calls on local authorities and governments to single out a and in some fields even regressed often due to the lack of political will; therefore calls on the Commission to lead by example and introduce a “Roma mainstreaming policy” in order to integrate the Roma perspective at all stages and levels of policies, programmes and priority the implementation of the National Roma Integration Strategies (NRIS)ojects particularly the Recovery Plan, the new Multiannual Financial Framework for 2021-2027, the European Green Deal, the new Common Agricultural Policy, the Just Transition Fund, the New Skills Agenda for Europe, the European Digital Strategy, the SME Strategy for a sustainable and digital Europe; calls on the Commission to prevent discrimination in EU policies in general and to facilitate affirmative action; calls on the Member States also to to follow this path and create policies which help the active inclusion of Roma into our societies;
Amendment 48 #
2020/2011(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to set out binding objectives, measures and targets for the Member States, a clear timeline and clear and binding progress requirements, as well as success indicators and adequate funding for the implementation of the next EU Framework for National Roma Integration Strategy; calls on local authorities and governments to single out as a priority the implementation of the National Roma Integration Strategies (NRIS);
Amendment 51 #
2020/2011(INI)
Motion for a resolution
Recital B
Recital B
B. whereas deeply rooted, persistent, and structural antyd often institutional and governmental anti-gypsyism continues to exist at all levels of European society and manifests itself on a daily basis;
Amendment 53 #
2020/2011(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas anti-gypsyism has resulted in unacceptable levels of inequality for people with Romani background in the field of housing, schooling, health status, and their social and labour-market situation, which often perpetuate their exclusion and racism against them, and whereas EU Member States do not show determination to break the vicious circle of anti-gypsyism, to safeguard equality and non- discrimination for their citizens with Romani background, and to grant the full enjoyment of their fundamental human rights;
Amendment 55 #
2020/2011(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Calls on the Commission to ensure the equal participation of Roma civil society organisations, experts and community members, particularly those active at local and regional level in the policy debate and in decision-making;
Amendment 76 #
2020/2011(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and the Member States to ensure that EU budget planning is firmly linked to the Roma inclusion process at EU levelthe Recovery Plan and the new Mulitannual Financial Framework for 2021-2027 is firmly linked to the EU Framework for National Roma Integration Strategies, to its binding targets and to their execution by National Roma Integration Strategies;
Amendment 82 #
2020/2011(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need for an urgent and thorough commitment by the relevant state authorities to the desegregation of Roma pupils in schools, as Roma children are often educated in segregated environments, while the misdiagnosis of Roma children as having special educational needs is still a common discriminatory practice; reminds that the Commission opened infringement procedures on segregation of Roma children in relation to 3 Member States; is of the opinion that the last years have shown no improvement despite the Commission's efforts; therefore calls on the Commission to take further steps and refer these cases to the European Court of Justice;
Amendment 86 #
2020/2011(INI)
Motion for a resolution
Recital C
Recital C
C. whereas a Directivepost-2020 EU Strategic Framework for the Equality and Inclusion of People with Romani Background, developed on the basis of more realistic quantitative and qualitative data, a legislative act with a binding character on the European Union and its Member States, is needed and must be proposed by the Commission;
Amendment 90 #
2020/2011(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls for a redesigned CAP which would enable and promote innovative forms of agricultural work, including social cooperatives for Roma communities, which could also play and important role in creating a fair, healthy and environmentally friendly food system, would contribute to the realisation of the objectives of the and European Green Deal; calls for the promotion and exchange of best practices in this domain among the Member States;
Amendment 103 #
2020/2011(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the equal participation of local and, regional, national and European stakeholders (NGOs, activists, experts, community members, etc.) must be significantly involved in the development, implementation and monitoring of public policies towards people with Romani background, in the post-2020 context;
Amendment 109 #
2020/2011(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights that Roma often work under precarious employment conditions or in atypical employment situations; is strongly of the opinion that the new instrument for temporary Support to mitigate Unemployment Risks in an Emergency (SURE) should be targeting the most vulnerable in the Member States;
Amendment 112 #
2020/2011(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Is of the opinion that the Roma are amongst the most affected by the COVID- 19 pandemics and mostly its economic consequences in Europe; emphasizes that the EU needs to focus on the immediate needs of its citizens, giving quick and adequate answers to the occuring problems is inevitable in order to strengthen cohesion, increase the trust towards EU institutions and also to practise European values particularly solidarity; calls on the Commission to strengthen the Fund for European Aid to the Most Deprived in order to support families with long lasting food products, disinfectants, and information sheets about the virus;
Amendment 115 #
2020/2011(INI)
Motion for a resolution
Recital G
Recital G
G. whereas under COVID-19 lockdowns, the situation of marginalised communities of people of Romani background in overcrowded compounds and settlements is very difficult; whereas people of Romani background do not have access to adequate healthcare, sanitation and food, and are particularly at risk of contracting COVID-19 or of suffering negative economic and societal consequences of the COVID-19 crisis; whereas the Member States must deliver emergency support and medical care in order to limit the spread of the virus; whereas racism, exclusion and discrimination against people of Romani background should be urgently addressed by the Union and its Member States;
Amendment 122 #
2020/2011(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas anti-gypsyist attitudes have been exacerbated during the Covid- 19 pandemic with Romani people being singled out for spreading the virus; whereas there is a critical role of media in decreasing anti-gypsyist attitudes through non-discriminatory coverage of minorities;
Amendment 124 #
2020/2011(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the European Commission’s 2019 report on the implementation of national Roma integration strategies recognises that success factors encompass intersectional, cross-sectoral and integrated approaches to tackle multiple discrimination and multi-dimensional exclusion; whereas the report mentions amongst the priorities the need to support Roma access to justice with a focus on victims of multiple discrimination (women, LGBTI, non- citizen Roma), and reinforcing the capacity of equality bodies to deal with discrimination against Roma;
Amendment 125 #
2020/2011(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls the fact that the Racial Equality Directive6 provides protection and guarantees for equal treatment with regard to access to and supply of goods and services, including housing, which is primarily within the remit of national and regional governments; calls on the Council to unblock negotiatons on the horizontal anti-discrimination directive as it is a prerequisite to achieve equality in the EU; _________________ 6 Article 3(1)(h) of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, OJ L 180, 19.7.2000, p. 22.
Amendment 126 #
2020/2011(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas expert reports on the EU Framework for National Roma Integration Strategies recognise that Roma LGBTI face a range of facets of discrimination: first as people with Romani background, secondly as LGBTI, thirdly as LGBTI persons in Roma communities; whereas some LGBTI people with Romani background may resort to suppressing aspects of their identity as a result;
Amendment 129 #
2020/2011(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Considers that people with Romani background belong to one of the minority groups in Europe that face deprivation of their fundamental human rights, they are subject to anti-gypsyism, a specific form of racism and the highest rates of poverty and social exclusion; notes with regret that despite economic prosperity in the EU and despite the EU Framework for National Roma Integration Strategies and the Cohesion Funds measures introduced in the last decade, the overall situation of the people with Romani background in the EU has stagnated; stresses that progress in the area of education and healthcare has been very limited and in some fields even regressed often due to the lack of political will; therefore calls on the Commission to lead by example and introduce a “Roma mainstreaming policy” in order to integrate the perspective of the people with Romani background at all stages and levels of mainstream policies, programmes and projects particularly the Recovery Plan, the new Multiannual Financial Framework for 2021-2027, the European Green Deal, the new Common Agricultural Policy, the Just Transition Fund, the New Skills Agenda for Europe, the European Digital Strategy, the SME Strategy for a sustainable and digital Europe, and to prevent discrimination at policy areas in the EU policy in general and facilitate affirmative action and active outreach to people with Romani background; calls on the Member States also to follow this path and create policies which help the active inclusion of people with Romani background into our societies;
Amendment 133 #
2020/2011(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Member States to promote spatial desegregation and engage Roma beneficiaries in the design and implementation of housing projects, to reduce and prevent forced evictions, to address the issue of homelessness and to provide sufficient and appropriate halting sites for non-sedentary Roma;
Amendment 134 #
2020/2011(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the European Commission and Member States to ensure the integration of policies to combat antigypsyism in all its forms and to recognize environmental discrimination as a specific manifestation of antigypsyism. Environmental justice must be integrated as a stand-alone area in the post-2020 framework and should address the different forms of environmental discrimination such as the problem of forced evictions to polluted or contaminated areas, the systematic denial of environmental services, as well as the health risk associated with poor environment.
Amendment 134 #
2020/2011(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the Commission must developshould develop - on the basis of systemic consultations with (pro-) Romani experts and NGOs and the Council of Europe - a proposal for a post- 2020 directiveEU Strategic Framework for equality and inclusion of people with Romani background in Europe putting the fight against poverty and antigypsyism; is of the opinion that this proposal should contain a legislative measure based on Article19 (2) of the Treaty of the Functioning of the EU as appropriate action to combat discrimination based on ethnic origin and could further develop the prohibition of indirect discrimination and permissibility of positive action with a view to ensuring full equality of people with Romani background in practice; stresses that this Strategic Framework should be putting the fight anti-gypsyism and social exclusion at the forefront; stresses that the new proposal must include clear, realistic and binding objectives, measures and targets for the Member States, a clear timeline and clear and binding progress requirements, as well as success indicators and adequate funding for its implementation; emphasises the need for a robust monitoring and oversight mechanism to ensure effective implementation and appropriate use of fundsand sanctioning mechanism on European level with the involvement of the Fundamental Rights Agency, the EQUINET, watchdog organisations and other stakeholders from the civil society to ensure effective implementation and appropriate use of funds and to prevent corruption and the misuse of EU funds; is of the opinion that funds are often most effectively spent at local level by local governments and NGOs, therefore calls on the Commission to increase the funds distributed directly to them; notes that equal participation in all domains of public life, political participation, and the language, arts, culture, history and environment of people with Romani background should be explicitly mentioned in the proposal for post-2020 EU public policy for people with Romani background, as additional measures to the four main priority areas of education, employment, housing and healthcare;
Amendment 140 #
2020/2011(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the Member States to address the issues of housing and homelessness, through developing the social housing stock and through promoting non-discriminatory access to social housing;
Amendment 141 #
2020/2011(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission and the Member States to ensure that the Recovery Plan and the new Multiannual Financial Framework for 2021-2027 EU is firmly linked to the post- 2020EU Framework for National Roma Inclusion Strategies, its binding targets and their execution by the National Roma Inclusion Strategies;
Amendment 142 #
2020/2011(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Highlights the promising approaches of "housing first" initiatives to prevent and combat homelessness and housing in segregated areas and calls on Member States to consider shifting from staircase model of service provision to housing-led services, complementing provision of housing with accompanying support combining elements of employment, education, health and community development;
Amendment 144 #
2020/2011(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the EU added value through the establishment of a closeIs of the option that the EU added value is in jeopardy despite the fact that there is a link between the European Semester, the European Structural and Investment Funds (ESIF) in their 2014- 2020 programming period and the NRIS, as ESIF fails to reach out to the most disadvantaged, in particular the Roma; calls on the Commission to actively reach out to Roma communities with its policies and programmes; and urges the Member States to do so and publicly declare the share of their national budgets that is allocated to this end;
Amendment 145 #
2020/2011(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reiterates its position and recommendations put forward and adopted in its resolution of 25 October 2017 on fundamental rights aspects in Roma integration in the EU: fighting anti-Gypsyism; since limited action has been taken so far, calls on the Commission to integrate those recommendations into its post-2020 EU Framework for National Roma Inclusion Strategies, particularly the recommendations relating to anti- gypsyism and truth and reconciliation as these are the cornerstone of building a strong and inclusive society;
Amendment 150 #
2020/2011(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to develop a proposal for a post-2020 EU directiveStrategic Framework for the equality and inclusion of people with Romani background, giving priority to (i) achieving a positive impact; (ii) a rights-based approach, including a plan to eliminate social and economic inequalities; (iii) developing a vision for the future proposal, including concrete, specific, measurable, comparable, achievable, relevant and time- bound objectives to protect and improve the inclusion of people with Romani background; and (iv) eliminating inequalities and discrimination and segregation, especially for children from their earliest years; and those with Romani background facing multiple discrimination, such as women and girls, LGBTI persons and people with disabilities;
Amendment 161 #
2020/2011(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to ensure the equal participation of Romani and pro- Romani civil society organisations, experts and community members from all levels, including those active at local and regional level, taking into account a gender perspective in both the policy debate and in decision-making; calls on the Member States to do the same when creating their own post-2020 National Inclusion Strategies for People with Romani Background;
Amendment 165 #
2020/2011(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is of the opinion that often the best tool for empowering Roma to fully exercise their fundamental rights is through litigation; calls on the Commission to create a strategic litigation funds under the Rights and Values Programme and provide adequate funding for civil society and human rights defenders in order to achieve systemic change;
Amendment 167 #
2020/2011(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Strongly rejects the political narrative and populism to build government policy on inciting anti- gypsyism, exercising scapegoating of Roma and promoting discrimination or segregation both directly and indirectly; is of the opinion that such political actions are against not only the national constitutions but the fundamental values of the EU Treaties as well and the rights provided thereby; therefore calls on the Commission to take immediate action by opening infringement procedures and by addressing such issues in the annual report on the state of rule of law in the relevant Member States;
Amendment 168 #
2020/2011(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Reiterates its call on the Council to unblock negotiations on the horizontal anti-discrimination directive as it is a prerequisite to achieve equality in the EU;
Amendment 172 #
2020/2011(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to tackle anti-gypsyism across the key areas of the proposal for the post-2020 directiveFramework;
Amendment 188 #
2020/2011(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is particularly concerned by the high level of segregation children with Romani background in schools and the discriminatory practice of placing children with a Romani background in schools for children with mental disabilities, which persist in some Member States; urges the Member States concerned to put an end to such practices in accordance with applicable anti- discrimination legislation; reminds that the Commission opened infringement procedures on segregation of children with Romani background in relation to 3 Member States; is of the opinion that the last years have shown no improvement despite the Commission's efforts; therefore calls on the Commission to take further steps and refer these cases to the European Court of Justice if necessary;
Amendment 192 #
2020/2011(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Is of the opinion that COVID-19 extorted the active use of info communication techniques (ICT) and methods, however the pandemic revealed insufficient preparedness in digital transformation as families with Romani background and their schools were not equipped adequate ICT tools and skills and families with Romani background are often unable to afford electricity and digital connectedness, therefore they cannot effectively participate in distant learning educational as the majority population; considers that the possession of an ICT device is the turnkey point into digital education, therefore urges the Commission to create a pool ICT tools similarly to the RescEU or within the RescEU framework and distribute it among the most vulnerable families and children to provide them with the basic tools for distant learning and prepare them for the digital age; considers that access to internet and ICT skills are a cornerstone of the forthcoming digital age for every citizen and as such it is essential the empowerment of people with Romani background as well; therefore calls on the Commission to examine the possibility to introduce the right to internet access as a fundamental right within the EU and include it to the post-2020 Framework; calls on the Member States to add ICT skills into their curriculum from an early age;
Amendment 216 #
2020/2011(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Member States to improve their data collection methods to provide reliable actual and comparable data as they support effective evidence- based policies and can contribute to improving the effectiveness of strategies, actions and measures taken, and to identifying structural problems;
Amendment 220 #
2020/2011(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on the Member States to guarantee the effective independence, the mandate and the necessary resources of the equality bodies for enabling them to carry out their tasks in the promotion of equal treatment and protection of fundamental rights also of people with Romani background; is of the opinion that equality bodies are the right institutions to collect data and draw trends on anti-gypsyism and to channel it to the European level;
Amendment 272 #
2020/2011(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Acknowledges that the path to successful inclusion of children with Romani background requires not only compulsory (high-quality and non- segregated) school education but also early childhood education and equal access to extracurricular activities; calls on the Commission and the Member States to ensure adequate funding to NGOs which provide such activities as these activities are crucial to create an environment and conditions where children from all backgrounds have equal opportunities; considers that the exchange of good practices between Member States is also crucial in this field;
Amendment 275 #
2020/2011(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Draws attention to discriminatory practices and cases of violence by the police against people with Romani background in Member States; calls on the Member States adopt Guidelines and develop trainings to the police forces against disproportionate criminalisation of people with Romani background, over- policing (ethnic profiling, excessive stop- and-search procedures, uncalled-for raids on Romani settlements, arbitrary seizure and destruction of property, excessive use of force during arrests, assaults, threats, humiliating treatment, physical abuse, and the denial of rights during police interrogation and custody) and in under- policing of crimes committed against people with Romani background, providing little or no assistance, protection (such as in cases of trafficking and for victims of domestic violence) or investigation in cases of crimes reported by people with Romani background (hate crimes in particular); calls on the Member States concerned to ensure that full investigation of such cases police and particularly where violence and brutality involved; calls on the Member States to provide appropriate remedies;
Amendment 13 #
2020/2009(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the Joint Communication of 10 June 2020 entitled 'Tackling COVID-19 disinformation - Getting the facts right' (JOIN(2020) 8),
Amendment 51 #
2020/2009(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas according to the 2020 World Press Freedom Index, the situation concerning the independence of the press differs significantly between Member States, with some Member States ranking among the top 5 best performers, while the worst entry ranking as low as 111th out of 180;
Amendment 103 #
2020/2009(INI)
Motion for a resolution
Recital J
Recital J
J. whereas disinformation related to COVID-19 may have dangerous consequences on public health, cause panic and social unrest and needs to be addressed; whereas measures to combat disinformation cannot be used as a pretext for introducing disproportionate restrictions on press freedom;
Amendment 115 #
2020/2009(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is deeply shattered by the murders of Daphne Caruana Galizia in Malta and Ján Kuciak and his fiancée Martina Kušnírová in Slovakia due to their investigative work, and reiterates the importance of an; recalls the essential role that investigative journalism holds in fighting organised crime by collecting and connecting relevant information, exposing criminal networks and illicit activities; highlights the fact that these activities expose them to an increased personal risk level; calls on national law enforcement authorities to fully cooperate with Europol and other relevant international organisations in order to conduct independent investigation to brs, identifying and bringing to justice the perpetrators of and masterminds behind these crimes;
Amendment 124 #
2020/2009(INI)
3. Strongly reiterates its call on the Commission to treat attempts by Member State governments to damage media freedom and pluralism as constituting a serious and systematic abuse of powers and as going against the fundamental values of the EU as enshrined in Article 2 TEU; welcomes, therefore, the Commission’s intention to include a specific chapter on monitoring media freedom and pluralism in its Annual Report on the Situation of the Rule of Law within the EU; encourages the Commission to actively cooperate with the Council of Europe, exchanging best practices and making sure that measures undertaken are complementary; urges the Commission to take into account the impact of the emergency measures taken in 2020 in the context of COVID-19 on press freedom, media pluralism and safety of journalists; in this context, recalls Parliament’s repeated call for a permanent, independent and comprehensive mechanism covering democracy, the rule of law and fundamental rights in the EU;
Amendment 136 #
2020/2009(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence from political interference; condemns attempts by Member State governments to silence critical media and undermine media freedom and pluralism, in particular attempts to control public service media; deplores the fact that in some Member States public broadcasting has become an example of single political party propaganda, which often excludes opposition and minority groups from society and even incites violence; stresses that safeguarding independent authorities and ensuring strong independent oversight of audiovisual media against undue state and commercial intervention is crucial; highlights that the frameworks for financing public service media should ensure the editorial independence and the sustainability of these outlets; calls on Member States to use financing models where public service media is financed from sources independent of political decision-making such as monthly or annual dedicated taxes;
Amendment 156 #
2020/2009(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates its concern that few specific legal or policy frameworks protecting journalists and media workers from violence, threats and intimidation can be identified at national level within the EU; calls on the Member States and the Commission to ensure the effective protection and safety of journalists and other media actors as well as of their sources, including in a cross-border context; strongly reiterates its call on the Commission to present proposals to prevent so-called ‘Strategic Lawsuits Against Public Participation’ (SLAPP); highlights that there are significant differences with respect to the freedom of the press and protection of journalists situations between Member States; calls on the Commission to come forward with a comprehensive Directive proposal aiming to establish minimum standards against SLAPP practices, across the EU;
Amendment 187 #
2020/2009(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is concerned about attempts to take advantage of the COVID-19 pandemic to punish independent and critical media and introduce restrictions on the media’s access to and scrutiny of government decisions and actions, hampering proper and informed debate on those actions; stresses the role of journalism and the free flow of information as essential to the EU’s efforts to contain the COVID-19 pandemic; points out that journalism plays a crucial function at a moment of public health emergency; calls on the Commission to comprehensively monitor such practices by national governments and to include the results in its upcoming Annual Report on the Rule of Law;
Amendment 190 #
2020/2009(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to urgently introduce EU and national emergency recovery packages to protect the jobs and livelihoods of media workers, support companies and fund public service media through the COVID- 19 crisis; highlights that during the COVID-19 crisis certain media outlets and local media platforms in particular, have lost as much as 80% of their revenues due to the decrease in advertising; stresses that in the face of the pandemic European citizens need professional, economically secure and independent journalists; reiterates in this context its call for the creation of a permanent European fund for journalists in the framework of the next MFF (2021- 2027), as redrafted following the COVID- 19 crisis, offering direct financial support for projects submitted by independent journalists and media outlets, freelancers and self-employed media workers; and comprising dedicated funding lines for investigative journalism, news media, media literacy programmes and local media outlets; underlines that funding should be managed by independent organisations in order to avoid any interference with editorial decision- making;
Amendment 197 #
2020/2009(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes with concern that the envisaged budgetary envelope for the Creative Europe programme under the revised MFF/ recovery proposals of 27 May 2020 brings a 100 million Euros decrease in allocations, compared to the initial Commission proposal of 2018, and now amounts to 1.3 billion Euros less than the allocations initially proposed by the European Parliament; furthermore, notes with regret that funding available under the Justice, Rights and Values programme has also been decreased by 100 million Euros within the revised Commission budget proposal and now stands at 1.2 billion Euros less than the figures proposed by the European Parliament; urges the Commission to revise these figures and present new proposals, in line with the position adopted by the European Parliament;
Amendment 232 #
2020/2009(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the new digital environment has exacerbated the problem of the spread of disinformation and has resulted in online platforms playing an influential role in publishing, disseminating and promoting news and other media content; reiterates its concern about the potential threat disinformation poses to freedom of expression and the independence of the media; highlights that measures combatting disinformation should focus on fostering a plurality of opinions, through the promotion of high- quality journalism, delivering reliable, fact-based, verified information, as well as on building media literacy, and that any such measures must provide guarantees for the freedom of information and the freedom of expression;
Amendment 238 #
2020/2009(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights that upholding the editorial independence within central and local media outlets, and developing media literacy projects, are essential elements for building resilience, raising awareness and strengthening education in efficiently combatting propaganda, disinformation and manipulations; calls on the Commission to actively engage in the promotion of reliable, fact-based and fact- checked information, enhancing media distribution channels in order to improve access to such information, empowering Union citizens to better identify and deal with disinformation; calls on Member States to fully implement the provisions of the revised Audio-visual Media Service Directive requiring them to promote and develop media literacy skills;
Amendment 260 #
2020/2009(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that different forms of misinformation and disinformation, as well as other forms of information manipulation relating to the COVID-19 pandemic, continue to proliferate around the world and have potentially harmful consequences for public security, health and effective crisis management; welcomes the Joint Communication on Tackling COVID-19 disinformation, of 10 June 2020; recalls that all measures to combat disinformation, including those taken in the context of the COVID-19 emergency, need to be necessary, proportionate and subject to regular oversight, and may under no circumstances prevent journalists and media actors from carrying out their work or lead to content being unduly blocked on the internet;
Amendment 268 #
2020/2009(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Commission’s initiative to present a European Democracy Action Plan that aims to counter disinformation and to adapt to evolving threats and manipulations, as well as to support free and independent media; emphasises in this respect that protecting free and independent media while combating hate speech and disinformation is a fundamental factor in terms of the defence of the rule of law and democracy in the EU; notes with concern that according to a GDI research, websites spreading disinformation in the EU receive more than 70 million Euros in ad revenues every year; calls on the Commission to further engage with the digital platforms and step up the efforts towards ending such practices, as well as towards combatting the strategic, automated amplification of disinformation through the use of bots or fake profiles online, and towards increasing transparency in respect to the financing and the distribution of online advertising;
Amendment 1 #
2020/1998(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Regrets that the proposed commitment appropriations for the “Citizens, Equality, Rights and Values Programme” at EUR 90 600 000 are much lower than initially requested by the Parliament, and represents a decrease of - 9,9% on commitment appropriations and - 17,8% on payment appropriations compared to 2020; requests, in line with the first reading position of the Parliament adopted on 17 April 2019, that commitment appropriations are increased to EUR 265 000 000 and that a new budget line to “promote and protect Union values“ (EUR 120 000 000 in commitment appropriations) is created; calls, in line with the partial agreement reached with Council, to increase the commitment appropriations under the “Daphne” budget line to EUR 37 100 000 and to earmark EUR 27 300 000 of this amount for the fight against gender-based violence by creating a subline “Combating all forms of gender-based violence”; calls further for an increase of the commitment appropriations of the budget line “Promote citizens engagement and participation in the democratic life of the Union” to EUR 70 600 000, to rename the budget line “Promote equality and rights” to “Promote equality, rights and gender equality” and to earmark EUR 10 300 000 to “Promote gender equality and gender mainstreaming” by creating a new subline;
Amendment 6 #
2020/1998(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that independent and qualitative investigative journalism is an essential component of a well-functioning democracy, by bringing quality fact-based information, combating disinformation, raising awareness to citizens, and revealing wrongdoings or crimes; stresses that journalism across Europe faces strong challenges, in particular the lack of financial resources, hence threatening their independence or survival; calls for ambitious funding programmes in the European budget in this field;
Amendment 12 #
2020/1998(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the small increase (+0.5%) of commitment and payment appropriations of the Justice programme; requests, in line with position of the Parliament on the financial envelope for the Justice programme included in the European Parliament resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027, to further increase the funding of that programme in 2021 by a total of EUR 6 800 000 to EUR 50 500 000; stresses that Justice is a key component of a Security Union as defended by the President of the European Commission, and that judicial cooperation should be strengthened with the help of European JHA agencies, in particular to fight organised crime and terrorism;
Amendment 13 #
2020/1998(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 14 #
2020/1998(BUD)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Is deeply concerned by the continuing loss of lives in the Mediterranean in the absence of functioning SAR capacities; believes that SAR is a state responsibility that cannot be left to non-state actors; calls on the Commission to urgently create a fund to support the setting up of a EU Search and Rescue mission for the Mediterranean;
Amendment 15 #
2020/1998(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that the small funding increase (+1.8%) proposed for the European Monitoring Centre for Drugs and Drug Addiction will not be sufficient to comply with its legal obligations deriving from the Staff Regulations as well as its rental contracts; emphasises, moreover, that additional funding should be provided for the Centre to fully deploy its operational capacity and to effectively respond to the most recent developments of the drug phenomenon, including effects of Covid-19 outbreak; highlights that the drug retail value in Europe is estimated at 30 billion euros per year, and that 100 tonnes of cocaine were seized in the EU in 2019; requests, therefore, to increase the Centre’s budget to EUR 18 100 000;
Amendment 16 #
2020/1998(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes note of the proposal to increase the appropriations of the European Union Agency for Law Enforcement Cooperation (Europol) by 11.5% while leaving the number of statutory staff unchanged; reminds that the AgencyEuropol is requested to provide increased analysis and operational support to Member States and, upon request, has recently launched new initiatives such as the European Financial and Economic Crime Centre and the Innovation Lab which require additional funding, tools and innovation to Member States’ law enforcement authorities, in areas such as countering terrorism and its financing, radicalisation and extremism, migrant smuggling, drugs trafficking or cybercrime, and, upon request, has recently launched new initiatives such as the European Financial and Economic Crime Centre and the Innovation Lab which require additional funding; also stresses the increase of criminal activities during the pandemic, such as cyberattacks and cybercrimes, online child abuse and exploitation, goods counterfeiting, and the surge of new activities in the recent years like environmental crimes, showing the adaptability and flexibility of criminals and the need for Europol to adapt likewise; expects Agency’s tasks to be further extended in 2021 with the upcoming revision of the Agency mandate; considers, therefore, that EUR 184 900 000 should be provided to the Agency in line with its request; requests to add further 63 posts to the Agency establishment plan;
Amendment 22 #
2020/1998(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the importance of integrated border management to ensure the functioning of the Schengen area; highlights the important role of the European Border and Coast Guard Agency (Frontex) in this regard andnotes that the Covid-19 outbreak showed to which extent borders management has implications in various areas, not only in security and migration, but also in mobility; highlights the important role of the European Border and Coast Guard (Frontex) in this regard; regrets that Commission’s proposal is below the anticipated budget in the financial statement of the Agency’s regulation, hence putting at risk the ability of Frontex to deliver the European standing corps of border by 2024, as requested by the President of the European Commission; underlines that the recruitment, training and deployment of 10,000 border and coats guards requires exceptional resources that cannot be reduced; calls for a significant budget increase for 2021 to EUR 838 000 000 to allow the Agency to build and train its standing corps as well as to purchase own equipment, thereby allowing a successful and timely deployment and operational support to the Member States at the external borders;
Amendment 27 #
2020/1998(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Takes note of the decrease in commitment appropriations (-5%) and the increase in payment appropriations (12%) for eu-LISA; highlights the important role of the Agency in the proper implementation and operational management of EU large-scale IT systems in the area of freedom, security and justice (EES, ETIAS, ECRIS-TCN, EURODAC, VIS, SIS) and to provide interoperability between these systems for faster and more reliable data to border management and law enforcement authorities; regrets that Commission’s proposal does not meet eu-LISA’s request in terms of staff; requests 14 additional staff to support the securing information networks and databases, the project for the extension of the operational sites of the Agency and the activities of the management board;
Amendment 30 #
2020/1998(BUD)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 33 #
2020/1998(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that the Recovery plan is a new opportunity for criminals to make profits and misappropriate funds intended to saving jobs and supporting the legal economy in Europe; considers that the fight against fraud to EU’s budget, corruption, money laundering, criminal financing should be strengthened in 2021; in this context, stresses the importance of adequate funding for European JHA agencies, in particular Europol, EPPO, CEPOL, OLAF and Eurojust;
Amendment 34 #
2020/1998(BUD)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Welcomes the new Security Union Strategy published by the Commission on 24 July, focusing on critical infrastructure protection, the fight against cybercrime, responding to hybrid threats and organised crime; also notes the three action plans presented on online sexual abuse against children, on firearms and on drugs; considers therefore that adequate funding is necessary in the Union’s budget and for the European JHA agencies to pursue these objectives;
Amendment 37 #
2020/1998(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Regrets the reduction of the European Union Agency for Fundamental Rights’ budget by 0.4%; requests instead to increase Agency’s commitment and payment appropriations to EUR 24 600 000; calls for adding two AD6 and two contractual agent function group IV posts to the Agency establishment plan; highlights that without adequate financial and staff resources, the Agency may not be able to implement projects that respond to identified needs, in particular in countering discriminations and racism, defending individuals data protection and fundamental rights, including at the external borders, protecting migrants and refugees, supporting justice and victims’ rights;
Amendment 39 #
2020/1998(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Considers the proposed increase of appropriations for the European Union Agency for Criminal Justice Cooperation (Eurojust) insufficient in light of the challenges faced by the Agency with regard to digitalisation and the continuously growing caseload; requests to provide the Agency with 217 additional posts and to increase its budget accordingly to EUR 43 800 000;
Amendment 41 #
2020/1998(BUD)
Draft opinion
Paragraph 11
Paragraph 11
11. Welcomes the proposed increase of the European Asylum Support Office’s commitment and payment appropriations by 16.5% but regrets that the number of posts in its establishment plan have not been increased accordingly; requests therefore to reinforce the establishment plan of the Office by an additional 50 posts; recalls that Office plans to keep the same level of staff as requested for 2021 throughout the new programming period but stresses that additional staff will be needed if the new Regulation on the European Union Agency for Asylum is adopted; recalls that EASO’s operational activities have increased considerably in the recent years to address the challenge of the migration crisis and to assist Member States for the reception of asylum seekers and the processing of asylum procedures, in particular in EU hotspots; stresses that EASO has also been tasked with a number of new missions, in the fields of disembarkation or relocation; highlights that the additional staff will reinforce field operations, development and delivery of trainings, information and analysis, practical tools, governance activities and administrative functions, while the pressure on EU migration and asylum systems remains high.
Amendment 144 #
2020/0361(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks, content-sharing platforms, search engine, livestreaming platforms, messaging services or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.
Amendment 162 #
2020/0361(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to create legal certainty and not to discourage activities aimed at detecting, identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis, it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent manner. In addition, it is appropriate to clarify that the mere fact that those providers take measures, in good faith, to comply with the requirements of Union law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not lead to the unavailability of those exemptions from liability. Therefore, any such activities and measures that a given provider may have taken in order to detect, identify and act on illegal pieces of content on a voluntary basis, should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon.
Amendment 201 #
2020/0361(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and, proportionate and reliable safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 203 #
2020/0361(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, notably when it concerns vulnerable users such as children, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delay the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. _________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 209 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have an easy access to information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
Amendment 210 #
2020/0361(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipients of the service, in facilitating public debate, economic transactions and the dissemination of information, opinions and ideas and in influencing how recipients obtain and communicate information online, it is necessary to impose specific obligations on those platforms, in addition to the obligations applicable to all online platforms. Those additional obligations on very large online platforms are necessary to address those public policy concerns, t specifically regarding disinformation, misinformation, hate speech or any other types of harmful content. There being no alternative and less restrictive measures that would effectively achieve the same result.
Amendment 223 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision-making processes, or adapting their terms and conditions as well as making content moderation policies, as well as the way they are enforced fully transparent for the users. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
Amendment 249 #
2020/0361(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) It is appropriate that this Regulation identify certain areas of consideration for such codes of conduct. In particular, risk mitigation measures concerning specific types of illegal content should be explored via self- and co-regulatory agreements. Another area forspect which needs to be considerationed is the possible negative impacts of systemic risks on society and democracy, such as disinformation, harmful content, in particular hate speech, or manipulative and abusive activities. This includes coordinated operations aimed at amplifying information, including disinformation, such as the use of bots or fake accounts for the creation of fake or misleading information, sometimes with a purpose of obtaining economic gain, which are particularly harmful for vulnerable recipients of the service, such as children. In relation to such areas, adherence to and compliance with a given code of conduct by a very large online platform may be considered as an appropriate risk mitigating measure. The refusal without proper explanations by an online platform of the Commission’s invitation to participate in the application of such a code of conduct could be taken into account, where relevant, when determining whether the online platform has infringed the obligations laid down by this Regulation.
Amendment 254 #
2020/0361(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) Member States can designate an existing national authority with the function of the Digital Services Coordinator, or with specific tasks to apply and enforce this Regulation, provided that any such appointed authority complies with the requirements laid down in this Regulation, such as in relation to its independence. Moreover, Member States are in principle not precluded from merging functions within an existing authority, in accordance with Union law. They should however refrain from designating the same authorities as those designated pursuant to article 30 of the Audio Visual Media Services Directive in order to avoid providing one single institution with the authority to shape the Member State’s entire media landscape and online space. The measures to that effect may include, inter alia, the preclusion to dismiss the President or a board member of a collegiate body of an existing authority before the expiry of their terms of office, on the sole ground that an institutional reform has taken place involving the merger of different functions within one authority, in the absence of any rules guaranteeing that such dismissals do not jeopardise the independence and impartiality of such members.
Amendment 288 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(h a) ‘very large online platform’ means a provider of a hosting service which provide their services to a number of average monthly active recipients of the service in the Union equal to or higher than 45 million, calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3;
Amendment 311 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.
Amendment 342 #
2020/0361(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to achieve the objectives of this Regulation, and in particular to improve the functioning of the internal market and ensure a safe and transparent online environment, it is necessary to establish a clear and balanced set of harmonised due diligence obligations for providers of intermediary services. Those obligations should aim in particular to guarantee different public policy objectives such as the safety, health and trust of the recipients of the service, including minors, women and vulnerable users, protect the relevant fundamental rights enshrined in the Charter, to ensure meaningful accountability of those providers and to empowerprovide recourse to recipients and other affected parties, whilst facilitating the necessary oversight by competent authorities.
Amendment 401 #
2020/0361(COD)
2. Providers of intermediary services shall act in a diligent, objective, timely, and proportionate and non-discriminatory manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved, including the applicabl. The fundamental rights of the recipients of the service as enshrined in the Charter shall be applied in particular when limitations imposed.
Amendment 406 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2 a. Terms and conditions of providers of intermediary services shall respect the essential principles of fundamental rights as enshrined in the Charter.
Amendment 409 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 b (new)
Article 12 – paragraph 2 b (new)
2 b. Terms and conditions that do not comply with this Article and with the Charter of Fundamental Rights shall be considered invalid.
Amendment 411 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 c (new)
Article 12 – paragraph 2 c (new)
2 c. Providers of intermediary services shall provide recipients of services with a concise and easily readable summary of the terms and conditions.That summary shall identify the main elements of the information requirements, including the possibility of easily opting-out from optional clauses and the remedies available. .
Amendment 416 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
Amendment 458 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent and, objective and non- discriminatory manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.
Amendment 462 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6 a. If the recipient of services notices the hosting services their disagreement with the automated means of decision- making, hosting services must ensure human review of the decision-making process before any action taken.
Amendment 478 #
2020/0361(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination, the right to gender equality and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service through the submission of abusive notices, with a foreseeable impact on health, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.
Amendment 503 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Online platforms shall handle complaints submitted through their internal complaint-handling system in a timely, diligent and objective manner within 3 days after submission. Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account, it shall reverse its decision referred to in paragraph 1 without undue delay.
Amendment 512 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of- court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body. Out-of-court dispute settlement shall be carried out within 30 days after submission.
Amendment 516 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) it is impartial and independent of online platforms and recipients of the service provided by the online platforms and is legally distinct from and functionally independent of the government of the Member State or any other public or private body;
Amendment 529 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6 a. This article is without prejudice to the provisions laid down in Article 43 concerning the ability of recipients of the services to file complaints with the Digital Services Coordinator of their country of residence or in the case of very large online platforms, the Commission.
Amendment 532 #
2020/0361(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18 a Burden of Proof The rules on the burden of proof shall be shifted back to the providers of hosting services whether an information constitutes legal or illegal content.
Amendment 546 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point c a (new)
Article 19 – paragraph 2 – point c a (new)
(c a) it is legally distinct from and functionally independent of the government of the Member State or any other public or private body;
Amendment 597 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) that the information displayed is an advertisementon the interface or parts thereof is an online advertisement, including through prominent and harmonised marking;
Amendment 598 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) the natural or legal person on whose behalf the advertisement is displayed and the natural or legal person who finances the advertisement;
Amendment 603 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) clear, meaningful and uniform information about the main parameters used to determine the recipient to whom the advertisement is displayed.;
Amendment 605 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)
Article 24 – paragraph 1 – point c a (new)
(c a) if the advertisement was displayed using an automated tool and the identity of the person responsible for that tool;
Amendment 608 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
The Commission shall adopt an implementing act establishing harmonised specifications for the marking referred to in paragraph 1(a) of this Article.
Amendment 610 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 b (new)
Article 24 – paragraph 1 b (new)
Providers of intermediary services shall inform the natural or legal person on whose behalf the advertisement is displayed where the advertisement has been displayed.
Amendment 611 #
2020/0361(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Amendment 702 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ‘very large online platform’ means a provider of a hosting service which provide their services to a number of average monthly active recipients of the service in the Union equal to or higher than 45 million, calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3;
Amendment 729 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point b
Article 30 – paragraph 2 – point b
(b) tThe natural or legal person on whose behalf the advertisement is displayed and any related payments received;
Amendment 736 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Upon a reasoned request from the Digital Services Coordinator of establishment or the Commission, very large online platforms shall, within a reasonable period, as specified in the request, provide access to data to vetted researchers who meet the requirements in paragraphs 4 of this Article or civil society organisations engaged in monitoring Rule of Law, Fundamental Rights and European values, for the sole purpose of conducting research that contributes to the identification and understanding of systemic risks as set out in Article 26(1) or educational purposes.
Amendment 745 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 3 a (new)
Article 31 – paragraph 3 a (new)
3 a. Upon request by the recipient of the service, or at least once a year, very large online platforms shall make available to the recipient of the service comprehensive information about the data concerning the recipient of the service that was used in the previous year. The information shall encompass a listing of the data that was collected, how it was used and with what third parties it was shared. Online platforms shall present this information in a way that makes it easy to understand.
Amendment 749 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, after consulting the Board, adopt delegated acts laying down the technical conditions under which very large online platforms are to share data pursuant to paragraphs 1, 2 and 23a and the purposes for which the data may be used. Those delegated acts shall lay down the specific conditions under which such sharing of data with vetted researchers can take place in compliance with Regulation (EU) 2016/679, taking into account the rights and interests of the very large online platforms and the recipients of the service concerned, including the protection of confidential information, in particular trade secrets, and maintaining the security of their service.
Amendment 773 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.
Amendment 785 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The Commission shall encourage the development of the codes of conduct within one year following the date of application of this Regulation and their application no later than six months after that date. The Commission shall supervise the monitoring of the application of those codes two years after the application of this Regulation.
Amendment 790 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph -1 (new)
Article 38 – paragraph 2 – subparagraph -1 (new)
-1 Member States shall not designate the regulatory authorities referred to in Article 30 of the Directive 2010/13/EU of the European Parliament and of the Council on of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services as competent authorities or as Digital Services Coordinator.
Amendment 793 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph -1 (new)
Article 38 – paragraph 3 – subparagraph -1 (new)
-1 When a Member State is subject to a procedure referred to in Article 7(1) or 7(2) of the Treaty on European Union or against whom a procedure based on Regulation 2020/2092 was initiated, the Commission shall additionally confirm that the Digital Services Coordinator proposed by that Member State fulfils the requirements laid down in Article 39 before that Digital Services Coordinator can be designated.
Amendment 794 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph -1 a (new)
Article 38 – paragraph 3 – subparagraph -1 a (new)
-1 a This paragraph applies mutatis mutandis to the certification process for out-of-court dispute settlement bodies as described in Article 18(2) and the award of the status of trusted flagger as described in Article 19(2).
Amendment 795 #
2020/0361(COD)
Proposal for a regulation
Article 39 – paragraph -1 (new)
Article 39 – paragraph -1 (new)
-1. Member States shall ensure that the Digital Services Coordinators are legally distinct from the government and functionally independent of their respective governments and of any other public or private body.
Amendment 806 #
2020/0361(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Recipients of the service shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this Regulation with the Digital Services Coordinator of the Member State where the recipient resides or is established or, in the case of very large online platforms, the Commission. The Digital Services Coordinator shall assess the complaint and, where appropriate, transmit it to the Digital Services Coordinator of establishment or, in the case of very large online platforms, the Commission. Where the complaint falls under the responsibility of another competent authority in its Member State, the Digital Service Coordinator receiving the complaint shall transmit it to that authority.
Amendment 868 #
2020/0361(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. For the purposes of carrying out the tasks assigned to it under this Section, the Commission may take the necessary actions to monitor and audit the effective implementation and compliance with this Regulation and the Charter of Fundamental Rights by the very large online platform concerned, including the operation of any algorithm in the provision of its services. The Commission may also order that platform to provide access to, and explanations relating to, its databases and algorithms.
Amendment 942 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a diligent, objective, timely, and proportionate and non-discriminatory manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved, including the applicabl. The fundamental rights of the recipients of the service as enshrined in the Charter shall be applied in particular when limitations imposed.
Amendment 962 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 c (new)
Article 12 – paragraph 2 c (new)
2c. Providers of intermediary services shall provide recipients of services with a concise and easily readable summary of the terms and conditions. That summary shall identify the main elements of the information requirements, including the possibility of easily opting-out from optional clauses and the remedies available.
Amendment 974 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Providers of intermediary services shall publish in an easily accessible manner, at least ontwice a year, clear, easily comprehensible and detailed reports on any content moderation they engaged in during the relevant period. The reports must be searchable and archived for further use. Those reports shall include, in particular, information on the following, as applicable:
Amendment 1076 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent and, objective and non- discriminatory manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.
Amendment 1084 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. If the recipient of services notices the hosting services their disagreement with the automated means of decision- making, hosting services must ensure human review of the decision-making process before any action taken
Amendment 1183 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Online platforms shall handle complaints submitted through their internal complaint-handling system in a timdiligently, objectively and without undue delay, diligent and objective mannerbut no later than 10 days after submission.. Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account, it shall reverse its decision referred to in paragraph 1 without undue delay.
Amendment 1202 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of-court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body. Out-of-court dispute settlement shall be carried out within 45 days after submission.
Amendment 1211 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point a
Article 18 – paragraph 2 – subparagraph 1 – point a
(a) it is impartial and independent of online platforms and recipients of the service provided by the online platforms and is legally distinct from and functionally independent of the government of the Member State or any other public or related private body;
Amendment 1244 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Certified out of court dispute settlement bodies shall conclude dispute resolution proceedings within a reasonable period of time and no later than 90 calendar days after the date on which the certified body has received the complaint.
Amendment 1253 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. This Article is without prejudice to the provisions laid down in Article 43 concerning the ability of recipients of the services to file complaints with the Digital Services Coordinator of their country of residence or in the case of very large online platforms, the Commission.
Amendment 1256 #
2020/0361(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Burden of proof The rules on the burden of proof shall be shifted back to the providers of hosting services whether an information constitutes legal or illegal content.
Amendment 1284 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point c a (new)
Article 19 – paragraph 2 – point c a (new)
(ca) it is legally distinct from and functionally independent of the government of the Member State or any other public or private body;
Amendment 1488 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) the natural or legal person on whose behalf the advertisement is displayed and the natural or legal person who finances the advertisement;
Amendment 1496 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) clear, meaningful and uniform information about the main parameters used to determine the recipient to whom the advertisement is displayed.
Amendment 1502 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)
Article 24 – paragraph 1 – point c a (new)
(ca) if the advertisement was displayed using an automated tool and the identity of the person responsible for that tool;
Amendment 1511 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
The Commission shall adopt an implementing act establishing harmonised specifications for the marking referred to in paragraph 1(a) of this Article.
Amendment 1514 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 b (new)
Article 24 – paragraph 1 b (new)
Providers of intermediary services shall inform the natural or legal person on whose behalf the advertisement is displayed where the advertisement has been displayed.
Amendment 1550 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter,on an ongoing basis, the probability and severity of any significant systemic risks stemming from the functioning and use made of their services in the Union. This risk assessment shall be specific to their services and shall include the following systemic risks:
Amendment 1563 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of any of the fundamental rights listed in the Charter, in particular on the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination, the right to gender equality and the rights of the child, as enshrined in Articles 7, 11, 21, 23 and 24 of the Charter respectively;
Amendment 1606 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measures, tailored to the specific systemic risks identified pursuant to Article 26. Such measures mayshall include, where applicable:
Amendment 1626 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. Where a very large online platform decides not to put in place any of the mitigating measures listed in Article 27(1), it shall provide a written explanation that describes the reasons why those measures were not put in place, which shall be provided to the independent auditors in order to prepare the audit report in Article 28(3).
Amendment 1658 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) the obligations set out in Chapter III; in particular the quality of the identification, analysis and assessment of the risks referred to in Article 26, and the necessity, proportionality and effectiveness of the risk mitigation measures referred to in Article 27
Amendment 1722 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point b
Article 30 – paragraph 2 – point b
(b) tThe natural or legal person on whose behalf the advertisement is displayed and any related payments received;
Amendment 1755 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Upon a reasoned request from the Digital Services Coordinator of establishment or the Commission, very large online platforms shall, within a reasonable period, as specified in the request, provide access to data to vetted researchers who meet the requirements in paragraphs 4 of this Article or civil society organisations engaged in monitoring Rule of Law, Fundamental Rights and European values, for the sole purpose of conducting research that contributes to the identification and understanding of systemic risks as set out in Article 26(1) or educational purposes.
Amendment 1760 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 3 a (new)
Article 31 – paragraph 3 a (new)
3a. Upon request by the recipient of the service, or at least once a year, very large online platforms shall make available to the recipient of the service comprehensive information about the data concerning the recipient of the service that was used in the previous year. The information shall encompass a listing of the data that was collected, how it was used and with what third parties it was shared. Online platforms shall present this information in a way that makes it easy to understand.
Amendment 1773 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, after consulting the Board, adopt delegated acts laying down the technical conditions under which very large online platforms are to share data pursuant to paragraphs 1, 2 and 23a and the purposes for which the data may be used. Those delegated acts shall lay down the specific conditions under which such sharing of data with vetted researchers can take place in compliance with Regulation (EU) 2016/679, taking into account the rights and interests of the very large online platforms and the recipients of the service concerned, including the protection of confidential information, in particular trade secrets, and maintaining the security of their service.
Amendment 1909 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph -1 (new)
Article 38 – paragraph 2 – subparagraph -1 (new)
-1. Member States shall not designate the regulatory authorities referred to in Article 30 of the Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services as competent authorities or as Digital Services Coordinator.
Amendment 1910 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1 a (new)
Article 38 – paragraph 2 – subparagraph 1 a (new)
When a Member State is subject to a procedure referred to in Article 7(1) or 7(2) of the Treaty on European Union or against whom a procedure based on Regulation 2020/2092 was initiated, the Commission shall additionally confirm that the Digital Services Coordinator proposed by that Member State fulfils the requirements laid down in Article 39 before that Digital Services Coordinator can be designated.
Amendment 1915 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 2 a (new)
Article 38 – paragraph 3 – subparagraph 2 a (new)
This paragraph applies mutatis mutandis to the certification process for out-of- court dispute settlement bodies as described in Article 18(2) and the award of the status of trusted flagger as described in Article 19(2).
Amendment 1921 #
2020/0361(COD)
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1 a (new)
Article 39 – paragraph 1 – subparagraph 1 a (new)
Member States shall ensure that the Digital Services Coordinators are legally distinct from the government and functionally independent of their respective governments and of any other public or private body.
Amendment 1969 #
2020/0361(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Recipients of the service shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this Regulation with the Digital Services Coordinator of the Member State where the recipient resides or is established or with in the case of very large online platforms, the Commission. The Digital Services Coordinator shall assess the complaint and, where appropriate, transmit it to the Digital Services Coordinator of establishment or in the case of very large online platforms, the Commission. Where the complaint falls under the responsibility of another competent authority in its Member State, the Digital Service Coordinator receiving the complaint shall transmit it to that authority.
Amendment 2099 #
2020/0361(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 2
Article 50 – paragraph 1 – subparagraph 2
The Commission acting on its own initiative, or the Board acting on its own initiative or upon request of at least three Digital Services Coordinators of destination, mayshall, where it has reasons to suspect that a very large online platform infringed any of those provisions, recommend the Digital Services Coordinator of establishment to investigate the suspected infringement with a view to that Digital Services Coordinator adopting such a decision within a reasonable time periodout undue delay and in any event within two months.
Amendment 2120 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 1 – introductory part
Article 51 – paragraph 1 – introductory part
1. The Commission, acting either upon the Board’s recommendation or on its own initiative after consulting the Board, mayshall initiate proceedings in view of the possible adoption of decisions pursuant to Articles 58 and 59 in respect of the relevant conduct by the very large online platform that:
Amendment 2130 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 1
Article 51 – paragraph 2 – subparagraph 1
Wheren the Commission decides to initiates proceedings pursuant to paragraph 1, it shall notify all Digital Services Coordinators, the Board and the very large online platform concerned.
Amendment 2179 #
2020/0361(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. For the purposes of carrying out the tasks assigned to it under this Section, the Commission may take the necessary actions to monitor and audit the effective implementation and compliance with this Regulation and the Charter of Fundamental Rights by the very large online platform concerned, including the operation of any algorithm in the provision of its services. The Commission may also order that platform to provide access to, and explanations relating to, its databases and algorithms.
Amendment 169 #
2020/0310(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) The Covid-19 pandemic is having a particular impact on young people who were already likely to earn the minimum wage and are more vulnerable to the consequences of the pandemic due to the precarious nature of their job contracts and working arrangements. This endangers the economic independence of young people; an adequate minimum wage ensures a decent standard of living and positively affects their outlook for the future.
Amendment 215 #
2020/0310(COD)
Proposal for a directive
Recital 15
Recital 15
(15) TWith a view to improving working and living conditions, upward social convergence and gender equality in the Union, this Directive establishes minimum requirements at Union level to ensure both that minimum wages are set at adequate level and that workers have access to minimum wage protection, in the form of a statutory minimum wage or in the form of wages set under collective agreements as defined for the purpose of this Directive.
Amendment 457 #
2020/0310(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘collective bargaining’ means all negotiations which take place in accordance with national law and practices between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more workers’ organisations or one or more trade unions, on the other, for determining working conditions and terms of employment; and/or regulating relations between employers and workers; and/or regulating relations between employers or their organisations and a workers or their organisations or worker organisattrade unions;
Amendment 561 #
2020/0310(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States with statutory minimum wages shall take the necessary measures to ensure that the setting and updating of statutory minimum wages are guided by criteria set to promote adequacy with the aim to achieve decent working and living conditions, social cohesion and upward convergence and prevent and combat in-work poverty . Member States shall define those criteria in accordance with their national practices, either in relevant national legislation, in decisions of the competent bodies or in tripartite agreements. The criteria shall be defined in a stable and clear way.
Amendment 62 #
2020/0259(COD)
Proposal for a regulation
Citation 4 a (new)
Citation 4 a (new)
having regard to the principles established by the 1989 United Nations Convention on the Rights of the Child and its optional protocol on sale of children, child prostitution and child pornography,
Amendment 74 #
2020/0259(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Certain providers of number- independent interpersonal communications services, such as webmail and messaging services, are already using specific technologies to detect and report child sexual abuse online to law enforcement authorities and to organisations acting in the public interest against child sexual abuse and child sexual exploitation, or to remove child sexual abuse and child sexual exploitation material, on a voluntary basis. Those organisations refer to national hotlines for reporting child sexual abuse and child sexual exploitation material, as well as to organisations whose purpose is to reduce child sexual abuse and child sexual exploitation, and prevent child victimisation, located both within the Union and in third countries. Collectively, those voluntary activities play a valuable role in enabling the identification and rescue of victims, and reducing the further dissemination of child sexual abuse materialand child sexual exploitation material, which constitutes a gross violation of the right to privacy of the child, while also contributing to the identification and investigation of offenders, and the prevention of child sexual abuse and child sexual exploitation offences.
Amendment 91 #
2020/0259(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Directive 2002/58/EC does not contain any specific provisions concerning the processing of personal and other data in connection with the provision of electronic communication services for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material. However, pursuant to Article 15(1) of Directive 2002/58/EC, Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in, inter alia, Articles 5 and 6 of that Directive, which concern confidentiality of communications and traffic data, for the purpose of prevention, investigation, detection and prosecution of criminal offences linked to child sexual abuse. In the absence of such legislative measuresSince most Member States have failed to adopt such legislative measures, the Commission has failed to respond to warnings given during the legislative process of the European Electronic Communications code and has failed to provide a legal basis for processing personal data in this context, and pending the adoption of a new longer- term legal framework to tackle child sexual abuse effectively at Union level as announced in the Strategy, there would be no legal basis for providers of number- independent interpersonal communications services to continue to detect and report child sexual abuse online and remove child sexual abuse material in their services beyond 21 December 2020.
Amendment 109 #
2020/0259(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Since the sole objective of this Regulation is to enable the continuation of certain existing activities aimed at combating child sexual abuse online, the derogation provided for by this Regulation should be limited to well-established technology that is regularly used by number-independent interpersonal communications services for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material before the entry into force of this Regulation. The reference to the technology includes where necessary any human review directly relating to the use of the technology and overseeing it. The use of the technology in question should therefore be common in the industry, without it necessarily being required that all providers use the technology and without precluding the further evolution of the technology in a privacy-friendly manner. In this respect, it should be immaterial whether or not a particular provider that seeks to rely on this derogation itself already uses such technology on the date of entry into force of this Regulation. The types of technologies deployed should be the least privacy-intrusive in accordance with the state of the art in the industry and should not include systematic filtering and scanning of communications containing text but only look into specific communications in case of concrete elements of suspicion of. The technologies deployed should not be able to understand the content of the communications but solely be able to detect patterns of possible child sexual abuse.
Amendment 123 #
2020/0259(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation restricts the right to protection of the confidentiality of communications and derogates from the decision taken in Directive (EU) 2018/1972 to subject number-independent interpersonal communications services to the same rules as all other electronic communications services as regards privacy. The period of application of this Regulation should, therefore, be limited until 31 December 2025, that is to say for a time period reasonably required for the adoption of a new long-term legal framework, with more elaborate safeguards. This new legal framework will provide a new legal basis and mandatory requirements for companies to detect and report child sexual abuse online and remove child sexual abuse and child sexual exploitation material online. The new legal framework should also incorporate more elaborate safeguards, as well as the creation of a European Centre to prevent and counter child sexual abuse, to improve transparency and accountability. In case the long-term legislation is adopted and will enter into force before that date, that legislation should repeal this Regulation.
Amendment 128 #
2020/0259(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation restricts the right to protection of the confidentiality of communications and derogates from the decision taken in Directive (EU) 2018/1972 to subject number-independent interpersonal communications services to the same rules as all other electronic communications services as regards privacy. The period of application of this Regulation should, therefore, be limited until 31 December 20252, that is to say for a time period reasonably required for the adoption of a new long-term legal framework, with more elaborate safeguards. In case the long-term legislation is adopted and will enter into force before that date, that legislation should repeal this Regulation.
Amendment 136 #
2020/0259(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The images and videos depicting child sexual abuse material concern the child's intimacy, and are therefore special categories of data whose processing to enable its dissemination is unlawful. Companies should not be prevented from taking measures to prevent that processing and ensure that their services are not abused for the purpose of disseminating images and videos of child sexual abuse.
Amendment 143 #
2020/0259(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down temporary and strictly limited rules derogating from certain obligations laid down in Directive 2002/58/EC, with the sole objective of enabling providers of number-independent interpersonal communications services to continue the use of technologies for the processing of personal and other data to the extent necessary to detect and report child sexual abuse online and remove child sexual abuse and child sexual exploitation material on their services.
Amendment 149 #
2020/0259(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b – introductory part
Article 2 – paragraph 1 – point 2 – point b – introductory part
(b) solicitation of children for the purpose of engaging in sexual activities with a child or of producing child pornography by any of the followingas:
Amendment 151 #
2020/0259(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b – point i
Article 2 – paragraph 1 – point 2 – point b – point i
(i) luring the child by means of offering gifts or other advantagesthe proposal by an adult to meet a child for the purpose of committing any of the offences referred to in Articles 3(4) and 5(6) of Directive 2011/93/EU;
Amendment 153 #
2020/0259(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b – point iii
Article 2 – paragraph 1 – point 2 – point b – point iii
Amendment 156 #
2020/0259(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c a (new)
Article 2 – paragraph 1 – point 2 – point c a (new)
(ca) 'child prostitution' as defined in Article 2(d) of Directive 2011/93/EU.
Amendment 167 #
2020/0259(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the processing is proportionate and limited to well-established technologies regularly used by providers of number- independent interpersonal communications services for that purpose before the entry into force of this Regulation, and that are in accordance with the state of the art used in the industry and are the least privacy- intrusive;
Amendment 170 #
2020/0259(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) the provider clarifies, in its annual reporting, the legal basis for the processing of personal data pursuant to Regulation (EU) 2016/679;
Amendment 172 #
2020/0259(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the technology used is in itself sufficiently reliable in that it limits to the maximum extent possible the rate of errors regarding the detection of content representing child sexual abuse, and where such occasional errors occur, their consequences are rectified without delayhild sexual abuse online;
Amendment 175 #
2020/0259(COD)
(ba) the provider puts in place redress mechanisms to ensure that users who believe that they have been wrongfully included in a report of child sexual abuse online can refer their cases to the provider for review, and, where an error has occurred, its consequences are rectified without delay;
Amendment 184 #
2020/0259(COD)
(e) the provider annually publishes a report on its related processingmakes publicly available and submits a report to the supervisory authority in accordance with Regulation (EU) 2016/679 by ... [six months after the date of entry into force of this Regulation] and to the European Commission, and annually thereafter, of the processing of personal data allowed by the restriction provided for in this Regulation, including on the type and volumes of data processed, number of cases identifiedthe legal basis for the processing pursuant to Article 6 of Regulation (EU) 2016/679, the legal basis for the transfers of personal data outside the Union pursuant to Chapter V of Regulation (EU) 2016/679, the number of cases identified, the number of cases in which a user has lodged a complaint with the internal redress mechanism or with a judicial authority and the outcome of those proceedings, measures applied to select and improve key indicators, numbers and ratios of errors (false positives) of the different technologies deployed, measures applied to limit the error rate and the error rate achieved, the retention policy and the data protection safeguards applied pursuant to Regulation (EU)2016/679.
Amendment 189 #
2020/0259(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
This Regulation shall not apply to the scanning of text or audio communications, other than on the basis of an appropriate legal base.
Amendment 201 #
2020/0259(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Obligation for a data protection impact assessment and a prior consultation and authorisation of the supervisory authorities Providers of number-independent interpersonal communications services shall, in order to rely on the restriction provided for by this Regulation, conduct a data protection impact assessment pursuant to Article 35 of Regulation (EU) 2016/679 and a prior consultation procedure pursuant to Article 36 thereof by ... [three months after the date of entry into force of this Regulation]. Providers of number-independent interpersonal communications services deploying anti-grooming activities shall request prior authorisation from the supervisory authorities by ... [six months after the entry into force of this Regulation]. The Member States shall ensure that the supervisory authorities have sufficient resources for these procedures, in line with the requirements set out by Regulation (EU) 2016/679.
Amendment 206 #
2020/0259(COD)
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3b Complaint mechanism Providers of number-independent interpersonal communications services shall establish an effective and accessible mechanism allowing users to submit a complaint against the action of the provider where: - their content or identity has been reported to an organisation acting in the public interest against child sexual abuse or to law enforcement authorities or which has been removed, where the material reported or removed does not constitute child sexual abuse online in accordance with this Regulation, or; - their identity has been reported to an organisation acting in the public interest against child sexual abuse or to law enforcement authorities, where the user received unsolicited child sexual abuse material.
Amendment 210 #
2020/0259(COD)
Proposal for a regulation
Article 3 c (new)
Article 3 c (new)
Article 3c Reporting back by law enforcement authorities and organisations acting in the public interest against child sexual abuse to the providers of number- independent interpersonal communications services Law enforcement authorities and organisations acting in the public interest against child sexual abuse shall report back to the providers of number- independent interpersonal communications services with general information to improve the accuracy of their activities, without providing personal data.
Amendment 211 #
2020/0259(COD)
Proposal for a regulation
Article 3 d (new)
Article 3 d (new)
Article 3d Statistics By ... [six months after entry into force of Regulation] the Member States shall make publicly available and submit reports to the Commission, and thereafter on an annual basis, with statistics on all of the following elements: (a) the total number of reports with detected child sexual abuse provided by number-independent interpersonal communications services and/or organisations acting in the public interest against child sexual abuse to law enforcement authorities in the Member States; (b) the number of children rescued by means of the activities mentioned in Article 3; (c) the number of perpetrators arrested and convicted; (d) the number of false positives; (e) the breakdown of methods used to detect child sexual abuse; The Commission shall aggregate these statistics and take them into account when reviewing this Regulation, pursuant to [Article 3f (new)].
Amendment 213 #
2020/0259(COD)
Proposal for a regulation
Article 3 e (new)
Article 3 e (new)
Article 3e Review 1. On the basis of the reports provided by the data protection authorities pursuant to [Article 3(1)(e)] and the statistics provided by Member States pursuant to [Article 3d (new)], the Commission shall by ... [one year after entry into force of Regulation], and thereafter annually, conduct a review of this Regulation and submit and present a report to the European Parliament and Council. 2. In conducting its review, the Commission shall pay special attention to: (a) all conditions for processing data enumerated under [Article 3 (1)(a)]; (b) the proportionality of activities set out in this Regulation, including an assessment of the statistics submitted by the Member States under [Article 3d]; (c) developments in technological progress regarding such activities, and the extent to which these improve accuracy and reduce false positives.
Amendment 216 #
2020/0259(COD)
It shall apply from 21 December 2020 until 31 December 20252.
Amendment 296 #
2020/0104(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The Facility should also be a tool to protect the Union's budget in the event of generalised deficiencies as regards the rule of law. In such a case, the Commission should adopt a decision by means of an implementing act to suspend the period for the adoption of decisions on proposals for recovery and resilience plans or to suspend payments under this Facility in accordance with Regulation [.../....] on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States. The Commission should adopt a decision by means of an implementing act to lift the suspension of the period or of payments.
Amendment 300 #
2020/0104(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) It is essential that the legitimate interests of the final recipients and beneficiaries of the Facility are properly safeguarded from the suspension of payments in the event of a generalised deficiencies as regards the rule of law. In such case, the Commission should take over the responsibility of the management of the Facility. Such a tool in the Facility to protect the Union's budget in the event of generalised deficiencies as regards the rule of law should be aligned on any other tool pursuing the same objective in other EU legislation.
Amendment 760 #
2020/0104(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9a Measures linking the Facility to the protection of the Union budget in the case of generalised deficiencies as regards the rule of law 1. In the event of generalised deficiencies as regards the rule of law in a Member State affecting the principles of sound financial management or the protection of the financial interests of the Union, as defined in Article 3 of Regulation [.../....] on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, the Commission shall adopt a decision by means of an implementing act : (a) to suspend the time period for the adoption of the decisions referred to in Articles 17(1) and17(2) of this Regulation, or; (b) to suspend payments under the Facility. The decision to suspend payments referred to in the first subparagraph shall apply to payment applications submitted after the date of the decision to suspend. The suspension of the time period referred to in Article 17 shall apply from the day after the adoption of the decision referred to in the first subparagraph. In case of suspension of payments, under Article 4(3) of Regulation [.../....] on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States shall apply. 2. The legitimate interests of the final recipients and beneficiaries of the Facility shall be properly safeguarded in the event of suspension of payment due to generalised deficiencies according to paragraph 1. When adopting such measures, the Commission shall take into account their potential impact on final recipients and beneficiaries. Where a suspension of payments affects the final recipients and beneficiaries, the Commission shall take the necessary measures to take over the responsibility of the management of the funds, and continue making the payments to them. Final recipients and beneficiaries shall be duly informed about the situation of generalised deficiencies by the responsible national authority. They shall also be provided with the adequate information, guidance and user-friendly tools, including via a website or an internet portal, to continue benefiting from the funds. 3. In the event of a positive assessment by the Commission in accordance with Article6 of Regulation [.../....] on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, the Commission shall adopt a decision by means of an implementing act to lift the suspension of the time period or of payments referred to in the previous paragraph. The relevant procedures or payments shall resume the day after the lifting of the suspension.
Amendment 23 #
2019/2208(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas sustainable returns and successful reintegration are important indicators in the assessment of the effectiveness of returns; whereas currently post-return monitoring is not sufficiently comprehensive and accurate; whereas evidence has emerged that not all returns are sustainable, especially in relation to unaccompanied minors, due to a lack of a personal reintegration plan or support upon return;
Amendment 53 #
2019/2208(INI)
3. Stresses that the Commission’s statement that the return rate decreased from 46 % in 2016 to 37 % in 2017 may not present the full picture, as people who received a return decision were not necessarily returned within the same year, some Member States issue more than one return decision to one person, or to people whose whereabouts are unknown, and return decisions are not withdrawn if the return does not take place owing to difficulties in cooperation with third countries or for humanitarian reasons, or people return voluntarily without their return being registered; stresses than an effective return policy is a key element of a well-functioning EU asylum and migration policy;
Amendment 59 #
2019/2208(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Member States to allocate adequate capacity, including human resources and sufficient training, to authorities responsible for taking return decisions and implementation, so as to invest in the quality of them;
Amendment 60 #
2019/2208(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the importance of improving the effective implementation of the directive; calls on the Commission to make better implementation of the directive a priority and to launch infringement procedures where justified; highlights that such effectiveness should not only be measured in quantitative terms by referring to the return rate, but also in qualitative terms, such as the sustainability of returns and fundamental rights; stresses that measuring the effective implementation of the directive should be further enhanced and further streamlined among Member States in order to strengthen transparency and comparability of data;
Amendment 69 #
2019/2208(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that the Commission has stated that the lack of third country identification and readmission of returnees is one of the main reasons for non-return; stresses the need for improving the relations with third countries in a constructive migration dialogue to ensure a mutually beneficial cooperation for effective and sustainable returns;
Amendment 72 #
2019/2208(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Regrets the informalisation of cooperation with third countries; calls on the Member States to support the Commission to conclude formal EU readmission agreements, thereby coupled with EU parliamentary scrutiny and judicial oversight; stresses that incentives, including financial, should be offered to facilitate cooperation;
Amendment 85 #
2019/2208(INI)
5. Stresses the importance of ensuring compliance with return decisions and recalls the key principle enshrined in the directive that voluntary returns should be prioritised over forced returns; as they prove to be more sustainable;
Amendment 90 #
2019/2208(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on Member States to share information and best practices on successful and humane voluntary returns, and to provide operational assistance among Member States when requested to strengthen and improve the operational effectiveness of voluntary returns;
Amendment 112 #
2019/2208(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that a broad definition of the risk of absconding may lead to Member States frequently refraining from granting a period for voluntary departure; recalls that lifting the voluntary departure period also leads to the imposition of an entry ban, which may further undermine voluntary departure; stresses the need for enhanced implementation of the current legal framework in order to step up successful voluntary returns;
Amendment 116 #
2019/2208(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the need for more cooperation on return between the Member States, including information sharing and the application of Directive2001/40/EC on the mutual recognition of decisions on the expulsion of third country nationals, in line with fundamental rights guarantees; underlines the need for support, including operational, by the relevant Union agencies; stresses the need for increased cooperation between the Member States and Frontex;
Amendment 120 #
2019/2208(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Highlights the importance of providing individual case management and assistance, tailored to the individual circumstances and prospects of the returnee when assisting in assisted voluntary return in all stages of the process, with particular attention for unaccompanied minors;
Amendment 149 #
2019/2208(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with regret the limited use of Article 6(4) of the directive; is concerned about the failure of Member States to issue a temporary residence permit where return has proven not to be possible; underlines the fact that granting residence permits to individuals who cannot return to their coRecalls that Article 6(4) of the directive provides Member States with the possibility to grant an autonomous residence permit to a third-country national staying irregularly on their territory; stresses the importance of successfully exhausting the options provided in the directive to enforce return decisions, highlighting voluntary of origin could help to prevent protracted irregular stays and facilitate individuals’ social inclusion and contribution to societyreturn; notes however with regret the limited use of Article 6(4) of the directive where return has proven not to be possible;
Amendment 168 #
2019/2208(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. StressNotes that although the threat of imposition of an entry ban may serve as an incentive to leave a country within the time period of voluntary departure, once imposed, entry bans mactually reduce the incentive to comply with a return decision and may increase the risk of absconding; calls on Member States to consider timing imposition of the entry ban in order to successfully effectuate a return decision;
Amendment 187 #
2019/2208(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes differences in the transposition into national legislations of the definition ofRecalls that Article 3(7) of the directive states that the ‘'risk of absconding’ and reiterates that Article 3(7) of the directive provides that the existence of such a risk should always be assessed on the basis of objective criteria defined by law' means the existence of reasons in an individual case which are based on objective criteria defined by law to believe that a third-country national who is the subject of return procedures may abscond; notes differences in the transposition into national legislations of the definition of the ‘risk of absconding’;
Amendment 194 #
2019/2208(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is concerned that the legislation of several Member States includes extensive and sometimes divergent lists of ‘objective criteria’ for defining the risk of absconding, which are often applied in a more or less automatic way, while individual circumstances are of marginal consideration; underlines the need for a harmonized and exhaustive common Union list of objective criteria to establish the risk of absconding;
Amendment 218 #
2019/2208(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that a significant number of children are still detained in the European Union as part of return procedures, which constitutes a direct violation of the UN Convention on the Rights of the Child, as the UN Committee on the Rights of the Child has clarified that children should never be detained for immigration purposes, and detention can never be justified as in a child’s best interests; calls on Member States to provide adequate, humane and non-custodial alternatives to detention when in the best interest the child and where necessary to guarantee their safety;
Amendment 231 #
2019/2208(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to ensure that Member States and Frontex have monitoring bodies in place that are supported by a proper mandate, capacity and competence, a high level of independence and expertise, and transparent procedures; urges the Commission to ensure the establishment of a post-return monitoring mechanism to understand the fate of returned persons, with particular attention for unaccompanied minorshere legally and practically possible, with particular attention for vulnerable groups such as unaccompanied minors; highlights the need to follow up on reintegration plans of returnees to ensure the effective implementation; calls on the Commission to facilitate the exchange of good practices between the Member States regarding post-return monitoring and to allocate sufficient funding for this purpose;
Amendment 116 #
2019/2199(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas persistent racist, xenophobic and homophobic attitudes are starting to be seen as normal in the Member States and are embraced by opinion leaders and politicians across the EU, fostering a social climate that provides fertile ground for racism, discrimination and hate crimes;
Amendment 135 #
2019/2199(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas an independent judiciary, freedom of expression and information and media pluralism are crucial components of the rule of law;
Amendment 171 #
2019/2199(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the values referred to in Article 2 of the TEU are in serious risk, whereas the development of education and training to foster critical thinking, to give tools to identify all forms of discrimination and intolerance and promote digital literacy, is crucial;
Amendment 233 #
2019/2199(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas access to justice is a fundamental right and impunity represents an important obstacle for recovery and protection of victims;
Amendment 274 #
2019/2199(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that citizens shall have equal opportunities to access jobs and that employment is, as general principle, the best way to lift people out of poverty;
Amendment 293 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that not all Member States address the phenomenon of discrimination and segregation affecting the schooling of Roma children and children belonging to minorities, emphasizes that European and all national laws prohibit both discrimination and segregation; calls on the Commission and the Member States to take action against such practices urgently and effectively both through legal responses and by promoting mutual understanding and social cohesion; strongly encourages Member States to include respect for diversity, intercultural understanding and human rights into school curricula and to promote inclusive education from an early age in schools;
Amendment 297 #
Amendment 299 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Member States to ensure that migrant and refugee children are granted access to formal and informal education swiftly after their arrival in the European Union territory;
Amendment 300 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the Member States to include in school curricula education about the value of tolerance, in order to provide children with the tools they need to identify all forms of discrimination and the features of hate speech and incitement to violence;
Amendment 301 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Highlights that children face new risks in the digital world and that they have to be educated about their fundamental rights to make this environment safer for them; calls on the Commission and the Member States to promote digital literacy, including media and information literacy, as a part of the basic education curriculum and from the earliest years of schooling;
Amendment 302 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Stresses that political profiling, disinformation and manipulation of information represent a threat to the EU’s democratic values; calls on the Commission and the Member States to contribute to the development of education and training in critical thinking that citizens can form their own opinion to face these risks;
Amendment 309 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Condemns any discrimination based on any grounds, such as prejudice against someone’s sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, as stated in Article 21 of the Charter, or any other form of intolerance or xenophobia and recalls Article 2 of the TEU;
Amendment 311 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Stresses that sexism and gender stereotypes, which have led discrimination against women, have a severe impact on women’s fundamental rights in all spheres of life;
Amendment 332 #
2019/2199(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Condemns the present visible and organised backlash at global and European level against gender equality and women’s rights, including sexual and reproductive health and rights, including a concerning trend of retrogressive policy and legislative proposals in several Member States to restrict sexual and reproductive health and rights;
Amendment 369 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Council to urgently conclude the EU ratification of the Istanbul Convention on preventing and combating violence against women and domestic violence, on the basis of a broad accession, without any limitation;
Amendment 376 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Regrets the rise of number of cases of LGBTI people experiencing bullying and harassment and suffering from discrimination in different aspects of their lives;
Amendment 377 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Strongly condemns all discriminations against LGBTI people and their fundamental rights, including by public authorities and also the growing number of attacks and hate speech against the LGBTI community, motivated by homophobia and transphobia, that are currently on the rise across in the EU, including coming from the State, State officials, Governments at the national, regional and local levels, and politicians;
Amendment 380 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Calls on the Member States to implement the appropriate policies to ensure that the elderly can fully enjoy their social, political and economic rights to avoid their exclusion from society and ensure that life in old age is defined just as much by choice, control and autonomy as in other stages of life;
Amendment 382 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Recalls that the UN Convention on the Rights of Persons with Disabilities (UNCRPD) is a legally binding international treaty, signed and ratified by the EU, the aim being to ensure equal opportunities regarding accessibility, participation, equality, employment, education and training, social protection, health, and EU external action; calls the Member States to implement the appropriate policies to ensure that people with disabilities can fully enjoy their social, political and economic rights;
Amendment 387 #
2019/2199(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. CondemnRecalls thate crime and hate speech violence motivated by racism, xenophobia or religious intolerance, or by bias on the grounds of disability, sexual orientation, gender identity, sexual characteristics or minority status constitutes instances of hate crimes; condemns any form of racism, xenophobia and discrimination and any occurrence of hate crime and hate speech in Europe; warns against their increasing presence and normalisation in many Member States, boosted by the rise of far- right movements and rhetoric, including the spreading of racist, xenophobic, anti- LGBT and other forms of discriminatory discourse by government representatives in certain Member States;
Amendment 394 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 – point a (new)
Paragraph 8 – point a (new)
(a) Considers that Member States should adopt an intersectional approach to combat all forms of discrimination against children, taking into account the vulnerability of – in particular, but not limited to – children with disabilities, migrant children, children with a migrant background, children from minorities and religious groups, LGBTI children, children of LGBTI parents, children of single parents and stateless or undocumented children, who are disproportionately discriminated against for many reasons and who therefore require a specialised approach to meet their specific needs
Amendment 396 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to uphold its proposal for an Equal Treatment Directive and urges the Council to resolve the deadlock that has been obstructing the adoption of this directive in the last decade; calls on Member States to fully implement the Race Equality Directive[1] and the Employment Equality Directive[2]; calls on the Commission to actively fight segregation and discrimination including by initiating infringement procedures with relation to these Directives and to foster the effective application of the Framework Decision on combating certain forms of racism and xenophobia by means of criminal law; recalls that these measures should be accompanied by proper national integration strategies; [1] COUNCIL DIRECTIVE 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin [2] COUNCIL DIRECTIVE 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation
Amendment 406 #
2019/2199(INI)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Racism, xenophobia and related intolerance
Amendment 407 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Condemns the persistence in many Member states of hate speech, hate crime, segregation, exclusion and discrimination of Roma people, including segregation of Roma children in schools, discrimination in the housing sector, access to healthcare and employment; is strongly concerned by the fact that certain governments and political parties seek political gain by encouraging hatred and discrimination against Rome people; calls on the Commission to accelerate infringement procedures in this domain, and especially with regard to the segregation of Roma children in schools; expresses its concern that 2018-2019 saw no major improvement in terms of achieving the goals of the National Roma Integration Strategies; points out that ESIF resources often increase the differences between Roma and non-Roma and calls on the Commission to link ESIF resources to the execution of National Roma Integration Strategies in order to strengthen cohesion and to effectively reduce inequalities;
Amendment 436 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Emphasises the need to encourage victims to report hate crimes or discrimination, and to give them appropriate protection and support;
Amendment 452 #
2019/2199(INI)
Motion for a resolution
Subheading 3
Subheading 3
Freedoms of expression, information, association and media freedom
Amendment 454 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Recalls that Article 11 of the Charter of Fundamental Rights grants everyone the right to freedom of expression, including the right to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers; recalls that Article 12 of the EU Charter of Fundamental Rights enshrines everyone’s right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters; points out that these rights constitute a bedrock of democracy, as they contribute to quality public debate, pluralism and civic participation in democratic processes;
Amendment 456 #
2019/2199(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Condemns attempts by governments to silence media outlets that criticise them and to eliminatealls on Member States to protect and develop a vibrant, independent, pluralist and free media sector; condemns in this respect any measures aimed at silencing critical media and undermining media freedom and pluralism, including in sophisticated ways that do not typically lead to an alert being submitted to the Council of Europe Platform for the Protection of Journalism and Safety of Journalists, such as the buying up of; condemns practices consisting in concentrating commercial media outlets byin government members and their cronies and the hijacking of public service media outlets to serve partisan interests-friendly hands and creating government-controlled bodies federating large parts of a country’s media landscape; calls on the European Commission to examine the compliance of such practices with competition law and to take action where necessary; condemns the hijacking of public service media outlets to serve partisan interests; urges Member States to guarantee the highest level of independence of their media authorities and calls on the European Commission to ensure that national media authorities comply de jure and de facto with EU requirements in terms of independence;
Amendment 458 #
2019/2199(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls the fundamental role of investigative journalism in acting as a watchdog in a democratic society, strengthening public oversight of political actors, including in the domain of corruption; condemns the persistence and increase in many Member States of violence, threats and intimidation against journalists, which often lead to self- censorship and undermine citizens’ right to information; calls on law enforcement authorities to step up their efforts to prevent such violence, threats and intimidation; urges the EU and Member States to urgently take the necessary legal and policy steps to establish a safe environment for journalists to operate and to create a permanent programme and funding to support investigative journalism in the EU; expresses its gravest concerns about the fact that investigations linked to the murder of journalists in the EU progress at a very slow pace; urges law enforcement authorities of the Member States concerned to urgently step up their efforts so as to yield significant results in these cases;
Amendment 469 #
2019/2199(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Recalls the fundamental role played by whistle-blowers in making public interest information available and in fostering transparency of both public and private entities; calls on Member States to fully transpose into national law the provisions of Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law as a matter of urgency so as to maximise its effects as soon as it enters into force; calls on Member States to complement such measures to also protect whistle-blowers in cases when they report breaches outside the scope of EU law;
Amendment 472 #
2019/2199(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Points out the persistence of the threat posed by disinformation in terms of quality of public debate, interference in electoral processes and mass manipulation; calls on the commission to strengthen its action to oppose the spread of disinformation by promoting and investing in the strengthening of media literacy, actively supporting quality journalism, supporting the development of new methods to detect disinformation, fostering cybersecurity and data protection and creating a more transparent online ecosystem while safeguarding media freedom and pluralism.
Amendment 481 #
2019/2199(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Condemns the use of violent and disproportionate interventions by law enforcement authorities during peaceful demonstrations; recalls that force must be used as a last resort, and respect the principles of necessity and proportionality, as required under international law and Member State constitutions; encourages the relevant national authorities to ensure a transparent, impartial, independent and effective investigation when the use of disproportionate force is suspected or has been alleged; recalls that law enforcement agencies are fully accountable for the fulfilment of their duties and their compliance with the relevant legal and operational frameworks;
Amendment 485 #
2019/2199(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is deeply concerned about the increasingly shrinking space for independent civil society in some Member States; recalls the importance of ensuring adequate funding to support civil society activitiesRecalls the essential role at local, national, EU and international levels that civil society plays to represent the interest of citizens, to strengthen the voices of those minorities which are not properly represented and to defend and promote the principles enshrined in Article 2 TEU, including respect for human dignity, equality, human rights, democracy and the rule of law; is deeply concerned about the increasingly shrinking space for independent civil society in the EU as a whole;
Amendment 486 #
2019/2199(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is deeply concerned about the increasingly shrinking space for independent civil society in some Member States; recalls the importance of ensuring adequate funding to support civil society activities; Calls upon the European Commission and the Council to increase EU support for civil society organisations defending the values of Article 2 TUE in the European Union through the Rights and Values Programme, the funding of which should be significant, as asked by the European Parliament;
Amendment 493 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Notes that children of LGBTI families and children of single parents, as well as their parents, are victims of human rights violations in the EU and are subject to restrictions on their freedom of movement within the EU as a result of the refusal of some Member States to recognise homosexual parenthood; urges, therefore, the Member States and the Commission to adopt laws that recognise the free movement of public documents and the mutual recognition of the effects of civil status documents in the European Union
Amendment 497 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Member States to refrain from taking measures which, deliberately or not, adversely affect the functioning and operations of civil society, including unreasonable administrative burdens, limiting access to funding, fiscal policy or security and anti-terrorism laws; condemns the harassment, bullying, smearing and threatening of civil society in certain Member States, especially human rights defenders and promoters of democracy; expresses its deepest concerns regarding the self-censorship and chilling effects that result from such practices;
Amendment 503 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Insists that regular and comprehensive monitoring and analysis are crucial to understand the challenges faced by civil society across Europe; calls on the European Commission to include relevant indicators related to civic space, freedom of expression and freedom of association in its annual Rule of Law report, to propose a plan of action to protect and promote civil society, including the adoption of Guidelines for the application of freedom of expression, freedom of association and freedom of peaceful assembly as well as the protection of human rights defenders at risk and to establish an emergency fund for their protection;
Amendment 506 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Calls on both the European Commission and Member States to systematically assess the impact of new legislation on civil society; calls for a revision of the mandate of the EU Fundamental Rights Agency which would enable it to receive and investigate complaints and carry out country specific assessments when negative trends are identified; calls for the creation of an EU- level status for non-profit organisations in order to facilitate cross-borders donations and to provide an alternative in countries where civil society is being threatened;
Amendment 510 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Recalls the importance of ensuring adequate funding to support civil society activities; in this respect calls on the Council to significantly increase the budget allocated to the Rights and Values programme, including by making available easily accessible direct funding for the operations of civil society organisations defending democracy and human rights.
Amendment 511 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Calls on the European Commission to adopt a comprehensive set of measures, including legislation and legal funds for victims, to deter Strategic Lawsuits Against Public Participation (SLAPPs), protecting the fundamental freedoms not only of media actors but also of academia, trade unionists, activists, civil society organisations and individual citizens, including human rights defenders, affected by SLAPPs.
Amendment 528 #
2019/2199(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to propose an urgent solution to resolve the flagrant cases of human rights violations in reception centres for refugees and migrants on European soil;
Amendment 533 #
2019/2199(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Points out that almost a third of asylum seekers are children and are particularly vulnerable; calls on the EU and its Member States to step up their efforts to prevent unaccompanied minors from going missing and end up being victims of trafficking and sexual exploitation;
Amendment 539 #
2019/2199(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses grave concern about consistent reports of violent pushbacks by law enforcement officials in several Member States; calls on the Commission and the Member States to investigate the matter and take effective measures to ensure that such policies and practices are scrapped, including by putting on hold funds for border surveillance and ensuring the independent monitoring of border control activities by national ombudsmen and NGOs; calls on the Commission and the Member States to provide a broad framework to enable orderly migration and avoid pushing migrants to use irregular migration channels;
Amendment 552 #
2019/2199(INI)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Artificial intelligence and data protection
Amendment 564 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Highlights that further safeguards to ensure privacy and data protection are needed in light of the development of new technologies; notes that, aside from ethical implications from emerging technologies such as Artificial Intelligence (AI) and big data, fundamental rights need to be considered;
Amendment 572 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines that the rule of law is a cornerstone of democracy, maintains the separation of powers, ensures accountability, contributes to trust in public institutions and guarantees the principles of legality, legal certainty, prohibition of arbitrariness of the executive powers, judicial independence, impartiality, and equality before the law; stresses that the rule of law and judicial independence in particular are critical for citizens’ ability to enjoy their fundamental rights and freedoms; points out that under Article 47 of the Charter, the fundamental right to an effective remedy requires access to an ‘independent’ tribunal;
Amendment 576 #
Amendment 579 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Reiterates that Article 2 of the TEU prescribes that both the rule of law and fundamental rights are among the values the EU is founded on; highlights that violations of these values undermine mutual trust among the Member States and make cross-border judicial and police cooperation untenable; points out that the ineffectiveness of the EU’s action to protect these values endangers the entirety of EU law and citizens’ rights based thereon, weakens the EU’s credibility and encourages the contagion of violations; calls on the Commission to systemically investigate and fight in a timely manner any breaches of the rule of law and fundamental rights with all tools at its disposal, including by starting infringement proceedings and triggering Article 7 of the TEU;
Amendment 582 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Strongly condemns the ongoing attacks by the ruling governments against judicial independence in Poland and Hungary; calls on the Council to discuss without delay the most recent rule of law developments in Poland in the context of the ongoing Article 7(1) of the TEU procedure; calls on the Commission to urgently initiate infringement proceedings in response to the so-called 'muzzle law' which entered into force on 14 February 2020 and which threatens sanctions on Polish judges applying CJEU judgment of 19 November 2019 concerning guarantees of judicial independence1a; calls on the Commission to equally open infringement proceedings in response to the adoption of the so-called 'omnibus act' (Act CXXVII of 2019), which de facto subjects the regular court system in Hungary to the already politicized Constitutional Court by granting government authorities a right to appeal in politically sensitive cases as an extraordinary remedy; __________________ 1aJoined Cases C-585/18, C-624/18 and C-625/18 A.K. v Krajowa Rada Sądownictwa, and CP and DO v Sąd Najwyższy, Judgment of 19 November 2019.
Amendment 583 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13f. Stresses the importance of ensuring effective prevention of infringements of fundamental rights as a tool to truly protect the rule of law in the EU; underlines the importance of Parliament sending ad hoc delegations to Member States when there is clear evidence of serious breaches of democracy, the rule of law and fundamental rights;
Amendment 584 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Takes the view that the latest developments in several Member States continue to underline the imminent need for an EU mechanism on democracy, the rule of law and fundamental rights, as proposed by Parliament, in the form of an interinstitutional agreement consisting of an annual independent, systematic, evidence-based, non-discriminatory review which assesses, on an equal footing, the compliance of all EU Member States with the values stipulated in Article 2 of the TEU and includes country- specific recommendations, to be followed by an interparliamentary debate and a permanent policy cycle among the EU institutions; in this respect, calls on the Commission and the Council to enter without delay into negotiations with Parliament regarding the modalities of the interinstitutional agreement in accordance with Article 295 of the TFEU; reiterates that the mechanism must complement and reinforce, rather than substitute, the ongoing and future proceedings under Article 7 of the TEU;
Amendment 600 #
2019/2199(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Points out that the access to justice and the right of defence are both, fundamental rights; the disrespect of any of them leads to impunity and injustice, respectively; stresses that fight against impunity has to be a priority for European and national institutions; calls on the EU institutions and the Member States to improve the effectiveness of the European instruments of judicial cooperation, in particular the European Arrest Warrant to ensure the equal protection of victims and suspects or accused persons;
Amendment 606 #
2019/2199(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Strongly condemns the upsurge in the trafficking of human beings and urges the Member States to increase cooperation and step up their fight against organised crime, including smuggling and trafficking in human beings, but also exploitation, forced labour, sexual abuse, and torture, all while protecting victims;
Amendment 4 #
2019/2198(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to its resolution of 11 March 2014 on public access to documents (Rule 104(7)) for the years 2011-2013;
Amendment 43 #
2019/2198(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets that the decision making process in the Council is still shrouded in secrecy, and that the Council tries to circumvent CJEU rulings rather than implementing them;
Amendment 44 #
2019/2198(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on all Member States to take example from Austria, which proactively and swiftly publishes Council documents, including Council presidency proposals;
Amendment 45 #
2019/2198(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
Amendment 46 #
2019/2198(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Regrets the Commission's refusal to publish statistics indicating the effectiveness of EU policies, which hinders any public scrutiny over policies significantly impacting fundamental rights; calls on the Commission to proactively publish such statistics in order to prove that policies are necessary and proportionate to achieve their objective;
Amendment 47 #
2019/2198(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Calls on the Commission to be more transparent as regards contracts with third parties; calls on the Commission to proactively publish information about the tender process including the criteria against which third parties tenders are assessed, possible prior risk assessments, scientific evidence of the effectiveness of the product or service covered, the contract including the amount of EU funding spent and time period, the desired outcomes, possible audits and the assessment of the result;
Amendment 57 #
2019/2198(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls its revised Rules of Procedure according to which Members are invited to adopt the systematic practice of only meeting interest representatives that have registered in the Transparency Register; also recalls that Members are invited to publish online all scheduled meetings with interest representatives falling under the scope of the Transparency Register, while rapporteurs, shadow rapporteurs and committee chairs are obliged, for each report, to publish online all scheduled meetings with interest representatives falling under the scope of the Transparency Register; points out however, that elected representatives are free to meet with anyone they consider relevant and important for their political work, without restrictions, other than legal and penal ones;
Amendment 60 #
2019/2198(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that the current way to find the voting behaviour of Members of European Parliament, via pdf-files covering hundreds of votes on the Parliament's website, is not user-friendly and does not contribute to the EU's transparency; calls for a user-friendly system where for each roll-call vote the text voted and the voting results per group and per MEP are visible at the same time;
Amendment 66 #
2019/2198(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Points out that national governments and parliaments, when deciding on EU matters, are part of the EU legislature, and therefore any meetings with interest representatives lobbying national authorities in their capacity as EU legislators, should be published;
Amendment 68 #
2019/2198(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Deeply regrets that the Commission and Council demand in- camera meetings in Parliament without proper justification; calls for clear criteria and rules governing requests for in camera sessions in the EU institutions;
Amendment 71 #
2019/2198(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that the right of public access to documents of the institutions is inextricably linked with the democratic nature of the institutions; recalls that the widest possible public access to documents is essential to public scrutiny on all aspects of EU activity; recalls that trust of citizens in the Union depends on transparency;
Amendment 75 #
2019/2198(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Reiterates its proposals made in previous reports on access to documents, and regrets the lack of serious follow up by Commission and Council;
Amendment 79 #
2019/2198(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Reiterates its regret that official documents are frequently over-classified; repeats its call on the Commission to propose a regulation laying down clear and uniform rules and criteria for the classification of documents by the EU institutions, bodies and agencies, in addition to rules on transparency;
Amendment 84 #
2019/2198(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Considers it unacceptable that currently the only legal avenue open to citizens for challenging a refusal to an access to documents request is to bring a legal action in the CJEU, which entails extremely lengthy processes, the risk of high, even prohibitive costs, and uncertain outcome, putting an unreasonable and deterring burden on citizens who wish to challenge a decision to refuse (partial) access; emphasises that this means in practice that there is no effective legal remedy against a negative decision on a request for access to documents; welcomes the European Ombudsman fast-track procedure for access to documents, but regrets that her recommendations to the institutions are not legally binding;
Amendment 90 #
2019/2198(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Considers that EU institutions should not call on the opposing party to bear the costs of court cases; calls on the EU institutions to ensure that citizens are not prevented from challenging decisions for want of means;
Amendment 94 #
2019/2198(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that the revision of Regulation (EC) No 1049/2001 has been blocked since 2012, and takes note offundamentally objects to the Commission’s intention to withdraw this proposal; considers the mere fact that a file is blocked in Council, one of the two legislators, insufficient grounds for withdrawal;
Amendment 101 #
2019/2198(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out that, as a result of the entry into force of the TEU and the TFEU, the right of access to documents pertains to all EU institutions, bodies, and agencies; believes that Regulation (EC) No 1049/2001 should be amended and modernised to react to the developments that have taken place in this area, also in the light of the relevant case law of the CJEU and ECtHR; Urges therefore the Council to work constructively with Parliament and finally adopt the revised Regulation;
Amendment 1 #
2019/2187(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to the Treaty on European Union (TEU), in particular Article 3(3) thereof, and the Treaty on the Functioning of the European Union (TFEU), in particular Articles 9, 14, 148, 151, 153, 160 and 1608 thereof and Protocol 26 thereto on services of general interest,
Amendment 3 #
2019/2187(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to the Sustainable Development Goals (SDGs) adopted by world leaders in September 2015 and endorsed by the Council, which voiced its commitment to their implementation, and in particular SDG 11 on sustainable cities and communities calling for specific targets for 2030 to ensure access for all to adequate, safe and affordable housing and basic services and upgrade slums and to enhance inclusive and sustainable urbanisation and capacity for participatory, integrated and sustainable human settlement planning and management in all countries, as well as SDG 3 on ensuring healthy lives and promoting well-being for all at all ages;
Amendment 4 #
2019/2187(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the 2018 WHO Housing and health guidelines ‘Recommendations to promote healthy housing for a sustainable and equitable future’ 1a __________________ 1a https://www.who.int/publications/i/item/w ho-housing-and-health-guidelines
Amendment 17 #
2019/2187(INI)
Motion for a resolution
Recital A
Recital A
A. whereas access to housing is a fundamental right that must be seen as a precondition for the exercise of, and for access to, other fundamental rights and for a life in conditions of human dignity; whereas the life expectancy of homeless people is significantly below the general population;
Amendment 76 #
2019/2187(INI)
Motion for a resolution
Recital F
Recital F
F. whereas inadequate housing conditions negatively affect not only people’s health, wellbeing, and quality of life but also their access to employment and to other economic and social services; whereas WHO identified Housing as a key sector for actions to tackle Health inequalities 20a ; __________________ 20a https://www.who.int/social_determinants/ Guidance_on_pro_equity_linkages/en/
Amendment 83 #
2019/2187(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas by2050, the proportion of people aged 65 or over is expected to reach 29% of the total EU population[1], and whereas the Covid-19 crisis has shown the precarious situation in which many older people live;
Amendment 96 #
2019/2187(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas in defining and implementing its policies and activities, the European Union should ensure a high level of human health protection;
Amendment 132 #
2019/2187(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission and the Member States to ensurwork together in order to promote access for all to shelter, decent housing, including clean and high- quality drinking water and adequate and equitable sanitation and hygiene, and to affordable, reliable and sustainable energy, hence contributing to eradicating poverty in all its forms; reaffirms its call for EU- wide action for a winter heating disconnection moratorium; calls on the Member States to meet the standards laid down by the World Health Organization (WHO) for adequate housing temperature; demands that the revision of the air quality regulation be aligned with WHO standards;
Amendment 139 #
2019/2187(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 231 #
2019/2187(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes with deep concern that the living conditions of Roma continue to be extremely worrying; calls on the Member States to promote spatial desegregation and engage Roma beneficiaries in housing projects, to prevent forced evictions, and to provide halting sites for non-sedentary Roma; emphasises the urgent need for public investment and awareness in this regard;
Amendment 252 #
2019/2187(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the importance of setting transparent eligibility criteria for social and publicly funded housing to ensure equal access to housing; encourages Member States to put in place national strategies to prevent social segregation, through a wider geographical distribution of social housing, available to all citizens regardless of status, gender, religion or ethnicity;
Amendment 272 #
2019/2187(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Encourages Member States to collaborate and finance social investments aimed at solving housing problems with the social partners, civil society and the private sector, many of who play and can play a key role in the development and maintenance of adequate housing solutions for those in vulnerable situations;
Amendment 275 #
2019/2187(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on the of States Members to invest more in accessible nursing homes for the elderly, with quality care services, accessible to a wider range of the elderly population;
Amendment 345 #
2019/2187(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Encourages Member States to ensure all future housing construction and rehabilitation projects aim for smart buildings, where consumption of water and energy of can be monitored and made more costs-efficient, in accordance with the European Union's climate objectives;
Amendment 346 #
2019/2187(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Notes with deep concern that the COVID-19 pandemic increased incidences of domestic violence and child abuse; calls on the Member States to invest in additional and adequate transitional shelters to victims fleeing such situations;
Amendment 6 #
2019/2169(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the Istanbul Convention is the first legally binding international instrument on preventing and combating violence against women and girls, establishing a comprehensive framework of legal and policy measures for preventing violence against women, supporting victims and punishing perpetrators;
Amendment 30 #
2019/2169(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates its call for the Council and the Commission to swiftly adopt the Horizontal Anti-discrimination Directive; welcomes the Commission's intention to propose additional anti-discrimination legislation as set out in the political guidelines for the 2019-2024 European Commission and calls on the Commission to swiftly come up with it;
Amendment 37 #
2019/2169(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern at the widespread prevalence of GBV in all its forms and the lack of full access to sexual and reproductive health and rights (SRHR); condemns serious violations of women's and children's rights within and beyond the EU, including female genital mutilation (FGM), forced abortion and sterilisation, early and forced marriage and other harmful practices against women and girls; calls for an EU-wide action plan to prevent and combat all forms of GBV; to this end calls for the appointment of a coordinator to implement this action plan; harmful practices against women and girls;
Amendment 51 #
2019/2169(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the EU to accede toIs deeply concerned that 33% of women in the EU have experienced physical and/or sexual violence; deplores that six member states - Bulgaria, Czech Republic, Hungary, Lithuania, Latvia and Slovakia - still have not ratified the Istanbul Convention; finds that the failure of the EU to accede to the Istanbul Convention impacts its credibility and ability to be a normative power in the world; urges the EU to accede to and all member states to ratify the Istanbul Convention without delay; commends the Commission on its commitment to propose measures to achieve the same objectives if accession to the Convention remains blocked;
Amendment 56 #
2019/2169(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Expresses its concerns seeing the backlash in terms of gender equality in a number of Member States, fuelled by political discourses often emanating from the highest levels of the state, certain church representatives and a plethora of ultra-conservative organisations promoting a patriarchal vision of society undermining women’s emancipation, autonomy and dignity;
Amendment 57 #
2019/2169(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Condemns the spread of political narratives deliberately misinterpreting the contents of the Istanbul Convention and the rise of homophobic and transphobic hate speech as well as measures such as the promotion of LGBTI-free zones in Poland or the abolition of the legal recognition of trans people in Hungary.
Amendment 59 #
2019/2169(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 77 #
2019/2169(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on Member States to ensure and improve access to justice, inter alia by training law enforcement and judicial staff on GBV and hate crimes, including those committed online; calls on Member States to ensure safe conditions for reporting, combat under-reporting, and provide legal aid as well as integrated support services and shelters; urges the Member States to tackle the impunity for sexual and gender-based violence;
Amendment 85 #
2019/2169(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes with concern the issue of shrinking civic space in relation tofor civil society organisations and human rights defenders working on gender equality, minority and women’s rights and SRHR. and calls for intensified measures to address the shrinking space for civil society;
Amendment 87 #
2019/2169(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is concerned that women are disproportionally affected by the COVID- 19 crisis; is alarmed by the substantial increase in violence against women and girls and particularly domestic violence since the outbreak of COVID-19; calls on the EU and Member States to target specific actions and support for women and girls, including by setting up adequate services to address violence against women and girls and specialist support services for victims such as shelters, helplines, chat services and other creative support solutions;
Amendment 91 #
2019/2169(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Underlines that gender stereotypes are a root cause of gender inequality and that traditional gender roles and stereotypes are formed in early childhood; believes therefore that preventive measures are key to realising gender equality and women and girls empowerment and that schools are a good environment to challenge gender roles and stereotypes; welcomes that the Commission will launch an EU-wide communication campaign combatting gender stereotypes, focussing on youth engagement; finds however that the EU and Member States should make better use of education systems to prevent the development of gender stereotypes in early childhood;
Amendment 2 #
2019/2028(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that effective and carefully consideredsocially inclusive employment policy enhancements reflectingneed to take into account the demographic and automation challenges and the challenges posed by the EU’s commitment to decarbonisation; stresses that such enhancements, accompanied by well-targeted investment strategies and responsible fiscal policies, continue to be an important precondition for sustainable growth which is the key factor leading to quality employment and boosting upward social convergence;
Amendment 45 #
2019/2028(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Deplores that more than a quarter of all children in the EU are at risk of poverty or social exclusion; stresses the importance of Child Guarantee to ensure that living conditions and opportunities of millions of children in Europe would improve considerably; calls for a pilot project to remedy the situation of Roma children by helping schools to become engines of their social inclusion;
Amendment 52 #
2019/2028(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the policy developments in the area of employment and social affairs during the 8th legislature, but emphasises that the policy initiatives need proper, adequate and timely funding to become operational;
Amendment 57 #
2019/2028(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Reiterates that pilot projects (PPs) and preparatory actions (PAs) are very valuable tools to initiate new activities and policies in the fields of employment, in particular enhancing youth employment, and social inclusion and could be used for data and evidence collection in order to improve future Union employment policies;
Amendment 16 #
2018/0902R(NLE)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Draws attention that the Hungarian elections were held on 3 April 2022 without addressing recommendations of the ODIHR and GRECO related to campaign finance legislation what negatively affected the transparency and accountability of campaign finances;
Amendment 39 #
2018/0902R(NLE)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas changes brought to the electoral code over the years through constituency reshaping and winner compensation are disadvantaging opposition parties; whereas in response to worries over the fairness of the elections and appeals from civil society, the OSCE decided to send a full-scale international election observation mission for the general elections held 3 April 2022, which is a rare occurrence regarding EU Member States;
Amendment 40 #
2018/0902R(NLE)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Draws attention to the consequences of the war in Ukraine and the need for immediate responses from Member States. Calls on the Commission to ensure that the need for immediate responses does not lead to unnecessary flexibility and reduced impact of the instruments for upholding the rule of law in the Union, pursuant to both Article 7 TEU and the budgetary conditionality regulation;
Amendment 70 #
2018/0902R(NLE)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Amendment 74 #
2018/0902R(NLE)
Motion for a resolution
Recital K
Recital K
K. whereas on 5 April 2022, the Commission President announced that Commissioner for Budget Johannes Hahn had informed the Hungarian authorities about the Commission’s plans to move on to the next step and formally trigger the Rule of Law Conditionality Regulation5 , mainly over corruption concerns; whereas on 27 April 2022, the Commission finally started the formal procedure against Hungary under the Rule of Law Conditionality Regulation by sending a written notification; _________________ 5 Regulation (EU, Euratom) 2020/2092 of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, OJ L 433 I , 22.12.2020, p. 1.
Amendment 77 #
2018/0902R(NLE)
Ka. whereas on 24th of July 2020 the removal of Hungary’s top independent news portal index.hu editor-in-chief prompted the collective resignation of more than 70 journalists who were denouncing clear interference and governmental pressure on their media outlet; whereas in recent years critical voices have been silenced, most independent outlets have either gone out of business, or have been bought by government allies and received lucrative flows of state advertising;
Amendment 78 #
2018/0902R(NLE)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the consolidation of over 470 media outlets under KESMA (Central European Press and Media Foundation) has had dramatic impacts in terms of shrinking of the space available for independent and opposition media and access to information for the Hungarian citizens; whereas the funds spent for public media and KESMA are essentially used for government propaganda and discrediting the opposition and non- governmental organizations; whereas the manipulation of media ownership, state capture of regulators and formerly independent outlets, government advertising revenue and the granting of licenses are methods by which the media environment can be skewed in favour of the government and are already exported in other parts in Europe;
Amendment 80 #
2018/0902R(NLE)
Motion for a resolution
Recital K c (new)
Recital K c (new)
Kc. whereas according to the study financed by the European Commission conducted by the European federation of Journalists (EFJ), the Centre for Media Pluralism and Media Freedom (CMPF) at the European University Institute in Florence, Mapping Media Freedom, released in July 2020, the coronavirus crisis had arguably the biggest effect on media freedom in Hungary; whereas the new legislation against the spreading of “false” or “distorted” information, passed during the state of emergency in Hungary, caused uncertainty and self- censorship among media outlets and actors;
Amendment 83 #
2018/0902R(NLE)
Motion for a resolution
Recital K d (new)
Recital K d (new)
Kd. whereas in July 2021 the investigative portal Direkt36 revealed, based on a leaked database, that about 300 Hungarian citizens - among which journalists, lawyers, politicians, businesspeople critical of the government, former state officials- were targeted by the Pegasus spyware of the Israeli NSO Group between 2018 and 2021; whereas these revelations raised concerns about politically motivated surveillance against Hungarian citizens and the abuse of the NSO spyware;
Amendment 94 #
2018/0902R(NLE)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas Hungary ranks 69 out of 139 countries in the World Justice Project 2021 Rule of Law Index (down two places compared to the previous year) and occupies the last place (31 out of 31) in the EU, EFTA, and North America region;
Amendment 97 #
2018/0902R(NLE)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas Hungary ranks 73 out of the 180 countries and territories covered by the Transparency International 2021 Corruption Perception Index (down by one place compared to the previous year) and its ranking has been constantly declining since 2012;
Amendment 99 #
2018/0902R(NLE)
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. whereas Hungary ranks 85 out of the 180 countries and territories covered by the Reporter without Borders 2022 World Press Freedom Index and is listed in the analysis for the Europe -Central Asia region as one of the countries that have intensified draconian laws against journalists;
Amendment 101 #
2018/0902R(NLE)
Motion for a resolution
Recital L d (new)
Recital L d (new)
Ld. whereas there is increasing expert consensus that Hungary is no longer a democracy; whereas according to the University of Gothenburg V-Dem Democracy Index 2019, Hungary became the EU’s first ever authoritarian Member State; whereas Hungary was identified as a “hybrid regime,” having lost its status as a “semi-consolidated democracy” in the 2020 Freedom House Nations in Transit Report; whereas Hungary is rated as a "flawed democracy" and ranks 56 out of 167 countries (one position below its 2020 ranking) in the Economist Intelligence Unit’s 2022 Democracy Index; whereas according to the V-Dem Democracy Index 2022, among the Union members, Hungary and Poland are among the top autocratizers in the world over the last decade;
Amendment 104 #
2018/0902R(NLE)
Motion for a resolution
Recital L e (new)
Recital L e (new)
Le. whereas the Hungarian government continued attacks on academic freedoms; whereas on 31st of August 2020 the management of Hungary’s prestigious University of Theatre and Film Arts (SZFE) resigned in protest over the imposition of a government-appointed board; whereas a law passed by parliament in 2020 had transferred the ownership of the state-run theatre school to a private foundation whose members have close links to the Orban government; whereas the Ministry of Technology and Innovation appointed five members to the new board of trustees, rejecting members proposed by the university’s senate; whereas in recent years the actions of the government aimed at exerting control over academia and sciences in an effort to root out teaching or scientific research that counter the government’s conservative agenda; whereas another example in this regard is stripping the Academy of Sciences of its autonomy through the controversial bill adopted in July 2019; whereas the EU should act more forcefully in order to safeguard the autonomy of universities in Hungary;
Amendment 107 #
2018/0902R(NLE)
Motion for a resolution
Recital L f (new)
Recital L f (new)
Lf. whereas two thirds of the 33 public interest asset management foundations performing public duties (KEKVAs) that have been created by the end of 2021 will manage higher education institutions previously run by the state; whereas civil society and Hungarian independent intellectuals have warned against the massive privatisation in the field of higher education and the threat it poses for freedom of research and teaching;
Amendment 110 #
2018/0902R(NLE)
Motion for a resolution
Recital L g (new)
Recital L g (new)
Lg. whereas on 15 June 2021, the Hungarian Parliament adopted a law originally intended to fight paedophilia, which, following amendments proposed by Members from the ruling Fidesz party, contains clauses prohibiting the portrayal of homosexuality and gender- reassignment to minors; whereas the law prohibits homosexuality and gender reassignment from being featured in sex education classes, and stipulates that such classes can now only be taught by registered organisations; whereas changes to the Business Advertising Law and to the Media Law require that adverts and content featuring LGBTI people must be rated as Category V (i.e. not recommended for minors); whereas the association of sexual orientation and gender identity with criminal acts such paedophilia is unacceptable and leads to further discrimination and stigmatisation of sexual minorities;
Amendment 113 #
2018/0902R(NLE)
Motion for a resolution
Recital L h (new)
Recital L h (new)
Lh. whereas civil society, and especially public interest non- governmental organizations (NGOs), have been facing increasing pressure in Hungary; whereas, although the government repealed the bill previously declared incompatible with EU law by the ECJ, according to the new law, these organizations can now be subjected to regular financial inspections by the State Audit Office; whereas civil society organizations are concerned that the Audit Office, whose main function is to monitor the use of public funds, not private donations, will be used to put more pressure on them; whereas civil society organisations have warned that with the new NGO law, the state interferes with the autonomy of association of organisations established on the basis of the right of association, the privacy of citizens who stand up for public interest and that it is detrimental to the exercise of freedom of expression and to the democratic public as a whole;
Amendment 213 #
2018/0902R(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that, taken together, the facts and trends mentioned in Parliament’s resolutions represent a systemic threat to the values of Article 2 TEU and constitute a clear risk of a serious breach thereof; strongly condemns the systematic threats to the rule of law, democracy and fundamental rights that have been brought about by the Hungarian government to the detriment of its own people and expresses deep regret that the lack of decisive EU action has contributed to turning Hungary into a hybrid regime of electoral autocracy, according to the relevant indices;
Amendment 219 #
2018/0902R(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly regDeplorets the inability of the Council to make meaningful progress in the ongoing Article 7(1) TEU procedure; urges the Council to ensure that hearings take place at a minimum once per Presidency during ongoing Article 7 TEU procedures and also address new developments affecting the rule of law, democracy and fundamental rights; calls on the Council to publish comprehensive minutes after each hearing; emphasises that there is no need for unanimity in the Council either to identify a clear risk of a serious breach of Union values under Article 7(1), or to address concrete recommendations to the Member States in question and provide deadlines for the implementation of those recommendations; reiterates its call for the Council to do so, underlining that any further delay to such action would amount to a breach of the rule of law principle by the Council itself; stresses that Member States have the obligation to act together and put an end to attacks on core EU values; calls on the Council to issue recommendations to Hungary as soon as possible in order to remedy the issues mentioned in its resolution of 12 September 2018 and in the present resolution, asking it to implement all the judgments and recommendations mentioned; insists that Parliament’s role and competences be duly respected;
Amendment 220 #
2018/0902R(NLE)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Council and the Commission to devote more attention to systemic changes that have been brought about by the government in its systematic dismantling of Rule of Law, as well as to the interplay between the various breaches of EU values identified in its resolutions; underlines that leaving Rule of Law breaches unchecked undermines democratic institutions and eventually affects the human rights and lives of everyone in the country,
Amendment 147 #
2018/0329(COD)
(7) The link between the decision on ending of the legal stay of a third-country national and the issuing of a return decision should be reinforced in order to reduce the risk of absconding and the likelihood of unauthorised secondary movements. It is necessary to ensure that a return decision is issued immediately after the decision rejecting or terminating the legal stay, or ideally in the same act or decision. That requirement should in particular apply to cases where an application for international protection is rejected, provide. This should always be under the condition that the full scope of the principle of non-refoulement under European and international law is individually assessed in the asylum procedure and that the return procedure is automatically suspended until that rejection becomes final and pending the outcome of an appeal against that rejection.
Amendment 153 #
2018/0329(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The need for Union and bilateral readmission agreements with third countries to facilitate the return process is underlined. International cooperation with countries of origin at all stages of the return process is a prerequisite to achieving sustainable return. This should be improved through constructive migration dialogues and the use of positive incentives, including financial, to improve the identification and readmission of returnees. Union formal readmission agreements negotiated by the Commission and coupled with Union parliamentary scrutiny and judicial oversight are crucial to achieve this.
Amendment 168 #
2018/0329(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To ensure clearer and more effective rules for granting a period for voluntary departure and detaining a third- country national, determining whether there is or there is not a risk of absconding should be based on Union-wide objective criteria. Moreover this Directive should set out specific criteria which establish a ground for a rebuttable presumption that a risk of absconding existsa closed, harmonized and exhaustive list of proven, Union-wide objective criteria defined by law.
Amendment 180 #
2018/0329(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Where there are no reasons to believe that the granting of a period for voluntary departure would undermine the purpose of a return procedure, voluntary return should be preferred over forced return and an appropriate period for voluntary departure of up to thirty days, depending in particular on the prospect of return, should be granted. A period for voluntary departure should not be granted where it has been assessed should be granted. Exceptionally, a period for voluntary departure of no less than 15 days could also be granted, after an individual assessment of the prospect of voluntary return. A period of less than 15 days can only be granted where it has been individually assessed, in line with the exhaustive list of objective criteria as outlined in this Directive, that third- country nationals pose a risk of absconding, have or had a previous application for legal stay dismissed as fraudulent or manifestly unfounded, or they pose a risk to public policy, public security or national security. An extension of the period for voluntary departure should be provided for when considered necessary because of the specific circumstances of an individual case.
Amendment 188 #
2018/0329(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to promote voluntary return, Member States should have operational programmes providing for enhanced return assistance and counselling, which mayshould include support for reintegration in third countries of return tailored to the individual circumstances and prospects of the returnee, with particular attention for unaccompanied minors, taking into account the common standards on Assisted Voluntary Return and Reintegration Programmes developed by the Commission in cooperation with Member States and endorsed by the Council.
Amendment 203 #
2018/0329(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The deadline for lodging an appeal against decisions related to return should provide enough time to ensure access to an effective remedy, while taking into account that long deadlines can have a detrimental effect on return procedures. To avoid possible misuse of rights and procedures, a maximum period not exceeding fivebetween ten and fifteen days should be granted to appeal against a return decision. This provision should only apply following a decision rejecting an application for international protection which became final, including after a possible judicial review.
Amendment 208 #
2018/0329(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The appeal against a return decision that is based on a decision rejecting an application for international protection which was already subject to an effective judicial remedy shcould take place before a single level of jurisdiction only, sinceonly when the third-county national concerned would have already had his or her individual situation examined and decided upon by a judicial authority in the context of the asylum procedure, including an individual assessment of the full scope of the principle of non-refoulement under European and international law.
Amendment 216 #
2018/0329(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An appeal against a return decision should always have an automatic suspensive effect only in cases where there is a risk of breach of the principle of non-refoulementexcept where judicial authorities have fully assessed the principle of non-refoulement and have found that this principle does not risk to be breached.
Amendment 224 #
2018/0329(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In cases where the principle of non- refoulement is not at stakejudicial authorities have fully assessed the principle of non- refoulement and have found that this principle does not risk to be breached, appeals against a return decision should not have an automatic suspensive effect. The judicial authorities should be able to temporarily suspend the enforcement of a return decision in individual cases for other reasons, either upon request of the third- country national concerned or acting ex officio, where deemed necessary. Such decisions should, as a rule, be taken within 48 hours. Where justified by the complexity of the case, judicial authorities should take such decision without undue delay.
Amendment 245 #
2018/0329(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 265 #
2018/0329(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Given that maximum detention periods in some Member States are not sufficient to ensure the implementation of return, a maximum period of detention between three and six months, which may be prolonged,A maximum period of detention of three months should be established in order to provide for sufficient time to complete the return procedures successfully, without prejudice to the established safeguards ensuring that detention is only applied when necessary and proportionate and for as long as removal arrangements are in progress. This period may not be prolonged, except for twice for a period of up to three months each, each after judicial review, and only in cases where, regardless of all the reasonable efforts by the Member State authorities, the removal operation is likely to last longer owing to a lack of cooperation by the third-country national concerned.
Amendment 285 #
2018/0329(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 290 #
2018/0329(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 296 #
2018/0329(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 306 #
2018/0329(COD)
Amendment 311 #
2018/0329(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 337 #
2018/0329(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Member States' return authorities need to process personal data to ensure the proper implementation of return procedures and the successful enforcement of return decisions. The third countries of return are often not the subject of adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679 of the European Parliament and of the Council18 , or under Article 36 of Directive (EU) 2016/68019 , and have often not concluded or do not intend to conclude a readmission agreement with the Union or otherwise provide for appropriate safeguards within the meaning of Article 46 of Regulation (EU) 2016/679 or within the meaning of the national provisions transposing Article 37 of Directive (EU) 2016/680. Despite the extensive efforts of the Union inThe Union should thus cooperatinge with the main countries of origin of illegalrregularly staying third-country nationals subject to an obligation to return, it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals. Readmission agreements, should therefore be concluded or beingand negotiated by the Union or the Member States and, providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or pursuant to the national provisions transposing Article 36 of Directive (EU) 2016/680, cover a limited number of such third countries. In the situation where such agreements do not exist, personal data should be transferred by Member States' competent authorities for the purposes of implementing the return operations of the Union, in line with the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 of Directive (EU) 2016/680. _________________ 18Regulation (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). 19 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119 4.5.2016, p. 89).
Amendment 365 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
7. ‘risk of absconding’ means the proven existence of specific reasons in an individual case which are based on objective criteriaand specific criteria strictly defined by law to believe that a third- country national who is the subject of return procedures may abscond;
Amendment 372 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
9. ‘vulnerable persons’ means minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, lesbian, gay, bisexual, trans and intersex persons, persons belonging to religious minorities, non-believers, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual and gender based violence.
Amendment 378 #
2018/0329(COD)
Proposal for a directive
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
(a) ensure that their treatment and level of protection are no less favourable than as set out in Article 10(4) and (5) (limitations on use of coercive measures), Article 11(2)(a) (postponement of removal), Article 172 (return and removal of children), Article 15 (form), Article 16 (remedies), Article 17 (safeguards pending return)14(1)(b) and (d) (emergency health care and taking into account needs of vulnerable persons), Article 18 (detention) and Articles 19 and 20 (detention conditions) and
Amendment 381 #
2018/0329(COD)
Proposal for a directive
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
(b) respect the principle of non- refoulement., best interest of the child, family life and state of health (Article 5)
Amendment 383 #
2018/0329(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the best interests of the child as the primary consideration in all decisions concerning minors;
Amendment 388 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph -1 (new)
Article 6 – paragraph -1 (new)
-1. The existence of a risk of absconding shall be determined on the basis of an overall assessment of the specific circumstances and the future behaviour that can be reasonably expected in the individual case, taking into account the following objective criteria
Amendment 393 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The objective criteria referred to in point 7 of Article 3 shall include at leastmay only include the following criteria:
Amendment 397 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 398 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 402 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 404 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 417 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point k
Article 6 – paragraph 1 – point k
(k) existence of conviction for a criminal offence, including for a serious criminal offence in another Member State;
Amendment 422 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point m
Article 6 – paragraph 1 – point m
(m) using false or forged identity documents, destroying or otherwise disposing of existing documents, or refusing to provide fingerprints as required by Union or national law;
Amendment 432 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 439 #
Amendment 446 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall impose on third-country nationals the obligation to cooperate withtake measures that facilitate that the competent authorities ofand the Member States at all stages of the return procedures. That obligation shall include the following in particular:third country national to mutually cooperate and provide information.
Amendment 447 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
Amendment 454 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 457 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
Amendment 463 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Amendment 474 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The elements referred to in point (a) of paragraph 1 shall include the third- country nationals’ statements and documentation in their possession regarding the identity, nationality or nationalities, age, country or countries and place or places of previous residence, travel routes and travel documentation. (1) The third country national shall, to the best of his/her knowledge and capabilities, inform the competent authorities on the elements necessary to establish or verify his/her identity, including, where available, documentation regarding nationality or nationalities, age, country or countries and place or places of previous residence, travel routes and travel documentation. The third country national shall also remain present and available throughout the procedure and shall, to the extent possible and where not jeopardising his or her rights or safety, cooperate with lodging a request for obtaining a valid travel document with the competent authorities of third countries.
Amendment 478 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall inform the third-country nationals aboutin writing in a concise, transparent, intelligible and easily accessible form, using clear and plain language on the basis of a standard template which shall be developed by the European Border and Coast Guard Agency, and in a language that the applicant understands. Where necessary, this information shall, in addition, be supplied orally and in a visual form through videos or pictograms, and shall take into account the individual circumstances, especially for vulnerable persons. This information shall include, at least, a clear overview of the return procedure, the rights and obligations during the procedure, the consequences of not complying with thean obligation referred to in paragraph 1. to return following a return decision, and the contacts of non-governmental and international organisations that can provide advice, and the options for sustainable returns, such as support and reintegration measures.
Amendment 507 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Member States shall issue a return decision immediately after the adoption of a decision ending a legal stay of a third- country national, including a decision not granting a third-country national refugee status or subsidiary protection status in accordance with Regulation (EU) …/… [Qualification Regulation], only where the full scope of the principle of non- refoulement under European and international law is individually assessed in the asylum procedure.
Amendment 512 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
This Directive shall not prevent Member States from adopting a return decision together with a decision ending a legal stay of a third-country national, a decision on a removal and/or entry ban in a single administrative or judicial decision or act as provided for in their national legislation, without prejudice to the procedural safeguards available under Chapter III and under other relevant provisions of Union and national law.
Amendment 514 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 3
Article 8 – paragraph 6 – subparagraph 3
Amendment 537 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
(b) where an application for legal stay has been dismissed as manifestly unfounded or fraudulent;
Amendment 573 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the chiland the best interests of the child shall be the primary consideration and the guardian or legal representative who is appointed to assist the unaccompanied minor shall be consulted.
Amendment 587 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 609 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The national system shall be set up in a way which ensures technical compatibility allowing for communication with the central system established in accordance with Article 50 of Regulation (EU) …/… [EBCG Regulation]. and in full compliance with all relevant EU data protection law, in particular the GDPR and the Law Enforcement Directive. The Commission shall adopt a delegated act to establish the specific legal framework for this central system and the communication with this system, including clearly identifying the purposes of the processing via this centralised system and of the categories of personal data to be processed for each of these purposes.
Amendment 621 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
The granting of such assistance, including its kind and extent, shallmay be subject to the cooperation of the third-country national concerned with the competent authorities of the Member States as provided for in Article 7 of this Directive, where the non- cooperation of the third country national gives substantial reason to assume that the third country national will not cooperate with the reintegration support in the future.
Amendment 634 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
The third-country national concerned shall be afforded an effective remedy to appeal against or seek review of decisions related to return, as referred to in Article 15(1), before a competent judicial authority. Member states shall allocate to judicial authorities the capacity required for the proper implementation of this directive, including human resources and training, so as to guarantee the quality and expediency of judicial review
Amendment 637 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
The third-country national concerned shallcan be granted the right to appeal only before a single level of jurisdiction against the return decision where that decision is based on a decision rejecting an application for international protection taken in accordance with Regulation EU) …/… [Asylum Procedure Regulation] that was subject to an effective judicial review in accordance with Article 53 of that Regulation, only where the full scope of the principle of non-refoulement under European and international law is individually assessed in the asylum procedure.
Amendment 643 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
The enforcement of the return decision shall be automatically suspended during the period for bringing thean appeal at first instance and, where that appeal has been lodged within the set period, during the examination of the appeal, where there is a risk to breachgainst that decision during the examination of the appeal and until the decision on appeal has been notified to the third country national. An appeal against a return decision shall have an automatic suspensive effect except in cases where judicial authorities have assessed the full scope of the principle of non- refoulement. Should a further appeal against a first or subsequent appeal decision be lodged, and in all other cases, t under European and international law and have found that this principle does not risk to be breached. The enforcement of the return decision shall notcan also be suspended unlesswhen a court or tribunal decides otherwiseto do so, taking into due account the specific circumstances of the individual case upon the applicant’s request or acting ex officio.
Amendment 650 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 3 – introductory part
Article 16 – paragraph 3 – subparagraph 3 – introductory part
Where no relevant new elements or findings have arisen or have been presented by the third-country national concerned which significantly modify the specific circumstances of the individual case, the first and the second subparagraphs of this paragraph shall not apply where:
Amendment 656 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Member States shall grant a period not exceeding fivebetween ten and fifteen days to lodge an appeal against a return decision when such a decision is the consequence of a final decision rejecting an application for international protection taken in accordance with Regulation (EU) …/… [Asylum Procedure Regulation].
Amendment 672 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Unless other sufficient but less coercive measures can be applied effectively in a specific case, Member States may only keep in detention a third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removal process, in particular when:
Amendment 696 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Detention shall be maintained for as long a period as the conditions laid down in paragraph 1 are fulfilled and it is necessary to ensure successful removal. Each Member State shall set a maximumlimited period of detention of not less than three months and not more than sixwhich may not exceed three months.
Amendment 699 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 6 – introductory part
Article 18 – paragraph 6 – introductory part
6. Member States may not extend the period referred to in paragraph 5 except for two consecutive times of each a limited period not exceeding each a further twelve3 months in accordance with national law, and always after judicial review, in cases where regardless of all their reasonable efforts the removal operation is likely to last longer owing to:
Amendment 701 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 6 – point b
Article 18 – paragraph 6 – point b
Amendment 715 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Unaccompanied minors and families with minors shall onlynot be detained as a measure of last resort and for the shortest appropriate period of timend will be provided with adequate, humane and non-custodial alternatives to detention when in the best interest of the child and where necessary to guarantee their protection.
Amendment 721 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Families detained pending removal shall be provided with separate accommodation guaranteeing adequate privacyMember States shall therefore establish appropriate care arrangements and accommodate minors and families with minor children. Appropriate care arrangements and reception measures for minor children and their families shall be community based, the least intrusive possible and respect the right to privacy and family life. These care arrangements should provide for personnel and facilities which take into account the needs of persons their age. Minors shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have, depending on the length of their stay, access to education. Unaccompanied minors shall as far as possible be provided with accommodation in institutions provided with personnel and facilities which take into account the needs of persons of their age.
Amendment 726 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 728 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 735 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The best interests of the child shall be a primary consideration in the context of thealternatives to detention ofor minors pending removal.
Amendment 738 #
2018/0329(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. In situations where an exceptionally large number of third-country nationals to be returned places an unforeseen heavy burden on the capacity of the detention facilities of a Member State or on its administrative or judicial staff, such a Member State may, as long as the exceptional situation persistfor a period of maximum three months, decide to allow for periods for judicial review longer than those provided for under the third subparagraph of Article 18(2) and to take urgent measures in respect of the conditions of detention derogating from those set out in Articles 19(1) and 20(2). The Member States shall, within three months, and under coordination by the Commission and EU Agencies, take all necessary measures to ensure adequate capacity.
Amendment 752 #
2018/0329(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
The Commission shall report every three years to the European Parliament and the Council on the application of this Directive in the Member States and, if appropriate, propose amendments. Such report shall be accompanied by a full Commission impact assessment of the transposition and implementation of this Directive by each Member States.
Amendment 332 #
2018/0108(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Immunities and privileges, which may refer to categories of persons (such as diplomats, doctors, journalists, etc.) or specifically protected relationships (such as lawyer-client privilege), are referred to in other mutual recognition instruments such as the European Investigation Order. Their range and impact differ according to the applicable national law that should be taken into account at the time of issuing the Order, as the issuing authority may only issue the Order if a similar order would be available in a comparable domestic situation. In addition to this basic principle, immunities and privileges which protect access, transactional or content data in the Member State of the service provider should be taken into account as far as possible in the issuing State in the same way as if they were provided for under the national law of the issuing State. This is relevant in particular should the law of the Member State where the service provider or its legal representative is addressed provide for a higher protection than the law of the issuing Stateconfidentiality of sources) or rules relating to freedom of the press and freedom of expression in other media differ according to the applicable national law and should be taken into account at the time of issuing the Order. The provision also ensures respect for cases where the disclosure of the data may impact fundamental interests of that Member State such as national security and defence. As an additional safeguard, these aspects should be taken into account not only when the Order is issued, but also later, when assessing the relevance and admissibility of the data concerned at the relevant stage of the criminal proceedings, and if an enforcement procedure takes place, by the enforcing authority.
Amendment 461 #
2018/0108(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. This Regulation shall not apply to proceedings initiated by the issuing authority for the purpose of providing mutual legal assistance to another Member State or a third country.
Amendment 465 #
2018/0108(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. Electronic evidence shall not be used for the purpose of proceedings other than those for which it was obtained in accordance with this Regulation.
Amendment 468 #
2018/0108(COD)
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3 b. Authorities of a Member State which is subject to a procedure referred to in Article 7(1) or 7(2) of the Treaty on European Union may issue European Preservation Orders and may not issue European Production Orders.
Amendment 736 #
2018/0108(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Suspects and accused persAnyonse whose data was obtainedsought via a European Production Order or a European Preservation Order shall have the right to effective remedies against the European Production Order during the criminal proceedings for which the Order was issued,issuing State and the enforcing State without prejudice to remedies available under Directive (EU) 2016/680 and Regulation (EU) 2016/679.
Amendment 12 #
2017/0360R(NLE)
Motion for a resolution
Citation 22
Citation 22
— having regard to the four infringement procedures launched by the Commission against Poland in relation to the reform ofchanges to the Polish judicial system, of which the first two resulted in judgments of the Court of Justice finding violations of the second subparagraph of Article 19(1) of the Treaty on European Union enshrining the principle of effective judicial protection, while the two other procedures are still pending,
Amendment 21 #
2017/0360R(NLE)
Motion for a resolution
Recital B
Recital B
B. whereas, in contrast to Article 258 of the Treaty on the Functioning of the European Union, the scope of Article 7 of the Treaty on European Union is not limited to the obligations under the Treatiescomprises all foundational principles of the European Union referred to in Article 2 of the Treaty on European Union, as indicated in the Commission Communication of 15 October 2003, and whereas the Union can assess the existence of a clear risk of a serious breach of the common values in areas falling under Member States’ competences;
Amendment 24 #
2017/0360R(NLE)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. Underlines that the Member States of the European Union have, in accordance with Article 49 of the Treaty on European Union, freely and voluntarily committed themselves to the common values referred to in Article 2 of the Treaty on European Union;
Amendment 48 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that the latest developments in the ongoing hearings under Article 7(1) TEU once again underline the imminent need for a complementary and, preventive and binding Union mechanism on democracy, the rule of law and fundamental rights as put forward by Parliament in its resolution of 25 October 2016;
Amendment 81 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is concerned, while recognising the extraordinary circumstances created by the COVID-19 health crisis, about the amendments to the electoral legislation being considered in the Polish parliament shortly before the presidential elections which change the practical organisation of the elections in order to proceed to a vote by postal services, which could impede the elections from taking a fair, secret and equal course, respectful of the right to privacy and Regulation (EU) 2016/679 of the European Parliament and of the Council23 and which moreover run counter to the case law of the Polish Constitutional Tribunal when constitutional review was still effective; stresses, moreover, that it is very difficult to organise a genuine election campaign giving an equal share of attention and equal opportunities to all candidates and programmes and allowing for real public debate in the midst of an epidemic24 ; _________________ 23Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 24OSCE/ODIHR, Opinion on the draft act on special rules for conducting the general election of the President of the Republic of Poland ordered in 2020 (Senate Paper No. 99), 27 April 2020.
Amendment 84 #
2017/0360R(NLE)
Motion for a resolution
Subheading 6
Subheading 6
Amendment 85 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises that while the organisation of the justice system is a national competence; reiterates that, all the same,in the Member States falls within their competence, the Member States are required to comply with their obligations under Union law when exercising this competence, as repeatedly held by the CJEU; reiterates that national judges are essentially also European judges, applying Union law, which is the reason why the Union, including the CJEU, has to watch over the independence of the judiciary in all the Member States as one of the exigencies of the rule of law and as laid down inmaking their independence a common concern for the Union, including the Court of Justice; calls on the Polish authorities to uphold and maintain the independence of Polish courts; calls on the Commission and the Council to take all necessary measures to ensure that Polish courts remain independent and are able to ensure effective judicial protection as required by Article 19 TEU and Article 47 of the Charter;
Amendment 90 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the acts concerning the Constitutional Tribunal adopted on 22 December 2015 and 22 July 2016 seriously affected the Constitutional Tribunal’s independence and legitimacy and were therefore declared unconstitutional by the Constitutional Tribunal on respectively 9 March 2016 and 11 August 2016; recalls that those judgments were not published at the time nor implemented by the Polish authorities; seriously deplores the lack of independent and effective constitutional review in Poland25 ; invites the Commission to consider launching an infringement procedure in relation to the legislation on the Constitutional Tribunal, its current unlawful composition and its active role in preventing compliance with the preliminary ruling of the Court of Justice of 19 November 2019; _________________ 25Venice Commission Opinion of 14-15 October 2016, para. 128; UN, Human Rights Committee, Concluding observations on the seventh periodic report of Poland, 31 October 2016, paras 7-8; Commission Recommendation (EU) 2017/1520.
Amendment 100 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that the CJEU found in its judgment of 24 June 201928 that lowering the retirement age of sitting judges of the Supreme Court is contrary to Union law and breaches the principle of the irremovability of judges and thus that of judicial independence, after it had earlier granted the Commission’s request for interim measures on the matter by order of 17 December 201829 ; notes that the Polish authorities passed an amendment to the act on the Supreme Court in order to comply with the CJEU’s Order, the only instance so far in which they undid a reform ofchanges to the justice system following a decision by the CJEU; _________________ 28Judgment of the Court of Justice of 24 June 2019, Commission v Poland, C- 619/18, ECLI:EU:C:2019:531. 29Order of the Court of Justice of 17 December 2018, Commission v Poland, C- 619/18 R, ECLI:EU:C:2018:1021.
Amendment 110 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls that it is up to the Member States to establish a council for the judiciary, but that, where such council is established, its independence must be guaranteed in line with European standards and the constitution; recalls that, following the 2017-2018 reform of the NCJ, the body responsible for safeguarding the independence of the courts and judges in accordance with Article 186(1) of the Polish Constitution, the judicial community in Poland lost the power to delegate representatives to the NCJ, and hence its influence on recruitment and promotion of judges; recalls that before the 2017 reform, 15 out of 25 members of the NCJ were judges elected by their peers, while since the 2017 reform, those judges are elected by the Polish Sejm; strongly regrets that, taken in conjunction with the immediate replacement in early 2018premature termination in early 2018 of the mandates of all the members appointed under the old rules, this measure led to a far-reaching politicisation of the NCJ34 ; _________________ 34Consultative Council of European Judges, Opinions of the Bureau of 7 April 2017 and 12 October 2017; OSCE/ODIHR, Final Opinion on Draft Amendments to the Act of the NCJ, 5 May 2017; Venice Commission, Opinion of 8-9 December 2017, p. 5-7; GRECO, Ad hoc Report on Poland (Rule 34) of 19-23 March 2018 and Addendum of 18-22 June 2018; Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, paras 42 and 61.
Amendment 118 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to start infringement proceedings against the act of 12 May8 December 20117 on the NCJ and to ask the CJEU to suspend the activities of the new NCJ by way of interim measures;
Amendment 125 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Deplores the abuse of disciplinary proceedings against judges and prosecutors in Poland; is deeply concerned by the motion filed by the National Prosecution Office to the Disciplinary Chamber of the Supreme Court to waive the immunity of Judge Igor Tuleya; is similarly concerned by the disciplinary proceedings initiated against other judges, including Krystian Markiewicz, Chairperson of the Polish Judges’ Association “Iustitia”, and Paweł Juszczyszyn; calls on Polish authorities to stop using disciplinary proceedings to disguise politically motivated reprisals against specific judges and prosecutors for applying EU law or their public defence of the rule of law in Poland;
Amendment 133 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Concurs with the Commission, the Parliamentary Assembly of the Council of Europe and, the Group of States against Corruption and the United Nations Special Rapporteur on the independence of judges and lawyers that the aforementioned separate reformchanges to the judicial system, considering their interaction and overall impact, amount to a serious, sustained and systemic breach of the rule of law, enabling the legislative and executive powers to influence the functioning of the judiciary in a critical manner, thereby significantly weakening the independence of the judiciary in Poland43 ; _________________ 43Recommendation (EU) 2018/103; condemns the destabilizing impact on the Polish legal order of the measures taken and appointments made since 2016; _________________ 43Recommendation (EU) 2018/103; United Nations, Special Rapporteur on the independence of judges and lawyers, Statement of 25 June 2018; GRECO, Follow-up to the Addendum to the Fourth Round Evaluation Report (rule 34) – Poland, 6 December 2019, para. 65; PACE, Resolution 2316 (2020) of 28 January 2020 on the functioning of democratic institutions in Poland, para. 4.
Amendment 142 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Is concerned that, since the entry into force on 14 February 2020 of the amendments to the act on the Supreme Court, only the Extraordinary Chamber, whose independence and impartiality itself is in question, can decide whether a judge or tribunal or court is independent and impartial, hence depriving citizens of an important element of judicial review at all other instances45 ; _________________ 45Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para 59; recalls that according to the case law of the Court of Justice, the right to a fair trial obliges every court to check of its own motion whether it fulfils the criteria of independence and impartiality; 45a _________________ 45Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para 59. 45aJudgment of the Court of Justice of 26 March 2020, Simpson v Council and HG v Commission, Joined Cases C-542/18 RX-II and C-543/18 RX-II, ECLI:EU:C:2020:232, para 57.
Amendment 155 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Expresses concern over use and threat of libel litigation against academics and the Polish Ombudsman; calls on Polish authorities to respect freedom of speech and academic freedom; denounces attempts to silence the Polish Ombudsman, an independent institution enshrined in the Polish Constitution;
Amendment 228 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and called on the Commission to strongly condemn such public discrimination; notes the lack of any improvement in the situation of LGBTI people in Poland since;
Amendment 235 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Notes that the lack of independence of the judiciary in Poland has already started affecting mutual trust between Poland and other Member States, especially in the field of judicial cooperation in criminal matters; points out that mutual trust between the Member States can be restored only once respect for the values enshrined in Article 2 TEU is ensured; considers the threat to the uniformity of the Union legal order posed by rule of law deconsolidation in Poland to be particularly serious;
Amendment 241 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Calls on the Polish government to comply with all provisions relating to the rule of law and fundamental rights enshrined in the Treaties, the Charter of Fundamental Rights, the ECHR and international human rights standards, and to engage directly in honest dialogue with the Commission; calls on the Polish government to swiftly and fully implement the rulings of the CJEU and to respect the primacy of Union law;
Amendment 242 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
48a. Calls on the Council and the Commission to refrain from narrowly interpreting the rule of law principle, and to use the Article 7(1) TEU procedure to its full potential by addressing the implications of the Polish government’s action for all the principles enshrined in Article 2 TEU, including democracy and fundamental rights, such as freedom of association, women’s rights, media freedom and the right to free and fair elections;
Amendment 246 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Calls upon the Council to resume the formal hearings - the last one of which was held as long ago as December 2018 - as soon as possible and to include in those hearings all the latest and major negative developments in the areas of rule of law, democracy and fundamental rights; urges the Council to finally act under the Article 7(1) TEU procedure by finding that there is a clear risk of a serious breach by the Republic of Poland of the values referred to in Article 2 TEU, in the light of overwhelming evidence thereof as displayed in this resolution and in so many reports of international and European organisations, the case-law of the CJEU and the European Court of Human Rights and reports by civil society organisations; strongly recommends that the Council address concrete recommendations to Poland, as provided for in Article 7(1) TEU, as a follow-up to the hearings, and that it indicate deadlines for the implementation of those recommendations; calls on the Council to keep Parliament regularly informed and closely involved; furthermore on the Council to commit to assessing the implementation of these recommendations in a timely manner and, should conditions warrant it, move forward under Article 7(2) TEU; calls on the Council to keep Parliament regularly informed and closely involved; points out the need for informing, in a transparent manner, about the proceedings in the Council in order to allow for meaningful participation and oversight by all European institutions and civil society;