Activities of Elena YONCHEVA
Plenary speeches (5)
One-minute speeches (Rule 179)
Escalation of violence in the Middle East and the situation in Lebanon (debate)
Strengthening the security of Europe’s external borders: need for a comprehensive approach and enhanced Frontex support (debate)
Strengthening the security of Europe’s external borders: need for a comprehensive approach and enhanced Frontex support (debate)
Managing migration in an effective and holistic way through fostering returns (debate)
Amendments (1003)
Amendment 138 #
2023/0135(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Member States should be provided with the tools and measures to combat the most serious corrupt behaviour, involving abuse of high level power or causing serious harm to societies. In order to ensure improved track record of tackling high level corruption cases across all Member States, it is imperative that national authorities dispose of specific measures with regards to the prevention, repression, investigation and prosecution of cases involving high level officials or gross misappropriation of public funds or resources.
Amendment 140 #
2023/0135(COD)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) Corruption is not a victimless crime and the rights of victims of corruption should be safeguarded on the same level as those of victims of other crimes, including regarding the right to information, support and protection. Victims of corruption should be represented in court proceedings, consulted about corruption investigation and adequately compensated. This will ensure that the consequences and the damage of corruption to societies are recognised and guarantees the rights of people suffering from corruption.
Amendment 145 #
2023/0135(COD)
Proposal for a directive
Recital 5
Recital 5
(5) To root out corruption, both preventive and repressive mechanisms are needed. Member States are encouraged to take a wide range of preventive, legislative and cooperative measures as part of the fight against corruption. Whereas corruption is first and foremost a crime and specific acts of corruption are defined in national and international law, failings in integrity, undisclosed conflicts of interests or serious breaches of ethical rules can become corrupt activities if left unaddressed. The prevention of corruption mitigates the need for criminal repression and has wider benefits in promoting public trust and managing the conduct of public officials. Effective anti-corruption approaches oftenin all Member States should build on measures to enhance transparency, ethics and integrity, as well as by regulating in areas, considered to be enablers of corruption, such as conflict of interest, lobbying and, revolving doors, public procurements and political parties financing. Public bodies should seek the highest standards of integrity, transparency and independence as an important part of tackling corruption more broadly.
Amendment 148 #
2023/0135(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Member States should have in place bodies or units specialised in the repression and investigation and specialised in the prevention of corruption. Member States may decide to entrust a body with a combination of preventive and law enforcement functions. In order to ensure that these bodies operate effectively, they should meet a number of conditions, including having the independence, resources and powers that are necessary to ensure the proper administration of their tasks. The management of the specialised bodies should be appointed through an open and transparent procedure in full compliance with the principle of legislative oversight, including several branches of government, to ensure public trust in the national anti-corruption bodies and avoid potential conflicts of interest.
Amendment 150 #
2023/0135(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) To ensure coordinated EU oversight over the efforts of Member States to tackle corruption, Member States should facilitate the tasks of an EU Anti- Corruption Coordinator. The Coordinator should be responsible for improving coordination and coherence among EU institutions, EU agencies and Member States and should contribute to the effective application of this Directive. To ensure implementation of the country- specific recommendations in regards to combatting corruption set out in the Commission annual Rule of Law Report, the Coordinator should report on the actions that Member States take to address and fulfil them. On its own initiative, or upon the request of the Commission, the Anti-Corruption Coordinator may draw up opinions regarding national measures which may have a significant impact on the implementation of this Directive, including the national anti-corruption strategies of the Member States.
Amendment 216 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
(b) any other person assigned and exercising a public service function or providing public service in Member States or third countries, for an international organisation or for an international court.
Amendment 230 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. ‘high level officials’ are heads of state, heads of central and regional government, members of central and regional government, as well as other political appointees who hold a high level public office such as deputy ministers, state secretaries, heads and members of a minister’s private office, and senior political officials, executives of state- owned corporations, leaders of political parties, as well as members of parliamentary chambers, members of highest Courts, such as Constitutional and Supreme Courts, and members of Supreme Audit Institutions.
Amendment 235 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
8a. ‘victim of corruption’ means a legal person, in accordance with national law, who is a victim as defined in Article 2(1), point (a), of Directive 2012/29/EU of the European Parliament and of the Council60a, that has suffered harm as a result of any of the offences within the scope of that Directive; _________________ 60a Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, OJ L 315, 14.11.2012, p. 57, ELI: http://data.europa.eu/eli/dir/2012/29/oj
Amendment 239 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 b (new)
Article 2 – paragraph 1 – point 8 b (new)
8b. ‘high level corruption’ means the commission of any offences referred to in Articles 7 to 14, where the offence involves a high level official or results in a gross misappropriation of public funds or resources.
Amendment 252 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall take measures to ensure that key preventive tools such asare in place, such the development of national anti-corruption strategies in consultation with the relevant specialised bodies referred to in Article (4) and civil society, an open access to information of public interest, effective rules for the disclosure and management of conflicts of interests in the public sector, effective rules for the disclosure and verification of assets of public officials and effective rules regulating the interaction between the private and the public sector are in placefor the disclosure and transparency of national political parties financing.
Amendment 258 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
Amendment 260 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. Member States shall take measures to regulate the movement of public officials from positions of public office to positions in the same field in the private or voluntary sector in either direction. Those measures shall include restrictions on post-term employment of public officials and post-term employment of interest representatives with a period of time, as determined in national law, following the end of their mandate during which public officials and interest representatives shall not undertake employment related to their former professional activities.
Amendment 262 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 3 c (new)
Article 3 – paragraph 3 c (new)
3c. Member States shall take measures to ensure transparency and accountability of public procurements. Such measures shall include creating a public and easily accessible national procurement register, providing standardised data, including information on all procurement contracts concluded by the public authorities.
Amendment 269 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 4 – point b
Article 3 – paragraph 4 – point b
(b) members of law enforcement and the judiciary, including measures relating to their merit-based appointment and conduct, and by ensuring adequate remuneration and equitable pay scales.
Amendment 277 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2 – point b
Article 3 – paragraph 5 – subparagraph 2 – point b
(b) develop anti-corruption action plans to address the main risks in the sectors identified.
Amendment 293 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures to ensure that one or several bodies, or organisational units specialised in the repression of corruptionand investigation of corruption, including high-level corruption, is or are in place.
Amendment 298 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) are functionally independent from the government and have a sufficient number of qualified staff, including on the operational level, and the financial, technical and technological resources, as well as the powers and tools necessary to ensure the proper administration of their tasks;
Amendment 300 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 3 – point a a (new)
Article 4 – paragraph 3 – point a a (new)
Amendment 302 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 3 – point a b (new)
Article 4 – paragraph 3 – point a b (new)
(ab) are managed by executive member or members with an adequate and sufficient term of office, ensuring functional political independence. The executive member or members shall be appointed through a transparent, open and non-discriminatory procedure in accordance with the principle of legislative oversight. The selection criteria shall be predictable and known no less than 1 year before the planned appointment.
Amendment 304 #
2023/0135(COD)
Proposal for a directive
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) provide public access to relevant information on the exercise of their activities, including annual reports on their activities, with due regard for the protection of personal data and the confidentiality of investigations;
Amendment 311 #
2023/0135(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article4a Coordination of Union strategy on combating corruption 1. In order to contribute to a coordinated and consolidated Union strategy on combating corruption, Member States shall facilitate the tasks of a European Union Anti-Corruption Coordinator (‘the Coordinator’). In particular, Member States shall transmit to the Coordinator, when requested, information referred to in Article 26 of this Directive. 2. The Coordinator shall promote the effective and consistent application of this Directive and shall monitor the implementation of the provisions of Articles 3 and 4 of this Directive. 3. The Coordinator shall advise the Commission, on its own initiative or where requested by it, on the implementation of the country-specific recommendations related to combatting corruption, set out in the Commission annual Rule of Law Reports, or on national measures which might have a significant impact on their implementation.
Amendment 315 #
2023/0135(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall take the necessary measures to ensure that national authorities competent for the prevention, detection, investigation, prosecution or adjudication of the criminal offences referred to in this Directive are continually provided with an adequate number of qualified staff and the financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.
Amendment 318 #
2023/0135(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall take the necessary measures to ensure adequate resources for and the provision of training at a regular interval for its national officials to be able to identify different forms of corruption and corruption risks that may occur in the exercise of their duties and to react in a timely and appropriate manner to any suspicious activity.
Amendment 375 #
2023/0135(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article13a Liability for serious negligence The conduct referred to in Articles 7 to 13 shall constitute a criminal offence when committed with serious negligence.
Amendment 379 #
2023/0135(COD)
(a) the criminal offences referred to in Article 7 and 12 are punishable by a maximum term of imprisonment of at least sixeight years;
Amendment 380 #
2023/0135(COD)
Proposal for a directive
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) the criminal offences referred to in Article 8 to 11 are punishable by a maximum term of imprisonment of at least fiseven years; and
Amendment 381 #
2023/0135(COD)
Proposal for a directive
Article 15 – paragraph 2 – point c
Article 15 – paragraph 2 – point c
(c) the criminal offence referred to in Article 13 is punishable by a maximum term of imprisonment of at least foursix years.
Amendment 394 #
2023/0135(COD)
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) criminal or non-criminal fines, the maximum limit of which should not be less than 510 percent of the total worldwide turnover of the legal person, including related entities, in the business year preceding the decision imposing the fine;
Amendment 396 #
2023/0135(COD)
Proposal for a directive
Article 17 – paragraph 2 – point i a (new)
Article 17 – paragraph 2 – point i a (new)
(ia) the publication of all or part of the judicial decision that relates to the criminal offence committed and the sanctions or measures imposed, where there is a public interest, without prejudice to rules on privacy and the protection of personal data.
Amendment 399 #
2023/0135(COD)
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) the offender ice involves a high level official or constitutes high level corruption;
Amendment 405 #
2023/0135(COD)
Proposal for a directive
Article 18 – paragraph 1 – point g a (new)
Article 18 – paragraph 1 – point g a (new)
Amendment 406 #
2023/0135(COD)
Proposal for a directive
Article 18 – paragraph 1 – point g b (new)
Article 18 – paragraph 1 – point g b (new)
(gb) the offender does not provide assistance to enforcement authorities when legally required;
Amendment 407 #
2023/0135(COD)
Proposal for a directive
Article 18 – paragraph 1 – point g c (new)
Article 18 – paragraph 1 – point g c (new)
(gc) in the case of legal persons, the offence was committed by a person having a leading positons within the legal person concerned.
Amendment 408 #
2023/0135(COD)
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
Amendment 412 #
2023/0135(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Member States shall take the necessary measures to ensure that privileges or immunities from investigation and prosecution granted to national officials for the offences referred to in this Directive can be lifted, either at the national official's own initiative or through an objective, impartial, effective and transparent process pre-established by law, based on clear criteria, and that is concluded within a reasonable timeframe. Member States shall take the necessary measures to ensure that privileges and immunities accorded to public officials shall not be applicable in instances of investigation and prosecution of cases involving high level corruption.
Amendment 418 #
2023/0135(COD)
Proposal for a directive
Article 20 – paragraph 1 – point c a (new)
Article 20 – paragraph 1 – point c a (new)
(ca) the offence is committed in any Member State and is a case of high level corruption.
Amendment 448 #
2023/0135(COD)
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article23a Victims compensation 1. Member States shall take measures to ensure that victims of the criminal offences referred to in this Directive shall be afforded the rights under Directive 2012/29/EU. 2. Member States shall take measures to ensure the identification and timely notification of victims of corruption. Member States shall accord victims of corruption the right to instigate legal proceedings with the aim of securing proportional and adequate compensation for the infringement of their rights.
Amendment 459 #
2023/0135(COD)
Proposal for a directive
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. The Commission, through the EU network against corruption, and the European Union Anti- Corruption Coordinator, shall in particular:
Amendment 468 #
2023/0135(COD)
Proposal for a directive
Article 26 – paragraph 2 – point a a (new)
Article 26 – paragraph 2 – point a a (new)
(aa) the number of cases involving high level officials reported;
Amendment 469 #
2023/0135(COD)
Proposal for a directive
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
(b) the number of cases investigated, including those involving cross-border cooperation;
Amendment 470 #
2023/0135(COD)
Proposal for a directive
Article 26 – paragraph 2 – point b a (new)
Article 26 – paragraph 2 – point b a (new)
(ba) the number of cases involving high level officials investigated, including those involving cross-border cooperation;
Amendment 471 #
2023/0135(COD)
Proposal for a directive
Article 26 – paragraph 2 – point d
Article 26 – paragraph 2 – point d
(d) the averagemedian, average and maximum length of the criminal investigations of cases;
Amendment 472 #
2023/0135(COD)
(fa) the number of convictions for corruption crimes related to offences committed by a public official;
Amendment 477 #
2023/0135(COD)
Proposal for a directive
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Member States shall, on an annual basis and by 1 June, publish, in a publicly available manner and in a machine- readable and disaggregated format, the statistical data referred to in paragraph 2 for the previous year and inform the Commission and the European Anti- Corruption Coordinator thereof.
Amendment 506 #
2023/0135(COD)
Proposal for a directive
Article 30 – paragraph 3
Article 30 – paragraph 3
3. By [48 months after the deadline for implementation of this Directive], the Commission, in consultation with the Anti-Corruption Coordinator, shall submit a report to the European Parliament and to the Council, assessing the added value of this Directive with regard to combating corruption. The report shall also cover the impact of this Directive on fundamental rights and freedoms. On the basis of this evaluation, the Commission shall, if necessary, decide on appropriate follow-up actions.
Amendment 1 #
2022/2203(INI)
Motion for a resolution
Citation 9
Citation 9
— having regard to the Council conclusions of 18 June 2019, 25 March 2020, 14 December 2021, 18 July 2022 and 13 December 2022 on enlargement and the stabilisation and association process,
Amendment 3 #
2022/2203(INI)
Motion for a resolution
Citation 11
Citation 11
— having regard to the outcomes of the first intergovernmental conference with North Macedonia of 19 July 2022 and EU's Negotiating Framework,
Amendment 50 #
2022/2203(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas there has been an increasing number of incidents on ethnic and political grounds, including an attempt to set on fire the premises of the Bulgarian Cultural Club in Bitola in June 2022 and a violent assault against the secretary of the Bulgarian Cultural Club “Tsar Boris III” in January 2023,
Amendment 51 #
2022/2203(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas a number of Bulgarian citizens and journalists willing to enter North Macedonia on the occasion of the ceremony for the 151st anniversary of the birth of Gotse Delchev, a shared national hero for both countries, were denied entry into the country at border crossing points,
Amendment 52 #
2022/2203(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas following a controversial naming of the Bulgarian Cultural Club in Bitola, which opened in April 2022, North Macedonia amended the Law on Associations and Foundations in November 2022, effectively de-registering the association,
Amendment 53 #
2022/2203(INI)
Motion for a resolution
Recital F e (new)
Recital F e (new)
Amendment 60 #
2022/2203(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas progress towards advancement of accession negotiations will be measured against a set of criteria and requirements laid down in the Negotiating Framework, among which North Macedonia’s commitment to good neighbourly relations and the implementation in good faith of bilateral agreements, including the Prespa Agreement with Greece and the Treaty on Good Neighbourly Relations with Bulgaria of 2017,
Amendment 66 #
2022/2203(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the start of the accession negotiations process and the holding of the first Intergovernmental Conference, which is a clear recognition of North Macedonia’s consistent commitment to EU integration, which has been underpinned by steady progress on guaranteeing democracy, the rule of law and fundamental rights, while moving towards cross-cutting policy alignment;
Amendment 97 #
2022/2203(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses concern about the unjustified delays inof the accessstart of the negotiation process; stresses the need to strengthen the process’s transparency, accountability and inclusiveness, including its parliamentary dimension;
Amendment 171 #
2022/2203(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes North Macedonia’s commitment to upholding civil liberties and fundamental rights; welcomes its progresall efforts towards eliminating all types of discrimination and ensuring equality; regrets the increasing number of instances of hate speech, hate crimes and intimidation towards minorities and other vulnerable groups on ethnic and political grounds;
Amendment 180 #
2022/2203(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the authorities to step up the protection of minorities and other vulnerable groups and the prosecution ofevention, identification, investigation and prosecution of perpetrators of hate speech, hate crimes, as well as domestic and online abuse and to improve services for the victims of violence; welcomes changes to the Criminal Code of North Macedonia, covering crimes related to violence against women and the safety of journalists and insists on the need to strengthen North Macedonia’s anti-discrimination commission and Ombudsman’s office;
Amendment 260 #
2022/2203(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. CNotes with concern the recent backsliding of bilateral relations between North Macedonia and Bulgaria; calls for calm, dignity and maturity in bilateral relations, urges regional partners to restore trust and cooperate with mutual respect and in the spir; recalls that good neighbourly relations and the implementation in good faith of gbilateral agreements including the Prespa Agreement with Greece and Treaty on Good nNeighbourliness; y Relations with Bulgaria of 2017 remain an integral and essential element of the enlargement process;
Amendment 262 #
2022/2203(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Commends the encouraging progress, albeit on a limited scale and set of issues, within the Joint Multidisciplinary Commission of Experts on Historical and Educational Issues between Bulgaria and North Macedonia on key historical figures for both countries; underlines the importance of consistent commitment from experts from both sides, regardless of political dynamics and rhetoric, and ensuring steady progress in finding common ground and adopting recommendations on outstanding historical issues;
Amendment 264 #
2022/2203(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Invites the policymakers and the societies of Bulgaria and North Macedonof North Macedonia and Bulgaria to assume joint responsibility and to restore the positive agenda between the two countries in the spirit the of the Treaty of Friendshipn Good Neighbourly Relations of 2017; expresses support for continued diplomatic and societal dialogue to resolve bilateral grievances in good faith; reiterates that statements or actions with a controversial and provocative nature may negatively impact good neighbourly relations and incite animosity between and within societies; warns both countries against politicising efforts and initiatives for restoring civil society dialogue, cultural cooperation, inclusivity and representation; encourages all institutions concerned in both countries to actively contribute to this endeavour, as any frictions and provocative actions risk undermining achieved progress and further delaying the EU accession process;
Amendment 277 #
2022/2203(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports efforts to reach an agreement on constitutional changes that would include additional communities in the preamble of the North Macedonia’s constitutionInvites further efforts from North Macedonia’s policymakers, both in government and opposition, to fulfil commitments made upon the start of the negotiations process and reach an agreement on constitutional changes that would include and recognise additional citizens living within the borders of North Macedonia, such as Bulgarians, in the relevant provisions of North Macedonia’s constitution, ensuring all recognised minorities stand on an equal footing;
Amendment 311 #
2022/2203(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Notes the need to fill in transport connectivity gaps by improving planning and administrative and operational capacity and by making progress on new and unfinished core infrastructure projects, including Rail and Road Pan-European Transport Corridor VIII;
Amendment 3 #
2022/2078(INI)
Motion for a resolution
Citation 38 a (new)
Citation 38 a (new)
– having regard to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (A/RES/2222 (XXI)) of 19 December 1966,
Amendment 4 #
2022/2078(INI)
Motion for a resolution
Citation 39 a (new)
Citation 39 a (new)
– having regard to the Treaty banning nuclear weapon tests in the atmosphere, in outer space and under water of 5 August 1963,
Amendment 5 #
2022/2078(INI)
Motion for a resolution
Citation 40 a (new)
Citation 40 a (new)
– having regard to the Convention on the Prohibition of Military or any Other Hostile use of Environmental Modification Technique of 10 December 1976,
Amendment 6 #
2022/2078(INI)
Motion for a resolution
Citation 40 b (new)
Citation 40 b (new)
– having regard to the Climate Change and Defence Roadmap of 9 November 2020,
Amendment 44 #
2022/2078(INI)
Motion for a resolution
Paragraph 1 – indent 1 (new)
Paragraph 1 – indent 1 (new)
- Notes that the Climate Change and Defence Roadmap recognises climate change as a ‘threat multiplier that fundamentally affects our long-term security’ and sets out concrete actions to address the increasingly important climate and security nexus; stresses the importance of closely monitoring and reporting on climate change through the use of EU space capabilities due to its crucial consequences on the Union’s security, its effect on conflicts in neighbouring regions, migration flows, and implications on food security, energy production and international trade;
Amendment 46 #
2022/2078(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the upsurge in risks and threats in space is good reason to bolsternecessitates a major improvement to the resilience of European space infrastructure, systems and services;
Amendment 54 #
2022/2078(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that 11 of the 27 Member States have already introduced national space laws; welcomes the Commission’s initiative to propose space legislation for the EU establishing a common, harmonised and coherent security framework to bolster the resilience of EU space services and prevent excessive fragmentation of the global space market; points out that this framework is eagerly awaited by the Member States and the main industrial players in the space sectorwider space industry, including major industrial players and SMEs; emphasises the need to establish an effective regulatory framework for new space companies based in the European Union, with significant emphasis on protective measures and information security, in alignment with the security needs of the Union;
Amendment 64 #
2022/2078(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for the regulatory and capacity resources for space traffic management to be boosted with the aim of better protecting the EU’s infrastructure in orbit; calls on the Member States to consolidate their efforts in the field of space surveillance and the tracking of objects in an effort to reducing the risk of collision; calls for increased international cooperation in the field of space traffic management;
Amendment 72 #
2022/2078(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the IRIS² secure connectivity constellation to be swiftly set up and made ready for use with a view to providing constant access to secure and sovereign connectivity services that meet the Member States’ operational needs; tactical and strategical needs, including governmental applications in domains such as crisis management, protection of key government infrastructure and surveillance; notes the importance of satellite-based secure connectivity, including through the use of quantum encryption as well as space-based earth observation as critical enablers; furthermore, emphasises the importance of IRIS² towards the effective implementation of the EU’s Common Security and Defence Policy, through supporting its ongoing missions abroad, providing secure connectivity for the Rapid Deployment Capacity, and in assisting crisis response efforts across the globe if necessary;
Amendment 81 #
2022/2078(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view that, with a view to maintaining continuity of service if an incident takes place, protective measures should be made more robust by systematically integrating cybersecurity requirements by design and throughout the lifespan of existing components; emphasises the need for constant cooperation with the private sector to further incorporate, and constantly update, cybersecurity measures during their design and protection process, through constant dialogue and exchange of best practices where possible;
Amendment 88 #
2022/2078(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that capacity for autonomous access to space is an essential element of European space policy; takes the view, therefore, that a special, synergy- based effort must be made to further the long-term production of European launchers and the long-term development of spaceports, furthering the EU’s strategic autonomy in the space domain and reducing dependence on third country launchers; emphasises the importance of the existence of geographical diversified spaceports and launch complexes;
Amendment 102 #
2022/2078(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that, given the intensification of threats in the space sector, the EU and its Member States must bolster their capabilities to detect, categorise and attribute a threat; notes with concern that the space and cyberspace domains as well as joint and enabling capabilities appear to be less funded than traditional domains such as air, land and maritime, as demonstrated in the 2022 Coordinated Annual Review on Defence Report;
Amendment 109 #
2022/2078(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that space domain awareness (SDA) is essential to attributing a threat and enabling Member States to take appropriate decisions in the event of a space attack; stresses that few Member States currently possess the necessary sensors for accurate SDA and thus strongly encourages the Member States to supply the information needed to attribute hostile behaviour, for which secure, robust and reliable communication and exchange capabilities at EU level will need to be established; further adds that information exchange should also include frequent exchange of best practices between Member States, with the participation of EU institutions;
Amendment 116 #
2022/2078(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the proposal set out in the strategy to amend Decision 2021/698 with a view to attributing and addressing threats to space programme services; calls for more meaningful responses on solidarity mechanisms to be taken at EU level; calls for further work to be done to make the mutual assistance clause ready for use (Article 42(7) TEU) through testing and agreeing on the modalities for identifying an attack, attributing the attacker and preparing the necessary response mechanisms;
Amendment 118 #
2022/2078(INI)
Motion for a resolution
Paragraph 11 – indent 1 (new)
Paragraph 11 – indent 1 (new)
- Calls for the further development of EU Hybrid Toolbox with the aim of addressing the different types of threats in the space domain;
Amendment 121 #
2022/2078(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that exercises are essential to testing and validating the EU’s response to space threats; as well as building a greater shared awareness towards space threats and cultivating a common strategic culture in the space domain;
Amendment 124 #
2022/2078(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for the EU to adopt a genuine industrial policy and to be able to draw upon a competitive industry, including through the creation of Important Projects of Common European Interest (IPCEI) where necessary; takes the view that EU support to enable Member States to develop their capacity must primarily benefit European industrial players (both long-established groups and innovative SMEs); supports, at the same time, heavy investment in key technologies with the aim of reducing strategic dependence on third countries including through joint procurement of critical components and through securing the critical raw materials supply chains; emphasises the importance of the European Commission’s Observatory of Critical Technologies in detecting and monitoring the creation of dependenceies on third countries; calls on the European Commission to ensure the alignment between the Critical Raw Materials Act and the necessary needs of the space domain in the field of security and defence;
Amendment 138 #
2022/2078(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that, if space capabilities are to be developed, the resources allocated to space in the next multiannual financial framework must be stepped upubstantially increased; stresses, in particular, the need to increase funding for space traffic management and space surveillance with a view to protecting the EU’s space infrastructure and addressing threats; draws attention to the need to achieve coherence in and provide visibility for all the different types of funding allocated via instruments to European space policy;
Amendment 141 #
2022/2078(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for coherence between existing instruments to be improved with a view to preventing unnecessary duplication of investments; considers it essential for funding to be properly channelled into those instruments, taking into account the capacities available at both EU and commercial level; supports joint programming between the European Developmentfence Fund, the EU Space Programme and Horizon Europe, Horizon Europe and the Permanent Structured Cooperation (PESCO) projects in an effort to speed up the development of relevant capacities; stresses the importance of synergies between EU and national – civilian, space and defence – programmes to meet capability needs;
Amendment 144 #
2022/2078(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for the technical skills needed in public administration and businesses to be improved by further investing in trainingeducation and training; including through strong focus on the security and defence aspect of the space domain which can be organised by the European Security and Defence College where necessary; notes the importance of increased investment in space-related education at all educational levels, with a strong focus on greater gender equality in the field of space since only 30% of the workforce internationally is made up of women;
Amendment 154 #
2022/2078(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that governance is unique to each component of the space programme; stresses that those components, which have major implications for the security of the Member States, require harmonised governance that involves the Member States and EU institutions that makes it possible to protect information;
Amendment 163 #
2022/2078(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out that governance must not duplicate existing means or circumvent Member States in areas such as threat attribution, which largely relies on national capabilities; stresses, in this regard, that SatCen’s experience and expertise and its trust-based relationship with Member States and industry can be usefully exploited in this area; emphasises the need to further increase SatCen’s funding to allow it to effectively execute its operations in light of increased demand for its products in recent years;
Amendment 165 #
2022/2078(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that the changing geopolitical landscape must spur the EU and its Member States on to reach common and coordinated positions so that they are able to set standards; supports multilateral solutions, reached within the UN framework, in the area of space governance; calls on the European Union and its Member States to reaffirm the applicability of international humanitarian law; and to call for a revision of the Outer Space Treaty, Partial Nuclear-Test-Ban Treaty and the Convention on the Prohibition of Military or any Other Hostile use of Environmental Modification Technique, bringing them in line with technological developments and the increased number of threats in space; notes the need for international legal frameworks aimed at structural regulation of the New Space actors;
Amendment 176 #
2022/2078(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the importance of developing cooperation with strategic partners; supports the continuation of an enhanced dialogue with the United States, while remaining vigilant to the risk that it may seek to steer or dictate outlooks, standards and rulesensuring the EU’s strategic autonomy, its ability to proactively act and decisively react to threats theo EU and Member States have not helped to shap’ assets and interests in space, and its role as an international power in space; calls for deeper cooperation and for alliances to be established with like-minthe broadedr states (the UK, Canada, Japan) or other EUet of EU strategic partners (India);
Amendment 182 #
2022/2078(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that NATO is conducting strategic reflection in the space domain; notes, howeverfurther notes, that the EU, in its own right and through its Member States and own capabilities, already has more developed programmes, capacities and institutions that do not compete with these advances; calls for closer cooperation between the EU and NATO to be pursued in areas of shared interest, while ensuring that the roles, competences and autonomy of the two organisations are scrupulously maintained and updated through continuous dialogue and reflection;
Amendment 189 #
2022/2078(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points out that the European Space Agency must continue to play its role as a technical agency for European satellite projects and that cooperation with it must be carried out within a framework which protects the essential interests of the Union; welcomes the ESA’s Civil Security from Space program which aims to foster the use of space-based solutions to act swiftly to support humanitarian responses, law enforcement, safety and emergency events, within and outside the EU;
Amendment 191 #
2022/2078(INI)
Motion for a resolution
Paragraph 24 – indent 1 (new)
Paragraph 24 – indent 1 (new)
- Calls on Member States to fully comply with the eight criteria on arms exports in line with Council Common Position 2008/944/CFSP, which includes space capabilities and components with military use, and that their national exports do not fuel regional tensions or undermine the security of other Member States, allies, partners or of the EU as a whole, while fully supporting the legitimate security and defence needs of allies and partner countries;
Amendment 61 #
2022/0432(COD)
Proposal for a regulation
Recital 2
Recital 2
Amendment 81 #
2022/0432(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) It is normally not possible to sufficiently assess the endocrine disrupting properties for human health and the environment and the persistent, bioaccumulative and mobile properties of a mixture or of a multi-constituent substance on the basis of data on that mixture or substance. The data for the individual substances of the mixture or for the individual constituents of the multi- constituent substance should therefore normally be used as the basis for hazard identification of those multi-constituent substances or mixtures. However, in certain cases, data on those multi- constituent substances themselves may also be relevant. This is the case in particular where that data demonstrates endocrine disrupting properties for human health and the environment, as well as persistent, bioaccumulative and mobile properties, or where it supports data on the individual constituents. Therefore, it is appropriate that data on multi-constituent substances are used in those casixtures.
Amendment 138 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) No 1272/2008
Article 2 – paragraph 7a
Article 2 – paragraph 7a
Amendment 145 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1272/2008
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 141 #
2022/0277(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Recipients of media services in the Union (natural persons who are nationals of Member States or benefit from rights conferred upon them by Union law and legal persons established in the Union) should be able to effectively enjoy the freedom to receivehave access to independent, free and pluralistic media services in the internal market. In fostering the cross- border flow of media services, a minimum level of protection of service recipients should be ensured in the internal market. That would be in compliance with the right to receive and impart information pursuant to Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’). It is thus necessary to harmonise certain aspects of national rules related to media services. In the final report of the Conference on the Future of Europe, citizens called on the EU to further promote media independence and pluralism, in particular by introducing legislation addressing threats to media independence through EU-wide minimum standards46. _________________ 46 Conference on the Future of Europe – Report on the Final Outcome, May 2022, in particular proposal 27 (1) and 37 (4).
Amendment 156 #
2022/0277(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) StatePublic 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 European Union institutions or bodies, 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 inhabitantslevel. However, the definition of statepublic 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 162 #
2022/0277(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The protection of editorial independence is a precondition for exercising the activity of media service providers and their professional integrity. Editorial independence is especially important for media service providers providing news and current affairs content given its societal role as a public good. Media service providers should be able to exercise their economic activities freely in the internal market and compete on equal footing in an increasingly online environment where information flows across borders.
Amendment 184 #
2022/0277(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Public service media established by the Member States play a particular role in the internal media market, by ensuring that citizens and businesses have access to quality information and impartial media coverage, as part of their mission. However, public service media can be particularly exposed to the risk of interference, given their institutional proximity to the State and the public funding they receive. This risk may be exacerbated by uneven safeguards related to independent governance and balanced coverage by public service media across the Union. This situation may lead to biased or partial media coverage, distort competition in the internal media market and negatively affect access to independent and impartial media services. It is thus necessary, building on the international standards developed by the Council of Europe in this regard, to put in place legal safeguards for the independent functioning of public service media across the Union. It is also necessary to guarantee that, without prejudice to the application of the Union’s State aid rules, public service media providers benefit from sufficient and stable funding to fulfil their mission that enables predictability in their planning. Preferably, sSuch funding should be decided and appropriated on a multi-year basis and determined according to transparent and objective criteria, in line with the public service mission of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The requirements laid down in this Regulation do not affect the competence of Member States to provide for the funding of public service media as enshrined in Protocol 29 on the system of public broadcasting in the Member States, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
Amendment 186 #
2022/0277(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) It is crucial for the recipients of media services to know with certainty who owns and is behind the news media so that they can identify and understand potential conflicts of interest which is a prerequisite for forming well-informed opinions and consequently to actively participate in a democracy. Such transparency is alsoIt is thus important for media service providers to disclose its sources of funding by making publicly available information regarding advertisers, sponsors, large donors or the provision of political advertising services, which in addition to transparency of ownership measures is an effective tool to limit risks of interference with editorial independence. It is thus necessary to introduce common information requirements for all relevant media service providers across the Union that should include proportionate requirements to disclose ownership information, as well as information on advertisers, sponsors, large donors or the provision of political advertising services. In this context, the measures taken by Member States under Article 30(9) of Directive (EU) 2015/84949should not be affected. The required information for transparency of media ownershipshould be disclosed by the relevant providers on their websites or other medium that is easily and directly accessible. Establishing a National Repository of Media Ownership operated by national regulatory authorities or bodies, as well as a European Repository of Media Ownership operated by the European Board of Media Services should further strengthen and guarantee the accessibility and uniformity of the information available to recipients of media services. _________________ 49 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73-117).
Amendment 209 #
2022/0277(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. The Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and observers, including in particular regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or ad hoc delegates from other competent national authorities. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
Amendment 213 #
2022/0277(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions in agreement with the Commission or upon its request in the cases envisaged by this Regulation. In order to effectively fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commission secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
Amendment 272 #
2022/0277(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) It is also key that the Board is empowered to issue an opinion, on the Commission’s request, where national measures are likely to affect the functioning of the internal market for media services. This is, for example, the case when a national administrative measure is addressed to a media service provider providing its services towards more than one Member State, or when the concerned media service provider has a significant influence on the formation of public opinion in that Member State.
Amendment 283 #
2022/0277(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) The Board should be empowered to provide opinions on draft decisions or opinions by the designated or involved national regulatory authorities or bodies, where the notifiable concentrations may affect the functioning of the internal media market. This would be the case, for example, where such concentrations involve at least one undertaking established in another Member State or operating in more than one Member State or result in media service providers having a significant influence on formation of public opinion in a given media market. Moreover, where the concentration has not been assessed for its impact on media pluralism and editorial independence by the relevant national authorities or bodies, or where the national regulatory authorities or bodies have not consulted the Board regarding a given media market concentration, but that media market concentration is considered likely to affect the functioning of the internal market for media services, the Board should be able to provide an opinion, upon request of the Commission. In any event, the Commission retains the possibility to issue its own opinions following the opinions drawn up by the Board.
Amendment 299 #
2022/0277(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) State advertisingPublic advertising, financed by public funds, including national governments funding or European Union funding distributed by Member States for the purpose of implementing communication plans as part of EU Operational Programmes or EU Cohesion Policy Programmes, is an important source of revenue for many media service providers, contributing to their economic sustainability. Access to it must be granted in a non-discriminatory way to any media service provider from any Member State which can adequately reach some or all of the relevant members of the public, in order to ensure equal opportunities in the internal market. Moreover, Statepublic advertising may make media service providers vulnerable to undue state influence to the detriment of the freedom to provide services and fundamental rights. Opaque and biased allocation of statepublic advertising is therefore a powerful tool to exert influence or ‘capture’ media service providers. The distribution and transparency of statepublic advertising are in some regards regulated through a fragmented framework of media-specific measures and general public procurement laws, which, however, may not cover all statepublic advertising expenditure nor offer sufficient protection against preferential or biased distribution. In particular, Directive 2014/24/EU of the European Parliament and of the Council56does not apply to public service contracts for the acquisition, development, production or co-production of programme material intended for audiovisual media services or radio media services. Media-specific rules on statepublicadvertising, where they exist, diverge significantly from one Member State to another. _________________ 56 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65-242).
Amendment 303 #
2022/0277(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to ensure undistorted competition between media service providers and to avoid the risk of covert subsidies and of undue political influence on the media, it is necessary to establish common requirements of transparency, objectivity, proportionality and non- discrimination in the allocation of statepublic advertising and of state and European Union resources to media service providers for the purpose of purchasing goods or services from them other than state advertising, including the requirement to publish information on the beneficiaries of statepublic advertising expenditure and the amounts spent. It is important that Member States make the necessary information related to statepublic advertising publicly accessible in an electronic format that is easy to view, access and download, in compliance with Union and national rules on commercial confidentiality. Establishing a European Repository of Public Funding for Advertising operated by the European Board of Media Services should further strengthen and guarantee the accessibility and uniformity of the information on public advertising for recipients of media services. This Regulation shall not affect the application of the State aid rules, which are applied on a case-by-case basis.
Amendment 317 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘media service provider’ means a natural or legal person whose professional activity is to provide a media service and who has editorial responsibility for the choice of the content of the media service and determines, the approach and perspective of presenting and delivering the content and the manner in which it is organised;
Amendment 339 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘StatePublic advertising’ means the placement, publication or dissemination, in any media service, of a promotional or self-promotional message, normally in return for payment or for any other consideration, by, for or on behalf of European Union institutions or bodies or any national or regional public authority, such as 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 any local government of a territorial entity of more than 1 million inhabitantsor local level;
Amendment 346 #
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 that enablesurveillance technology’ means any digital, mechanical or other instrument that enables the acquisition of information and the covert surveillance of natural or legal persons by intercepting, monitoring, extracting, collecting or analysing data from such products or from theof any information and communication technology or of natural or legal persons using such productsit, 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 deviceterminal equipments, without the natural or legal person concerned being made aware in a specific manner and having given their express specific consentconsent as defined under Article 7 of Regulation (EU) 2016/679 in that regard;
Amendment 349 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Amendment 358 #
2022/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Recipients of media services in the Union shall have the right to receivehave access to a plurality of news and current affairs content, produced with respect for editorial freedom of media service providers, independent of interference from national authorities and bodies, as well as advertisers, donors, political parties and state and non-state actors from third countries, to the benefit of the public discourse.
Amendment 367 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Media service providers shall have the right to exercise their economic activities in the internal market without restrictions other than those allowed under Union law.
Amendment 371 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Member States and private entities shall respect effective editorial freedom of media service providers. Member States, including their national regulatory authorities and bodies, as well as private entities, shall not:
Amendment 388 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) order to disclose, detain, sanction, intercept, subject to surveillance monitor, search and seizure, or inspect media service providers or, if applicable their employees, their family members, family members of their employees or any otheir family membersperson professionally or privately associated with them, 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 o or with the aim of coercing the disclosure of information about their Union lawsources;
Amendment 395 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) deploy spyware in any device or machine used by mediameasures for surveillance and the use of seurvice providerseillance technologies, or, if applicable, their family members, or their employees or their family members, unless the deployment is justified, onnstruct private entities to use surveillance technologies, as well as 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 Charteoerce, create, or force access to encrypted or non-encrypted communications and information in any item, device or machine used by media service providers or their employees, their family members, the family members of their employees, or and y other Union law, and measures adopted pursuant to sub-paragraph (b) would be inadequate and insufficient to obtain the information soughtperson professionally or privately associated with them.
Amendment 407 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Without prejudice and in addition to the right to effective judicial protection guaranteed to each natural and legal person, Member States shall designate an independent authority or body to handle complaints lodged by media service providers or, if applicable their employees, their family members, their family members, of their employees, or any otheir family members,person professionally or privately associated with them regarding breaches of paragraph 2, points (b) and (c). Media service providers shall have the right to request that authority or body to issue, within three months of the request, an opinion regarding compliance with paragraph 2, points (b) and (c).
Amendment 424 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Public service media providers shall be editorially independent and provide in an impartial manner a plurality of information and opinions to their audien recipients of media services, in accordance with their public service mission.
Amendment 429 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The duration of their term of office shall be established by national law, andof the head of management and the members of the governing board shall be of at least four years in order to be adequate and sufficient toand ensure effective independence of the public media service provider. They may be dismissed before the end of their term of office only exceptionally where they no longer fulfil the legally predefined conditions required for the performance of their duties laid down in advance by national law or for specific reasons of illegal conduct or serious misconduct as defined in advance by national law. At the end of the term or in case of a dismissal of the head of management of public service media providers, a new procedure for appointment of a head of management and the members of the governing board shall be opened.
Amendment 432 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Without prejudice to the right of Member States to define the competences and duties of the head of management and members of the governing board of public service media providers as laid down by national law, the head of management and members of the governing board shall not take, interfere or overrule editorial decisions of editors, who shall exercise editorial responsibility in public service media providers within the meaning of Article 2 (9) of this Regulation.
Amendment 434 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers havbenefit from funding allocated on a multi-year basis and determined according to transparent and objective criteria laid down in advance by national law in order to guarantee adequate and stable financial resources for the fulfilment of their public service mission. Those resources shall be such that editorial independence is safeguarded.
Amendment 449 #
2022/0277(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Duties of media service providers providing news and current affairs content
Amendment 452 #
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 services the following information in electronic and user- friendly format:
Amendment 458 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the name(s) of their direct or indirect owner(s) with shareholdings enabling them to exercise influence on the operation and strategic decision making and whether their direct of indirect ownership is held by a government, state- owned enterprise or any other public body;
Amendment 465 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) (c a) the legal name and contact details of any advertisers, sponsors or donors of any amount larger than EUR 1000 of private or commercial nature providing remuneration or financial resources to the media service provider;
Amendment 471 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Article 6 – paragraph 1 – point c b (new)
Amendment 475 #
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 that enablesurveillance technology’ means any digital, mechanical or other instrument that enables the acquisition of information and the covert surveillance of natural or legal persons by intercepting, monitoring, extracting, collecting or analysing data from such products or from theof any information and communication technology or of natural or legal persons using such productsit, 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 deviceterminal equipments, without the natural or legal person concerned being made aware in a specific manner and having given their express specific consentconsent as defined under Article 7 of Regulation (EU) 2016/679 in that regard;
Amendment 479 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Amendment 484 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Media service providers shall submit upon request the information referred to in paragraph 1 to national regulatory authorities or bodies and the European Board for Media Services and inform them within 30 days of any change to their ownership.
Amendment 498 #
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, owners of 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 517 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 530 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that the national regulatory authorities or bodies have adequate financial, human and technical resources to carry out their tasks under this Regulation independently of any government, public or private body in accordance with Article 30 of Directive 2018/1808/EU.
Amendment 543 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. National regulatory authorities or bodies shall compile and establish a National Repository of Media Ownership, which is easily and directly accessible to recipients of media services, pursuant to the information provided by media service providers in accordance with Article 6(1) of this Regulation. The data from the national repositories of media ownership should be summarized in a report and submitted to the European Board for Media Services on an annual basis.
Amendment 565 #
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 shall consult the Commission in preparation of its work programme and main deliverables.
Amendment 572 #
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 590 #
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 Commission and is provided with adequate financial and human resources.
Amendment 609 #
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 or on its own initiative, 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 612 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) when requested by the Commission or on its own initiative, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 619 #
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 629 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
Article 12 – paragraph 1 – point f – introductory part
(f) on its own initiative or upon request of the Commission, draw up opinions with respect to:
Amendment 657 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Article 12 – paragraph 1 – point m a (new)
(ma) establish and operate a European Repository of Media Ownership, compiled on the basis of the annual reports submitted by national regulatory authorities or bodies. Where there is lack of certainty in the information provided, raised by national regulatory authorities or bodies, or experts, representatives of civil society or journalistic organisations, the Board may request further information from media service providers, including on any possible influence on its operation, general editorial line and strategic decision-making from advertisers, sponsors, donors of private or commercial nature or political parties providing remuneration or financial resources to the media service provider.
Amendment 665 #
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 Repository of Public Funding for Advertising compiled on the basis of the bi-annual reports submitted by national regulatory authorities or bodies.
Amendment 690 #
2022/0277(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar days from the receipt of that referral, the Board shall issue, in agreement with the Commission, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
Amendment 700 #
2022/0277(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreement with the Commission, without undue delay.
Amendment 713 #
2022/0277(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Coordination of measures concerning media service providers establishedoriginating, established, funded or owned by state and non-state actors outside the Union
Amendment 723 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Board shall coordinate measures by national regulatory authorities or bodies related to the dissemination of or access to media services provided by media service providers establishedoriginating, established, funded or owned by state and non-state actors outside the Union that target audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security and defence.
Amendment 758 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to restrict or suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effect.
Amendment 817 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, on its own initiative or 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 850 #
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, on its own initiative or 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 886 #
2022/0277(COD)
Proposal for a regulation
Article 24 – title
Article 24 – title
24 Allocation of statepublic funds, including European Union funds, for advertising
Amendment 888 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Public funds, including national governments funds or European Structural and Investment Funds allocated for the purpose of advertising EU Operational Programmes and EU Cohesion Policy Programmes, 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 898 #
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,level shall make publicly available accurate, comprehensive, intelligible, and detailed and yearly information about their advertising expenditureinformation and report to national regulatory authorities or bodies on a bi- annual basis about their advertising expenditure of public funds, including European Structural and Investment Funds allocated for the purpose of advertising EU Operational Programmes and EU Cohesion Policy Programmes, allocated to media service providers, which shall include at least the following details:
Amendment 911 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. National regulatory authorities or bodies shall submit data provided by public authorities pursuant to paragraph 2 on a bi-annual basis to the European Board for Media Services for the purpose of establishing European Repository of Public Funding for Advertising.
Amendment 915 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. National regulatory authorities or bodies shall monitor the allocation of statepublic advertising funded by national governments in media markets. In order to assess the accuracy of the information on statepublic advertising funded by national governments 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 917 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. The European Board for Media Services shall monitor the allocation of European Structural and Investment Funds for the purpose of advertising EU Operational Programmes and EU Cohesion Policy Programmes in media markets. In order to assess the accuracy of the information made available pursuant to paragraph 2, The European Board for Media Services may request from the entities referred to in paragraph 2 further information, including information on the application of criteria referred to in paragraph 1. Should there be any evidence for misuse of European funds, the European Board of Media Service shall provide the available information to the relevant investigative bodies related to EU expenditure.
Amendment 925 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The allocation of state resources to media service providers for the purpose of purchasing goods or services from them other than statepublic advertising shall be subject to the requirements set out in paragraph 1. This Article shall not affect the application of the State aid rules.
Amendment 934 #
2022/0277(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c a (new)
Article 25 – paragraph 3 – point c a (new)
Amendment 42 #
2022/0219(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The EU Heads of State or Government, meeting in Versailles on 11 March, committed to “bolster European defence capabilities” in light of the Russian military aggression against Ukraine. They agreed to increase defence expenditures, step up cooperation through joint projects, and common procurement of defence capabilities, close shortfalls, boost innovation and strengthen and develop the EU defence industry, which is a key player that should positively contribute to the security of Member States by providing effective new capabilities in a timely manner.
Amendment 48 #
2022/0219(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The unjustified invasion of Ukraine by the Russian Federation on 24 February 2022 and the ongoing armed conflict in Ukraine has made it clear that it is critical to act now to address the existing shortfalls It has led to the return of high-intensity warfare and territorial conflict in Europe, requiring to the detriment of All European citizens and Member States. As a result the situation requires a significant increase in the capacity of Member States to fill the most urgent and critical gaps, especially those exacerbated by the transfer of defence products to Ukraine.
Amendment 58 #
2022/0219(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Commission and the High Representative presented a Joint Communication on “The Defence Investment Gaps Analysis and Way Forward” on 18 May 2022. The Communication highlighted the existence, within the EU, of defence financial, industrial and capability gaps, caused by years of defence underspending, reduced industrial production capacity and limited joint procurement and collaboration.
Amendment 64 #
2022/0219(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Such a new instrument will contribute to reinforce common defence procurement in alignment with Member States' goal of 35% collaborative procurement for defence equipment and, through the associated Union financing, to strengthen EU defence industrial capabilities.
Amendment 67 #
2022/0219(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) This new instrument will be an important step towards to the creation of the EU Defence Union and shall contribute to enhance the Union’s open strategic autonomy, to strengthen its ability to protect its citizens and to reinforce the EU’s global position in the context of increasing security threats at the international level.
Amendment 68 #
2022/0219(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The Instrument should also contribute to drive transformational change in the European Defence Technological and Industrial Base, simultaneous to improving security in the European Union. These changes include building more resilient supply chains, growing the advanced manufacturing sector and exports, and enhancing technological innovation.
Amendment 75 #
2022/0219(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Reinforcing the European Defence Technological and Industrial Base should therefore be at the core of those efforts. Indeed difficulties and gaps still exist and the European defence industrial base remains highly fragmented, inefficient, lacking sufficient collaborative action and inter- operability of products.
Amendment 77 #
2022/0219(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) National regulations and increasing administrative burden in the defence sector of the Member States contributed to hindering competition and reducing economies of scale in the European defence industrial base.
Amendment 86 #
2022/0219(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In the light of the above challenges and the related structural changes in the EU Defence industry, it appears necessary to speed up the adjustment of the European Defence Technological and Industrial Base, enhance its competitiveness and efficiency, encourage close cooperation and coordination and thereby contribute to strengthening and reforming Member States’ defence industrial capabilities. Addressing industrial shortfalls should include promptly tackling the most urgent gaps.
Amendment 97 #
2022/0219(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Short Term Instrument should offset the complexity and risks associated with such joint actions while allowing economies of scale in the actions undertaken by Member States to reinforce and modernise the European Technological and Industrial Base, increasing thereby the Union’s capacity resilience and security of supply. Incentivizing common procurement would also result into diminished costs in terms of exploitation, maintenance and withdrawal of the systems. Efforts to utilise economies of scale must be accompanied by measures aimed at ensuring a level-playing field for suppliers form all Member States.
Amendment 98 #
2022/0219(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Short Term Instrument should offset the complexity and risks associated with such joint actions, including common procurement, while allowing economies of scale in the actions undertaken by Member States to reinforce and modernise the European Technological and Industrial Base, increasing thereby the Union’s capacity resilience and security of supply. Incentivizing common procurement would also result into diminished costs in terms of administrative burdens, exploitation, maintenance and withdrawal of the systems.
Amendment 100 #
2022/0219(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The instrument should be accompanied by measures aimed strengthening the European Defence Technological and Industrial Base European defence industry ensuring a level playing field for suppliers of all Member States and with particular attention to the involvement of SMEs, start-ups and mid-caps in the value chain.
Amendment 106 #
2022/0219(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) This Instrument will build on and take into account the work of the Defence Joint Procurement Task Force established by the Commission and the High Representative/Head of the European Defence Agency, in line with the Joint Communication ‘Defence Investment Gaps Analysis and Way Forward”, to coordinate very short-term defence procurement needs and engage with Member States and EU defence manufacturers to support joint procurement to replenish stocks, notably in light of the support provided to Ukraine.
Amendment 110 #
2022/0219(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The Instrument is cohershould be consistent with existing collaborative EU defence-related initiatives such as in the European Defence Fund as well as the Permanent Structured Cooperation (PESCO), and generates synergies with other EU programmes. The Instrument is fully coherent with the ambition of the Strategic Compass. Likewise, the Instrument should contribute to a competitive, open and efficient European defence market by aligning with existing Union legislation in the field, notably, Directive 2009/81/EC on procurement in the fields of defence and security.
Amendment 113 #
2022/0219(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The Instrument ishould be consistent coherent with existing collaborative EU defence-related initiatives such as in the European Defence Fund as well as the Permanent Structured Cooperation (PESCO), and generates synergies with other EU programmes. The Instrument is fully coherent with the ambition of the Strategic Compass.
Amendment 128 #
2022/0219(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In certain circumstances, it should be possible to derogate from the principle that contractors and subcontractors involved in a common procurement supported by the Instrument are not subject to control by non-associated third countries or non -associated third-country entities. In that context, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor and subcontractor involved in the common procurement if strict conditions relating to the due diligence framework to identify, prevent, mitigate environmental and social risks, to the security and defence interests of the Union and its Member States, as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the Treaty on European Union (TEU), including in terms of strengthening the European Defence Technological and Industrial Base, are fulfilled.
Amendment 142 #
2022/0219(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Where the Union grant takes the form of financing not linked to costs, the Commission should determine in the multiannual work programme the funding conditions for each action, in particular (a) a description of action involving cooperation for common procurement with a view to addressing the most urgent and critical capacity needs, (b) the milestones for the implementation of the action, (c) the rough order of magnitude expected from the common procurement and (d) the maximum Union contribution available. Additionally, it must determine the evaluation and selection procedure concerning the proposals, including the monitoring and disbursement process for the actions following their selection.
Amendment 146 #
2022/0219(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) To generate the incentive effect, the level of Union contribution may be differentiated based on factors such as (a) the complexity of the common procurement, for which a proportion of the anticipated size of the procurement contract, based on experience gained in similar actions, may serve as an initial proxy, (b) the characteristics of the cooperation, such as joint usage, stockpiling, ownership or maintenance, which are likely to induce stronger interoperability outcomes and long-term investment signals to industry, and (c) the number of participating Member States or associated countries or the inclusion of additional Member States or associated countries to existing cooperations, and (d) the contribution of the action to supporting participation of small and medium-sized enterprises (SMEs) and middle capitalisation companies (mid- caps) in common procurement.
Amendment 160 #
2022/0219(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the short-term instrument for the European Defence Industry Reinforcement through common Procurement Act (the ‘Instrument’).
Amendment 161 #
2022/0219(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘common procurement’ means a cooperative procurement jointly conducted by at least threfive Member States;
Amendment 180 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) to foster the competitiveness and efficiency of the European Defence Technological and Industrial Base (EDTIB), and opening the supply chains throughout the Union, including SMEs and mid-caps, for a more resilient Union, in particular by speeding up, in a collaborative manner, the adjustment of industry to structural changes, including ramp-up of its manufacturing capacities; , also through technological innovations;
Amendment 184 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) to foster the competitiveness and efficiency of the European Defence Technological and Industrial Base (EDTIB), including SMEs, start-ups and mid-caps, for a more resilient and secure Union, in particular by speeding up, in a collaborative manner, the adjustment of industry to structural changes, including ramp-up of its manufacturing capacities;
Amendment 189 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) to foster cooperation in defence procurement process between participating Member States contributing to solidarity, closer collaboration, interoperability, prevention of crowding- out effects, avoidreducing fragmentation and, increasing the effectiveness of public spending, and expanding cross-border supply chains within the European Union.
Amendment 194 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) to replenish stocks, in particular the most urgent and critical defence products needs by the Union, mainly those created by the disruption caused by the urgent transfer of defence products to Ukraine, taking into account the work of the Defence Joint Procurement Task Force.
Amendment 200 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The objectives shall be pursued with an emphasis on strengthening and developing the Union defence industrial base to allow it to address in particular the most urgent and critical defence products needs, especially those revealed or exacerbated by the response to the Russian aggression against Ukraine, taking into account the work of the Defence Joint Procurement Task Force, increasing the strategic autonomy of the Union and strengthen its ability to protect its citizens.
Amendment 202 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The objectives shall be pursued with an emphasis on strengthening and developing the Union defence industrial base to allow it to address in particular the most urgent and critical defence products and combat medical equipment needs, especially those revealed or exacerbated by the response to the Russian aggression against Ukraine, taking into account the work of the Defence Joint Procurement Task Force and in line with the Joint Communication on the Defence Investment Gaps Analysis and Way forward.
Amendment 208 #
2022/0219(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The financial envelope for the implementation of the Instrument for the period from the entry into force of this Regulation to 31 December 2024 shall be EUR 500 m1.5 billion in current prices.
Amendment 228 #
2022/0219(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where necessary for the implementation of an action, financial contributions may cover a period prior to the date of the request for financial contributions for that action, provided that the action has not started prior to the 24 February 2022 or completed before applying for the financial contribution.
Amendment 229 #
2022/0219(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point 1 (new)
Article 6 – paragraph 3 – point 1 (new)
(1) The financial contribution to each approved action must not exceed 20% of the amount referred to in Article 4(1).
Amendment 243 #
2022/0219(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The minimum level of the Union contribution attributed to each action will be set out in the work programme referred to in Article 11 of the present regulation. The level of the Union contribution attributed to a given action will increase from its minimum level in the following cases, which indicate common procurement of higher value: a) At least 10% of the estimated value of the common procurement contract is allocated to SMEs, as contractors or subcontractors, that meet the funding conditions specified in Article 8 of the present regulation; b) At least 15% of the estimated value of the common procurement contract is allocated to mid-caps, as contractors or subcontractors, that meet the funding conditions specified in Article 8 of the present regulation.
Amendment 253 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The participating Member States shall provide to the Commission a notification from the procurement agent on the guarantees provided by a contractor or subcontractor involved in the common procurement that is established in the Union or an associated third country and controlled by a non-associated third country or a non-associated third country entity. The guarantees and related provisions in the procurement contract shall be made available to the Commission upon request. The guarantees shall provide assurances that the involvement of the contractor or subcontractor involved in the common procurement fulfil strict conditions relating to the due diligence framework to identify, prevent, mitigate environmental and social risks and does not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the TEU, or the objectives set out in Article 3.
Amendment 264 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 8 a (new)
Article 8 – paragraph 8 a (new)
8a. When contractors and subcontractors involved in the common procurement use their assets, infrastructure, facilities and resources located or held outside the territory of the Member States or of the associated third countries, the commonly procured product shall meet the Union’s environmental, social, governance and ethics rules, as they are applied to the defence products manufactured in the European Union.
Amendment 301 #
2022/0219(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Instrument shall be implemented through a multiannual work programme as referred to in Article 110 of the Financial Regulation.
Amendment 314 #
2022/0219(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall draw up an mid-term/interim evaluation report for the Instrument not later than 31 December 2024 and3, followed by a full evaluation report not later than 31 December 2024, to be submit itted to the European Parliament and to the Council. The report shall evaluate the impact and effectiveness of the actions taken under the Instrument. Furthermore, it will present the findings of the monitoring and disbursement process set out in the work programme.
Amendment 315 #
2022/0219(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point 1 (new)
Article 12 – paragraph 1 – point 1 (new)
(1) Furthermore, the report should in cooperation with the European Defence Agency, incorporate findings and recommendations pertaining to the use of raw materials, components and production capacities from third countries within the various actions for which there was no European substitute.
Amendment 317 #
2022/0219(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The report shall build on consultations of Member States and key stakeholders and shall, in particular, assess the progress made towards the achievement of the objectives set out in Article 3 and evaluate the Instrument contribution to the following: a) participation of SMEs, start-ups and mid-caps in the action as contractors and subcontractors involved in the common procurement; b) reinforcement of the EDTIB throughout the Union; c) identification of the involvement of each Member States.
Amendment 319 #
2022/0219(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The report shall build on consultations of Member States and key stakeholders and shall, in particular, assess the progress made towards the achievement of the objectives set out in Article 3. and evaluate the Instrument's success:
Amendment 320 #
2022/0219(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a (new)
Article 12 – paragraph 2 – point a (new)
(a) creating new cross-border cooperation between Member States;
Amendment 321 #
2022/0219(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point b (new)
Article 12 – paragraph 2 – point b (new)
(b) developing new industrial synergies within the European Defence Industry;
Amendment 322 #
2022/0219(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point c (new)
Article 12 – paragraph 2 – point c (new)
(c) Offering a level-playing field for existing companies and SMEs in the EDTIB;
Amendment 323 #
2022/0219(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point d (new)
Article 12 – paragraph 2 – point d (new)
(d) incorporating a broad share of companies from across the EU;
Amendment 331 #
2022/0219(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The Commission shall provide, in particular, SMEs and mid-caps the information needed to allow and facilitate their participation in the common procurement process, including supporting instruments to reduce administrative burdens.
Amendment 35 #
2022/0117(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Article 10(3) of the Treaty on European Union states that every Union citizen has the right to participate in the democratic life of the Union. The Charter of Fundamental Rights of the European Union (the ‘Charter’) provides, inter alia, for the rights to respect for private and family life (Article 7), the protection of personal data (Article 8), freedom of expression and information, which includes respect for the freedom and pluralism of the media (Article 11), freedom of assembly and of association (Article 12), freedom of the arts and sciences (Article 13), and to an effective remedy and to a fair trial (Article 47).
Amendment 50 #
2022/0117(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The purpose of this Directive is to provide protection to natural and legal persons who engageing in public participation on matters of public interest, in particular journalists, media organizations, and human rights defenders, against court proceedingincluding civil society, non-governmental organisations and trade unions, as well as researchers, academics or artists and whistleblowers, against lawsuits, which are initiated against them, as well as the threats thereof, to deter them from public participation (commonly referred to as strategic lawsuits against public participation or ‘SLAPPs’).
Amendment 57 #
2022/0117(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Investigative journalists and media organisations in particular play a key role in combating organised crime, corruption and extremism. Their work carries particularly high risks and they are experiencing a growing number of attacks and harassment. A robust system of safeguards is needed to enable them to fulfil their crucial role as watchdogs on matters of legitimate public interest.
Amendment 66 #
2022/0117(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Human rights defenders also play an important role in European democracies, especially in upholding fundamental rights, democratic values, social inclusion, environmental protection and the rule of law. They should be able to participate actively in public life and make their voice heard on policy matters and in decision-making processes without fear of intimidation. Human rights defenders refers to individuals, groups, or organisations engaged in defending fundamental rights and a variety of other rights, such as civil, political, economic, social, cultural, environmental and climate rights, women’s rights, LGBTIQ rights, the rights of the people with a minority racial or ethnic background, labour rights, trade union rights, or religious freedoms. Other participants in public debate, such as academics and researchers, also deserve adequate protection.
Amendment 70 #
2022/0117(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Other participants in public debate, such as academics and researchers as well as individual persons, such as artists and whistleblower, also deserve adequate protection, since they are also targeted by SLAPPs.
Amendment 77 #
2022/0117(COD)
Proposal for a directive
Recital 9
Recital 9
(9) To foster this environment, it is important to protect journalists and human rights defenders from court proceedingnatural and legal persons engaging in public participation from lawsuits against public participation. Such court proceedings are not initiated for the purpose of access to justice, but to silence public debate typically using harassment and intimidation.
Amendment 83 #
2022/0117(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Court proceedingLawsuits against public participation may have an adverse impact on the credibility and reputation of journalists and human rights defenders andnatural and legal persons engaging in public participation. The negatively affect their credibility and reputation, exhaust their financial and other resources, as well as cause them psychological harm. Because of such proceedinglawsuits, the publication of information on a matter of public interest may be delayed or altogether avoided. The length of procedures and the financial pressure may have a chilling effect on jonaturnalists and human rights defenderslegal persons engaging in public participation. The existence of such practices may therefore have a deterrent effect on their work by contributing to self-censorship in anticipation of possible future court proceedings, which leads to the impoverishment of public debate to the detriment of society as a whole.
Amendment 87 #
2022/0117(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Those targeted by court proceedinglawsuits against public participation may face multiple cases simultaneously, sometimes initiated in several jurisdictions. Proceedings initiated in the jurisdiction of one Member State against a person resident in another Member State are usually more complex and costly for the defendant. Claimants in court proceedinglawsuits against public participation may also use procedural tools to drive up the length and cost of the litigation, and bring cases in a jurisdiction they perceive to be favourable for their case, rather than to the court best placed to hear the claim. Such practices also place unnecessary and harmful burdens on national court systems and lead to a misuse of their resources.
Amendment 89 #
2022/0117(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The safeguards provided in this Directive should apply to any natural or legal person on account of their direct or indirect engagement in public participation. They should also protect natural or legal persons who, either on a professional or on a personal basis, support, assist or provide goods or services to another person for purposes directly linked to public participation on a matter of public interest. This involves for example internet providers, publishing houses or print shops, which face or are threatened with court proceedings for providing services to the person targeted with court proceedings.
Amendment 90 #
2022/0117(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) This Directive also aims at discouraging pre-trail procedures, such as warning letters and cease-and-desist declarations, that are used to silence natural and legal persons engaging in public participation. By giving natural and legal persons engaging in public participation the tools to fight such claims in court effectively, the Directive also helps to prevent such intimidation tactics.
Amendment 92 #
2022/0117(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should apply to any type of legal claim or action of a civil or commercial nature with cross-border implications whatever the nature of the court or tribunal. This includes civil claims brought in criminal proceedinglaims in expedite procedures, such as injunctions. It also includes civil claims brought in criminal proceedings, as they are in essence civil, not criminal claims. It also includes interim and precautionary measures, counteractions or other particular type of remedies available under other instruments.
Amendment 96 #
2022/0117(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Public participation should mean any statement or activity by a natural or legal person expressed or carried out in exercise of the right to freedom of expression and information on a matter of current or future public interest, such as the creation, exhibition, advertisement or other promotion of journalistic, political, scientific, academic, artistic, commentary or satirical communications, publications or works, and any preparatory activities directly linked thereto. ItFuture public interest refers to the fact that a matter may not yet be of public interest, but may become so once the public becomes aware of it for example through a publication or individual complaint. Public participation can also include activities related to the exercise of the right to academic freedom, freedom of association and peaceful assembly, such as the organisation of or participation to lobbying activities, demonstrations and protests or activities resulting from the exercise of the right to good administration and the right to an effective remedy, such as the filing of complaints, petitions, administrative and judicial claims and participation in public hearings. Public participation should also include preparatory, supporting or assisting activities that have a direct and inherent link to the statement or activity in question and that are targeted to stifle public participation. In addition, it can cover other activities meant to inform or influence public opinion or to further action by the public, including activities by any private or public entity in relation to an issue of public interest, such as the organisation of or participation to research, surveys, campaigns or any other collective actions.
Amendment 100 #
2022/0117(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Public participation should also include preparatory, supporting or assisting activities that have a direct and inherent link to the statement or activity in question. Such activities should directly concern a specific act of public participation or be based on a contractual link between the actual target of SLAPP and the person providing the preparatory, supporting or assisting activity. Bringing claims not against a journalist or a human rights defender, but against the media organization, e.g. internet platform on which they publish their work or against the company printing a text or a shop selling the text, can be an effective way of silencing public participation, as without such services opinions cannot be published and thus cannot influence public debate.
Amendment 104 #
2022/0117(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The notion of a matter of public interest should include also quality, safety or other relevant aspects of goods, products or services, including the conditions under which these are produced, where such matters are relevant to public health, safety, the environment, climate or enjoyment of fundamental rights. A purely individual dispute between a consumer and a manufacturer or a service provider concerning a good, product or service should be covered only when the matter contains an element of public interest, for instance concerning a product or service which fails to comply with environmental or safety standards, labour rights, consumer rights or human rights, including the principle of non- discrimination.
Amendment 108 #
2022/0117(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Abusive court proceedings typically involve litigation tactics used in bad faith such as delaying proceedings, causing disproportionate costs to the defendant in the proceedings or forum shoppinglawsuits are characterized by their main purpose to prevent, restrict or penalize public participation or aim to achieve a chilling effect on public participation in the matter at stake; they thus constitute an abuse of substantive or procedural laws. It is a general principle of law, which rights may not be exercised in an abusive way; established i.e. in Article 54 Charter and Article 17 ECHR. The abusive nature of a lawsuit is to be deducted from a totality of the circumstance of the lawsuit. Abusive lawsuits typically involve litigation tactics such as exaggerated or excessive claims, requesting obviously disproportionate prior restraint measures, delaying proceedings, initiating multiple proceedings on similar matters, causing disproportionate costs to the defendant in the proceedings or forum shopping. The extent to which a lawsuit is manifestly unfounded is another indicator for its abusiveness. The past conduct of the claimant and, in particular, any history of legal intimidation should also be considered when determining whether the lawsuits are abusive in nature. A previous early dismissal of a similar claim as abusive should be a prima facie indictor for abusiveness. These tactics are used by the claimant for other purposes than gaining access to justice. Such tactics are often, although not always, combined with various forms of intimidation, harassment or threats.
Amendment 114 #
2022/0117(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) Lawsuits under this Directive entail all proceedings before a court or tribunal in civil matters, including injunctions.
Amendment 118 #
2022/0117(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Defendants should be able to apply for the following procedural safeguards: a request for a security to cover procedural costs, or procedural costs and damages, a request for an early dismissal of manifestly unfounded court proceedingabusive lawsuits, a request for remedies against abusive court proceedinglawsuits (award of costs, compensation of damages and penalties), or all of them at the same time.
Amendment 121 #
2022/0117(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) Proceedings against public participation exposes those targeted to high financial and psychological harm, while confronting them with the need to establish often hard to prove facts like the abusive nature of a lawsuit. In such situation, the defendants should have the right to avail himself of all support necessary to alleviate his burden and make his case. This includes, but is not limited to, the support and providing of information. The defendant should have the right to seek such support from any natural or legal person with a legitimate interest or expertise in safeguarding or promoting the rights of persons engaging in public participation. This encompasses i.e. journalists and academics as well as non-governmental organisations, professional and representative associations, trade unions and other collective bodies acting in the interest of the defendant or with particular knowledge of the claimant, particularly his engagement against public participation.
Amendment 129 #
2022/0117(COD)
Proposal for a directive
Recital 30
Recital 30
(30) If a defendant has applied for early dismissal, it should be for the claimant in the main proceedings to prove in the accelerated procedure that the claim is not manifestly unfoundedabusive. This does not represent a limitation of access to justice, taking into account that the claimant carries the burden of proof in relation todefendant has to prove that the claim in the main proceedings and only needs to meet the much lower threshold of showing that the claim is not manifestly unfounded in order to avoid an early dismissalconcerns public participation and show a prima facie case for abusiveness.
Amendment 142 #
2022/0117(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36a) This directive is not intended to solve all SLAPPs being deployed against persons engaging in public participation. Particular focus should be drawn in the future to the abuse of the criminal law system as well as the administrative law system. In particular, the offence of defamation posed particular dangers of being misused as basis for SLAPPs. The Commission and Member States should work on solutions to address these dangers.
Amendment 151 #
2022/0117(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive provides safeguards against manifestly unfounded or abusive court proceedingabusive lawsuits in civil matters with cross- border implications brought against natural and legal persons, in particular journalists and human rights defenders, on account of their engagement in public participation.
Amendment 157 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘public participation’ means any statement or activity by a natural or legal person expressed or carried out in the exercise of the right to freedom of expression and information, academic freedom, freedom of the press, freedom of association and assembly, the right of collective bargaining and action on a matter of public interest, and. It includes any preparatory, supporting or assisting action directly linked thereto. Thi, in particular the work of media organizations. Covered activities includes complaints, petitions, administrative or judicial claims and participation in public hearings;
Amendment 162 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a
Article 3 – paragraph 1 – point 2 – point a
(a) fundamental and human rights, public health, safety, the environment, or the climate or enjoyment of fundamental rights;
Amendment 165 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point c
Article 3 – paragraph 1 – point 2 – point c
(c) matters under public consideration or reviewunder consideration by a legislative, executive, or judicial body, or any other public official proceedings as well as actions or inactions by government bodies;
Amendment 168 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point d
Article 3 – paragraph 1 – point 2 – point d
(d) allegations of corruption, fraud or criminalityembezzlement as well as sexual harassment and gender based violence or any other criminal or administrative offence;
Amendment 179 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part
Article 3 – paragraph 1 – point 3 – introductory part
3. ‘abusive court proceedinglawsuits against public participation’ mean court proceedings brought in relation to public participation that are fully or partially unfounded and have as their main purpose to prevent, restrict or penalize public participation. Indications of such a purpose can be:
Amendment 183 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point b
Article 3 – paragraph 1 – point 3 – point b
(b) the existence of multiple ongoing or previous proceedings initiated by the claimant or associated parties in relation to similar mattersmatters of public participation;
Amendment 185 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c
Article 3 – paragraph 1 – point 3 – point c
(c) intimidation, harassment or threats on the part of the claimant or his or her representatives.;
Amendment 186 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)
Article 3 – paragraph 1 – point 3 – point c a (new)
(ca) the use of litigation tactics that inflict unreasonable costs on the defendant, including by the choice of jurisdiction or deployment of dilatory motions;
Amendment 192 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c b (new)
Article 3 – paragraph 1 – point 3 – point c b (new)
(cb) a previous early dismissal of a similar claim as abusive.
Amendment 196 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that when court proceedinglawsuits are brought against natural or legal persons on account of their engagement in public participation, those persons can apply for:
Amendment 199 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) early dismissal of manifestly unfounded court proceedingsuch lawsuits in accordance with Chapter III;
Amendment 200 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) remedies against abusive court proceedingsuch lawsuits in accordance with Chapter IV.
Amendment 202 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States mayshall provide that measures on procedural safeguards in accordance with Chapters III and IV can be taken by the court or tribunal seised of the matter ex officio. Member States shall ensure, that the court or tribunal seized of the matter must take measures under Article 8, 14 and 15 ex officio.
Amendment 206 #
2022/0117(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 209 #
2022/0117(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that a court or tribunal seised of court proceedings against public participation may accept that non- governmental organisationsthe person engaged in public participation has the right to have, subject to her or his approval, any natural or legal person with a legitimate interest or expertise in safeguarding or promoting the rights of persons engaging in public participation may take part in thoseany proceedings, either in support of the defendant covered under this directive, either in support of the person engaged in public participation or to provide information.
Amendment 213 #
2022/0117(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Third party representation Member States shall take the necessary measures to ensure that in any proceedings covered under this directive the defendant has the right to have, subject to her or his request, a body, organisation or association act on her or his behalf.
Amendment 217 #
2022/0117(COD)
Proposal for a directive
Chapter III – title
Chapter III – title
Amendment 219 #
2022/0117(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall empower courts and tribunals to adopt an early decision to dismiss, in full or in part, court proceedinglawsuits against public participation as manifestly unfoundedabusive as defined in Article 3 para. 3.
Amendment 223 #
2022/0117(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States may establish time limits for the exercise of the right to file an application for early dismissal. The time limits shall be proportionate and not render such exercise impossible or excessively difficultThe defendant can move for early dismissal at any stage of the proceedings.
Amendment 231 #
2022/0117(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that where a defendant has applied for early dismissal, it shall be for the claimant to prove that the claimwsuit is not manifestly unfoundedabusive.
Amendment 245 #
2022/0117(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall provide the Commission with all relevant information regarding the application of this Directive by [53 years from the date of transposition] and thereafter on an annual basis. On the basis of the information provided, the Commission shall by [64 years from the date of transposition] at the latest, submit to the European Parliament and the Council an annual report on the application of this Directive. The report shall provide an assessment of the evolution of abusive court proceedinglawsuits against public participation and the impact of this Directive in the Member States. If necessary, the report shall be accompanied by proposals to amend this Directive. Those reports shall be made public.
Amendment 248 #
2022/0117(COD)
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
The Commission shall, based on the application of this Directive on SLAPPs in civil claims brought in criminal proceedings and based on other available information, assess if further action against SLAPPs in criminal proceedings is necessary.
Amendment 4 #
2021/2180(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the judgments of the CJEU on 16 February 2022 in cases C-156/21 Hungary v Parliament and Council and C-157/21 Poland v Parliament and Council on the measures for the protection of the Union budget,
Amendment 22 #
2021/2180(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
— having regard to its resolution of 13 November 2020 on the impact of COVID-19 measures on democracy, the rule of law and fundamental rights,
Amendment 89 #
2021/2180(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, in certain Member States, journalists are increasingly subject to threats and attacks, in particular when investigating crime and corruption; whereas independence of media from political interference continues to be under threat in several Member States, including through the use of spyware tools by certain Member States to target journalists, opposition politicians and activists; whereas these unacceptable developments may have a chilling effect on the freedom of speech and freedom of the press and may not be allowed to set precedent both within the EU and towards EU candidate and potential candidate countries;
Amendment 139 #
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 should be devoted to the Commission’s country visits, including on site; takes note of the country-specific discussions under the framework of the Commission’s annual rule of law report during each Council Presidency; suggests to focus these discussions on the Member States with the most pressing rule of law issues to be discussed in the first place, instead of in alphabetical order; emphasises that increased transparency would enhance the rule of law dialogue within the EU and therefore invites the Council to make these country-specific discussions public, including detailed public conclusions;
Amendment 191 #
2021/2180(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the annual report should identify cross-cutting trends at EU level; asks the Commission to identify instances where certain measures or practices that undermine the rule of law in one Member State become blueprints for others, or when the gravity and scope of such deficiencies have the potential to affect the Union as a whole; stresses that internal rule of law deficiencies may have a detrimental effect on the credibility of the EU’s foreign policy, in particular towards its immediate neighbourhood and candidates and potential candidates for EU membership;
Amendment 196 #
2021/2180(INI)
8. Commends the effort of the 2021 report to compare the situation with that of the 2020 report; believes that it is necessary to identify clearly positive and negative trends as regards the rule of law situation and provide an analysis of the underlying reasons for that; invites the Commission to include an assessment of all rule of law measures implemented in the previous year, accompanied by an analysis of their effectiveness and possible avenues for improvement;
Amendment 200 #
2021/2180(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the 2021 report could have provided clearer assessments, stating whether there were deficiencies, a risk of a serious breach or an actual breach of Article 2 TEU values in each of the pillars analysed in the country chapters; calls for a more integrated analysis on the interlinkages between the four pillars and of how combined deficiencies may amount to breaches or risks of a breach; emphasises that the annual Commission report should not merely be a description of previous events, but instead an analytical and prescriptive instrument in order to fulfil its preventive and mitigative purposes;
Amendment 207 #
2021/2180(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission’s intention to include country-specific recommendations in the 2022 report; calls on the Commission to accompany such recommendations with binding deadlines for implementation, targets and concrete actions to be taken; calls on the Commission to include in subsequent reports indications on the implementation of its recommendations; and, in addition, to submit a mid-year evaluation report on the progress made in this regard to the Parliament;
Amendment 218 #
2021/2180(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends that the Commission indicate next to each of its recommendations the appropriate tools for the EU institutions to use if the shortcomings are not remedied; calls on the Commission not to hesitate in using those tools, especially when there is no trust in a quick implementation of the recommendations or a risk of further deterioration;
Amendment 226 #
2021/2180(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets the fact that both the 2020 and the 2021 reports fails to fully encompass the Article 2 TEU values of democracy and fundamental rights, which are immediately affected when countries start backsliding on the rule of law; reiterates the intrinsic link between the rule of law, democracy and fundamental rights;
Amendment 228 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Reaffirms the fact that EU law has primacy over national law, regardless of the way in which national justice systems are organised; deplores the serious and structural problems regarding judicial independence in certain Member States; invites the Commission to include strong binding recommendations in its 2022 report in order to ensure the independence of the judiciary in any EU Member State;
Amendment 232 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Recalls that media freedom and plurality are essential to democracy; is alarmed by the increasingly hostile environment in which media are operating inside many EU Member States, characterised by a high amount of violent incidents and threats against journalists, oppressive strategies by EU governments such as the use of strategic lawsuits against public participation (SLAPPs) and smear campaigns, and increasing state control over public media; stresses that the COVID-19 pandemic has further exacerbated challenges already faced by media operators; regrets that the 2021 report does not reflect the gravity of these trends, especially related to state control, strategic lawsuits and smear campaigns by certain EU Member States; urges the Commission to improve the media related chapters in this regard, to introduce EU legislation against the use of SLAPPs establishing minimum standards and to present an ambitious legal framework to counter the growing politicisation of the media in certain Member States in the upcoming Media Freedom Act; calls on the Commission to explore possibilities for additional and more flexible funding for independent, investigative journalism in the EU;
Amendment 235 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Stresses that media freedom is closely related to artistic and academic freedom; underlines that the independence of education systems is under threat when the autonomous organisational structure of its institutions is not secured; calls, therefore, on the Commission to include all aspects of freedom of expression in its rule of law report;
Amendment 236 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Welcomes the fact that many EU Member States are among the world’s best performers in the fight against corruption according to the 2020 Corruption Perception Index, as mentioned by the Commission report; is, however, deeply worried by the fact that there is significant difference among the individual Member States with the best performing ones placed at first place and the worst performing ones ranked at 78th place; regrets the strong deterioration observed in some other Member States and the continued emergence of corruption cases involving high level officials; reiterates that the existence of national anti-corruption strategies can only be considered successful once their implementation has been effectively carried out; recalls the need to establish a regulatory framework that allows for a definition of the crime of corruption that is uniform and shared at European level; urges the Commission to update and enhance the EU anticorruption policy and instruments and ensure the proper implementation and enforcement, in order to provide for commons standards and benchmarks as a precondition for strengthening the mutual trust and sincere cooperation; reminds the importance for EU Member States to engage with EPPO and support actively its tasks;
Amendment 237 #
2021/2180(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12e. Underlines that fair and free elections are among the absolute minimum standards for a functioning democracy and that every election process in the EU should be without any irregularities; urges the Commission to take all measures necessary once the risk of manipulation of elections in an EU Member State is identified; stresses that in case of the observation by the OSCE that elections have not taken place in a fair and free manner, strong consequences must be attached to this under the Article 7 Procedure;
Amendment 252 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Expresses particular concern about continued and systematic attacks on the fundamental rights of LGBTI+ persons, reinforced by the deterioration of the rule of law in several EU Member States; regrets that this development is not consistently reflected in the Commission’s rule of law report; calls on the Commission to systematically address this issue in all relevant country reports and the synthesis report;
Amendment 255 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Recalls the strong impact of measures related to the COVID-19 pandemic on the EU’s rule of law environment and fundamental rights, in particular in the area of justice, corruption and media freedom; stresses that monitoring of the use and proportionality of these measures should be continued until all measures are lifted without any exceptions; notes in this regard the risk of misuse of funds out of the EU Recovery and Resilience Facility; reiterates that these funds can only be distributed once these concerns have been fully addressed;
Amendment 264 #
2021/2180(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to strengthen the regular, inclusive and structured dialogue with governments and national parliaments, NGOs, national human rights institutions, ombudspersons, equality bodies, professional associations and other stakeholders; calls on the Commission to organise the consultation of stakeholders through a transparent process, based on clear criteria; considers that civil society organisations should be closely involved in all phases of the review cycle; highlights that thematically structured consultations would make the process more efficient and increase the amount of valuable feedback; stresses that the consultation questionnaire should allow stakeholders to report aspects beyond the scope envisaged by the Commission;
Amendment 274 #
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 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 holidays; invites the Commission to introduce the opportunity of year-round consultation for civil society instead of focusing mainly on time-limited calls for input; 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 307 #
2021/2180(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Strongly condemns EU Member States refusing to engage in the annual Rule of Law dialogue; considers this refusal to be enough for the Commission to accelerate and refine further the situation in these countries concerned;
Amendment 321 #
2021/2180(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls its position regarding the involvement of a panel of independent experts to advise the three institutions, in close cooperation with the FRA; asks its Bureau, in light of the reluctancecalls ofn the Commission and the Council, to organise a public procurement procedure in order to create such a panel under the auspices of Parliament as a first step, in order to advise Parliament on compliance with Article 2 TEU values in different Member Statesto add their input as an annex to the report and include a justification of how these inputs were included in the annual report;
Amendment 334 #
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 Commission to explicitly link these instruments to identified or possible rule of law issues in the report; calls on the institutions to activate such tools without delay;
Amendment 356 #
2021/2180(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance of the Rule of Law Conditionality Regulation where breaches of the principles of the rule of law affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union; considers that the annual report is the most appropriate place to have a dedicated section and conduct a relevant analysis; urges the Commission to launch the procedure enshrined in Article 6(1) of that regulation at least in the cases of Poland and Hungary; recalls that the applicability, purpose and scope of the Regulation are clearly defined and do not need to be supported by further explanations; condemns the Commission’s intention to still draft guidelines even after the CJEU ruling confirming the legality and validity of the Regulation; calls on the Commission to explore the full potential of the Common Provisions Regulation and the Financial Regulation to protect the rule law;
Amendment 370 #
2021/2180(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Strongly regrets the inability of the Council to make meaningful progress in ongoing Article 7(1) TEU procedures; urges the Council to ensure that hearings take place on a regular basisat minimum once per Presidency and also address new developments; reiterates its call on the Council affecting rule of law, democracy and fundamental rights; emphasises that there is no need for unanimity in the Council in order to identify a clear risk of a serious breach of EU values under Art. 7(1), neither to address concrete recommendations to the Member States in question, and to provide deadlines for the implementation of those recommendations; reiterates its call on the Council to do so; insists that Parliament’s role and competences be respected;
Amendment 1 #
2021/2026(INL)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification1a (the 'Family Reunification Directive') _________________ 1a OJ L 251, 3.10.2003, p. 12.
Amendment 10 #
2021/2026(INL)
Motion for a resolution
Recital G
Recital G
G. Wwhereas the operation of CBI schemes lead to the commodification of Union citizenship; whereas such commodification of rights is not compatible with Union values, in particular equalityUnion has enacted measures to harmonise the pathways for legal migration to the Union and the rights attached to residence, such as the Long- Term Residence Directive;
Amendment 15 #
2021/2026(INL)
Motion for a resolution
Recital M
Recital M
M. Whereas CBI/RBI schemes pose a wide range of risks that include corruption, money laundering, security threats and tax avoidance; whereas those risks cannot be properly assessed because of a lack of transparency and are currently not sufficiently managed, resulting in weak vetting and a lack of due diligence with respect to applicants under CBI/RBI schemes in Member States;
Amendment 18 #
2021/2026(INL)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. Whereas CBI/RBI schemes have a dual nature: the investment on the one hand and the residency/citizenship on the other, which requires a comprehensive approach when regulating that subject matter;
Amendment 19 #
2021/2026(INL)
Amendment 21 #
2021/2026(INL)
Motion for a resolution
Recital O
Recital O
O. Whereas Member Statesexisting Union law does not always consult Union databases for background checks on applicants under provide for systematic consultation of the Union large-scale IT systems for background checks on applicants under CBI/RBI schemes; whereas the existing Union and national rules does not require any vetting procedures to be performed before granting citizenship or residency under a CBI/RBI schemes; whereas Member States do not share the results of such checks and procedures systematicallyon a regular basis;
Amendment 22 #
2021/2026(INL)
Motion for a resolution
Recital Q
Recital Q
Q. Whereas the Commission initiative to establish a Group of Experts on Investor Citizenship and Residence Schemes was aimed at Member States’ representatives agreeing on a common set of security checks but did not propose such a common set of security checks; whereas that group has not met since 2019;
Amendment 23 #
2021/2026(INL)
Motion for a resolution
Recital R a (new)
Recital R a (new)
Amendment 40 #
2021/2026(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the fact that residency requirements to qualify under the RBI/CBI schemes of Member States do not always include continuous and effective physical presence and are difficult to monitor, thereby potentially attracting bad faith applicants who purchase national citizenship purely for the access it grants to the Union territory and its single market without any e attachment to the Member State in question;
Amendment 42 #
2021/2026(INL)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Highlights the fact that CBI/RBI schemes consist of two quasi-independent elements of one relationship, not as one element (investment) leading directly to a second element (residency or citizenship), and urges the Member States to treat these schemes taking that fact into account;
Amendment 51 #
2021/2026(INL)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Notes with concern that the lack of common standards and harmonised rules governing CBI/RBI schemes may negatively affect the Union internal security and the free movement of persons within the Schengen area;
Amendment 54 #
2021/2026(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that, as CBI/RBI schemes constitute free riding and produce severe consequences for the Union and the Member States, a financial contribution to the Union budget is warranted, also as a concrete expression of solidarity following from, inter alia, Article 80 TFEU; requests, therefore, that the Commission, in 2022, on the basis of Article 311 TFEU, submit a proposal for the establishment of a new category of the Union’s own resources, consisting of a ‘CBI & RBI Adjustment Mechanism’ that would place a levy of 50 % on the investments made in Member States as part of CBI/RBI schemes;
Amendment 61 #
2021/2026(INL)
Motion for a resolution
Paragraph 21 – introductory part
Paragraph 21 – introductory part
21. Requests thatCalls on the Commission to submit, in 2022, on the basis of Article 79(2) and Articles 80, 82, 87 and 114 TFEU a proposal for an act legislative package that would comprehensively regulate various aspects of CBI/RBI schemes with the aim of harmonising standards and procedures and strengthening the fight against organised crime, money laundering, corruption and tax evasion, covering, inter alia, the following elements:
Amendment 64 #
2021/2026(INL)
Motion for a resolution
Paragraph 21 – point a
Paragraph 21 – point a
(a) increased due diligence and rigorous background checks on the applicants and, where necessary, their family members, including mandatory checks against the Union large-scale justice and home affaires IT systems and vetting procedures in third countries;
Amendment 67 #
2021/2026(INL)
Motion for a resolution
Paragraph 21 – point a a (new)
Paragraph 21 – point a a (new)
(aa) increased due diligence and rigorous checks of the capital of the applicants and, where necessary, of the capital of their family members;
Amendment 71 #
2021/2026(INL)
Motion for a resolution
Paragraph 21 – point c
Paragraph 21 – point c
(c) obligations on Member States to report to the Commission regarding their CBI/RBI schemes and applications thereunder;
Amendment 72 #
2021/2026(INL)
Motion for a resolution
Paragraph 21 – point c a (new)
Paragraph 21 – point c a (new)
(ca) setting up a mechanism for exchange of information and coordination among the Member States on granted and rejected CBI/RBI applications;
Amendment 73 #
2021/2026(INL)
Motion for a resolution
Paragraph 21 – point d
Paragraph 21 – point d
(d) minimum physical residence requirements as a condition for acquiring residence under RBI schemes as well as a monitoring mechanism at Union level;
Amendment 75 #
2021/2026(INL)
Motion for a resolution
Paragraph 21 – point d a (new)
Paragraph 21 – point d a (new)
(da) monitoring mechanism for post- control of the compliance with the requirements of the schemes as well as regular reports on the added value of the schemes used by Member States;
Amendment 79 #
2021/2026(INL)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Highlights the specific nature of RBI schemes and underlines that any changes to Union legislation introduced for those applying under RBI schemes should be targeted to that specific type of residency and should not adversely affect the rights of applicants for other types of residency such as students, workers and family members; notes that higher levels of security checks for applicants under RBI/CBI schemes should not be applicable to those who apply for residency under the existing residency schemes at Union level;
Amendment 25 #
2021/2025(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values set out in Article 2 of the Treaty on European Union (TEU); whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union; whereas respect of the rule of law binds the Union as a whole, its Member States and their subnational entities;
Amendment 45 #
2021/2025(INI)
Motion for a resolution
Recital F
Recital F
F. whereas backsliding on the rule of law and fundamental rights in some countries is seriously affecting mutual trust in the functioning of the area of freedom, security and justice and threatening the Union objectives as enshrined in Article 3 of the TEU, as illustrated by several cases where the European Arrest Warrant was put under a strain due to profound doubts about the independence of the judiciary;
Amendment 49 #
2021/2025(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas emergency measures taken in response to the COVID-19 pandemic have put more pressure on fundamental rights and democratic checks and balances;
Amendment 64 #
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, are all part of the Commission’s annual overview of the rule of law situation in the Member States; calls moreover for the inclusion in the annual reports of certain important elements of the Venice Commission’s 2016 Rule of Law Checklist, such as legal safeguards to prevent arbitrariness and abuse of power by public authorities, independence and impartiality of the Bar and equality before the law and non-discrimination; encourages the Commission to also highlight positive trends in Member States that could serve as good examples for others to follow;
Amendment 68 #
2021/2025(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. 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 more efforts to deepen the country analyses with a view to better assess the severity of rule of law challenges; believes that more time should be devoted to the Commission’s country visits, including on site, in order to achieve broader engagement and dialogue with national authorities and civil society; considers that the Commission should raise greater awareness of such country visits to foster the emergence of a rule of law culture at national level;
Amendment 75 #
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 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 in each of the pillars under analysis in the country chapters; considers these assessments necessary to identify follow-up actions and remedial measures and tools; calls for a synthetic approach in the horizontal report in order to clearly identify where the most important risks and problems lie across Member States;
Amendment 79 #
2021/2025(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. CallsIs concerned by the spill-over effects of the erosion of media freedom into the other areas of analysis; considers smear campaigns against judges, legal professionals and civil society organisations and, in particular, strategic lawsuit against public participation (SLAPP) actions, as a limiting factor to their independence and capacity of action; calls, therefore, 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;
Amendment 87 #
2021/2025(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the annual reports should identify cross-cutting trends at Union level; believes that a Union-wide perspective is absent from the 2020 report; asks the Commission to identify instances where certain practices undermining the rule of law, media freedom, check and balances or the fight against corruption in one Member State are becoming blueprints for others or when the gravity and scope of such practices have the potential to affect the Union as a whole; calls for the prioritisation of these Union-wide trends, including the increasing challenges by national Constitutional Courts to the EU legal architecture, in the analysis, to be able to direct remedial action at Union level;
Amendment 99 #
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 and hence their capacity to provide for effective judicial protection to ensure compliance with Union law; considers that the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers that the reports should go beyond a static annual snapshot and include information on relevant antecedents in the country chapters to enable a dynamic and integral assessment of the independence of judicial systems, including the independence of lawyers and Bars;
Amendment 117 #
2021/2025(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. 1. Highlights that, in accordance with Article 17(1) TEU, the Commission is to ensure the application of the Treaties and of secondary legislation, including in cases where risks of serious breaches of the values laid down in Article 2 TEU, identified in country reports, have effectively materialised following the publication of the 2020 report;
Amendment 125 #
2021/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Decries the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7 of the TEU; is appalled by the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments pose a systemic threat to the Union; considers, therefore, that forthcoming annual reports should consider challenges to the Union’s legal architecture and principles as serious violations in the assessment; calls on the Commission to closely monitor the Constitutional Tribunal's ruling regarding the primacy of national constitutional norms over EU law launched at the request of the Government of one country subject to Article 7; urges the Commission to ensure an immediate and adequate response to a refusal to implement and respect CJEU judgments, such as court actions under Article 260 TFEU;
Amendment 140 #
2021/2025(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the dedication of a specific chapter to anti-corruption efforts in each country report since systemic corruption undermines both the functioning of the rule of law and the trust of citizens in the decisions taken by authorities, civil servants and the judiciary; points out that while the existence of national anticorruption strategies can be considered progress, their effectiveness on the ground must also be assessed; notes that an assessment of the resilience of the anti-corruption framework to tackle corruption-related risks in the area of public procurement remains largely absent from the 2020 report; invites the Commission to place greater emphasis on the misuse of EU funds, particularly in view of the new conditionality mechanism;
Amendment 161 #
2021/2025(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the lack of assessment as regards the public media sector at national level and its degree of independence from government or any other interference and an assessment of transparency of media ownership; believes that proper implementation of Article 30 of the 2018 Audiovisual Media Services Directive19 should be closely monitored; _________________ 19 OJ L 303, 28.11.2018, p. 69.
Amendment 163 #
2021/2025(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is alarmed by the growing deterioration of media freedom and media pluralism in some Member States since the publication of the 2020 report; observes with concern that challenges to media freedom are interlinked with the undermining of artistic freedom and academic freedom; calls, therefore, for this pillar to be expanded to all aspects of freedom of expression and for the title of the pillar to be adapted accordinglyis deeply concerned at the abuses, crimes and deadly attacks being committed against journalists and media workers in the Union in view of their activities;
Amendment 172 #
2021/2025(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Observes with concern that challenges to media freedom are interlinked with the undermining of artistic freedom and academic freedom; calls, therefore, for this pillar to be expanded to all aspects of freedom of expression and for the title of the pillar to be adapted accordingly;
Amendment 177 #
2021/2025(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the report’s pillar on checks and balances, covering, inter alia, the process for preparing and enacting laws, the regime for the constitutional review of laws, the role of independent authorities and of civil society organisations in safeguarding the rule of law, and its examination of exceptional measures taken to fight the COVID-19 pandemic;
Amendment 186 #
2021/2025(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Commission to define clear benchmarks on an enabling civic spaceStresses the importance of a healthy civic space to counterbalance the erosion of the rule of law and foster a rule of law culture; invites the Commission to deepen the assessment of civic space in the forthcoming 2021 report; considers beneficial to explore the definition of clear benchmarks on an enabling civic space to further strengthen this area of analysis in the long run, including, among others, the enabling legal environment for the exercise of civic freedoms, the framework for civic organisations’ financial viability and sustainability, access to and participation in decision-making, the right to access to information, safe space, including as regards incidence and responses to verbal and physical attacks, smear campaigns and legal harassment including through Strategic Litigation Against Public Participation;
Amendment 191 #
2021/2025(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Recalls the importance of independent national human rights institutions and ombudsman bodies, in full compliance with the Paris Principles, as well as equality bodies, in preserving citizens’ rights and being able to defend the rule of law at national level; is deeply concerned by recent attempts in a Member State subject to Article 7(1) TEU to undermine the independence of the national Ombudsman from the executive;
Amendment 198 #
2021/2025(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regrets that the non- implementation, which in itself constitutes a serious violation of the rule of law, by a Member State subject to Article 7 of the TEU of a CJEU ruling in relation to restrictions imposed on the financing of civil organisations by persons established outside that Member State, perpetuates the process of shrinking space for civil society in 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 201 #
2021/2025(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Regrets that the report fails to recognise in clear terms the democratic backsliding and the establishment of (semi-)autocratic regimes in some Member States, based on the gradual annihilation of all checks and balances;
Amendment 207 #
2021/2025(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. EReiterates the intrinsic link that exists between the rule of law and fundamental rights and the need to increase awareness of the values enshrined in Article 2 TEU and the Charter; encourages the Commission to consider including within the scope of future reports the application of all rights guaranteed by the Charter of Fundamental Rights; stresses that any action taken by a Member State when acting within the scope of EU law must respect the rights and principles of the Charter of Fundamental Rights; insists therefore, on the link between upholding the rule of law and the right to an effective remedy before a tribunal, the right to a fair trial and the right to be advised, defended and represented, as well as the obligation to provide independent legal aid;
Amendment 210 #
2021/2025(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Strongly denounces that European and international legislation are not fully respected in some EU Member States, for example in the field of anti-discrimination or in the field of asylum, such as the non- implementation by a Member State subject to an Article 7 TEU of several CJEU and ECtHR rulings in relation to access to the asylum procedure, including the automatic and unlawful detention and the deprivation of food, thus violating the rights of migrants and asylum seekers to apply for international protection;
Amendment 212 #
2021/2025(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Underlines with concern that people in vulnerable situations, including persons with disabilities, children, religious minorities, especially in times of rising anti-semitism and islamophobia in Europe, Roma and other persons belonging to ethnic minorities, migrants, refugees, LGBTI+ persons and elderly persons, as well as women continue not seeing their rights fully respected across the Union; emphasizes the obvious link between deteriorating rule of law standards and human rights and minority rights violations in those Member States;
Amendment 224 #
2021/2025(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to present annual reports on democracy, the rule of law and fundamental rights, equality and rights of persons belonging to minorities as part of the Union’s annual reporting mechanism;
Amendment 227 #
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; considers that focusing annually on a single pre-defined topic would not allow to highlight other serious violations of the Charter taking place on a given year; 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;
Amendment 236 #
2021/2025(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to strengthen the regular, inclusive and structured dialogue with governments and national parliaments, NGOs, national human rights institutions, Ombudsman and equality bodies, professional associations and other stakeholders; noteregrets that three Member States refused to make public their submissions for the 2020 report; calls for transparency in the process and for all submissions to be made public;
Amendment 244 #
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 processtimeframes for consultation for civil society are too short and should be more predictable; notes that organising consultations before the annual release of public statistics impoverishes contributions; calls on the Commission to allow multilingual submissions; suggests making the framework for stakeholders’ contributions less rigid;
Amendment 250 #
2021/2025(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that cooperation in the annual monitoring cycle with the Council of Europe and its Parliamentary Assembly, including through a more structured partnership, is of particular relevance for advancing democracy, the rule of law and fundamental rights in the EU; recalls that accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is a legal obligation provided for under Article 6(2) TEU; reiterates the need for a swift conclusion of the accession process in order to ensure a consistent framework for human rights protection throughout Europe and to further strengthen the protection of fundamental rights and freedoms within the Union;
Amendment 257 #
2021/2025(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission and the Council to respond positively to Parliament’s call in its resolution of 7 October 2020 for an EU mechanism on democracy, the rule of law and fundamental rights; reiterates that such mechanism is necessary to reinforce the promotion and respect for Union values; recalls that this annual Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States; recalls that findings of relevant international bodies, such as the ones under the auspices of the UN, OSCE and the Council of Europe, are of crucial importance for the assessment of the situation in Member States; believes that the European Union Fundamental Rights Information System EFRIS is a source of information in this regard;
Amendment 261 #
2021/2025(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Recommends that the Commission aligns recommendations with potentially applicable tools to remedy the identified shortcomings; calls on the Commission to better follow-up on the implementation of the country-specific chapters by the Member States concerned by activating other rule of law tools to achieve results in case of non-implementation of the recommendations; underlines the importance of identifying clear positive and negative trends in each Members State and the need to give special attention to comparisons with the reports of the respective previous year;
Amendment 265 #
2021/2025(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c. Calls on the Commission and the Council to enter without delay into negotiations with Parliament on an interinstitutional agreement in accordance with Article 295 TFEU in order to establish an objective and evidence-based monitoring mechanism enshrined in a legal act binding the three institutions to a transparent and regularised process, with clearly defined responsibilities, involving a panel of independent experts that shall advise the three institutions, in strong cooperation with the European Union Agency for Fundamental Rights, so that the protection and promotion of all Union values becomes a permanent and visible part of the Union agenda;
Amendment 271 #
2021/2025(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. SReiterates that the DRF mechanism must complement and reinforce, and by no means substitute, the ongoing and future proceedings under Article 7 TEU; strongly regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes that the Council’s hesitance to apply Article 7 of the TEU effectively is enabling continued divergence from the values provided for in Article 2 of the TEU; urges the Council to proceed without delay to vote under Article 7(1) TEU; calls on the Council to ensure that hearings under Article 7(1) TEU start again as a matter of urgency and also address new developments; reiterates its recommendation to the Council to address concrete recommendations to the Member States in question, as enshrined in Article 7(1) TEU, as a follow-up to the hearings, and that it indicate deadlines for the implementation of those recommendations; calls for a reflection at the Conference on the Future of Europe on a revision of the Article 7 TEU procedure in order to realign the majority requirements of paragraphs 1 and 2 with a view to having super-majorities of four or five for both procedures;
Amendment 277 #
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; considers that the Conference on the Future of Europe should further assert the precedence of the EU legal order; invites the Conference on the Future of Europe to consider strengthening the role of the Court of Justice of the European Union in protecting the Union’s founding values;
Amendment 285 #
2021/2025(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. CStresses that the applicability, purpose and scope of the Rule of Law Conditionality Regulation is clearly defined in the legal text of the said Regulation; considers that the European Council conclusions on the Regulation on a general regime of conditionality contravene Article 17 and Article 15 TEU and Article 288 TFEU, and introduce unnecessary legal uncertainty considering some recent developments by Member States subject to Article 7 TEU; calls for action in this regard; recalls that said Regulation applies from 1 January 2021; calls for the Commission to use the findings of the annual report in its assessment that forms the basis of the mechanism to protect the budget against breaches of the principle of the rule of law, as well as in any other relevant assessment for the purposes of existing and future budgetary tools; reiterates its call on the Commission to dedicate a specific section of the annual report to an analysis of cases where breaches of the principles of the rule of law in a particular Member State could affect or seriously risk affecting the sound financial management of the Union budget in a sufficiently direct way; calls on the Commission to more vigorously apply the Common Provisions Regulation and the Financial Regulation to tackle discriminatory use of European funds, as it did when withholding funds for municipal or local governments proclaiming themselves to be ‘‘free from LGBTI ideology’’;
Amendment 289 #
2021/2025(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Calls on the Commission to develop a culture of European values, including through strengthened efforts to promote European citizens’ education, which should include rule of law education;
Amendment 293 #
2021/2025(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Calls on the Council and the Commission to provide adequate funding for European-wide, national, regional and local civil society organisations and independent journalism to foster grassroots support for democracy, the rule of law and fundamental rights in all Member States, in particular where violations and shortcomings have been identified; believes that adequate funding under the Citizens, Equality, Rights and Values programme is extremely important, including for strategic litigation;
Amendment 297 #
2021/2025(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to assess in successive reports how the issues identified in the areas analysed in previous reports have evolved, been solved, risk deteriorating or have further deteriorated, to identify trends and transversal issues and to put forward clear recommendations to remedy any risks or backsliding identified;
Amendment 306 #
2021/2025(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to make clear in its annual Rule of Law Reports that not all rule of law shortcomings and violations are of the same nature and/or intensity and that when the values listed in Article 2 of the TEU are violated gravely, permanently and systematically, Member States cease being democracies; and become authoritarian regimes; calls, therefore, on the Commission to assess countries under ongoing Article 7 TEU proceedings in-depth, in order to illustrate how the rule of law has been structurally undermined to facilitate the consolidation authoritarian-style governance structures;
Amendment 310 #
2021/2025(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Underlines that this report should serve as a basis for the prioritisation of follow-up actions by the EU regarding those Member States where shortcoming or deficiencies are witnessed, firmly placing the contribution of the report within the overarching democracy, rule of law and fundamental rights mechanism;
Amendment 311 #
2021/2025(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Commits to start working on the 2021 report as early as possible after its publication;
Amendment 57 #
2020/2111(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the global economic decline has had a particularly severe impact on the most vulnerable economies, which rely heavily on commodity exports, external support, tourism and in a longer consequence on foreign policies;
Amendment 64 #
2020/2111(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the crisis has shown the importance of boosting investment in public services and particularly in health care and social protection, especially the need fora higher degree of self-sufficiency in crucial healthcare and protective equipment; whereas the COVID-19 outbreak has exacerbated the persistent problem of medicine shortages globally, with acute consequences in developing countries;
Amendment 68 #
2020/2111(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas women around the world in violent relationships were forced to be at home, exposed to their abuser for longer periods of time; while domestic violence helplines and shelters across the world are reporting rising calls for help, in a number of countries, domestic violence reports and emergency calls have surged upwards of 25% since social distancing measures were enacted;;
Amendment 76 #
2020/2111(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Affirms that the global outbreak of the COVID-19 pandemic is a game changer in the international environment and a catalyst of change in the global order; stresses the fundamental importance of strengthening the EU internal resilience for an effective global projection of its multilateralist vision, in line with its values and long-term objectives as enshrined in its Global Strategy;
Amendment 82 #
2020/2111(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the third countries and the EU Member States to mitigate the social effects of the pandemic by revising their national social spending, and to adopt expansionary measures to protect and strengthen their healthcare systems;
Amendment 123 #
2020/2111(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Regrets the fact that consequences of the outbreak of the COVID-19 pandemic disproportionately affect the poorest and persons in the most disadvantaged, marginalised and unprotected social categories, including persons with physical and intellectual disabilities and persons with chronic medical conditions, who already have limited or no access to basic hygiene and treatment for their healthcare needs, and have become even more vulnerable due to the pandemic; whereas the lockdown has had a particularly severe impact on persons with physical and intellectual disabilities; Calls on the third country authorities to ensure sufficient social help to the most venerable;
Amendment 129 #
2020/2111(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Condemns all forms of exclusion and discrimination against those infected with COVID-19;
Amendment 130 #
2020/2111(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Notes that refugees and displaced persons are more vulnerable to the consequences of the crisis, as they are often faced with more precarious living conditions and tend to face greater obstacles in accessing basic health services than local populations; calls, therefore, on authorities of third countries and EU countries to enhance health care access and provide targeted support to refugees and displaced populations, in particular women and children;
Amendment 147 #
2020/2111(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Acknowledges that the pandemic negatively affected global trade mostly by delays in production, as well as the collapse of air traffic - calls on the Member States to uphold the most vital supply channels for the Union as well as to seek for a new perception of supply chains and critical goods;
Amendment 291 #
2020/2111(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the VP/HR to recognise these concerns and simultaneously create an atmosphere of dialogue, engagement and genuine cooperation, (especially regarding the medical supply chains) based on a new, more assertive strategy in which the EU pushes back when necessary to defend European values; is of the view that, as part of this new strategy, the EU should seek closer collaboration with countries in the region and other democracies;
Amendment 415 #
2020/2111(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines the important role of the armed forces during the COVID-19 pandemic and bwelcomes military assistance to civil support operations, notably for the deployment of field hospitals, patient transport, equipment delivery and distribution; Believes that a more in-depth joint operation and coordination of member states’ armed forces within existing frameworks - such as the European Medical Command - or within new frameworks - such as military hospital trains - could lead to greater efficiency and contribute to the EU’s preparedness to fight pandemics; recencourages the setting up of European mechanisms aimed at facilitating the cross-border use of military lognises the need to review the EU’s security and defence strategies to developtical capabilities to face such emergencies, in order to allow for greater coordination, synergy, solidarity and support; supports the EU’s security and defence new initiatives, aiming inter alia at developing the Union’s strategic autonomy, to become better prepared and more resilient to the new and hybrid threats and technologies that have made the nature of warfare less conventional and challenge the traditional role of the military, as well as for a future in which Russia and China and other players, are becoming more assertive; stresses that the future Strategic Compass on security and defence which will present a joint threat assessment should reflect these developments and take account of the broader potential geopolitical implications of COVID-19; believes that, given the new political balance and a potential worsening of the int the budget allocated to EU defence initiatives, notably military mobility, which focus on increasing interoperability would be of great added value in case of future crisis, and the European Defence Fund must meet the EU ambition in the defence area; stresses the need to increase the EU CBRN preparedness ; commands the continuity of the CSDP missions and opernational security environment following COVID-19, the EU defence budgets must not be cus despite the very challenging environment ; suggests to assess the budget, planning and equipment of EU CSDP missions and operations in the light of the COVID-19 lessons learnt;
Amendment 440 #
2020/2111(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Underlines that closer cooperation in preventing and countering cyberattacks is also essential in these particularly vulnerable times; calls for strong coordination with and support from the European Union Agency for Cybersecurity (ENISA) in this respect;
Amendment 581 #
2020/2111(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is of the opinion that the COVID- 19 crisis has highlighted certain weaknesses of our Union and has shown the urgent need for an effective and efficient Union; believes that the Conference on the Future of Europe will provide a good platform to move forward in constructing more efficient decision making in EU external policies; is therefore determined to start the Conference as soon as possible; Welcomes therefore the President Charles Michel conclusion that ‘it is of utmost importance to increase the strategic autonomy of the Union’;
Amendment 8 #
2020/2080(INI)
Motion for a resolution
Recital A
Recital A
A. whereas according to Article 42(2) of the TEU, the common security and defence policy (CSDP) includes the progressive framing of a common EU defence policy, which could lead to a common defence being put in place; whereas PESCO constitutes an important step towards achieving this objective;
Amendment 22 #
2020/2080(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the three-fold level of ambition under the EU Global Strategy in the field of security and defence covers securing external borders, countering hybrid threats and fighting against terrorismthe protection of Europe and its citizens, crisis management and capacity-building of partners; whereas no Member State can protect itself alone, since security and defence threats faced by the EU, and which are targeted against its citizens and, territory, are a jointies and infrastructures, are common multi- faceted threats and cannot be addressed by one single Member State on its own; whereas an effective EU system for addressing burden-sharingefficient, coherent and strategic used of resources would be advantageous for the EU’s overall level of security and defence and is more than ever necessary in a fast deteriorating security environment;
Amendment 32 #
2020/2080(INI)
Motion for a resolution
Recital F
Recital F
F. whereas PESCO’s long-term vision is to achieve a coherent full-spectrum force package available to the Member Statesprovide the Union with operational capacity drawing on civil and military assets in order for the Union to perform its tasks referred to in Article 43 TEU; whereas PESCO should enhance the EU’s capacity to act as a global actor and an international security provider in orderand to protect EU citizens an; whereas PESCO would maximise the effectiveness of defence spending; whereas the cost of non- Europe in security and defence is estimated to be more than EUR 100 billion per year;
Amendment 48 #
2020/2080(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the COVID-19 pandemic has shown the consequences of the EU not having enough competence when it comes to health care; whereas, by the same analogy, it would make sense to establish an EU common defence strategy in order to be able to respond to an attack on the EU’s borders and territories; whereas PESCO constitutes an important step towards achieving the objective of a common defence and the need for a European Health Union;
Amendment 61 #
2020/2080(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas, the establishment of an EU common defence strategy is more than ever needed in the context of growing multiple threats;
Amendment 69 #
2020/2080(INI)
Motion for a resolution
Recital H
Recital H
H. whereas according to Council decision 2017/2315, establishing PESCO enhanced defence capabilities of the Member States will also benefit NATO, following the single set-of-forces principle, while strengthening the European pillar within the alliance and responding to repeated calls for stronger transatlantic burden-sharing;
Amendment 88 #
2020/2080(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the pMS do not pay enough attentionmust show full political engagement to the 20 binding commitments to which they have subscribed, and not enough progress has been achieved with regard to significantly embedding PESCO into national defence planning processes;
Amendment 90 #
2020/2080(INI)
Motion for a resolution
Recital K
Recital K
K. whereas PESCO was originally conceived as an avant-garde, comprising the Member States willing and able to upgrade their cooperation in defence to a new level of ambition; whereas the fact thwe welcome that 25 Member States have decided to participate there are 25 pMSo PESCO; whereas this high number of pMS should not means that PESCO is at risk of being constrained by the ‘lowest common denominator’ approach; whereas meaningful participation of smaller Member States shall be ensured;
Amendment 95 #
2020/2080(INI)
Motion for a resolution
Recital L
Recital L
L. whereas work on the first three waves of PESCO projects has led to the pMS proposing 47establishing 47 projects; whereas we consider that this high number of proposals shows that PESCO was much needed; whereas pMS shall now translate this initial enthusiasm into political will and ensure the swift and effective implementation of these projects; whereas the current list of projects lackscould benefit from more mutual coherence, strategic ambition and does not adequately address priority shortfalls as identified by the pMS; whereas one of these projects has been stopped in order to avoid unnecessary duplication; whereas other projects did not make sufficient progress or are at risk of being stopped, and around 30 projects are still in the ideation and preparatory phase;
Amendment 114 #
2020/2080(INI)
Motion for a resolution
Recital M
Recital M
M. whereas only the most strategic PESCO projects, such as EUFOR Crisis Response Operation Core (EUFOR CROC) have the potential to decisively contribute to the creation of a coherent full spectrum force package;
Amendment 118 #
2020/2080(INI)
Motion for a resolution
Recital N
Recital N
N. whereas major European defence projects such as the Future Air Combat System (FCAS) and the Main Ground Combat System (MGCS) currently remain outside the scope of PESCO; whereas their integration within the remit of PESCO would provide for sufficient strategic focus;
Amendment 127 #
2020/2080(INI)
Motion for a resolution
Recital P
Recital P
P. whereas only some of the current PESCO projects do sufficiently address the most obvious capability gapcapability shortcomings or already sufficiently take into account High Impact Capacity Goals (HICG) deriving from the Capability Development Plan (CDP), and should be considered as a priority;
Amendment 130 #
2020/2080(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas the consistency, coherence and mutual reinforcement between PESCO, CARD, national implementation plans (NIPs) and the CDP has to be further improved;
Amendment 133 #
2020/2080(INI)
Motion for a resolution
Recital R
Recital R
R. whereas the NATO Defence Planning Process (NDPP) drives defence national planning processes in most cases in Member States which are Members of the North Atlantic Treaty Organization;
Amendment 145 #
2020/2080(INI)
Motion for a resolution
Recital S
Recital S
S. whereas interactions between Member States’ national priorities, EU priorities and NATO priorities should be synchronisedtake place at the earliest possible convenience; whereas PESCO can be an effective tool in order to achieve EU and NATO targets simultaneouslyddress the capability development priorities identified in the EU and by NATO;
Amendment 155 #
2020/2080(INI)
Motion for a resolution
Recital U
Recital U
U. whereas currently, PESCO projects are dependent on the 25 participating Member States’ financial contributions; whereas it is expected that, as a result of the COVID-19 pandemic, national defence budgets will suffer reductions; whereas paradoxically, several of the currently 47 PESCO projects, if funded accordingly, could strengthen Member States’ preparedness, should another massive public health crisis occur: military mobility – a flagship PESCO project –, the European Medical Command and many other projects in areas related to logistics and transportation, health care, disaster relief CBRN preparedness and the fight against malicious cyber activities; whereas cutting funding for the strategic capabilities that the EU and its Member States currently lack would also weaken their ability to jointly act against future pandemics;
Amendment 163 #
2020/2080(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the prospect of co- financing certain PESCO projects via the future European Defence Fund (EDF) has led pMS to multiply their proposals, and despite the fact that this has encouraged exchanges and cooperation, notwhereas all proposals shall necessarily have the EU’s best strategic interest in mind;
Amendment 166 #
2020/2080(INI)
Motion for a resolution
Recital W
Recital W
W. whereas the participation of third countries, which would meet an agreed set of political substantive and legal conditions, in individual PESCO projects might be in the strategic interest of the European Union, particularly in case of the United Kingdomwhen it comes to providing technical expertise or additional capabilities, particularly in case of strategic partners such as the United Kingdom, countries from the Western Balkans and the Eastern Partnership; whereas possible third country participation to PESCO projects should not undermine the objective to foster the EU CSDP;
Amendment 179 #
2020/2080(INI)
Motion for a resolution
Recital Y
Recital Y
Y. whereas the governance of PESCO is led by pMS, and therefore eventually leads to the insufficient coordination and overall consistency of the projects; whereas this should constitute grounds for the extension of the mandate of the PESCO secretariatwhereas the PESCO secretariat should continue to provide expertise upon request and to facilitate liaison with other EU actors as regards possible synergies with other EU instruments and initiatives to ensure transparency and inclusiveness and avoid unnecessary duplications;
Amendment 188 #
2020/2080(INI)
Motion for a resolution
Recital AB
Recital AB
AB. whereas the Parliament regrets the fact thatcalls for the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy did noto forward his annual report on the implementation of the PESCO;
Amendment 189 #
2020/2080(INI)
Motion for a resolution
Recital AB a (new)
Recital AB a (new)
ABa. whereas the combined Research and Development efforts of pMS under PESCO will give way to significant technological breakthroughs, in turn providing the Union with a competitive edge in the areas of modern defence capabilities;
Amendment 191 #
2020/2080(INI)
Motion for a resolution
Recital AB b (new)
Recital AB b (new)
ABb. whereas the COVID-19 pandemic and other health and refugee crises have shown the clear need for the development of real time, rapidly deployable CBRN surveillance capabilities of the Union, which are to increase the preparedness and overall safety of the Member States;
Amendment 193 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Recommends that the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy:
Amendment 194 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) inform and consult Parliament on the review of PESCO, and to ensure that Parliament’s views are duly taken into consideration, in line with Article 36 TEU especially in the context of the current strategic review of the first PESCO phase, which ends in 2020, in order to ensure; reinforced accountability, transparency, and scrutiny;
Amendment 203 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
(c) prepare as soon as possible, on the basis of the results of the discussion on the Strategic Compass, a fully-fledged EU Security and Defence White Book;
Amendment 224 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
(e) maintain the EU’s budgetary ambition for the strengthening of defence capabilities, notably thought the sufficient financing of the future EDF in the upcoming MFF;
Amendment 229 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) ensure that PESCO is effectively used as an instrument to reachwards EU defence integration as a common goal, especially in terms of availability, interoperability, flexibility and deployability of forces in line with the ambition for greater EU Sstrategic Autonomyautonomy; highlights the need to secure European defence autonomy by building and developing its own capabilities, resources and reserves;
Amendment 247 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point h
Paragraph 1 – point h
(h) ensure that PESCO is treated as a Union institutions sui generis, as is the case with the European External Action Service (EEAS), which would require amending the Financial Regulation8 in order to include PESCO, with a specific section in the Union budget; recognise that Parliament, jointly with the Council, exercises legislative and budgetary functions, as well as functions of political control and consultation as laid down in the Treaties; _________________ 8 OJ L 193, 30.7.2018, p. 1.
Amendment 281 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point l
Paragraph 1 – point l
(l) consider, as part of the reform of the EU Battlegroup system, whether to bring it under PESCO in order to increase its operational capacity, modularity and agility;
Amendment 287 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point m
Paragraph 1 – point m
(m) group PESCO projects into capability clusters and make a distinction betweenassess their strategically relevant and other projectsce;
Amendment 290 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point n
Paragraph 1 – point n
(n) promote compliance with the 20 PESCO commitments by establishing clearer definition of compliance benchmarks, and by ensuring that future project proposals must address a specific CDP priority; ensure that any reviews of project progress should be based on clear and transparent criteria; ensure that such criteria serve as benchmark for all Member States participating in PESCO projects; whereas PESCO can in this respect contribute to greater coherence, coordination and interoperability in security and defence, and to consolidating solidarity, cohesion and the resilience of the Union;
Amendment 297 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point o
Paragraph 1 – point o
(o) use the synergies between the PESCO project cycle and other defence capability processes such as CARD, HLG and EDF in order to enable more mature and well-documented projects to be submitted; allow projects to be submitted outside the cycle in order toenhance the coherence of EU defence planning and development tools and initiatives in order to enable more focused, mature, better developed and structured PESCO projects proposals to be submitted; make sure the submission cycle enables the synchronised implementation of several European initiatives, including the EDF;
Amendment 302 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point p
Paragraph 1 – point p
(p) consider giving CDP a more binding characterencourages pMS to embed CDP into their national defence planning processes with a view to help to overcome capability shortcomings;
Amendment 309 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point q
Paragraph 1 – point q
(q) define an effective and strong project steering committee, reaffirm the central role of the PESCO secretariat as a single point of contact for all projects and invite the secretariat to carry out regular situation points on the progress of projects to the Parliament as well as for the benefit of all the stakeholders, including Parliament, via information collected from the Member State(s) in charge of project coordination;
Amendment 312 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point q a (new)
Paragraph 1 – point q a (new)
(qa) call on the pMS to ensure tangible progress in the achievement of the current PESCO projects;
Amendment 330 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point w
Paragraph 1 – point w
(w) clarify the rules governing third- party participation in PESCO, taking into consideration the importance of EU decision-making autonomy and full reciprocity, with a case-by-case approach considered to be most beneficial for the EU; underlines the need to prepare and adopt a comprehensive and fundamental document, which regulates future cooperation with third-party participation in PESCO projects;
Amendment 335 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point w a (new)
Paragraph 1 – point w a (new)
(wa) ensure that PESCO projects further develop and increase the industrial capacity of pMS in the fields of nano-technologies, super-computers, AI, drone technology, robotics and others, in turn securing European self-reliance from foreign importers in these areas, as well as facilitate the creation of new jobs;
Amendment 50 #
2020/2072(INL)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
- having regard to the European Economic and Social Committee Opinion of 19 June 2019 on "Further strengthening the Rule of Law within the Union. State of play and possible next steps" which proposed to create an annual Stakeholders' Forum on fundamental rights and the rule of law;
Amendment 51 #
2020/2072(INL)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
- having regard to the conclusions of the Council of the European Union and the Member States meeting within the Council on ensuring respect for the rule of law of 16 December 2014;
Amendment 52 #
2020/2072(INL)
Motion for a resolution
Citation 34 c (new)
Citation 34 c (new)
- having regard to the United Nations Declaration on Human Rights Defenders of 8 March 1999;
Amendment 54 #
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 democracy, the rule of law and fundamental rights are mutually reinforcing principles;
Amendment 77 #
2020/2072(INL)
Motion for a resolution
Recital C
Recital C
C. whereas breaches of the values referred to in Article 2 TEU do not concern solely the individual Member State where the breaches materialise, but also have an impact on other Member States, weaken the cohesion of the European project, the fundamental rights of all Union citizens and mutual trust among the Member States;
Amendment 88 #
2020/2072(INL)
Motion for a resolution
Recital E
Recital E
E. whereas a regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States, once adopted, would become an indispensable tool in safeguarding the rule of law within the Union, if the voting procedure is designed in such a way that this instrument can be used effectively and cannot be blocked by a minority in the Council;
Amendment 97 #
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 as well as national associations which are responsible for the support of the judiciaries in the independent delivery of justice;
Amendment 105 #
2020/2072(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society at all levels;
Amendment 126 #
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 economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the protection of fundamental rights of all its citizens, the functioning of its single market, the effectiveness of its common policies and its international credibility;
Amendment 138 #
2020/2072(INL)
3. recognises that the Union remains structurally ill-equipped to tackle democratic and, rule of law and fundamental rights violations and backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that field;
Amendment 153 #
2020/2072(INL)
4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; 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 all Union values becomes a permanent and visible part of the Union agenda;
Amendment 171 #
2020/2072(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures, including financial measures;
Amendment 182 #
2020/2072(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. points out that the Mechanism should consolidate and supersede existing instruments, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), while increasing complementarity and coherence with other available tools, including infringement procedures under Article 258 TFEU, the procedure under Article 7 TEU, budgetary conditionality once in force, and the European Semester; is of the opinion that the Annual Monitoring Cycle can fulfil the objectives of the CVM for Bulgaria and Romania, thus contributing to equal treatment of all Member States; considers that the three institutions should use the findings from the Annual Monitoring Cycle in their assessment for the purposes of triggering Article 7 TEU and Regulation (EU) 2020/xxxx of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States11 ; _________________ 11[instead of xxxx insert final number of 2018/136(COD) in the text and correct OJ reference in footnote] OJ C ..., ....., p. ....
Amendment 188 #
2020/2072(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. recalls the indispensable role played by civil society, national human rights institutions, human rights defenders, associations which are responsible for the support of the judiciary in the independent delivery of justice and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating and contributing to monitor implementation; points out that the accreditation status of national human rights institutions and theexistence, and, where they do exist, the formal and functional independence of national human rights institutions, as also reflected in their accreditation status, and the enabling 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;
Amendment 201 #
2020/2072(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. reaffirms the role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values; reiterates the call for Parliament to be present in Article 7 hearings when it is Parliament that initiated the procedurein accordance with the principle of mutual sincere cooperation as enshrined in Article 13(2) TEU; believes that the Mechanism, underpinned by an interinstitutional agreement, will provide the necessary framework for better coordination;
Amendment 214 #
2020/2072(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. strongly believes that addressing the crisibreaches of Union values, including through the proposed Mechanism, is a precondition for re-establishing mutual trust among Member States, thus enabling the Union as a whole to sustain and further all common policies;
Amendment 217 #
2020/2072(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. believes that it should be possible for candidate countries to be monitored by the Mechanism on a voluntary basis;
Amendment 230 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 5
Annex I – paragraph 4 – point 5
(5) The three institutions agree that an Annual Monitoring Cycle on Union Values is necessary to reinforce the promotion and respect for Union values. The Annual Monitoring Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States. The primary objective of the Annual Monitoring Cycle should be to prevent violations of and non- compliance with Union values and to identify positive actions by Member States and national actors including civil society and national human rights institutions to be promoted and supported by the Union, while providing a shared basis for other actions by the three institutions. The three institutions also agree to use this Interinstitutional Agreement to integrate existing instruments and initiatives relating to the promotion of and respect for Union values, in particular the Annual Rule of Law Report, the Council’s Annual Rule of Law Dialogue and the Commission’s Rule of Law Framework, in order to avoid duplication and strengthen overall effectiveness.
Amendment 234 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 6
Annex I – paragraph 4 – point 6
(6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on compliance with all Union values including country-specific recommendations, and a follow-up stage with an implementation and enforcement plan of the recommendations. The Annual Monitoring Cycle should be conducted in a spirit of transparency and openness.
Amendment 247 #
2020/2072(INL)
Motion for a resolution
Annex I – part 1 – point 1
Annex I – part 1 – point 1
1. The three institutions hereby agree to coordinate and cooperate with the aim of promoting and strengthening respect forpromote, strengthen and enforce respect for the founding Union values, in accordance with Article 2 TEU, by coordination and cooperation.
Amendment 250 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 2
Annex I – part 2 – point 2
2. The three institutions agree to organise in sincere and mutual cooperation an Annual Monitoring Cycle on Union Values, covering issues and best practices in all areas of Union values. The Monitoring Cycle shall consist of a preparatory stage, the publication of an annual monitoring report on Union values (‘Annual Report’) including country specific reports and recommendations, and a follow- up stage.
Amendment 255 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 3 – introductory part
Annex I – part 2 – point 3 – introductory part
3. The three institutions agree to establish a permanent Interinstitutional Working Group on Union Values (‘Working Group’). The Working Group shall facilitate coordination and cooperation among the three institutions in all stages of the Annual Monitoring Cycle. The Working Group shall invite the European Union Agency for Fundamental Rights to participate in its meetings. The Working Group shall also directly consult independent experts on a regular basis, civil society organisations and human rights defenders on a regular basis. The Working Group shall regularly make the reports on its work publicly available.
Amendment 257 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 3 a (new)
Annex I – part 2 – point 3 a (new)
3a. The Working Group shall upon nomination of the European Parliament and the Council appoint a Panel of Independent Experts as an additional independent instrument in the context of the identification of breaches and best practices for implementation of the Union values enshrined in Art. 2 TUE. The Panel of Independent Experts shall submit its findings in a timely manner to both the Working Group and the Commission.
Amendment 259 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 4
Annex I – part 2 – point 4
4. On an annual basis, the Commission shall organise a targeted stakeholder consultation to collect information for the Annual Report. The stakeholder consultation shall take place in the first quarter of each year. The consultation shall be transparent and based on a clear and rigorous methodology agreed by the Working Group, following a comprehensive and transparent consultation with stakeholders and independent experts. The methodology shall, in any event, encompass in an appropriate form the benchmarks listed in the Annexes to Commission Decisions 2006/928/EC and 2006/929/EC.
Amendment 264 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 5
Annex I – part 2 – point 5
5. The stakeholder consultation shall give an opportunity to civil society organisations, professional associations and networks, Council of Europe bodies, Union institutions, bodies, offices and agencies and the Member States, including national parliaments and local authorities, civil society organisations, professional associations and networks, Council of Europe bodies and United Nations bodies to contribute to the Annual Report. The Commission shall incorporate the information provided by stakeholders in the Annual Report. The Commission shall publish relevant contributions to the consultation on its website prior to the publication of the Annual Report, subject to the contributors' consent.
Amendment 274 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 7
Annex I – part 2 – point 7
7. Designated representatives of any of the three institutions shall have the possibility to conduct a limited number of fact-finding visits to the Member States for the purpose of obtaining additional information and clarification about the state of Union values in the Member States concerned. The Commission shall incorporate the findings in the Annual Report.
Amendment 277 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 8 – introductory part
Annex I – part 2 – point 8 – introductory part
8. The Commission shall regularly inform the Working Group of the progress made throughout the preparatory stage.
Amendment 280 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 9
Annex I – part 2 – point 9
9. The Commission shall draft the Annual Report based on information gathered during the preparatory stage. The Commission shall issue a reasoned opinion if it decides not to fully incorporate the findings by the Panel of Experts into the Annual Report. The Annual Report should cover both positive and negative developments relating to Union values inenshrined in Article 2 TEU in each of the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States. The depth of reporting should reflect the gravity of the situation in question.
Amendment 290 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 10
Annex I – part 2 – point 10
10. The Annual Report shall contain recommendations specific to each of the Member States with the aim of strengthening the promotion and protection of Union values. The recommendations shall specify concrete targets and timeframes for implementation. The recommendations shall take account of the diversity of Member States’ political and legal systems. Implementation of the recommendations shall be assessed in subsequent Annual Reports or urgent reports, as appropriate.
Amendment 293 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 12
Annex I – part 2 – point 12
12. No later than two months from its publication date, the European Parliament and the Council shall discuss the content of the Annual Report. The discussions shall be made public. The Parliament and the Council shall adopt positions on the Annual Report by means of resolutions and conclusions. As part of the follow-up, the European Parliament and the Council shall assess and reflect on the extent to which previous recommendations have been implemented by the Member States. The three institutions shall make use of their respective powers under the Treaties with a view to contributing to an effective follow-up. The three institutions shall endeavour to promote debate on the Annual Report in the Member States, in particular in national parliaments.
Amendment 300 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 13
Annex I – part 2 – point 13
13. On the basis of the findings of the Annual Report, the Commission may, either on its own initiative or upon request by the European Parliament or the Council, enter into a dialogue with one or several Member States, including national parliaments and local authorities, with the aim of facilitating implementation of the recommendations. The Commission shall regularly report on the progress of the dialogue to the European Parliament and the Council. The Commission may, at any time, provide technical assistance to the Member States through different activities. The European Parliament shall organise, in cooperation with national parliaments, an interparliamentary debate on the findings of the Annual Report.
Amendment 302 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 13 a (new)
Annex I – part 2 – point 13 a (new)
13a. The three institutions should consider the findings of the Annual Report when establishing funding priorities. In particular, the Commission shall include targeted support for national actors contributing to the promotion and protection of Union values, such as civil society organisations, when establishing relevant annual work programmes for the disbursement of Union funds under both shared or direct management.
Amendment 305 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 14 – introductory part
Annex I – part 2 – point 14 – introductory part
14. Without prejudice to the powers of the Commission under Article 258 TFEU and the right of the European Parliament and the Commission and one third of the Member States to submit to the Council a reasoned proposal in accordance with Article 7(1) TEU, the three institutions agree that the Annual Reports should guide their actions concerning Union values.
Amendment 311 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 15
Annex I – part 2 – point 15
15. Where the situation in one or several Member States portends imminent and serious damage to Union values, the European Parliament or the Council may exceptionallyCommission shall either upon its own initiative or at the request of the Commission toEuropean Parliament or the Council draft an urgent report on the situation. The Commission shall prepare the report in consultation with the Working Group. The Commission shall make the urgent report public no later than two months following a request by the European Parliament or the Council. The findings of the urgent report should be incorporated in the next Annual Report. The urgent report may specify recommendations aimed at addressing the imminent threat to Union values.
Amendment 318 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 17
Annex I – part 3 – point 17
17. Where the Annual Report identifies systemic deficiencies with respect to one or several Union values, the three institutions commit to take appropriate action, without delay, within their respective powers as conferred on them by the Treaties. The three institutions mayshall consider, inter alia, whether Union policies requiring a high level of mutual trust can be sustained in light of systemic deficiencies identified in the Annual Report.
Amendment 320 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 19
Annex I – part 3 – point 19
19. The three institutions agree to use the findings of the Annual Report in their assessment of whether there is a clear risk of a serious breach or existence of a serious and persistent breach by a Member State of Union values under Article 7 TEU. If the Annual Report identifies a risk of a serious breach or a serious breach of Union values in a Member State, the Commission shall activate the instruments at its disposal, including financial measures, to enforce respect for the values enshrined in Article 2 TEU. The European Parliament and Council shall hold a debate about the situation in the Member State and justify in a reasoned opinion, whether or not to activate the instruments at their disposal to enforce respect for the values enshrined in Article 2 TEU.
Amendment 326 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 20 – introductory part
Annex I – part 3 – point 20 – introductory part
20. In order to strengthen the transparency and efficiency of the procedure laid down in Article 7 TEU, the three institutions agree to ensure that theall institution initiating a proposal under Article 7(1) TEU iss are able to participate in the hearings under Article 7(1) TEU where that proposal is presented and isare consulted at all stages during the procedure. The three institutions agree to consult each other regularly in the Working Group regarding existing and potential procedures launched under Article 7 TEU.
Amendment 333 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 21
Annex I – part 3 – point 21
21. The three institutions agree to use the findings of the Annual Report in their assessment of whether there are generalised deficiencies as regards the rule of law in the Member States, in accordance with Article 5 of Regulation (EU) 2020/xxxx. If the Annual Report identifies a risk of a or a serious breach of Union values in a Member State, the Commission shall send a written notification to that Member State, in accordance with Article 5 of Regulation (EU) 2020/xxxx.
Amendment 337 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 21 a (new)
Annex I – part 3 – point 21 a (new)
21a. The Parliament and the Council may request the Commission to develop and publish specific guidelines and indicators to address relevant horizontal issues that emerge from the Annual Monitoring Cycle.
Amendment 2 #
2020/2048(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to the Charter of Fundamental Rights of the European Union (the Charter), and in particular Articles 2, 6, 7 and 8 thereof,
Amendment 4 #
2020/2048(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to 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,
Amendment 15 #
2020/2048(INI)
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should fully respect the Charter of Fundamental Rights, notably Articles 2, 6, 7 and 8 of the Charterthereof, and be necessary for and proportionate to the fulfilment of Europol’s tasks;
Amendment 23 #
2020/2048(INI)
Motion for a resolution
Recital E
Recital E
Amendment 30 #
2020/2048(INI)
Motion for a resolution
Recital F
Recital F
Amendment 39 #
2020/2048(INI)
Motion for a resolution
Recital H
Recital H
H. whereas in the light of the 2019 Christchurch lone gunmanterrorist attack, future cooperation formalised under the agreement between the EU and New Zealand could be essential for prevention and prosecution should other serious crimes and terrorist attacks be planned or perpetrated within the EU or worldwide;
Amendment 52 #
2020/2048(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that, since Europol recognises that the terrorist threat level from returning foreign freedom fighters, radicalised European Muslims and their families is high, it is essential for information exchange by all relevant law enforcement agencies, within the EU and globally, to be prioritised in order to fight serious crime and terrorism; therefore urges the Member States to work faster to secure their bordersremains high, it is necessary to negotiate this international agreement on the modalities of transfer of personal data in order to fight serious crime and terrorism;
Amendment 57 #
2020/2048(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Requestires that the agreement contain all the necessary safeguards and controls with respect to the protection of personal data;
Amendment 62 #
2020/2048(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is of the opinion that, in line with the principle of purpose limitation, the future agreement should explicitly lay down a list of criminal offences in relation to which personal data can be exchanged; coinsidersts that this list should include the activities covered by such crime transferred personal data should be related to individual cases, and the persons, groups and organisations likely to be affected by such transfersat the principle of specificity is fully incorporated;
Amendment 66 #
2020/2048(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Insists that the agreement contain a clear and precise provision setting out the retention period for personal data that have been transferred and requiring the data to be erased at the end of that period; underlines the necessity for the Agreement to contain provisions on a periodic review of the retention periods and any further need to store data, as well as mechanisms to ensure the full deletion of transferred data from the recipients’ systems when it has been deleted from the senders’ systems; requests that robust procedural measures be set out in the agreement to ensure compliance; insists that, in those exceptional cases, where there are duly justified reasons to store data for an extended period, past the end of the data retention period, these reasons and the accompanying documentation be communicated to Europol and the EDPS;
Amendment 68 #
2020/2048(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines the need for clear and detailed rules regarding the information to be provided to data subjects, including information about the applicable regime for EU data subjects to exercise their rights of access, rectification and erasure in New Zealand;
Amendment 24 #
2020/2012(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that any ethical framework shouldthere is a difference between ethics and law and the role they play in our societies; any framework of ethical principles for the development, deployment and use of Artificial Intelligence (AI), robotics and related technologies should complement the EU Charter of Fundamental Rights and thereby seek to respect human dignity and autonomy, prevent harm, promote fairness, and transparency, respect the principle of explicability of technologies; and guarantee that the technologies are there to serve people, with the ultimate aim of increasing human well-being for everybody;
Amendment 39 #
2020/2012(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. SHighlights the power asymmetry between those who employ AI technologies and those who interact and are subject to them; in this context stresses the importance of developing an “ethics-by-default and by design” framework which fully respect the Charter of Fundamental Rights of the European Union, Union law and the Treaties;
Amendment 44 #
2020/2012(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the current Union legalislative framework will need to be updaon protection of privacy and personal data fully applies to AI, robotics and related technologies, however could benefit from being supplemented with guidingrobust ethical principlguidelines; points out that, where it would be premature to adopt legal acts, a soft law framework should be used;
Amendment 66 #
2020/2012(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Promotes a European Agency for Artificial Intelligence, which ensures a European coordination of AI standards and regulations; this centralized agency develops common criteria for a European certificate of ethical compliance, which also takes the data used for algorithmic processes into account;
Amendment 68 #
2020/2012(INL)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Promotes Corporate Digital Responsibility on a voluntary basis; the EU should support corporations, who by choice use digital technologies and AI ethically within their companies; the EU should encourage corporations to become proactive by establishing a platform for companies to share their experiences with ethical digitalization, as well as coordinating the actions and strategies of participating companies;
Amendment 76 #
2020/2012(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the protection of networks of interconnected AI and robotics mustis important, and strong measures must be taken to prevent security breaches, cyber- attacks and the misuse of personal data;
Amendment 78 #
2020/2012(INL)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for a comprehensive risk assessment of AI, robotics and related technologies in addition to the impact assessment provided by Article 35 GDPR (Article 27 of Directive (EU) 2016/680 and Article 39 of Regulation (EU) 2018/1725); the more impact an algorithm has, the more transparency, auditability, accountability and regulation is needed; where an algorithmic decision leads to a limitation of fundamental rights, there needs to be a very robust assessment in place; in highly critical fields - when health, freedom or human autonomy are directly endangered - the implementation of AI should be prohibited;
Amendment 91 #
2020/2012(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that AI and robotic technology are used more and more in the area of law enforcement and border control could enhance public safety and security; stresses that its use must respect the principles of proportionality and necessity; , often with adverse effects on individuals when it comes to their rights to privacy, data protection and non- discrimination; stresses that the deployment and use of these technologies must respect the principles of proportionality and necessity, the Charter of Fundamental Rights, in particular the rights to data protection, privacy and non- discrimination, as well as the relevant secondary Union law such as EU data protection rules;
Amendment 98 #
2020/2012(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that AI and robotics are not immune from making mistakes and can easily have inherent bias; notes that biases can be inherent in the underlying datasets, especially when historical data is being used, introduced by the developers of the algorithms, or generated when the systems are implemented in the real world setting; considers the need for legislators to reflect upon the complex issue of liability in the context of criminal justice.
Amendment 12 #
2020/2009(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the Commission Communication of 20 June 2020 entitled "Tackling COVID-19 disinformation - Getting the facts right";
Amendment 26 #
2020/2009(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
— having regard to its resolution of 11 September 2018 on measures to prevent and combat mobbing and sexual harassment at workplace, in public spaces, and political life in the EU9a, _________________ 9a Texts adopted, P8_TA(2018)0331.
Amendment 27 #
2020/2009(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
— having regard to its resolution of 28 November 2019 on the EU’s accession to the Istanbul Convention and other measures to combat gender-based violence10a, _________________ 10a Texts adopted, P9_TA(2019)0080.
Amendment 49 #
2020/2009(INI)
Motion for a resolution
Recital C
Recital C
C. whereas according to the 2020 World Press Freedom Index, the COVID- 19 pandemic has highlighted and amplified many other crises that threaten the right to freely reported, independent, diversereveals a wide range of discrepancy between the individual Member States varying from second place in the world ranking given to Finland up to one hundred and reliable informationeventh place given to Bulgaria;
Amendment 52 #
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 COVID- 19 pandemic has highlighted and amplified many other crises that threaten the right to freely reported, independent, diverse and reliable information;
Amendment 54 #
2020/2009(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas recent years show a growing pattern of intimidation to silence journalists that requires urgent actions to uphold the essential role of the independent media in ensuring the principles of rule of law;
Amendment 55 #
2020/2009(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the transparency of the media ownership is an absolute precondition for ensuring media pluralism and independent journalism;
Amendment 69 #
2020/2009(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas strengthening media freedom requires credible and detailed information on the scope and the nature of the challenges within the Member States and the EU as a whole, including on individual cases of violation of the principles of the independent media or infringements of fundamental rights of journalist;
Amendment 73 #
2020/2009(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the rights of the journalists to report and investigate needs to be further enhanced and effectively protected;
Amendment 88 #
2020/2009(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the phenomenon of cyber violence (including online hate speech, cyberstalking, online harassment) is becoming more widespread and whereas women who have a public role, among others politicians, journalists and activists fighting for women's rights and rights of sexual minorities are becoming a prime target for cyberbullying and online violence;
Amendment 122 #
2020/2009(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
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; 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; urges the Commission and Member States to develop and maintain credible framework of protections of media freedom and media pluralism; highlights the need of a fully-fledged EU mechanism on media freedom, beyond the framework of the new Rule of Law mechanism, which should introduce clear standards and benchmarks at EU level as well as incentives for higher convergence between the individual Member States, including through legislation, if necessary.
Amendment 149 #
2020/2009(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to monitor and collect information and statistics on media freedom and pluralism within all Member States, and to analyse closely cases of the infringement of the fundamental rights of journalists;
Amendment 155 #
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 public figures and representatives of the authorities to refrain from denigrating journalists as this undermines trust in the media across society; underlines the important role of journalists in reporting on protests and demonstrations and calls for their protection from both the protesters and law enforcement in order that they can carry out their role without fear; asks Member `states to provide specific training programmes for law enforcement who are responsible for fulfilling state obligations of the protection of journalists, 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 women journalists are especially vulnerable to harassment and intimidation and therefore should be subject to additional safeguards;
Amendment 160 #
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 a legislative proposals to prevent so-called ‘tackle 'Strategic Lawsuits Against Public Participation’ (SLAPP); and to establish a Union-wide minimum standard of protection and sanctions against abusive lawsuits.
Amendment 167 #
2020/2009(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reaffirms that anonymity and encryption are essential tools for the exercise of democratic rights and freedoms, and for protecting the confidentiality of sources in journalism
Amendment 168 #
2020/2009(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 174 #
2020/2009(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that excessive concentration of the content-producing and content-distributing sectors may threaten citizens’ access to a range of content; underlines that media pluralism, which depends on the existence of a diversity of media ownership and of content as well as independent journalism, is key to challenging the spread of disinformation and ensuring that EU citizens are well- informed; condemns any attempt to monopolize the media ownership in the Member States as well as to exert political interference in media management; urges the Commission and the Member States to act quickly and resolutely to increase the transparency of the media ownership and the financial sources used by media owners as well as to fight more efficiently irregular or covert funding practices which threaten per se the independence, credibility and sustainability of the media sector and affects the freedom of expression;
Amendment 194 #
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; 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 independent journalists and media outlets, freelancers and self-employed media workers; highlights that investigative journalism as key for the critical thinking and for ensuring transparency and checks on the work of politicians and invites the Commission to propose a dedicated financial instrument providing financial support explicitly for investigative journalism
Amendment 220 #
2020/2009(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Reiterates its call on the Commission to address the emerging forms of gender-based violence such as cyberstalking and online harassment;
Amendment 221 #
2020/2009(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Reiterates its call on the Commission and on the Council to activate the ‘passerelle clause’ enshrined in Article 83(1) of the TFEU in order to include violence against women and girls and other forms of gender-based violence (including cyber violence) in the catalogue of EU-recognised crimes;
Amendment 223 #
2020/2009(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes note of the Code of Conduct on Countering Illegal Hate Speech Online, promoted by the Commission, and of its fourifth evaluation round, from which it emerges that IT companies are remov71% of the content deemed to be illegal hate speech was removed; highlights the wide marging on average 72 % of the illegal hate speech notified to themf discretion left to private companies to determine what is illegal; Stresses the necessity to have all companies that run platforms to be part of the code of conduct;;
Amendment 229 #
2020/2009(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission and the Member States to take measures to increase women's security in public space and on the internet, and to introduce comprehensive mechanisms to assist victims of cyberbullying (including in particular cyberstalking and online harassment);
Amendment 243 #
2020/2009(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
Amendment 272 #
2020/2009(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on Member States to increase their efforts to strengthen media literacy across education to help citizens identify disinformation;
Amendment 286 #
2020/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on social media companies and online platforms to make available tools to enable users to report and flag potential disinformation in order to facilitate prompt rectification and to allow for review by independent and impartial third party fact checking organisations;
Amendment 76 #
2020/0365(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to ensure that all relevant entities are subject to those requirements and to reduce divergences in this respect, it is important to lay down harmonised rules allowing for a consistent identification of critical entities across the Union, while also allowing Member States to reflect national specificities. Therefore, common criteria to identify critical entities, based on minimum indicators and methodologies for each sector and sub-sector, should be laid down. In the interest of effectiveness, efficiency, consistency and legal certainty, appropriate rules should also be set on notification and cooperation relating to, as well as the legal consequences of, such identification. In order to enable the Commission to assess the correct application of this Directive, Member States should submit to the Commission, in a manner that is as detailed and specific as possible, relevant information and, in any event, the list of essential services, the number of critical entities identified for each sector and subsector referred to in the Annex and the essential service or services that each entity provides and any thresholds applied.
Amendment 86 #
2020/0365(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Member States should support critical entities in strengthening their resilience, in compliance with their obligations under this Directive, without prejudice to the entities’ own legal responsibility to ensure such compliance. Member States could in particular provide financial resources, develop guidance materials and methodologies, support the organisation of exercises to test their resilience and provide training to personnel of critical entities. Moreover, given the interdependencies between entities and sectors, Member States should establish information sharing tools to support voluntary information sharing between critical entities, without prejudice to the application of competition rules laid down in the Treaty on the Functioning of the European Union.
Amendment 88 #
2020/0365(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to be able to ensure their resilience, critical entities should have a comprehensive understanding of all relevant risks to which they are exposed and analyse those risks. To that aim, they should carry out risks assessments, whenever necessary in view of their particular circumstances and the evolution of those risks, yet in any event every four years. The risk assessments by critical entities should be based on the risk assessment carried out by Member States and on common specifications and methodologies established for each sector covered. They should include minimum indicators, in order to avoid further divergences between Member States, and contingency protocols.
Amendment 94 #
2020/0365(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The risk of employees of critical entities misusing for instance their access rights within the entity’s organisation to harm and cause damage is of increasing concern. That risk is exacerbated by the growing phenomenon of radicalisation leading to violent extremism and terrorism. It is therefore necessary to enable critical entities to request background checks on persons falling within specific categories of its personnel and to ensure that those requests are assessed expeditiously by the relevant authorities, in accordance with the applicable rules of Union and national law, including on the protection of personal data, in particular in full respect of Regulation (EU) 2016/679.
Amendment 96 #
2020/0365(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Critical entities should notify, as soon as reasonably possible under the given circumstances and in any case within 24 hours after having become aware of an incident, Member States’ competent authorities of incidents that significantly disrupt or have the potential to significantly disrupt their operations. Critical entities should also notify the users of their services of incidents, their consequences and, if possible, any safety measures or remedies that could be taken. The notification should allow the competent authorities to respond to the incidents rapidly and adequately and to have a comprehensive overview of the overall risks that critical entities face. For that purpose, a procedure should be established for the notification of certain incidents and parameters should be provided for to determine when the actual or potential disruption is significant and the incidents should thus be notified. Given the potential cross-border impacts of such disruptions, a procedure should be established for Member States to inform other affected Member States via single points of contacts.
Amendment 113 #
2020/0365(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) “resilience” means the ability to prevent, resist, mitigate, manage, absorb, accommodate to and recover from an incident that disrupts or has the potential to disrupt the operations of a critical entity;
Amendment 114 #
2020/0365(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) “incident” means any event having the potential to disrupt, or that disrupts,which results in a disruption of essential services or the destruction of essential infrastructure and has a significant cross- sectoral or cross-border effect on the delivery of essential services in one or more Member States as a result of the failure to maintain the operations of thea critical entity;
Amendment 117 #
2020/0365(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) “essential service” means a service which is essential for the wellbeing of the people and for the maintenance of vital societal functions or economic activities, public safety, protecting the environment or the rule of law;
Amendment 123 #
2020/0365(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) “risk assessment” means a methodology to determine the nature and extent of a risk by analysingssessing the extent of potential threats and hazards and evaluatgainst the resilience of a critical entity, analysing existing conditions of vulnerability that could facilitate the disrupt theion of operations of the critical entity and evaluating the potential adverse effect the disruption of operations could have on the provision of essential services.
Amendment 138 #
2020/0365(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
1. Competent authorities designated pursuant to Article 8 shall establish a list of essential services in the sectors referred to in the Annex. They shall carry out by [three years after entry into force of this Directive], and subsequently where necessary, and at least every four years, an assessment, based on common specifications and methodologies containing specific indicators established for each sector covered, of all relevant risks that may affect the provision of those essential services, with a view to identifying critical entities in accordance with Article 5(1), and assisting those critical entities to take measures pursuant to Article 11. The assessments shall include a minimum number of indicators, in order to avoid divergences between Member States.
Amendment 148 #
2020/0365(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. By [three years and three months after entry into force of this Directive] Member States shall identify for each sector and subsector referred to in the Annex, other than points 3, 4 and 8 thereof, the critical entities, when applicable.
Amendment 155 #
2020/0365(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. For the purposes of Chapter IV, Member States shall ensure that critical entities, following the notification referred in paragraph 3, provide information to their competent authorities designated pursuant to Article 8 of this Directive on whether they provide essential services to or in more than one third ofthree Member States. Where that is so, the Member State concerned shall notify, without undue delay, to the Commission the identity of those critical entities.
Amendment 179 #
2020/0365(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Each Member State shall, within the competent authority, designate a single point of contact to exercise a liaison function to ensure cross-border cooperation with competent authorities of other Member States, with the Commission and with the Critical Entities Resilience Group referred to in Article 16 (‘single point of contact’).
Amendment 192 #
2020/0365(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall support critical entities, including financially, in order to enhancinge their resilience. That support may include developing guidance materials and methodologies, supporting the organisation of exercises to test their resilience and providing training to personnel of critical entities.
Amendment 196 #
2020/0365(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that critical entities assess within sixtwelve months after receiving the notification referred to in Article 5(3), and subsequently where necessary and at least every four years, on the basis of Member States’ risk assessments and other relevant sources of information, all relevant risks that may disrupt their operations.
Amendment 202 #
2020/0365(COD)
Proposal for a directive
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
(e) ensure adequate employeestaff security management, including by setting out categories of personnel exercising critical functions, in compliance with applicable training requirements and qualifications, establishing access rights to sensitive areas, facilities and other infrastructure, and to sensitive information as well as identifying specific categories of personnel in view of Article 12;
Amendment 215 #
2020/0365(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that critical entities may submit requests for background checks on persons who fall within certain specific categories of their personnel, including persons being considered for recruitment to positions falling within those categories, and that those requests are assessed expeditiously by the authorities competent to carry out such background checks. The background checks shall be proportionate and strictly limited to what is necessary and relevant for the fulfilment of the duties of the concerned personnel.
Amendment 220 #
2020/0365(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that critical entities notify without undue delay the competent authority of incidents that significantly disrupt or have the potential to significantly disrupt their operations. An initial notification shall be submitted within 24 hours after having become aware of the incident, followed by a final detailed report not later than one month thereafter. Notifications shall include any available information necessary to enable the competent authority to understand the nature, cause and possible consequences of the incident, including so as to determine any cross-border impact of the incident. Such notification shall not make the critical entities subject to increased liability.
Amendment 230 #
2020/0365(COD)
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. The competent authority concerned shall inform the public of the incident, or require the critical entity to inform the public, where the competent authority determines that it would be in the public interest to disclose the incident.
Amendment 231 #
2020/0365(COD)
Proposal for a directive
Article 13 – paragraph 3 b (new)
Article 13 – paragraph 3 b (new)
3b. Member States shall ensure that, in the event of a particular and significant threat of an incident concerning the critical entities, the critical entities inform those users of their services that could be affected by the incident or by the disruption of the services as its consequence and, where relevant, of any possible safety measures or remedies which the users could take.
Amendment 232 #
2020/0365(COD)
Proposal for a directive
Article 13 – paragraph 3 c (new)
Article 13 – paragraph 3 c (new)
3c. Once a year, the competent authority concerned shall submit a summary report to the Commission and to the Critical Entities Resilience Group on the notifications received and the action taken in accordance with this Article.
Amendment 234 #
2020/0365(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. An entity shall be considered a critical entity of particular European significance when it has been identified as a critical entity and it provides essential services to or in more than one third ofthree Member States and has been notified as such to the Commission pursuant to Article 5(1) and (6), respectively.
Amendment 243 #
2020/0365(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Upon request of one or more Member States, or at its own initiative, and in agreement withafter informing the Member State where the infrastructure of the critical entity of particular European significance is located, the Commission shall organise an advisory mission to assess the measures that that entity put in place to meet its obligations pursuant to Chapter III. Where needed, the advisory missions may request specific expertise in the area of disaster risk management through the Emergency Response Coordination Centre.
Amendment 249 #
2020/0365(COD)
Proposal for a directive
Article 15 – paragraph 4 – subparagraph 2
Article 15 – paragraph 4 – subparagraph 2
The Commission shall organise the programme of an advisory mission, in consultation with the members of the specific advisory mission and in agreement with the Member State where the infrastructure of the critical entity or the critical entity of European significance concerned is located.
Amendment 256 #
2020/0365(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
2. The Critical Entities Resilience Group shall be composed of representatives of the Member States and, the Commission and the European Parliament. Where relevant for the performance of its tasks, the Critical Entities Resilience Group mayshall invite representatives of interested parthe relevant entities to participate in its work.
Amendment 267 #
2020/0365(COD)
5. Health — Healthcare providers referred to in point (g) of Article 3 of Directive 2011/24/EU19 — EU reference laboratories referred to in Article 15 of Regulation [XX] on serious cross borders threats to health — Entities carrying out research and development activities of medicinal products referred to in Article 1 point 2 of Directive 2001/83/EC — Entities manufacturing basic pharmaceutical products and pharmaceutical preparations referred to in section C division 21 of NACE Rev. 2 — Entities manufacturing medical devices considered as critical during a public health emergency (‘the public health emergency critical devices list’) referred to in Article 20 of Regulation XXXX — Entities holding a distribution authorisation referred to in Article 79 of Directive 2001/83/EC
Amendment 187 #
2020/0279(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management and towards relations with relevant third countries, recognising that the effectiveness of such an approach depends on all components being jointly addressed and in an integrated manner.
Amendment 193 #
2020/0279(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to return illegally staying third-country nationals, to prevent irregular migration and unauthorised movements between thempromoting safe and legal pathways, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.
Amendment 201 #
2020/0279(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair and dignified treatment of third- country nationals residing legallyand the respect of their human rights in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling. irregular migration, migrant smuggling and trafficking, through the development of legal pathways. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons, as well as persons granted immediate protection.
Amendment 212 #
2020/0279(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of persons in need of international protection and those who are not and in recognition that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole. To ensure that Member States have the necessary tools to effectively manage this challenge in addition to applicants for international protection, irregular migrants should also fall within the scope of this Regulation. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons as well as persons granted immediate protection.
Amendment 258 #
2020/0279(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should alwayso be able to rely on the use of the ‘solidarity pool’ for the relocation of vulnerable personsbinding solidarity contributions foreseen in Article 45 and, if under migratory pressure, on those provided for in Article 51 (3).
Amendment 266 #
2020/0279(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to effectively manage the Union's external border, an independent border monitoring mechanism should be set up in view of ensuring its compliance with the European Convention on Human Rights, the EU Charter of Fundamental Rights, as well as the EU and International law.
Amendment 268 #
2020/0279(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 279 #
2020/0279(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 295 #
2020/0279(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a binding solidarity mechanism should be established which is effective and ensures that applicants have swift acces, upon arrival and disembarkation, including following search and rescue activities and operations, should be established in order to ensure effective and swift access of applicants to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member Statetrue solidarity as enshrined in Article 80 of the TFEU, among Member States, with third countries, and towards those seeking asylum according to the procedure foreseen in Article 14 and 45 of this Regulation.
Amendment 322 #
2020/0279(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specificn effective processdure applicable to people disembarked following those operations irrespective of whether there is a situation of migratory pressure.
Amendment 330 #
2020/0279(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Management Report should set out the short-term projections of disembarkations anticipated for such operations and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measures (‘the solidarity pool’) with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure or measures in the field of strengthening of capacity in the field of asylum, reception and return, or operational support, or measures in the external dimension.
Amendment 335 #
2020/0279(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In view of coordinating and optimising all relocation efforts, an EU Relocation Coordinator, to be appointed by the Commission, should assist and supervise the relocation coordination of applicants and beneficiaries found eligible for relocation. The EU Relocation Coordinator should endeavour to prioritise vulnerable persons, in particular unaccompanied minors in the relocation and transfers. The EU Relocation Coordinator should, in cooperation with the Commission and the Asylum Agency, also promote coherent working methods, for the verification of any meaningful links that the persons eligible for relocation might have with Member States of relocation.
Amendment 342 #
2020/0279(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to provide a timely response to the specific situation following disembarkations from search and rescue operations, the Commission, and the EU Relocation Coordinator, with the assistance of Union Agencies, should facilitate the swift relocation and transfer of eligible applicants for international protection who are not in the border procedure. Under the , accoordination of the Commission, the European Union Asylum Agency and the European Border and Coast Guard Agency should draw up the list of eligible persons to be relocated indicating the distribution of those persons among the contributing Member Statesg to Article 14.
Amendment 358 #
2020/0279(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 365 #
2020/0279(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Where no meaningful links can be established, the share of solidarity contribution for each Member State shall follow the size of the population, the total GDP and its unemployment rate, according to the latest available Eurostat data.
Amendment 369 #
2020/0279(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 381 #
2020/0279(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) TheA specific solidarity mechanism should also address the situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed towhere one or more Member States, in particular, due to their geographical location and a constant level of arrivals, including after disembarkation and search and rescue activities and operations are under migratory pressure. For this purpose, the Commission should adopt a report identifying whether a Member State is under migratory pressure and setting out the measures that could support that Member State in addressing the situation of migratory pressure.
Amendment 392 #
2020/0279(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative and quantitative assessment, should take account of a broad range of factors, including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countriesvulnerabilities of asylum applicants and migrants, irregular border crossings, the capacity of a Member State in managing its asylum and reception caseload. The solidarity response should be designed on a case-by-case basis in order to be tailor- made to the needs of the Member State in question.
Amendment 404 #
2020/0279(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 410 #
2020/0279(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 424 #
2020/0279(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 436 #
2020/0279(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 454 #
2020/0279(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to ensure a comprehensive and effective solidarity response and in order to give clarity to Member States receiving support, the Commission should adopt an implementing act specifying the contributions to be made by each Member State. Such contributions should always be based on the type of contributions indicated by the Member State concerned in the solidarity response plan, except where that Member State failed to submit one. In such cases, the measures set out in the implementing act for the Member State concerned should be determined by the Commission.
Amendment 460 #
2020/0279(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 465 #
2020/0279(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 477 #
2020/0279(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non- refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, all respectings long as they respect human rights and the principle of non- refoulement, are considered as safe countries for third- country nationals.
Amendment 484 #
2020/0279(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System40 . That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection, namely meaningful links. _________________ 40As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.
Amendment 497 #
2020/0279(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) This Regulation should be based on the principles underlying Regulation (EU) No 604/2013 of the European Parliament and of the Council41 while developingand the principle of solidarity and fair sharing of responsibility as part of the common framework, in line with Article 80 of TFEU. To that end, athe new solidarity mechanism should enable a strengthened preparedness of Member States to manage migration, to address situations where Member States are faced with migratory pressure and to facilitate regular solidarity support among Member States. _________________ 41Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, OJ L 180, 29.6.2013, p. 31.
Amendment 503 #
2020/0279(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 510 #
2020/0279(COD)
Proposal for a regulation
Recital 38
Recital 38
Amendment 537 #
2020/0279(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background and should follow an independent evaluation of his or her best interest by the relevant child protection authorities. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.
Amendment 554 #
2020/0279(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) In order to prevent that persons who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first registered does not apply the responsibilty criteria or the benefitting Member State does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a danger to national security or public order.
Amendment 569 #
2020/0279(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant, grandparent or grandparents of the applicant. Reuniting siblingsfamily is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the EU.
Amendment 574 #
2020/0279(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage unauthorisedonwards movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor’s application for international protection was first registered, unless it is demonstrated that this would notminor is present, unless it is assessed not to be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and. For unaccompanied minors, in particular, the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled, as well as prompt access for free legal assistance. When considering or implementing the transfer of a minor, Member States should promote and facilitate the continuity and stability of the support and assistance provided to a minor. Member states should promote and facilitate transnational cooperation between these actors, including sharing of information about the minor, with the informed consent of the minor. Any decision to transfer an unaccompanied minor should be preceded by an individual assessment of his or her best interests by staff with the necessary qualifications and expertise.
Amendment 600 #
2020/0279(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Considering that a Member State should remain responsible for a person who has irregularly entered its territory, it is also necessary to include the situation when the person enters the territory following a search and rescue operation. A derogation from this responsibility criterion should be laid down for the situation where a Member State has relocated persons having crossed the external border of another Member State irregularly or, until the responsibility of another Member state has been determined, for a person who has irregularly entered its territory by land, air and sea, including after disembarkation and following a search and rescue operation. In such a situation, the Member State of relocation should be responsibile if the person applies for international protections and activities.
Amendment 605 #
2020/0279(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Any Member State should be able to derogate from the responsibility criteria in particular on humanitarian and compassionate grounds, in order to bring together family members, relatives or any other family relations and examine an application for international protection registered with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.
Amendment 611 #
2020/0279(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements betweenthe Member State and the competent authorities of the Member Sstates, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obassisted by the Asylum Agency, shall ensure as soon as possible that the third country national or stateless person who intends to make an appligcations should lead to appropriate and propor to internationatel procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are coveredtection fully cooperates in matters covered by this Regulation, informing him or her of his or her rights and obligations.
Amendment 622 #
2020/0279(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) In order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another Member State, rules allowing for cessation or shift of responsibility where the person leaves the territory of the Member States for at least three months during examination of the application or absconds to evade a transfer to the Member State responsible for more than 18 months should be deleted. The shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying Member State should also be removed in order to discourage circumventing the rules and obstruction of procedure. In situations where a person has entered a Member State irregularly without applying for asylum, the period after which the responsibility of that Member State ceases and another Member State where that person subsequently applies becomes responsible should be extended, to further incentivise persons to comply with the rules and apply in the first Member State of entry and hence limit unauthorisedonwards movements and increase the overall efficiency of the CEAS.
Amendment 634 #
2020/0279(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon.
Amendment 640 #
2020/0279(COD)
Proposal for a regulation
Recital 58
Recital 58
Amendment 656 #
2020/0279(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) Minors and unaccompanied minors shall never be detained. The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation.
Amendment 745 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) establishes a sustainable mechanism for solidarity as enshrined in Article 80 of the TFEU;
Amendment 766 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned, irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], including a person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration], and individuals awaiting an appeal decision;
Amendment 780 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – introductory part
Article 2 – paragraph 1 – point g – introductory part
(g) ‘family members’ means, insofar as the family already existed before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s or beneficiaries' family who are present on the territory of the Member States:
Amendment 784 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point i
Article 2 – paragraph 1 – point g – point i
(i) the spousepartner of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals,beneficiary;
Amendment 791 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point ii
Article 2 – paragraph 1 – point g – point ii
(ii) the minor children of couplepartners referred to in the first indent or of the applicant, on condition that they are unmarriedr beneficiary, and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 797 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
Article 2 – paragraph 1 – point g – point iii
(iii) where the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 801 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iv
Article 2 – paragraph 1 – point g – point iv
(iv) where the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the adult or beneficiary of international protection is present,
Amendment 810 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v
Article 2 – paragraph 1 – point g – point v
(v) the sibling or siblings, and the grandparent or grandparents of the applicant or beneficiary;
Amendment 815 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘relative’ means the applicant’s adult aunt or uncle, or grandparentcousin who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
Amendment 827 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘representativeguardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary;
Amendment 831 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
(ma) “Meaningful links” means any of the following: the possession of a diploma or qualification, the lawful presence of relatives, being beneficiary of a sponsorship, strong linguistic and cultural ties, previous legal stays or residence;
Amendment 847 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
(q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria clearly defined by national law to believe that an applicant who is subject to a transfer procedure may absconlaw in the light of specific circumstances of the persons involved;
Amendment 853 #
2020/0279(COD)
(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity measures in situations of migratory pressure or for, including following disembarkations following and search and rescue activities and operations as set out in Chapters I-III of Part IV of this Regulation;
Amendment 861 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point t
Article 2 – paragraph 1 – point t
Amendment 869 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u
Article 2 – paragraph 1 – point u
(u) ‘relocation’ means the transfer of a third-country national or a stateless person, or a beneficiary of international protection from the territory of a benefitting Member State to the territory of a contributing Member State;
Amendment 870 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)
Article 2 – paragraph 1 – point u a (new)
(ua) the EU Relocation Coordinator is the person appointed by the Commission and defined in Article 13a of this Regulation and Article 2 (f) of the Crisis Regulation
Amendment 874 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point v
Article 2 – paragraph 1 – point v
(v) ‘search and rescue operations’ means operations of search and rescue activities as referred to in the 1979 International Convention on Maritime Search and Rescue adopted in Hamburg, Germany on 27 April 1979; , and operations as referred to in Article 10 of Regulation (EU) 656/20141a; _________________ 1aRegulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.
Amendment 882 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
(w) ‘migratory pressure’ means a situation where there is a large numberone or more Member States face a constant level of arrivals of third- country nationals or stateless persons, or a risk of such arrivals, including where this stems from arrivals following search and rescue operations, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a burden ev, including due to disembarkation in the context of search and rescue operations, which would undermine the efficient functioning of the procedures foreseen oin well-prepared asylum and reception systems and requires immediate acArticle 14 and 45 of this Regulation;
Amendment 892 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point z
Article 2 – paragraph 1 – point z
(z) ‘return decision’ means an administrative or judicial decision or act stating or declaring the stay of a third- country national to be illegalrregular and imposing or stating an obligation to return that respectspursuant to Directive 2008/115/EC of the European Parliament and of the Council54 ; _________________ 54 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.
Amendment 894 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point aa
Article 2 – paragraph 1 – point aa
(aa) ‘illegalrregularly staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in a Member State.
Amendment 913 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 927 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
Amendment 933 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 945 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) effective management of the Union’s external borders, based on the European integrated border managthrough the creation and development of an adequately resourced independent monitoring mechanism in line with Article 18 and 19 of the Charter of Fundamental Rights and the principle of non-refoulement;
Amendment 965 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity, as enshrined in Article 80 the TFEU;
Amendment 976 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
Amendment 985 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
Amendment 991 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
Amendment 1023 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility, as enshrined in Article 80 of the TFEU, and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies. Member States shall:
Amendment 1034 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international and national protection procedures, grant such protection to those who are in need and ensure the dignified return tof those who are illegalrregularly staying;
Amendment 1047 #
2020/0279(COD)
(b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smugglingto ensure genuine and effective access to means of legal entry in cooperation with relevant third countries;
Amendment 1056 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) provide and invest in adequate reception conditions, including measures to protect those with special needs;
Amendment 1061 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III, Chapter I of Part IV;
Amendment 1071 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
Amendment 1106 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) relevant reports and analyses from Union agencies, including the Fundamental Rights Agency;
Amendment 1108 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
Amendment 1111 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d a (new)
Article 6 – paragraph 2 – point d a (new)
Amendment 1135 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Commission shall monitor and provide information on the migratory situation through regular situational reports based on good quality data and information provided by Member States, the External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, Europol and the Fundamental Rights Agency and notably the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and its Network, and reports provided by the organizations in Article 6 (2) (da).
Amendment 1140 #
2020/0279(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 1185 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in whichresponsible for examining the application for international protection was registered shall be responsible for examining itshall be determined in accordance with the procedure laid down in Article 45.
Amendment 1200 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Where a Member State cannot carry out the transfer pursuant to the first subparagraph to any Member State designated on the basis of the criteria set out in Chapter II of Part III or of the procedure laid down in Chapter I of Part IV, or to the first Member State with which the application was registered, that Member State shall become the Member State responsible.
Amendment 1204 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 1216 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The Member State in which the applicant or a beneficiary of international protection is present shall, however, ensure that the designation of the Member State responsible does not worsen a situation where the fundamental rights of that applicant have been infringed by using a procedure for determining the Member State responsible which takes an unreasonable length of time. If necessary, that Member State must itself examine the application in accordance with the procedure laid down in Article25.
Amendment 1219 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 1223 #
2020/0279(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 1254 #
2020/0279(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 1272 #
Amendment 1273 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
-1. As soon as possible the Member State and the competent authorities of the Member State, assisted by the Asylum Agency, shall ensure that the third country national or stateless person, who intends to make an application to international protection, fully cooperates in matters covered by this Regulation, by informing him or her:
Amendment 1274 #
Amendment 1285 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
Amendment 1292 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) of the objectives of this Regulation, the criteria and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration, including the specific criteria applied by Member states requested or notified in the individual case;
Amendment 1299 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) of the aim of the personal interview pursuant to Article 12 and the obligation to submit and substantiate orally or through the provision of documents information as soon as possible in the procedure any relevant information that could help to establish the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such information, as well as any assistance that the Member State can offer with regard to the tracing of family members or relatives;
Amendment 1300 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d a (new)
Article 11 – paragraph 1 – point d a (new)
(da) the applicant shall be informed that his or her absconding may prejudice the conduct of the interview and that, in any case, he or she has the right to ask for the interview to be conducted;
Amendment 1302 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
(e) of the obligation for the applicant to disclose, as soon as possible in the procedure any relevant information that could help to establish any prior residence permits, visas or educational diplomas;. The competent authorities shall take into account the elements and information relevant for determining the Member state responsible submitted at any stage of the procedure, provided they have been submitted before the final decision determining the Member State responsible. In the period between the final decision and the actual transfer to a designated Member State, other relevant elements provided by the applicant shall be taken into consideration if the delay in submitting them is due to justified reasons.
Amendment 1311 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) of the possibility to challenge a transfer decision within the time limit set out in Article 33(2) and of the fact that the scope of that challenge is limited as laid down in Article 33(1)existence of the rights to have an effective remedy with automatic suspensive effect before a Court or a Tribunal in accordance with Article 47 of the Charter of Fundamental Rights, including in a situation where no transfer decision is taken;
Amendment 1319 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point g
Article 11 – paragraph 1 – point g
(g) of the right to be granted, on request, legal and linguistic assistance free of charge at all stages of the procedure, where the person concerned cannot afford the costs involved;
Amendment 1323 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point g a (new)
Article 11 – paragraph 1 – point g a (new)
(ga) of the possibility under Article 25 to request the discretionary clause to be applied by any Member State from the Member State where they are present, as well as of the specific arrangements relating to the procedure;
Amendment 1328 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point k
Article 11 – paragraph 1 – point k
(k) in the case of an unaccompanied minor, of the role and responsibilities of the representativeguardian and of the procedure to file complaints against a representativeguardian in confidence and safety and in full respect of the child's right to be heard in this respect;
Amendment 1332 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point l
Article 11 – paragraph 1 – point l
Amendment 1336 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall be provided in writingthe mother tongue of the applicant or, if not possible, in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. . In both cases the information shall be provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. The information shall be provided in writing and orally, where appropriate with the support of multimedia equipment. Oral information may be given either in individual or group sessions and applicants shall have the possibility to ask questions about the procedural steps they are expected to follow with regard to the process of determining a Member State responsible in accordance with this Regulation. When the applicant is a minor, information shall be provided in a child-friendly manner, including in both written and oral forms by appropriately trained staff and with the involvement of the guardian, notably about the process to identify family members or relatives in accordance with Article 15 of this Regulation.
Amendment 1343 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 1350 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Asylum Agency shall, in close cooperation with the responsible national agencies, draw up common information material, as well as a specific leaflet for unaccompanied minors, containing at least the information referred to in paragraph 1. That common information material shall also include information regarding the application of Regulation (EU) XXX/XXX [Eurodac Regulation] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common information material shall be drawn up in such a manner as to enable Member States to complete it with additional Member State-specific information. The European Union Agency for Asylum shall create specific information material intended particularly for the following target groups: (a) adult applicants; (b) unaccompanied minors; (c) accompanied minors.
Amendment 1354 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. The competent authorities of the Member States shall keep the applicants informed of the progress of the procedures carried out under this Regulation with regard to their application. The information shall be provided in writing at regular intervals, at least every two weeks. In the case of minors, the competent authorities shall, in accordance with the same arrangements, inform both the minor and the parent or guardian. The Commission shall be empowered to adopt implementing acts to establish the arrangements for the provision of such information.
Amendment 1357 #
2020/0279(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 1358 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In order to facilitate the process of determining the Member State responsible, the determining Member Statecompetent authorities of the determining Member State, assisted by the Asylum Agency, shall conduct a personal interview with the applicant. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 11specific individual situation of the applicant and of the information he or she supplied in accordance with Article 11. The determining Member State shall proactively ask questions on all aspects of the claim that would allow for the determination of the Member States responsible. In any case, the presence of the legal representative of the applicant or of a representative of an institution for the protection and assistance of asylum seekers registered in the Member State shall be allowed at the interview.
Amendment 1364 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 1373 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The personal interview shall take place in a timely manner and, in any event, before any take charge request is made pursuant to Article 29 or take back request pursuant to Article 31.
Amendment 1379 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The personal interview shall be conducted in the mother tongue of the applicant or in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Interviews of unaccompanied minors shall be conducted in a child- friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the representativeguardian and, where applicable, the minor’s legal advisor. Where necessary, Member States shall have recourse to an interpreter, and where appropriate a cultural mediator, who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. The applicant may request to be interviewed and assisted by staff of the same sex.
Amendment 1390 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 5 a (new)
Article 12 – paragraph 5 a (new)
5a. The Member State shall ensure that there are appropriate standard operating procedures in place in order to ensure that appropriate protection measures are taken with respect to applicants at risk of being exploited for the purposes of trafficking in human beings or other organised crime activities.
Amendment 1394 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 1405 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Each Member State where an unaccompanied minor is presents shall ensure that he or she isminors are represented and assisted by a representativeguardian with respect to the relevant procedures provided for in this Regulation. The representativeguardian shall have the resources, qualifications, training and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors.minors, and shall inform the child accordingly about the procedure. The guardian shall be appointed as soon as possible but, at the latest, within two days after the arrival, and in any event prior to the collection of biometric data pursuant to Articles 10, 13 and 14a of Regulation (EU) XXX/XXX (Eurodac Regulation)
Amendment 1411 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Where an organisation is appointed as a representativeguardian, it shall designate a person responsible for carrying out its duties in respect of the minor. The first subparagraph shall apply to that person.
Amendment 1414 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
The representativeguardian provided for in the first subparagraph may be the same person or organisation as provided for in Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation].
Amendment 1416 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The representative of an unaccompanied minor shall bguardian shall represent the minvolvedor in the process of establishing the Member State responsible under this Regulation. T and any other representativeight recognized to the minor. The guardian shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose. , and with due regard to confidentiality obligations to the minor. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the progress in the procedures under this Regulation concerning him or her. The guardian shall have access to the content of the relevant documents in the minor's file including the specific information material for unaccompanied minors and the forms provided for in Article 6. Guardians shall receive regular training and support to undertake their tasks.
Amendment 1424 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular, take due account of the following factorsnon-exhaustive list of factors and rights of the child:
Amendment 1436 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) the minor’s well-being and social development, taking into particular consideration the minor’s backgroundethnic, religious, cultural and linguistic background and further having regard to the need for stability and continuity in care and custodial arrangements and access to health and education services;
Amendment 1449 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
Amendment 1451 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c a (new)
Article 13 – paragraph 4 – point c a (new)
(ca) situations of vulnerability, including psycho-physical trauma, specific health needs and disability;
Amendment 1458 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point d a (new)
Article 13 – paragraph 4 – point d a (new)
(da) the need for decisions concerning minors to be treated with priority;
Amendment 1459 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point d b (new)
Article 13 – paragraph 4 – point d b (new)
(db) In assessing the best interests of the minor, the minor's right to be heard must be guaranteed to every child capable of forming his or her own views.
Amendment 1461 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point e
Article 13 – paragraph 4 – point e
(e) where the applicant is an unaccompanied minor, the information provided by the representativeguardian in the Member State where the unaccompanied minor is present.
Amendment 1467 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall make surobtain guarantees assessed on the individual case that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay. Any decision to transfer an unaccompaniedor not transfer a minor shall be preceded by an individual and multidisciplinary assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. The assessment shall be done swiftly by multidisciplinary staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration. The multidisciplinary assessment shall involve competent staff with expertise in child protection and child psychology and development and shall also include, as a minimum, the minor’s guardian and legal advisor. Before the transfer of a minor, the receiving Member State shall appoint a guardian as soon as possible, but in any event within five working days of the confirmation of the transfer decision. The competent authorities shall communicate the information regarding the guardian appointed by the receiving Member State to the current guardian together with the arrangements for the transfer.
Amendment 1480 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1
Article 13 – paragraph 6 – subparagraph 1
To that end, that Member State may call for the assistance of international or other relevant organisations, and may facilitate the minor’s access to the tracing services of such organisations., as soon as possible after an application for international protection is made, whilst protecting his or her best interest. In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising their safety
Amendment 1484 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Article 13 – paragraph 6 – subparagraph 2
The staff of the competent authorities referred to in Article 41 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors, including training on rights of the child and child psychology and development. Such training shall also include modules on risk assessment to target care and protection depending on the individual needs of the minor, with a specific focus on early identification of victims of trafficking in human beings and of abuse, as well as training on good practices to prevent disappearance.
Amendment 1491 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. With a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor living in the territory of another Member State pursuant to paragraph 6, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1492 #
2020/0279(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 1494 #
2020/0279(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
Hierarchy of criteria upon arrival and disembarkation, including following search and rescue operations
Amendment 1497 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
Amendment 1500 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2b. That Member State, assisted by the Asylum Agency, shall arrange, upon arrival or after disembarkation, including following search and rescue operations and activities, for an interview with the applicant in order to identify his or her meaningful links with one or more member States including that of arrival. The applicant has the right to be informed and cooperate in line with article 11 of this Regulation.
Amendment 1501 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 c (new)
Article 14 – paragraph 2 c (new)
Amendment 1502 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 d (new)
Article 14 – paragraph 2 d (new)
2d. The Member State of entry, in cooperation with the Asylum Agency, shall inform the applicant of the determination and of the arrangements of the transfer to the Member State responsible for the examination, in accordance to Article 32 of this Regulation.
Amendment 1503 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2 e (new)
Article 14 – paragraph 2 e (new)
2e. If no meaningful links with a Member State are established or no criteria listed in this Chapter are applicable, the procedure established in Article 45 of this Regulation shall apply.
Amendment 1505 #
Amendment 1506 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph -1 (new)
Article 15 – paragraph -1 (new)
-1. Where a minor is accompanied by one parent, adult sibling or other adult who holds parental responsibility for the minor, whether by law or by the practice of that Member State, and one parent or other adult who holds parental responsibility for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the determination of the Member State responsible shall be based on the objective of prioritising family unity, taking into account the best interest of the child.
Amendment 1509 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, unlessif it is demonstrated that it is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member Statesin the best minor's best interest. Where the applicant is a minor, the Member State responsible shall be the Member State where the father, mother, grandparents or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.
Amendment 1518 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor’s application for international protection was first registered is present, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 1529 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and the exchange of information between Member States. The implementing acts shall promote the ability of the guardian and legal assistance provider to seek assistance in another State so as to gain information about the circumstances of reception and care arrangements in the other country or family reunion possibilities. This may involve contact with guardianship authority, information on access to legal assistance in the event of need to appeal. The implementing acts shall also promote and facilitate cooperation between guardians and legal assistance providers between States in the event a transfer of a minor is being contemplated or implemented, including providing for sharing of information about the minor, with the informed consent of the minor. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1534 #
2020/0279(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Family members who are beneficiaries of international protectionlegally reside in a Member state
Amendment 1536 #
2020/0279(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Where the applicant has a family member who has been allowed to reside as a beneficiary of international protection, regardless of whether the family was previously formed in the country of origin, who is legally residing in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 1541 #
2020/0279(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Where the applicant has a family member in a Member State whose application for international protection in that Member State has not yet been the subject of a first decision regarding the substance, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 1554 #
2020/0279(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the applicant is in possession of one or more residence documents or one or more visas which expired less than three years before the application was registered, paragraphs 1, 2 and 3 shall apply.
Amendment 1556 #
2020/0279(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Previous stays If the applicant has resided legally for at least two years in a Member state with a valid residence permit, the Member state shall be responsible for examining his or her application for international protection.
Amendment 1567 #
2020/0279(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 1582 #
2020/0279(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 1589 #
2020/0279(COD)
Proposal for a regulation
Article 23
Article 23
Application in an international transit Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, that Member State shall be responsible for examining the application.rticle 23 deleted area of an airport
Amendment 1597 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. Where, on account of pregnancy, having a new-born child, serious illness, severe disability, severe trauma or old age,trauma, old age, or other relevant psychological and/or physical vulnerabilities an applicant is dependentin need onf the assistance of his or her child or , sibling, parent, or grandparent legally resident in one of the Member States, or his or her child or , sibling, parent or grandparent legally resident in one of the Member States is dependentn need onf the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child or , sibling, parent, or grandparent, provided that family ties existed before the applicant arrived on the territory of the Member States, that the child or the child, sibling, parent or grandparent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing.
Amendment 1600 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Where there are indications that a child or , sibling, parent or grandparent is legally resident on the territory of the Member State where the dependent person is present, that Member State shall verify whether the child or , sibling, parent or grandparent can take care of the dependent person, before making a take charge request pursuant to Article 29.
Amendment 1607 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the child or , sibling, parent or grandparent referred to in paragraph 1 is legally resident in a Member State other than the one where the applicant is present, the Member State responsible shall be the one where the child or parent is legally resident unless the applicant’s health prevents him or her from travelling to that Member State for a significant period of time, sibling, parent or grandparent is legally resident . In such a case, the Member State responsible shall be the one where the applicant is present. Such Member State shall not be subject to the obligation to bring the child or , sibling, parent or grandparent of the applicant to its territory.
Amendment 1613 #
2020/0279(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Sponsorship 1. A Member State may provide the possibility that recognised organisations working in that Member State in the field of refugee protection programmes and prevention of trafficking in human beings become the sponsor of an applicant who has applied for international protection in the Union. The sponsoring organization shall arrange for the applicant's relocation and stay in the Member State until a final decision is taken on his or her application for international protection. 2. If the Member State in which the organization is established agrees to take charge of the applicant, it becomes the Member State responsible for examining the application for international protection.
Amendment 1615 #
2020/0279(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. By way of derogation from Article 8(1), each Member State may decide to examine an application for international protection by a third-country national or a stateless person registerlodged with it, even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 1618 #
2020/0279(COD)
Proposal for a regulation
Article 25 – paragraph 2 – introductory part
Article 25 – paragraph 2 – introductory part
2. The Member State in which an application for international protection is registered and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time before a first decision regarding the substance is taken, request another Member State to take charge of an applicant in order to bring together any family relations, on humanitarian grounds based in particular on family or, cultural considerations or social ties, language skills or other meaningful links which would facilitate his or her integration into that other Member state, even where that other Member State is not responsible under the criteria laid down in Articles 15 to 18 and 24. The persons concerned shall express their consent in writing.
Amendment 1620 #
2020/0279(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
The requested Member State shall carry out any necessary checks to examine the humanitarian grounds cited, and shall reply to the requesting Member State within twoone months of receipt of the request using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. A reply refusing the request shall state the reasons on which the refusal is based. Where the requested Member State accepts the request, responsibility for examining the application shall be transferred to it.
Amendment 1629 #
2020/0279(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25 a Light Family procedure 1. The determining Member State shall be responsible for conducting a special family reunification procedure for the applicant in order to ensure swift family reunification and access to the asylum procedures for applicants where there are, prima facie, sufficient indicators showing that they are likely to have the right to family reunification in accordance with Article 13, 15, 16, 24a. 2. If it is determined pursuant to paragraphs 1 and 2 that an applicant has, prima facie, the right to family reunification in accordance with Article 13, 15, 16 24a, the determining Member State shall notify the Member State of allocation thereof and the applicant shall be transferred to that Member State. 3. In accordance with the procedure referred to in paragraph 2, the Member State of allocation shall make the determination of whether the conditions for family reunification in accordance with Article 18 are met. If this is the case the Member state of allocation shall become the Member State responsible.
Amendment 1640 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
Amendment 1649 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
Amendment 1659 #
2020/0279(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1
Article 27 – paragraph 1 – subparagraph 1
The first subparagraph shall not apply if the person has already been granted international protection by the responsible Member State, provided that the beneficiary does not claim before a judge that in the Member State primarily designated as responsible there are substantial grounds for believing that he or she would be in danger of being subjected to torture or inhuman or degrading treatments and punishments, in contrast with Article 4 of the EU Charter of Fundamental Rights, pursuant to Article 8 (3).
Amendment 1667 #
2020/0279(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. The obligations specified in Article 26 shall cease where the Member State responsible can establish, when requested to take charge of or take back an applicant or another person as referred in Article 26, that the person concerned has left the territory of the Member States for at least three months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible. An application registered after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 1700 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Articles 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within onetwo months of receiving that hit.
Amendment 1704 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
Article 29 – paragraph 1 – subparagraph 3
Where the applicant is an unaccompanied minor, or the determining Member State may, where it considers that it is in the best interest of the minorrequest is based on Article 16 or 17, the determining Member State may, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs. With regard to minors, for the purpose of calculating the deadlines referred to in the first and second subparagraphs of this paragraph, time shall start to run when a guardian has been appointed and when the best interests assessment pursuant to Article 13, 15, 16, 17, 25a has been concluded.
Amendment 1739 #
2020/0279(COD)
Proposal for a regulation
Article 31 – title
Article 31 – title
Submitting a take back notificationrequest
Amendment 1745 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In a situation referred to in Article 26(1), point (b), (c) or (d) the Member State where the person is present shall make a take back notificationrequest without delay and in any event within two weeks after receiving the Eurodac hit. Where the take back request is not made within the established time limit, the responsibility for examining the application for international protection shall lie with the Member State where the applicant is present.
Amendment 1763 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The notifirequested Member State shall aconfirm receipt of the notification torequest of the Member State which made the notificationrequest within onefour weeks, unless the notifirequested Member State can demonstrate within that time limit that its is not responsibility has ceasedle pursuant to Article 27.
Amendment 1768 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Failure to act within the onefour-weeks period set out in paragraph 3 shall be tantamount to confirming the receipt of the notificationrequest.
Amendment 1774 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back notificationrequests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1781 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The determining Member State whose take charge request as regards the applicant referred to in Article 26(1), point (a) was accepted or who made a take back notification as regards persons referred to in Article 26(1), point (b), (c) and (d) shall take a transfer decision at the latest within one week of the acceptance or notification.
Amendment 1788 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the requested Member State accepts to take charge of an applicant or to take back a person referred to in Article 26(1), point (b), (c) or (d), the requesting or the notifying Member State shall notify the person concerned in writing without delayin one week of the decision to transfer him or her to the Member State responsible and, where applicable, of the fact that it will not examine his or her application for international protection.
Amendment 1793 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 4 – introductory part
Article 32 – paragraph 4 – introductory part
4. The decision referred to in paragraph 1 shall be written in a language understandable to the applicant and contain information on the legal remedies available, including on the right to apply for suspensive effect, and on the time limits applicable for seeking such remedies and for carrying out the transfer, and shall, if necessary, contain information on the place where, and the date on which, the person concerned is required to appear, if that person is travelling to the Member State responsible by his or her own means.
Amendment 1808 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The applicant or another person as referred to in Article 26(1), point (b), (c) and (d) shall have the right to an effective remedy with automatic suspensive effect, in the form of an appeal or a review, in fact and in law, against a transfer decision, before a court or tribunal.
Amendment 1811 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
Amendment 1823 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 3 – introductory part
Article 33 – paragraph 3 – introductory part
3. The person concerned shall have the right to request, within a reasonable period of Member States shall ensure that an effectimve from the notificationremedy shall confer ofn the transfer decision, a court or tribunal to suspend the implementation of the transfer decisionperson concerned the right to remain in the Member state concerned pending the outcome of his or ther appeal or review. Member States shall ensure that an effective remedy is in place by suspending the transfer, the transfer shall be automatically suspended until the decision on the first suspension request is taken. Any decision on whether to suspend the implementation of the transfer decision shall be taken within one month of the date when that request reached the competent court or tribunal.
Amendment 1826 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
Amendment 1834 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – introductory part
Article 33 – paragraph 5 – introductory part
5. Member States shall ensure that legal assistance is granted on request free of charge, at all stages of the procedure, where the person concerned cannot afford the costs involved, according to Article 11a of this Regulation. Member States may provide that, as regards fees and other costs, the treatment of persons subject to this Regulation shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.
Amendment 1838 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 1
Article 33 – paragraph 5 – subparagraph 1
Amendment 1844 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 2
Article 33 – paragraph 5 – subparagraph 2
Amendment 1845 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 3
Article 33 – paragraph 5 – subparagraph 3
Amendment 1848 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 4
Article 33 – paragraph 5 – subparagraph 4
Legal assistance shall include at least the preparation of the required procedural documents and representation before a court or tribunal and may be restricted to legal advisors or counsellors specifically designated by national law to provide assistance and representationbe in line with Article 11a.
Amendment 1850 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 5
Article 33 – paragraph 5 – subparagraph 5
Amendment 1853 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. Detention shall, in any case, be a measure of last resort when alternatives are not available.
Amendment 1858 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. Minors, whether accompanied or unaccompanied, and vulnerable people according to Directive 2013/33 shall not be detained. In accordance with the principle of family unity, parents or legal or customary primary caregivers shall not be detained. Unaccompanied minors shall be placed in appropriate alternative care settings in the national child protection system in line with their best interest and taking into consideration their views and needs. Families with minor children shall be accommodated together in non- custodial, community-based placements while their immigration status is being resolved.
Amendment 1866 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a proven risk of absconding, Member States, as measure of last resort, may detain the person concerned in order to secure a transfer proceduresafter a final transfer decision has been taken and notified in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances.
Amendment 1874 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 3 – introductory part
Article 34 – paragraph 3 – introductory part
3. Detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this Regulation is carried out, and in any case shall not exceed three months.
Amendment 1883 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
Where an applicant or another person referred to in Article 26(1), point (b), (c) or (d) is detained pursuant to this Article, the period for submitting a take charge request or a take back notificationrequest shall not exceed two weeks from the registration of the application. Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back notification shall not exceed one week from the date on which the person was placed in detention. The Member State carrying out the procedure in accordance with this Regulation shall ask for an urgent reply on a take charge request. Such reply shall be given within one week of receipt of the take charge request. Failure to reply within the one-week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.
Amendment 1895 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Where a person is detained pursuant to this Article, the detention shall be ordered in writing by judicial authorities. The detention order shall state the reasons in fact and in law on which it is based and shall contain a reference to the consideration of the available alternatives and the reasons as to way they could not be applied effectively.
Amendment 1899 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. As regards the detention conditions, which shall fully respect the person's fundamental rights and the guarantees applicable to applicants detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive XXX/XXX/EU [Reception Conditions Directive] shall apply.
Amendment 1906 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) and (d), from the requesting or notifying Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting or notifying Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within six months of the acceptance of the take charge request or of the confirmation of the take back notificationrequest by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3). That time limit may be extended up to a maximum of one year if the transfer cannot be carried out due to imprisonment of the person concerned for criminal purposes.
Amendment 1929 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1
Article 35 – paragraph 2 – subparagraph 1
Amendment 1934 #
2020/0279(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. In accordance with Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], a contribution shall be paid to the Member State carrying out the transfer for theThe costs necessary to transfer of an applicant or another person as referred to in Article 26(1), point (b), (c) or (d), pursuant to Article 35to the Member state responsible shall be met by the General Budget of the Union.
Amendment 1939 #
2020/0279(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Member State carrying out the transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) or (d), shall communicate to the Member State responsible such personal data concerning the person to be transferred as is adequate, relevant and limited to what is necessary for the sole purposes of ensuring that the competent authorities, in accordance with national law in the Member State responsible, are in a position to provide that person with adequate assistance, including the provision of immediate health care required in order to protect his or her vital interests, to ensure continuity in the protection and rights afforded by this Regulation and by other applicable asylum legal instruments. Those data shall be communicated to the Member State responsible within a reasonable period of time before a transfer is carried out, in order to ensure that its competent authorities in under national law have sufficient time to take the necessary measures.
Amendment 1977 #
2020/0279(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Provided it is necessary for the examination of the application for international protection, the Member State responsible may request another Member State to let it know on what grounds the applicant bases his or her application and, where applicable, the grounds for any decisions taken concerning the applicant. The other Member State may refuse to respond to the request submitted to it, if the communication of such information is likely to harm its essential interests or the protection of the liberties and fundamental rights of the person concerned or of others. In any event, communication of the information requested shall be subject to the written approval of the applicant for international protection, obtained by the requesting Member State. In that case, the applicant must know for what specific information he or she is giving his or her approval.
Amendment 1994 #
2020/0279(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Before concluding or amending any arrangement as referred to in paragraph 1, point (b), the Member States concerned shall consult the Commission as to the compatibility of the arrangement with this Regulation and with other relevant provisions of EU Law, including the Charter of Fundamental Rights.
Amendment 1995 #
2020/0279(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. If the Commission considers the arrangements referred to in paragraph 1, point (b), to be incompatible with this Regulation, and with any other relevant provisions of EU Law including the Charter of Fundamental Rights, it shall, within a reasonable period, notify the Member States concerned. The Member States shall take all appropriate steps to amend the arrangement concerned within a reasonable time in such a way as to eliminate any incompatibilities observed.
Amendment 2015 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. Solidarity contributions for the benefit of a Member State under migratory pressureof first entry or subject to disembarkations following, including after search and rescue operations shall consist of the followand activities shall be established according to the procedure provided ing types:his Article.
Amendment 2020 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
Amendment 2034 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
Amendment 2036 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
Amendment 2045 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
Amendment 2058 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 a (new)
Article 45 – paragraph 1 a (new)
1a. Where no meaningful links can be established, the Commission, assisted by the Asylum Agency, shall identify the Member State with the lowest number of applicants in relation to its share, calculated on the basis of the distribution key, as the Member State responsible. The European Commission will immediately notify this Member State which will be responsible for examining the application and the Member State of first entry.
Amendment 2061 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 b (new)
Article 45 – paragraph 1 b (new)
1b. The Member State of first entry, in cooperation with the Asylum Agency, shall immediately inform the applicant about the determination of responsibility as referred to in paragraph2 of this Article, and of the arrangements of the transfer to the Member State responsible for the examination, in accordance to Article 32 of this Regulation.
Amendment 2062 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 c (new)
Article 45 – paragraph 1 c (new)
1c. The procedure established by this Article shall apply to applicants arrived in a Member State by land, air or sea, including after disembarkation and following search and rescue operations and activities.
Amendment 2063 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 d (new)
Article 45 – paragraph 1 d (new)
1d. The share calculated according to the distribution key may be adjusted when a Member State demonstrates that over the proceeding 10 years it has been responsible for twice the Union average per capita of applicants for international protection.
Amendment 2067 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 2086 #
2020/0279(COD)
Proposal for a regulation
Article 46
Article 46
Article 46 deleted Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.
Amendment 2105 #
2020/0279(COD)
Proposal for a regulation
Article 47 – title
Article 47 – title
47 Solidarity for disembarkations following search and rescue activities and operations
Amendment 2107 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. This Article and Articles 148 and 495 shall also apply to search and rescue oparrivals, connected to search and rescue activities as referred to in the 1979 Internations that generate recurring arrivalsal Convention Maritime on Search and Rescue adopted in Hamburg, Germany, on 27 April 1979, and operations as referred to in Article 10 of Regulation (EU) No656/2014, leading to disembarkation of third- country nationals orand stateless persons on to the territory of a Member State and to vulnerable persons as set out in Article 49(4).
Amendment 2112 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Where the Migration Management Report referred to in Article 6(4) indicates that one or more Member States faced with the situations referred to in paragraph 1, it shall also set out the total number of applicants for international protection referred to in Article 45(1), point (a) that would need to be relocated in order to assist those Member States. The report shall also identify any capacity-building measures referred to in Article 45(1), point (d) which are necessary to assist the Member State concernedIn the context of disembarkations following search and rescue activities and operations, as defined in paragraph 1, the special needs of children, including unaccompanied minors, victims of trafficking in human beings, persons in need of urgent medical assistance, disabled persons, persons in need of international protection and other persons in a particularly vulnerable situation, shall be addressed as a matter of urgency and in a spirit of solidarity, pursuant to Articles 14 and 45.
Amendment 2114 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
Amendment 2118 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
Amendment 2132 #
2020/0279(COD)
Amendment 2140 #
Amendment 2177 #
Amendment 2207 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point a
Article 50 – paragraph 1 – point a
(a) that Member State has informed the Commission that it considers itself to be under migratory pressure; and
Amendment 2211 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point b
Article 50 – paragraph 1 – point b
(b) on the basis of available information, it considers that aone or more Member States may be under migratory pressure, due to a constant level of arrivals, including after disembarkation, which would undermine the effective functioning of the procedures foreseen in Articles 14 and 45 of this Regulation.
Amendment 2216 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The Asylum Agency and the European Border and Coast Guard Agency shall assist the Commission in drawing up the assessment of migratory pressure, in cooperation with the Member States in question. The Commission shall inform the European Parliament, the Council and the Member States concerned, without delay, that it is undertaking an assessment.
Amendment 2221 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point a
Article 50 – paragraph 3 – point a
(a) the total number of applications for international protection by third-country nationals and the nationality of the applicants;
Amendment 2223 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point b
Article 50 – paragraph 3 – point b
Amendment 2227 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point c
Article 50 – paragraph 3 – point c
Amendment 2230 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point d
Article 50 – paragraph 3 – point d
Amendment 2235 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point f
Article 50 – paragraph 3 – point f
Amendment 2239 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point g
Article 50 – paragraph 3 – point g
Amendment 2242 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point h
Article 50 – paragraph 3 – point h
(h) the number of persons apprehendidentified in connection with an irregular crossing of the external land, sea or air border;
Amendment 2245 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point i
Article 50 – paragraph 3 – point i
Amendment 2249 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point j
Article 50 – paragraph 3 – point j
(j) the number and nationality of third- country nationals disembarked and following search and rescue operations and activities, including the number of applications for international protection;
Amendment 2251 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point k
Article 50 – paragraph 3 – point k
(k) the number of vulnerable migrants, in particular unaccompanied minors.
Amendment 2254 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point k a (new)
Article 50 – paragraph 3 – point k a (new)
(ka) the capacity of the Member States under migratory pressure, in particular in its overall needs in managing its asylum and reception caseload.
Amendment 2260 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point b
Article 50 – paragraph 4 – point b
Amendment 2263 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point f
Article 50 – paragraph 4 – point f
Amendment 2267 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 4 – point h
Article 50 – paragraph 4 – point h
Amendment 2275 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 1 – introductory part
Article 51 – paragraph 1 – introductory part
1. The Commission shall consult the Member States concerned during its assessment undertaken pursuant to Article 50(1).
Amendment 2281 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. In the report, the Commission shall state and explain whether the Member States concerned isare under migratory pressure.
Amendment 2285 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – introductory part
Article 51 – paragraph 3 – introductory part
3. Where the Commission concludes that the Member States concerned isare under migratory pressure, the report shall identify:
Amendment 2288 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point a
Article 51 – paragraph 3 – point a
(a) the capacity of the Member States under migratory pressure in the field of migration management, in particular asylum and return as well as, in particular in its overall needs in managing its asylum and returception caseload;
Amendment 2292 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point i
Article 51 – paragraph 3 – point b – point i
(i) measures that the Member States under migratory pressure should take in the field of migration management, and in particular in the field of asylum and returception;
Amendment 2294 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point ii
Article 51 – paragraph 3 – point b – point ii
(ii) measures referred to in Article 45(1), points (a), (b) andidentified by the Commission to support the Member States concerned, including: (a) capacity building measures in the field of asylum and reception, corresponding to the needs of the Member States under pressure; (cb) to be taken by other Member States; relocation of beneficiaries of international protection who have been granted protection less than two years prior to the relocation.
Amendment 2299 #
2020/0279(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point b – point iii
Article 51 – paragraph 3 – point b – point iii
Amendment 2314 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States shall contribute by means of the solidarity contributions referred to in Article 45(1), points (a), (b) and (c51(3) (b) (ii). Member States shall prioritise the relocation of unaccompanied minors.
Amendment 2317 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
Amendment 2329 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
Amendment 2332 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2
Article 52 – paragraph 3 – subparagraph 2
Amendment 2339 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. Where the Commission considers that the solidarity contributions indicated in the Solidarity Response Plans do not correspond to the needs identified in the report on migratory pressure provided for in Article 51, it shall convene the Solidarity Forum. In such cases, the Commission shall invite Member States to adjust the type of contributions in their Solidarity Response Plans in the course of the Solidarity Forum by submitting revised Solidarity Response Plans.
Amendment 2356 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Within two weeks from the submission of the Solidarity Response Plans referred to in Article 52(3) or, where the Solidarity Forum is convened pursuant to Article 52(4), within two weeks from the end of the Solidarity Forum, the Commission shall adopt an implementing act laying down the solidarity contributions for the benefit of the Member States under migratory pressure to be taken by the other Member States and the timeframe for their implementation.
Amendment 2357 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1
Article 53 – paragraph 2 – subparagraph 1
Amendment 2360 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
Amendment 2363 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
Where the measures proposed would lead to a shortfall greater than 30% of the total number of solidarity measures identified in the report on migratory pressure under Article 51(3)(b)(ii), the contributions set out in the implementing act shall be adjusted so that those Member States indicating such measures would be required to cover 50% of their share calculated according to the distribution key set out in Article 54 through measures set out in Article 51(3)(b)(ii). The CommissionCommission considers the measures proposed are inadequate, it shall adjust measures referred to in Article 51(3)(b)(iii) indicated by those Member States accordingly.
Amendment 2364 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point a
Article 53 – paragraph 3 – point a
(a) the total number of persons to be relocated from the requesting Member State pursuant to Article 45(1), points (a) or (c), taking into account the capacity and needs of the requesting Member States in the area of asylum identified in the report referred to inset of measures foreseen in Article 51 (3) (b) (ii) of this Regulation, including the total number of beneficiaries of international protection pursuant to Article 51 (3) (b) (ii) (b), that shall be relocated;
Amendment 2365 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point b
Article 53 – paragraph 3 – point b
Amendment 2366 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point c
Article 53 – paragraph 3 – point c
Amendment 2367 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point d
Article 53 – paragraph 3 – point d
Amendment 2370 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 1
Article 53 – paragraph 3 – subparagraph 1
Amendment 2373 #
2020/0279(COD)
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
Amendment 2380 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – introductory part
Article 54 – paragraph 1 – introductory part
The share of solidarity contributions referred to in Articles 45(1), points (a), (b) and (c) to be provided by each Member State in accordance with Articles 48 and 53 shall be calculated in accordance with the formula set out in Annex III and and 50 to 53 shall be based on the following criteria for each Member State, according to the latest available Eurostat data:
Amendment 2383 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a
Article 54 – paragraph 1 – point a
(a) the size of the population (540% weighting);
Amendment 2392 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b
Article 54 – paragraph 1 – point b
(b) the total GDP (540% weighting).
Amendment 2398 #
2020/0279(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b a (new)
Article 54 – paragraph 1 – point b a (new)
(ba) unemployment rate (20% weighting)
Amendment 2404 #
2020/0279(COD)
Amendment 2430 #
2020/0279(COD)
Proposal for a regulation
Article 56 – title
Article 56 – title
Amendment 2432 #
2020/0279(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
Amendment 2436 #
2020/0279(COD)
2. Any Member State may, at any time, in response to a request for solidarity support by a Member State, or onsituations where there its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. Contributions referred to in article 45, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund]no migratory pressure and where the mechanism established in Article 51 -53 is not applicable, decide to relocate beneficiaries of international protection. In this case it shall inform the Commission without delay.
Amendment 2446 #
2020/0279(COD)
Amendment 2450 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
(b) persons referred to in Article 45(1), point (b) where the period referred to in Article 55(2) has expired, and Article 45(2), point51(3) (b) (ii) (b).;
Amendment 2456 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned an individual and specific danger to national security or public order of that Member State, according to the procedure laid down in Article 14 (3). If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article and shall, where applicable, exclude the person from the list referred to in Article 49(2)being relocated.
Amendment 2457 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
Amendment 2466 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1
Article 57 – paragraph 3 – subparagraph 1
Where relocation is to be applied pursuant to Article 49,, the EU relocation coordinator should support the relocation activities from the benefitting Member Sstate shall use the list drawn up by the Asylum Agency and the European Border and Coast Guard Agencyto the contributing member state implementing their obligations referred to in Article 49(213a (d).
Amendment 2473 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 a (new)
Article 57 – paragraph 3 a (new)
3a. Each Member State shall create a database of the requests of beneficiaries of international protection, who have been legally residing in its territory for less than two years and who have expressed their willingness to be relocated to another Member State. Each beneficiary of international protection may express up to two preferences for Member States to which he or she may be relocated. Each Member State shall regularly update the database referred to in this paragraph.
Amendment 2474 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 b (new)
Article 57 – paragraph 3 b (new)
3b. The Commission shall, by means of implementing act, lay down uniform criteria for the collection, retention and deletion by the Member States of the information referred to in paragraph 1, and the organizational and operational arrangements for the implementation of relocation;
Amendment 2475 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 c (new)
Article 57 – paragraph 3 c (new)
3c. When implementing the solidarity measures pursuant to Article 53(3), the benefitting Member State shall promptly inform of the activation of the relocation procedure, the beneficiaries of international protection registered in the database referred to in paragraph 1, on the basis of the chronological order of registration. Member States shall take into consideration the preferences expressed by the beneficiary of international protection. Potential beneficiaries of relocation shall express their consent to be relocated within 7 days after they have been informed, otherwise they shall be considered non-eligible for relocation. The benefitting Member State shall identify a number of beneficiaries corresponding to that established, by means of implementing act, by the Commission pursuant to Article 53.
Amendment 2477 #
2020/0279(COD)
Amendment 2483 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 5
Article 57 – paragraph 5
5. The benefitting Member State shall transmit to the Member State of relocation as quickly as possible the relevant information and documents on the person referred to in paragraphs 2 and 3.
Amendment 2484 #
2020/0279(COD)
Amendment 2489 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 7
Article 57 – paragraph 7
Amendment 2512 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
Amendment 2518 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2a. The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 11(1) and (3), respectively, of Regulation (EU) XXX/XXX [Eurodac Regulation].
Amendment 2520 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
Amendment 2523 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. Where the Member State of relocation has relocated a beneficiary for international protection, tThe Member State of relocation shall automatically grant international protection status respecting the respective status granted by the benefitting Member State.
Amendment 2529 #
2020/0279(COD)
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where the Member State of relocation has relocated a third-country national who is illegalrregularly staying on its territory, of Directive 2008/115/EC shall apply.
Amendment 2531 #
2020/0279(COD)
Proposal for a regulation
Article 59
Article 59
Amendment 2545 #
2020/0279(COD)
Proposal for a regulation
Article 61 – paragraph 1 a (new)
Article 61 – paragraph 1 a (new)
The cost of relocation and transfer will be covered by the EU budget.
Amendment 2546 #
2020/0279(COD)
Proposal for a regulation
Article 61 – paragraph 1 b (new)
Article 61 – paragraph 1 b (new)
The costs of reception of an applicant met by a determining Member State, from the time when the application for international protection was registered until the transfer of the applicant to the Member State responsible, or until the determining Member State assumes responsibility for the applicant, shall be refunded from the general budget of the Union.
Amendment 35 #
2019/2208(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas the lack of harmonization has a deep impact on return practices among Member States;
Amendment 83 #
2019/2208(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
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, especially as it is less expensive and more sustainable;
Amendment 114 #
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 the need for a closed and exhaustive list of criteria’s to define strictly the risk of absconding; recalls that lifting the voluntary departure period also leads to the imposition of an entry ban, which may further undermine voluntary departure;
Amendment 126 #
2019/2208(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that return and entry-ban decisions on removal should be individualised, clearly justified with reasons in law and in fact, issued in writing, and complete with information about available remedies, in a language the person understands;
Amendment 136 #
2019/2208(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that the directive allows for the temporary suspension of the enforcement of a removal, pending a decision relating to return; underlines the importance of such suspensive effect in cases where there is a risk of refoulement; notes that in most countries, appeal against return is not automatically suspensive, which may diminish protection and increase administrative burdens; an automatic suspensive remedy is necessary to harmonize the practices and ensure that people are not returning before the final decision;
Amendment 146 #
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 country of origin could help to prevent protracted irregular stays and facilitate individuals’ social inclusion and contribution to society; notes that this would also help to get people out of administrative limbos where they are left;
Amendment 206 #
2019/2208(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the directive establishes that returnees may lawfully be detained where other less coercive measures cannot be applied; expresses regret that despite the obligation to apply detention as a measure of last resort, in practice, very few viable alternatives to detention are developed and applied by Member States; calls on Member States, as a matter of urgency, to offer viable community-based alternatives to detention, which are proven to be better for migrants and Member States, since they cost less and have a less negative impact on migrants, especially children and vulnerable people;
Amendment 240 #
2019/2208(INI)
20a. Calls on the Commission and Member States to ensure the sustainability of returns by monitoring them and by funding reintegration programs in cooperation with third countries of origin.
Amendment 1 #
2019/2206(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to Articles 1, 2, 3, 4, and 18, 19 and 47 of the Charter of Fundamental Rights of the European Union,
Amendment 7 #
2019/2206(INI)
Motion for a resolution
Citation 4
Citation 4
— having regard to Articles 2, 3, 5, 8 and 813 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR),
Amendment 10 #
2019/2206(INI)
Motion for a resolution
Citation 12
Citation 12
— having regard to the judgements of the European Court of Human Rights related to Regulation (EU) No 604/2013, and in particular Sharifi v. Austria of 5 December 2013 (Chamber judgment), Mohammadi v. Austria of 3 July 2014 (Chamber judgment), Sharifi and Others v. Italy and Greece of 21 October 2014 (Chamber judgment), and Tarakhel v. Switzerland of 4 November 2014 (Grand Chamber judgment), and ECtHR - M.S.S. v Belgium and Greece [GC]; Application No. 30696/09, Judgement of 21 November 2011, related to Regulation (EC) No 343/2003 of 18 February 2003 (Dublin II)
Amendment 13 #
2019/2206(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
— having regard to the European Parliament Resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to Migration (2015/2095(INI));
Amendment 14 #
2019/2206(INI)
Motion for a resolution
Citation 27 b (new)
Citation 27 b (new)
— having regard to the ECJ judgement of the 2 April 2020 on the joined cases C-715/17, C-718/17 and C- 719/17 Commission v Poland, Hungary and the Czech Republic;
Amendment 20 #
2019/2206(INI)
Motion for a resolution
Recital A
Recital A
A. whereas 2.5 million people applied for asylum in the European Union in the period 2015-2016, a fourfold increase compared to 2012-2013714,200 asylum applications were lodged in the EU in 2019;
Amendment 32 #
2019/2206(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the criteria for establishing the responsibility of a Member State for an asylum application include, in hierarchical order, the family unit; the issuance of residence permits or visas; irregular entry or stay, and visa- waived entry; where none of those grounds applies, the Member state in which an asylum application was first made becomes the Member state responsible under Article 3(2);
Amendment 41 #
2019/2206(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in the case of most asylum applications, the set of hierarchical criteria and the deadlines laid down as part of Dublin procedures are not met and transfers are not carried out;
Amendment 43 #
2019/2206(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas studies on the implementation of the Dublin III Regulation highlight systematic disregard towards family provisions and incorrect application of the principle of the best interest of the child, which have resulted in unnecessary and unreasonable transfer procedures;
Amendment 46 #
2019/2206(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the provisions on dependent persons (article 16) and the discretionary clauses (article 17) could be widely used to support family unity;
Amendment 48 #
2019/2206(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Amendment 51 #
2019/2206(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas the preventive action provision of the Dublin III Regulation (Article 33) has never been used;
Amendment 53 #
2019/2206(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
Amendment 55 #
2019/2206(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
Cf. whereas implementation of the Dublin III Regulation does not effectively address secondary movements which are largely due to asylum seekers' social- connections with specific countries, protection-based concerns, health reasons and systemic deficiencies in the asylum systems where application are made;
Amendment 56 #
2019/2206(INI)
Motion for a resolution
Recital C g (new)
Recital C g (new)
Cg. whereas Article 28 of the Dublin Regulation allows detention as an exceptional measure "to secure transfer procedures", where there is "significant risk of absconding" of the applicant; whereas this definition remains unclear and the interpretation varies from a Member State to another;
Amendment 59 #
2019/2206(INI)
Motion for a resolution
Recital C h (new)
Recital C h (new)
Ch. whereas the use of detention and coercive transfers raises concerns with respect to asylum seekers' right to liberty, dignity and physical integrity;
Amendment 62 #
2019/2206(INI)
Da. whereas some of the flaws are inherent in the design of the Regulation and cannot be solved through better implementation alone;
Amendment 78 #
2019/2206(INI)
Motion for a resolution
Subheading 1
Subheading 1
Incorporating the principle of solidarity into the management of asylum seekersDublin Regulation
Amendment 79 #
2019/2206(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 98 #
2019/2206(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the Dublin System, and in particular the first country of irregular entry criterion places a significant burden on a minority of Member states;
Amendment 99 #
2019/2206(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Urges the EU to establish an automatic, permanent and mandatory relocation mechanism ensuring the full respect of the principle of solidarity and fair sharing of responsibility enshrined in art.80 of TFEU; including for those rescued at sea;
Amendment 109 #
2019/2206(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at EU levelCommon European and Asylum System; deplores the fact that efforts to overhaul the Dublin III Regulation have been blocked in the Council;
Amendment 117 #
2019/2206(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the crisis management tool provided for in Article 33 did not provide effective support to the Member States, nor did it offer a response to the consequences of the COVID-19 crisis; considers that a solidarity-based crisis management mechanism, endowed with a financial instrument managed by the Commission,mechanism for early warning, preparedness and crisis management as set out in Article 33 has not been applied to date, considers that a solidarity-based mechanism in the EU should be established to ensure continuity of the right of asylum in the EU uander the best possible conditions not to hinder arrivals and deflect responsibility; emphasizes that the protection of fundamental rights of asylum applicants should always remain at the centre of this mechanism; also notes that the provisions set out in the Temporary Protection Directive has yet to be invoked;
Amendment 124 #
2019/2206(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that such a mechanism should allow for the participation of civil society organization providing professional assistance to people in need of international protection during the assessment of their asylum application, particularly of legal nature;
Amendment 130 #
2019/2206(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to makexpand the use of the discretionary clause in Article 17 when exceptional, to address challenging situations and humanitarian circumstances so warrant,, as for example to relocate and provide decent reception conditions to asylum seekers currently living in the Greek hotspots in an atmosphere of extreme tension and to provide decent receptioninhumane, degrading, unsanitary and unsafe conditions;
Amendment 134 #
2019/2206(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes the view that provisions on family unity, which are the first in the hierarchy of criteria, should be efficiently implemented, and that provisions on dependent persons (article 16) and the discretionary clauses (article 17) should be used more widely to support family unity;
Amendment 136 #
2019/2206(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. In the absence of a permanent solidarity mechanism, supports the expanded use of discretionary clauses of Article 17 as a solidarity tool for responsibility sharing in particular in situations of large number of spontaneous arrivals and in the specific context of sea arrivals and disembarkation procedures;
Amendment 140 #
2019/2206(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 155 #
2019/2206(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights the significant operational backing for Dublin proceduresand technical support provided by the European Asylum Support Office (EASO) in the hotspotto Member States; calls on the Commission and the Member States to facilitate the work of EASO staff by allowing interviews in a language other than that of the country in which they are conductedand the Commission to increase assistance to Member States, especially those at the border of the EU; calls for the establishment of a European Asylum Agency, with sufficient financial and human resources, supporting Member States with Dublin procedures;
Amendment 159 #
2019/2206(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to monitor that interviews are conducted in the language of the asylum seeker or in a language that the applicant is reasonably supposed to understand;
Amendment 161 #
2019/2206(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. PDeplores that the rights of asylum seekers, including that to legal assistance, are often neglected when implementing the Dublin III Regulation, points out that the protection of fundamental rights must be at the heart of the measures taken to implementEU asylum policies and of the implementation process of the Dublin III Regulation, including the protection of childrenminors, victims of trafficking, victims of torture, and the most vulnerable;
Amendment 169 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that asylum seekers have the right to be fully informed on the procedures; regrets that the level of information provided to asylum seekers differs consistently from one Member state to another; urges the Member states to guarantee that minors have tailored, child-friendly information and specific support; stresses that providing legal assistance and interpretation are key to ensure applicants' right to information;
Amendment 174 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Points out that transfers of asylum seekers, and in particular vulnerable people, minors and families can result in violations of their human rights; urges Member states to properly assess the risks to which applicants would be exposed in the Member States of destination; stresses in particular that transfers must be carried out in a way that under no circumstances exposes individuals to a risk of refoulement, irrespective of whether the asylum system of return is affected by systemic deficiencies;
Amendment 175 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Deplores that Member states resort too often to the detention of applicants waiting to be transferred; urges Member states to make concrete efforts to find valid alternatives to detention;
Amendment 180 #
2019/2206(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and toenable a better use of the family provisions, including by harmoniseing the standards of proof required; callacross Member states oin the Member States and the Commission to protect the best interests of children and to clarify the criteria for keeping children in detentiondirection of less stringent and more achievable standards; calls the Commission and the Member states to speed up family reunification procedures including through an immediate transfer to a country in which the applicant has family;
Amendment 188 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Regrets that Member states do not proactively contribute to the identification and verification of the family links; deplores that the burden of proof is almost entirely left to the applicants;
Amendment 192 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Calls on the Member States and the Commission to ensure an adequate verification of the best interest of the child, avoiding that the complexity of the procedures results in the failure to implement this principle, in particular for the unaccompanied minors of age between 16 and 18;
Amendment 193 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Regrets that Member states apply different interpretation of the best interest of the child; calls therefore the Commission to clarify the definition in line with EU legislation and to identify which family reunification possibilities, security and safety considerations, background information should be taken into consideration;
Amendment 194 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Urges the Member States and the Commission to clarify that detention is never in the best interest of the child and that a minor should never be detained because of the migratory status of their family; calls to expand the sources used for the monitoring and identification of unlawful practices to include information provided by international and non- governmental organizations where it is reliable, up-to-date and specific;
Amendment 195 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 f (new)
Paragraph 8 f (new)
8f. Deplores that insufficient identification mechanisms and erroneous methods of age assessment often further exacerbate the situation of minors, causing delays or affecting negatively the outcome of the Dublin procedure; calls for an harmonized age assessment that do not endanger minors' rights, health and psychological well-being;
Amendment 206 #
2019/2206(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the number of transfer procedures has increased significantly, generating considerable human, material and financial costs; deplores, however, the fact that in only 11% of cases are transfers actually carried out, a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between Member States; regards efforts to combat secencourages Member states to apply the discretiondary movements as essential in order to reduce the number of transfer requests; proposes thatclause more swiftly in cases where it becomes evident that transfers cannot be carried out, or where the coinditions which trigger transfer procedures be clarified and harmonisedvidual situation of the applicant requires so;
Amendment 219 #
2019/2206(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that in some cases the rules on transfer of responsibility under Dublin III undermine the efficiency of asylum procedures and the carrying-out of transfers and, according to the evidence, that in many cases asylum seekers remain outside of the system due to disproportionate use of the criterion of the first countribute to the increase in the number of secondary movements by encouraging asylum-seekers to remain outside the systemy of irregular entry and the insufficient consideration of the meaningful links and the particular needs of the applicants; calls on the Commission to revise the rules, in order to give Member States sufficient time to carry out transfers and do away with transfer of responsibility in cases where anincrease trust between Member States and between them and the asylum seeker absconds;
Amendment 228 #
2019/2206(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that providing asylum seekers with legal assistance in connection with Dublin procedures, in particular in the hotspots, would simplify the process of obtaining asylum would enhance rights-compliant procedures, simplify Dublin procedures and improve decision- making; calls on the Member States to improve the information made available to asylum seekers on the complex Dublin procedures, to ensure that it is clear and accessible to everyone;
Amendment 232 #
2019/2206(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Member States to increase the resources necessary to make Dublin III operational, particularly the number of asylum officers; calls on the European Commission to increase the funds available for the provision of legal assistance, especially funding for civil society professionals offering legal assistance to people in need of international protection during the Dublin procedure;
Amendment 235 #
2019/2206(INI)
Motion for a resolution
Subheading 4
Subheading 4
A singlerights-centred asylum application in the EU
Amendment 239 #
2019/2206(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that the principle of a single asylum application in the EU is consistently flouted, a state of affairs at odds with the very purpose of the Dublin III Regulation; considernotes that the competent national authorities should share their relevant information on a European database such as Eurodac, in order to speed up procedures and prevent multiple asylum applications, while protecting personal datare are multiple reasons for submission of additional asylum applications;
Amendment 249 #
2019/2206(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the rate of protection for asylum seekers varies greatly between Member States for certain nationalities; considers that a common list of safe countries and a shared country-risk analysis, or at least greater convergence, would reduce these disparities, and thus also the number of secondary movements; stresses that the return of persons not eligible for asylum is a prerequisite for the effectiveness of the Dublin III Regulation and this can contribute to onward movement; considers that accounting for individual needs of the applicant in the Dublin procedures would reduce secondary movements; calls for the inclusion of a relocation criteria considering the "genuine links" with a particular Member state as an efficient approach to reduce secondary movements;
Amendment 261 #
2019/2206(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 276 #
2019/2206(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Proposes that EASO be given an expanded role in analysing the flows of and pathways taken by asylum seekers, in order to better anticipate and understand pressures on asylum systemssupporting Member states in the implementation of the Dublin III Regulation;
Amendment 282 #
2019/2206(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission and the Council to work towards convergence in the bilateral agreements concluded between Member States and with thirdimplementation of the Dublin III Regulation by taking stock of the elements countries, in order to optimise implementation of the Dublin III Regubuting to greater efficiency, and compliance with human rights legislation;
Amendment 286 #
2019/2206(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges the Council to find a sustainable solution and take the necessary steps to adopt a position on the Dublin Recast Regulation by qualified majority;
Amendment 287 #
2019/2206(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Proposes that a fairer system of allocation be a priority for any reform of the Dublin system while keeping the protection of fundamental rights of applicants at the centre of the functioning of the solidarity mechanism;
Amendment 196 #
2019/2174(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Notes the significance of ensurpromoting quality journalism and media literacy for tackling widespread disinformation and fake news; , disinformation campaigns in media, notably on social media platforms, which distort public opinion and pose severe risks to democratic societies and institutions, fundamental rights and freedoms, and the rule of law. Is alarmed in particular by the rising wave of nationalistic rhetoric which surrounds the current setback in the EU accession negotiations process.
Amendment 223 #
2019/2174(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
34a. Highlights the strategic value for the EU of maintaining connectivity between Bulgaria and North Macedonia, within the TEN-T close transport links and of further integrating the Western Balkans. Calls on the Commission to pay special attention to the borders and overall connectivity within the region.
Amendment 253 #
2019/2174(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Regrets that Bulgaria and North Macedonia have yet to find a compromise on issues related to history and language, making full use of the framework and objectives of the Treaty of Friendship, Good Neighbourliness and Cooperation between the two countries, trusts that they will soon be settled in order not to jeopardise the integration momentum, and looks forward to holding of the first intergovernmental conference, kick- starting the accession talks without a further delay;
Amendment 1 #
2019/2159(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to Regulation (EU) 1380/2013 of the European Parliament and the Council of 11 December 2013 on the Common Fisheries Policy,
Amendment 3 #
2019/2159(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
— having regard to Regulation (EU) of the European Parliament and of the Council of 5 June 2019 amending Regulation (EU) 1343/2011 on certain provisions of fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area,
Amendment 5 #
2019/2159(INI)
Motion for a resolution
Citation 1 c (new)
Citation 1 c (new)
— having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (the 'Habitats Directive'),
Amendment 6 #
2019/2159(INI)
Motion for a resolution
Citation 1 d (new)
Citation 1 d (new)
— having regard to Directive 2014/89/EU of the European Parliament and the Council of 23 July 2014 establishing a framework of maritime spatial planning ('Maritime Spatial Planning Directive'),
Amendment 7 #
2019/2159(INI)
Motion for a resolution
Citation 1 e (new)
Citation 1 e (new)
— having regard to Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive),
Amendment 8 #
2019/2159(INI)
Motion for a resolution
Citation 1 f (new)
Citation 1 f (new)
— having regard to Regulation (EU) No 508/2014 of the European Parliament and of the Council pf 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council,
Amendment 9 #
2019/2159(INI)
Motion for a resolution
Citation 1 g (new)
Citation 1 g (new)
— having regard to Regulation of the European Parliament and of the Council of ... 2021 on the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/10041a _________________ 1aOJ L ... (not yet published in the Official Journal)
Amendment 10 #
2019/2159(INI)
Motion for a resolution
Citation 1 h (new)
Citation 1 h (new)
— having regard to the amendments adopted by the European Parliament on 10 March 2021 on the proposal for regulation of the European Parliament and of the Council amending Council regulation (EC) No1224/2009, and amending Council regulations (EC) No 768/2008, (EC) No1967/2006, (EC) No 1005/2008. and Regulation (EU) No 2016/1139 of the European Parliament and of the Council as regards fisheries control1b, _________________ 1b TA-PROV...
Amendment 11 #
2019/2159(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to the mid-term strategy (2017-2020) of GFCM towards the sustainability of Mediterranean and Black Sea fisheries and the decision on a new strategy for the period 2021-2025,
Amendment 12 #
2019/2159(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
— having regard to the GFCM decision on building together of a new strategy for Mediterranean and Black Sea fisheries and aquaculture for the period 2021-2025, which was taking during the High-Level Meeting of 3 November 2020,
Amendment 13 #
2019/2159(INI)
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
— having regard to the EC proposals on the European Green Deal and on the EU Biodiversity strategy for 2030,
Amendment 14 #
2019/2159(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to Ministerial Declarations adopted at the meetings in Burgas (31 May 2018) and Bucharest (9 May 2019) on a Common Maritime Agenda for the Black Sea, which have been signed by all 6 littoral Black Sea states,
Amendment 15 #
2019/2159(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to the Charter of the Organization of Black Sea Economic Cooperation, which aims at improving the policy dialogue, among other numerous policies, in the areas of environmental protection and exchange of statistical data,
Amendment 16 #
2019/2159(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
— having regard to the Strategic Research and Innovation Agenda for the Black Sea (SRIA), which was launched in 2019 and aims at advancing a shared vision for a productive, healthy, resilient and sustainable Black Sea by 2030,
Amendment 17 #
2019/2159(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to the high-level stakeholder conferences (Black Sea Stakeholders conferences) on Blue Economy in Bucharest (2014), Sofia (2015), Odessa (2016) and Batumi (2017),
Amendment 18 #
2019/2159(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to the 1992 Convention for the Protection of the Black Sea aAgainst Pollution and its Protocols, to which Bulgaria and Romania are parties and in respect of which the European Union has observer status, and also having regard to the work of the Commission on the protection of the Black Sea Against Pollution on the basis of this Convention,
Amendment 19 #
2019/2159(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Protection of the Black Sea Ministerial Declaration of 7 April 1993,
Amendment 20 #
2019/2159(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
— having regard to the Black Sea integrated monitoring and assessment programme for years 2017-2022 (BSIMAP 2017-2022),
Amendment 21 #
2019/2159(INI)
Motion for a resolution
Citation 6
Citation 6
— having regard to the BlackSea4Fish project with the financial support of the EU and annual budget of around 1 100 000 EUR for ensuring the sustainable management of fish stocks in the Black Sea,
Amendment 22 #
2019/2159(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the Recommendation GFCM/42/2018/9 on establishing a regional research programme towards the sustainable exploitation of rapa whelk (Rapana venosa) in the Black Sea, which aims at providing an estimate of the distribution, abundance, size and age structure of the rapa whelk population in the participating countries - Bulgaria, Romania, Turkey, Georgia and Ukraine,
Amendment 25 #
2019/2159(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
— having regard to the 1995 FAO code of conduct for responsible fisheries,
Amendment 26 #
2019/2159(INI)
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
Amendment 27 #
2019/2159(INI)
Motion for a resolution
Citation 6 d (new)
Citation 6 d (new)
— having regard to Recommendation GFCM/33/2009/8 of the GFCM on the establishment of a list of vessels presumed to have carried out IUU fishing in the GFCM area of application,
Amendment 28 #
2019/2159(INI)
Motion for a resolution
Citation 6 e (new)
Citation 6 e (new)
— having regard to the online regional platform - GFCM Regional Repository of National Legislation (GFCM-Lex), which encompasses national legislation on the conservation of marine living resources and ecosystems in three GFCM countries at the moment aiming at covering the whole GFCM area (including the Black Sea) in the future,
Amendment 29 #
2019/2159(INI)
Motion for a resolution
Citation 7
Citation 7
— having regard to the Berne Convention, the Bon Convention (CMS), CITES, the Convention on Biological Diversity (CBD), the Pan-European Action Plan for Sturgeons (PANEUAP) adopted within the framework of the Berne Convention,
Amendment 32 #
2019/2159(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to its resolution on Measures to promote recovery of fish stocks above MSY from 21 January 20211c, _________________ 1c P9_TA(2021)0017
Amendment 34 #
2019/2159(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to the Black Sea Assistance Mechanism, which aims at providing guidance and support to governments, private investors, trade and industrial associations, research institutions, universities and the general public regarding opportunities to engage in Blue economy maritime activities in the Black Sea region,
Amendment 35 #
2019/2159(INI)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
— having regard to the EU Black Sea Synergy Initiative, and the three reports on the implementation of the Black Sea Synergy from 2008, 2015 and 2019,
Amendment 36 #
2019/2159(INI)
Motion for a resolution
Citation 9 c (new)
Citation 9 c (new)
— having regard to the EU strategy for the Danube region, which among other things aims at facilitating and coordinating key issues such as biodiversity, socio-economic development and others, in the countries from the Danube River basin,
Amendment 37 #
2019/2159(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Black Sea is a semi- enclosed sea, which is only connected to an ocean by the Mediterranean via the Marmara and the Aegean Seas and is bordered upon by six countries (Bulgaria, Romania, Turkey, Georgia, Ukraine, the Russian federation), of which only two are EU Member States (Bulgaria and Romania);
Amendment 41 #
2019/2159(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Black Sea has a large anoxic layer (87%) and its oxic layer has thinned by 20 to 25 metres over the last 20 years; whereas with the exception of few anaerobic bacteria, marine life is absent at depths below 50-200 m under the sea surface;
Amendment 42 #
2019/2159(INI)
Motion for a resolution
Recital C
Recital C
C. whereas eight species fished in the Black Sea are of major interest to the fishing sector (European anchovy (Ergaulis encrasicolus), European sprat (Sprattus sprattus), horse mackerel (Trachurus mediterraneus), turbot (Scophthalmus maximus), whiting (Merlangius merlangus), red mullet (Mullus barbatus), Rapa whelk (Rapana venosa), Piked dogfish (Squalus acanthias), most of which form part of shared stocks, while two species are subject to quotas – sprat (Sprattus sprattus), which has an autonomous quota) and turbot (quota set by the GFCM); Scophthalmus maximus), which has a TAC quota set by the GFCM; where as the quota for sprat for the period 2020-2022 remained unchanged since 2011 at the rate of 11 445 tonnes per year for the EU (8 032,5 tonnes for Bulgaria and 3 442,5 tonnes for Romania), while that for turbot was increased for the EU from 114 to 150 tonnes per year, divided equally between Bulgaria and Romania;
Amendment 44 #
2019/2159(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas a system of maximum sustainable yields for the economically important species in place in the Black Sea countries will be beneficial for the biodiversity, but also the sustainability of the fishing sector in mid- and long-term; whereas Romania has put in place a national quota for other species than the 2 quoted on EU level - such as rapa whelk (Rapana venosa), mussels (Mytilus galloprovincialis), gobies (Ponticola cephalargoides), clam (Chanelea gallina), whiting (Merlangius merlangus), piked/spiny dogfish (Squalus acanthias);
Amendment 45 #
2019/2159(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, according to 2018 figures, annual fish consumption per capita in Bulgaria (7.00 kg) and Romania (7.99 kg) is well below the EU average (24.36 kg), which can be seen as an opportunity for the local fishing sector to grow;
Amendment 46 #
2019/2159(INI)
Motion for a resolution
Recital E
Recital E
E. whereas on average 91% of the Black Sea fishing fleet of all 6 littoral countries consists of small vessels,; which make upereas almost 95% of the Bulgarian fleetand 87% of the Romanian fleet falls under this category;
Amendment 49 #
2019/2159(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the small-scale fishing is characteristic for the Black Sea and Lower Danube region;
Amendment 50 #
2019/2159(INI)
Motion for a resolution
Recital F
Recital F
F. whereas illegal, unreported and unregulated fishing vessels are operating in the Black Sea; whereas per the latest available data of GFCM from 4-8 November 2019 there have been 65 vessels identified as IUU fishing vessels;
Amendment 52 #
2019/2159(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the EMFF allocated more than EUR 88 million to Bulgaria and more than EUR 168 million to Romania for the period 2014-2020; whereas the absorption rates of both countries according to the latest available information until 31.12.2020 remain among the lowest in the EU at rates of funds spent at 36,34% for Bulgaria and 33,72% for Romania; whereas lower absorption rates could mean missed opportunities for the fishing communities in these countries;
Amendment 55 #
2019/2159(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas climate change has an impact on the increase of the aerial temperature, which on the other hand has an impact on the marine temperature, which affects the biodiversity and the marine species; whereas this change has an impact on the fishing sector through the resources, which it depends on;
Amendment 56 #
2019/2159(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. whereas the European Commission has proposed the EU Green Deal and the EU Biodiversity strategy for 2030, which foresee legislative packages changing the acquis communataire in relation to the environment; whereas this would create new opportunities and measures to better integrate environmental aspects in sectorial policies, restore species and habitats and promote more environmentally friendly investments and policies;
Amendment 58 #
2019/2159(INI)
Motion for a resolution
Recital I
Recital I
I. whereas according to the report drawn as part of the EMBLAS-Plus project on the Black Sea, the Black Sea has almost twice as much waste as the Mediterranean Sea, which undoubtedly has consequences for the biodiversity and respectively for the stocks and the fishing sector;
Amendment 59 #
2019/2159(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the Black Sea has three endemic sub-species of cetaceans, two of which have the status of endangered species; whereas - Black Sea common dolphin (Delphinus delphis ponticus), Black Sea common bottlenose dolphin (Tursiops truncatus ponticus) and Black Sea harbour Porpoise (Phocoena phocoena relicta), all of which are classified as endangered species and two of them Black Sea common bottlenose dolphin (Tursiops truncatus ponticus) and Black Sea harbour Porpoise (Phocoena phocoena relicta) are included under the Habitats Directive; whereas all of these these are carnivores which feed mainly on fish;
Amendment 60 #
2019/2159(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the veined rapa whelk (Rapana venosa) is a source of income, but is an invasive species thatconsidered as an invasive species without natural enemies in the Black Sea, which poses a serious threat to the populations of other organisms, however at the same time it has become an important source of income and is also a species subject of commercial fishing;
Amendment 62 #
2019/2159(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the Black Sea ecosystem depends on major European rivers such as the Danube; whereas both the Danube and the Black Sea are home to certain species, including the sturgeons (Acipenseriformes) and the Pontic shads (Clupeiformes);
Amendment 65 #
2019/2159(INI)
Motion for a resolution
Recital M
Recital M
M. whereas factors such as the degradation of the habitat of these species, disruption of their migration corridors and their overexploitation for caviar and their flesh, as well as pollution, have brought Danube and Black Sea sturgeon to the verge of extinction; whereas, due to the drastic reduction in the number of reproductive sturgeon, this species can no longeronly very rarely breed in the wild nowadays;
Amendment 66 #
2019/2159(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas the drastic decrease of the number of spawners, associated with the population decline, trigger the failure of the natural reproduction, reducing the chance of the few remaining male and female sturgeons to meet and spawn;
Amendment 67 #
2019/2159(INI)
Motion for a resolution
Recital M b (new)
Recital M b (new)
M b. whereas the data held by the research institutes indicate that the populations of sturgeon species are fragmented, missing certain generations, and the species of sturgeon natural reproduction is deficient, the number of adults migrating to the Danube for reproduction is extremely low and the 5 sturgeon species (sterlet (Acipenser ruthenus), Russian sturgeon (Acipenser gueldenstaedtii), starry sturgeon (Acipenser stellatus), European sturgeon (Acipenser sturio) and beluga sturgeon (Huso huso)) are on the verge of extinction, while the species ship sturgeon (Acipenser nudiventris) is already considered extinct;
Amendment 68 #
2019/2159(INI)
Motion for a resolution
Recital M c (new)
Recital M c (new)
M c. whereas the EU fishery sector already applies high standards, which need to be reviewed and adjusted in order to ensure environmental and social sustainability along the entire value chain, including labour rights and animal health and welfare, and provide high- quality fishery products;
Amendment 69 #
2019/2159(INI)
Motion for a resolution
Recital M d (new)
Recital M d (new)
M d. whereas the recreational fisheries sector can provide opportunities, such as activity or income diversification, while being compatible with environmental objectives, given that recreational angling is a very selective form of fishing;
Amendment 70 #
2019/2159(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the COVID-19 pandemic is having a serious impact on the Black Sea fishing sector; whereas analyses showed that the fisheries sector in the Black Sea suffered drastically during the pandemic with reduction of up to 80% of the work of the operating ships as well as initial reduction with around 75% of the production;
Amendment 72 #
2019/2159(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need to strengthen cooperation with third countries in the region with a view to efficiently managing fisheries resources and meeting challengUnderlines the high strategic and geopolitical stakes in the Black Sea basin due to the very specific environmental conditions, which demand special attention, tailored approach and collective actions aiming at sustainable Blue Economy and Growth; stresses the need to further strengthen and deepen the cooperation among all littoral Black Sea countries with a view to efficiently managing fisheries resources and meeting challenges; calls in this regard for a regional capacity plan, which ensures appropriate balance among available natural resources, environmental safety and the fleet capacity of all Black Sea littoral countries;
Amendment 76 #
2019/2159(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that cooperation on equal footing in the field of fisheries management is needed in the Black Sea region because of the shared stocks and global challenges, which go beyond national borders;
Amendment 79 #
2019/2159(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Urges the inclusion of all Black Sea countries in the GFCM-Lex project in order to facilitate and coordinate better and faster the common management of fish stocks;
Amendment 80 #
2019/2159(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that statistics show that a large proportion of keyIs concerned that after decades of increasing human pressure on the Black Sea marine and the Danube river's ecosystems and fisheries resources, the latest data suggests that more than 75% of the fish stocks are being overfished; stresses that this has been a growing trend in recent years; notes that there have been some positive trends in the past years for some stocks, for example the turbot, whose TAC quota has been increased for the period 2020-2022, however there is no significant improvement on a general scale for the Black Sea yet;
Amendment 83 #
2019/2159(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recognizes the role of the administrations in the whole Black Sea basin, which bring together different policies and which execute monitoring, control, sustainable management, which contribute to improving the sustainability of the fishing sector;
Amendment 84 #
2019/2159(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Calls on the Bulgarian and Romanian authorities to help the sector through securing resources specifically targeted at improving the selectivity of the fishing vessels through better mesh nets; believes that such a targeted measure will reduce the quantities and varieties of unwanted by-catch;
Amendment 85 #
2019/2159(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Calls for integrating of the institutional and human capital of the Black Sea littoral countries for joint research and applied activities aiming at improvement of the bio resources of the Black Sea and the stocks of the economically important species;
Amendment 89 #
2019/2159(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the need for funding for scientific bodies researching stocks both of fish species, including migratory species such as the sturgeon and the Black Sea shads, and non-fish species (veined whelks, mussels, etc.);
Amendment 90 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the regional research programme on the population of the rapa whelk initiated by GFCM as it will help reach consensus on the species; believes that this can help develop science-based exploitation, which could bring socio- economic profits to the communities and environmental benefits for the Black Sea ecosystem by limiting the impact of this invasive species;
Amendment 91 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Stresses the importance of applying zero-tolerance policy towards IUU fishing in the Black Sea; welcomes the efforts of GFCM in this regard and urges all littoral states to put and combine efforts against IUU fishing also in their waters;
Amendment 92 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Urges all littoral states to promote sustainable fishing which among other things includes combating overfishing and or limiting to zero by-catches of endangered species, such as the sturgeons, shads and others;
Amendment 93 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Urges all intergovernmental institutions and organs, with participation of all Black Sea littoral states among others, to facilitate and monitor and in line with their commitments to share data on fishery resources in a thorough and all-inclusive manner in order to ensure high ecosystem status of the marine habitats;
Amendment 94 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3 e. Reminds that reliable official statistics, collected regularly through a harmonised methodology among all littoral states, regular monitoring and common regulatory measures are crucial for the success of proper fisheries management in the Black Sea; calls in this regard the respective authorities in both member states and also the cooperating countries to conduct regular and thorough research on the fish resources for which national funding and aid is be key;
Amendment 95 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3 f. Stresses the need also for local and regional communication cooperation within the different Black Sea littoral states, so that common and coherent approach to the management of the fish stocks can be executed;
Amendment 96 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 g (new)
Paragraph 3 g (new)
3 g. Reminds the potential, which the new technologies provide and the high added value to the research and planning of the fisheries management which they can have; reminds that there are projects funded through the EMFF which aim among other things at mapping the sea bottom and its research as well as presence of plastics in it, among other things;
Amendment 97 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 h (new)
Paragraph 3 h (new)
3 h. Urges the Black Sea littoral states to invest in digitalisation of statistics and data about the fisheries stock in the Black Sea basin in order to facilitate the better and sustainable management of the stocks; calls for a common methodology on tabling and using this data;
Amendment 98 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 i (new)
Paragraph 3 i (new)
3 i. Calls on the fishing industry in the region to consider making use of the underrated and not used resources of fishing, which also constitute a source of proteins;
Amendment 99 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 j (new)
Paragraph 3 j (new)
3 j. Invites the scientific communities in the member states to research the potential of the oxygen free environment;
Amendment 100 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 k (new)
Paragraph 3 k (new)
3 k. Highlights the role of the non- governmental sector in the decision- making process vis-à-vis the Black Sea; recommends setting up a mechanism of inclusion of the NGO sector in this process;
Amendment 101 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 l (new)
Paragraph 3 l (new)
3 l. Welcomes the support that was provided to the fisheries and aquaculture sector through the EMFF programmes in order to soften the harsh effects of the Covid-19 pandemic on the local fishing sector; recalls however that not all affected stakeholders could benefit from that support due to administrative requirements and limitations, which has put some in more unfavourable situation than others;
Amendment 102 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 m (new)
Paragraph 3 m (new)
3 m. Underlines the important work, which the Black Sea Advisory Council does both on regional, but also EU level with providing expertise on the fisheries sector and the trends, which affect it; calls in this regard the Bulgarian and Romanian authorities to contribute for the functioning of the Council, so that it can fulfil its functions and also allow all stakeholders, the small-scale fishers included, to take part in the work and the decision-making process of this advisory council;
Amendment 103 #
2019/2159(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that through the fishing sector seafood can be offered for sale on local markets where consumption rates for such products are low; invites the competent authorities in Bulgaria and Romania to help the fishing and aquaculture sectors increase awareness about local consumption and the cumulative positive effects the sustainably grown or caught fisheries have for the local economy;
Amendment 104 #
2019/2159(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recognizes and underlines that Black Sea fisheries contribute to regional and local economies significantly by generating direct revenues and incomes, driving wider spending and providing crucial jobs either independently or via cooperation with other sectors such as tourism and transport; calls for deepening the cooperation among all sectors, which use the marine environment in order to achieve better results and balance between the interests of the environment, the industry and the artisanal fishers;
Amendment 106 #
2019/2159(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls that the fishing fleet of the Black Sea comprises mostly by small-scale fishing vessels, which underlines the need for a more tailor-made approach and policies towards this segment of the fishing sector; is worried that the small- scale fishers have uncertain livelihoods and lower incomes compared to other sectors, which makes them vulnerable to unforeseen developments or crisis; calls on the competent authorities in the littoral member states to include representatives of the small-scale fishing sector in the policy draft and discussions in a transparent and inclusive manner;
Amendment 107 #
2019/2159(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that there is rising global demand for the proteins found in fishery and aquaculture products, to which both the fisheries and the aquaculture production can have great contribution; considers that the possibility of supporting marine aquaculture can help the sector develop and grow in the years to come and also reduce the pressure on the wild stocks; is of the opinion, that sustainable aquaculture would require also further scientific research on issues such as density and side effects, which need to be taken into account, when designing policies for the aquaculture sector in the Black Sea;
Amendment 108 #
2019/2159(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on local fishing communities to consider classifyingintroducing designations origin for the Black Sea products as coming from an area of regional or local importance; calls on the local and regional authorities help these communities in their efforts of doing so;
Amendment 109 #
2019/2159(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States in the region to consider supporting the sector by, for example, developing specialised trade channels and marketsthrough inclusion in their national programmes for 2021-2027 or other national instruments, allocations for campaigns dedicated to the benefits of fish consumption and the importance of sustainable fisheries production and to support the sector create local food chains, to facilitate easier access to the market, especially for the small-scale fishers and to develop, improve or facilitate the fisheries infrastructure (f.e. fish markets or fish auction places etc.);
Amendment 112 #
2019/2159(INI)
7 a. Urges the competent authorities in Romania and Bulgaria to include in their respective EMFAF Operational programmes for the period 2021-2027an instalment of a targeted scheme for young fishers in order to rejuvenate the fishing sector, including supporting the first acquisition of a fishing vessel, and also measures targeted at reducing pollution by supporting investments in replacing the old fishing vessels engines with new more environment friendly ones;
Amendment 113 #
2019/2159(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Underlines that the pressure on adapting to new challenges should not fall solely on the fisheries and aquaculture sector, as these sectors already apply high environmental and social standards; calls therefore that the other marine activities should be in focus as well, such as recreational fisheries, coastal tourism, harbour and shipping activities and resources exploitation activities, which need to uplift their standards for successful Blue transition;
Amendment 114 #
2019/2159(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the role of Fisheries Local Action Groups (FLAGs) in exchanging and promoting best practices of interest for the sciences, local stakeholders and the industry both among the members of the respective fishing communities, but also through international cooperation; urges the competent authorities in Bulgaria and Romania to foresee national support for exchange of best practices with the other Black Sea littoral states, which have shown good practices in stock management for the economically important species, such as turbot, among others;
Amendment 115 #
2019/2159(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Pays attention to the necessity of preserving the good practices in the fisheries sector through reducing the economic burdens for the artisanal fishers and their associations;
Amendment 116 #
2019/2159(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for training in the sector to be made more attractiveand education in the sector on both secondary and higher education level to be made more attractive through for example targeted information campaigns, open days for perspective students in cooperation with the public and private sector;
Amendment 117 #
2019/2159(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Reminds that the low education level of the fishers (11% in Bulgaria and 53% in Romania) requires proactive measures on different levels in order to ensure that there is skilled and well trained labour force, which is familiar with the necessary technical, social and environmental standards, and which will help achieve better levels of sustainability of the stocks; calls for a strong societal dimension in the Black Sea region sustainable blue growth with respect to key principles of the European Pillar of Social Rights, especially with regard to precarious, seasonal and undeclared workers and to the access of women in the sector;
Amendment 118 #
2019/2159(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Welcomes the efforts for establishing demonstration centers in Romania, Turkey and Bulgaria, which has been in cooperation with GFCM and which has the potential of increasing the attractivity of the fisheries for the local businesses and stakeholders;
Amendment 119 #
Amendment 124 #
2019/2159(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for targeted measures and adequate resources to reduce pollution throughout the basin through joint programmes and budgets; calls for extensive research and estimates on the plastic pollution and the effects of plastics and other pollutants on the living organisms in the Black Sea; calls for systemic measurement of the nitrogen pollution in the Black Sea Basin;
Amendment 128 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recalls that the fisheries and aquaculture sectors do not case temperature rise and thus climate change, but rather suffer from its sequences such as increased aerial temperature, which increases the marine temperature in the upper layers;
Amendment 131 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Calls on the Black Sea littoral states to invest in scientific research and data collection with regard to the effect of the climate change on the Black Sea and Lower Danube ecosystems; reminds that this should include providing enough resources to the scientific community to conduct research on the spot with regards to the migratory routes, wintering, feeding and reaching reproductive maturation, which will also have an effect on the characteristics and availability of stocks;
Amendment 134 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
Amendment 135 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10 d. Is very concerned by the real threat of extinction for the remaining 5 sturgeon species in the Black Sea and Danube Delta basin; acknowledges the efforts undertaken by the authorities in Bulgaria and Romania, which have introduced a complete ban on sturgeon fishing in the Black Sea since 2008 and in the Danube river since 2011 and which was prolonged for 5 more years (until 2026); welcomes the refishing efforts with sturgeons, which have been undertaken and supported by experts from the non- governmental and state structures;
Amendment 136 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 e (new)
Paragraph 10 e (new)
10 e. Is concerned that the research on climate change and its effects on the Black Sea is not sufficient, while still crucial in the years to come; calls on the littoral states to fund such research, which covers the fish species (their physiology, migratory routes and reproduction) as well as the changes in their food chain, which has an effect on the stocks;
Amendment 137 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 f (new)
Paragraph 10 f (new)
10 f. Is of the opinion that regular measurements of the dynamics of the stocks is necessary so that adequate management measures can be designed; reminds that due to the overfishing and the anthropogenic pressure, the stocks of the economically significant species are more sensitive and vulnerable to climate change;
Amendment 138 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 g (new)
Paragraph 10 g (new)
10 g. Urges the respective control authorities to exercise effective control on NATURA 2000 sights and MPAs in the Black Sea;
Amendment 140 #
2019/2159(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Invites the Member States to develop the ex situ farming of sturgeon; invites the Member States to provide retraining programmes and access to other livelihoods for sturgeon fishermens, with an eye to reducing illegal catch levels;
Amendment 142 #
2019/2159(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses the urgent need to establish areas, in which wild populations of sturgeons, shads and other fish species can recover; calls on the competent authorities in the member states concerned to come up with a proposal in this direction, which will be both beneficial for the biodiversity conservation and for the fishery management;
Amendment 144 #
2019/2159(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Reminds that further scientific research is needed for the population of some molluscs such as the striped white venus clam (Chamalea gallina) in order to make better mapping of the distribution of the species and also explore the possibility of using it for marine aquaculture;
Amendment 145 #
2019/2159(INI)
12 c. Invites the Black Sea littoral states to find a common approach on helping the cetaceans reach stable population levels and improve their conservation status;
Amendment 146 #
2019/2159(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12 e. Calls on the Commission and the competent authorities in Bulgaria and Romania to provide funding for research on the state of the Black Sea shads (Alosa spp.) currently listed in Annex V of the Habitats Directive 92/43/EEC, with scientific and socio-economic analyses included, assessing the need to move Alosa spp. in Annex II or even Annex I of this Directive, if the necessary criteria are met;
Amendment 151 #
2019/2159(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Calls on the Commission to urgently consider transferring the sturgeons (Acipenseriformes) currently listed in Annex V of the Habitats Directive 92/43/EEC to Annex II or even Annex I of it;
Amendment 152 #
2019/2159(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Instructs its President to forward this resolution to the Council and to the Commiss, the Commission, the governments and parliaments of the Member States, the governments and parliaments of the Ukraine, the Russian Federation, Georgia and Turkey, the General Fisheries Commission for the Mediterranean and the Black Sea, the Organisation of the Black Sea Economic cooperation, the Commission on the Protection of the Black Sea Against Pollution.
Amendment 70 #
2016/0224(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) ‘In order to guarantee the rights of the applicant, a decision concerning his or her application should be given in writing. Where the decision does not grant international protection, the applicant should be given reasons in fact and in law, information on the consequences of the decision and the modalities for challenging it. Without prejudice to the applicant’s right to remain and to the principle of non-refoulement, such a decision may include, or may be issued together with, a return decision issued in accordance with Article 6 of Directive 2008/115/EC of the European Parliament and of the Council.
Amendment 74 #
2016/0224(COD)
Proposal for a regulation
Recital 31a
Recital 31a
(31a) In orWhere a Member State considers tohat it would increase the efficiency of procedures and to reduce the risk of absconding and the likelihood of unauthorised movements, if there should bare no procedural gasteps between the issuance of a negative decision on an application for international protection and of a return decision. A, it may issue a return decision should immediately be issued to applicants whose applications are rejected. Without prejudice to the right to an effective remedy, the return decision should either be part of the negative decision on an application for intThis possibility should in no way restrict Member States’ discretion as regards the use of Article 6(5) of Regulation (EU) 2016/399 1a or their discretion to issue residence permits or other authorisations under national protection or, if it is a separate act, be issued at the same time and together with the negative decision.’law granting a right to stay on the territory. _________________ 1a Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code).
Amendment 89 #
2016/0224(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) ‘Many applications for international protection are made at the external border or in a transit zone of a Member State, often by persons apprehended in connection with unauthorisedirregular crossings of the external border or disembarked following a search and rescue operation. In order to conduct identification, security and health screening at the external border and direct the third-country nationals and stateless persons concerned to the relevant procedures, a screening is necessary. There should be seamless and efficient links between all stages of the relevant procedures for all irregular arrivals. After the screening, tThird-country nationals and stateless persons should be channelled to the appropriate asylum or return procedure, or refused entry. A pre- entry phase consisting of screening and border procedures for asylum and return should therefore be established.’, or granted entry in accordance with Article 6(5) of the Schengen Borders Code.
Amendment 99 #
2016/0224(COD)
Proposal for a regulation
Recital 40a
Recital 40a
(40a) ‘ The purpose of the border procedure for asylum and return should be to quickly assess applications, at the external borders whether applications are unfounded or inadmissible and to, to determine whether they are well founded or unfounded. If unfounded, the procedure should allow for a swiftly return of those with no right to stay and who have been issued a return decision, while ensuring that those with well-founded claims are channelled into the regular procedure and provided quick access to international protection. Member States should therefore be able to require applicants for international protection to stay at the external border or in a transit zone in order to assess the admissibility of applications. In well-defined circumstances, Member States should be able to provide for the examination of the merits of an application and, in the event of rejection of the application, for tha decision on the possible return of the third-country nationals and stateless persons concerned at the externconcerned in a border procedure. However a border procedures should not be applied to unaccompanied minors, families with children, and other vulnerable applicants including those with special procedural border reception needs.
Amendment 105 #
2016/0224(COD)
Proposal for a regulation
Recital 40b
Recital 40b
(40b) Member State should be able to assess applications in a border procedure where the applicant is a danger to national security or public order, where the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision and where it is likely that the application is unfounded because the applicant is of a nationality for whom the number of decisions granting international protection in that Member State is lower than 210% of the total number of decisions for that third country. In other cases, such as same way, when the applicant is from a safe country of origin or a safe third country, the use of the border procedure should be optional for the Member States.
Amendment 116 #
2016/0224(COD)
Proposal for a regulation
Recital 40c
Recital 40c
(40c) When applying the border procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the apcomplicants at or close to the external border or transit zones, in accordance withce with the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] as regards accommodation for applicants. Member States may process the applications at a different location at the external border than that where the asylum application is made by transferring applicants to a specific location at or in the proximity of the external border ofin that Member States where appropriate facilities exist. Member States should retain discretion in deciding at which specific locations at the external borders such facilities should be set up. However, Member States should seek to limit the need for transferring applicants for this purpose, and therefore aim at setting up such facilities with sufficient capacity atThey should notify the Commission of the specific locations at which the border cprossing points, or sections of the external border, where the majority of the number of applications for international proteccedures will be carried out. In cases where the border procedure is applied and the capacity of the locations are made, also taking into account the length of the external border and the number of border crossing points or transit zones. They should notify the Commission of the specific locations at the external border, transit zones or proximity of the external border where the border procedures will be carried outs notified by a Member State is temporarily exceeded, Member States may process those applications at another location within its territory, for the shortest time possible. In cases where the border procedure is applied and the capacity of the locations at or in proximity of the external border as notified by a Member State is temporarily exceeded, Member States may process those applications at another location within its territory, for the shortest time possible.
Amendment 125 #
2016/0224(COD)
Proposal for a regulation
Recital 40d
Recital 40d
(40d) In case where the use of the border procedure is an obligation, Member States should by way of exception not be required to apply itMember States should not apply the border procedure for the examination of applications for international protection from nationals of a third country that does not cooperate sufficiently on readmission, since a swift return of the persons concerned, following rejection of their applications, would be unlikely in that case. The determination of whether a third country is cooperating sufficiently on readmission should be based on the procedures set out in Article 25a of Regulation (EC) No 810/2009.
Amendment 132 #
2016/0224(COD)
Proposal for a regulation
Recital 40e
Recital 40e
(40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 12 weeks. This deadline should be understood as a stand-alone deadline for the asylum border procedure, encompassing both the decision on the examination of the application as well as the decision of the first level of appeal, if applicable. Within this period, and without prejudice to the independence of the judiciary, Member States are entitled to set the deadline in national law both for the administrative and for the appeal stage, but should set them in a way so as to ensure thatable the examination procedure isto be concluded and that subsequently, if relevant, thea decision on the first level of appeal isto be issued within this maximum 12 weeks. After that period, if the Member State nevertheless failed to take the relevant decisions, the applicant should in principle be authorised to enter the territory of the Member State. Entry into the territory should however not be authorised where the applicant has no right to remain, where he or she has not requested to be allowed to remain for the purpose of an appeal procedure, or where a court or tribunal has decided that he or she should not be allowed to remain pending the outcome of an appeal procedure. In such cases, to ensure continuity between the asylum procedure and the return procedure, the return procedure should also be carried out in the context of a border procedure for a period not exceeding 12 weeks. This period should be counted starting from the moment in which the applicant, third- country national or stateless person no longer has a right to remain or is no longer allowed to remainWhere a final decision is not taken within 12 weeks, the border procedure shall end and the applicant shall be allowed to enter the territory of the Member State.
Amendment 140 #
2016/0224(COD)
Proposal for a regulation
Recital 40f
Recital 40f
(40f) While the border procedure forAdministrative detention during the examination of an application for international protection can be applied without recourse to detention,should remain a measure of last resort. Any detention decision must be based on an individual assessment and determined to be necessary, reasonable and proportionate to a legitimate purpose. Member States should nevertheless be able to apply the grounds for detention during the border procedure in accordance with the provisions of the [Reception Conditions] Directive (EU) XXX/XXX in order to decide on the right of the applicant to enter the territory. If detention is used during such procedure, the provisions on detention of the [Reception Conditions] Directive (EU) XXX/XXX should apply, including the guarantees for detained applicants and the fact that an individual assessment of each case is necessary, judicial control and conditions of detention.
Amendment 144 #
2016/0224(COD)
Proposal for a regulation
Recital 40 g
Recital 40 g
(40g) When an application is rejected in the context of the border procedure, the applicant, third-country national or stateless person concerned should be immediately subject to a return decision or, where the conditions ofMember State in question may issue the applicant a return decision provided that it respects Article 145 of Regulation (EU) No 2016/399 of the European Parliament and of the Council10 are met, to a refusal of entry. To guarantee the equal treatment of all third-country nationals whose application has been rejected in the context of the border procedure, where a Member State has decided not to apply the provisions of Directive XXX/XXX/EU [Return Directive] by virtue of Article 2(2), point (a), of that Directive and does not issue a return decision to the third-country national concernedthe Directive on common standards and procedures in Member States for returning illegally staying third-country nationals (‘the Returns Directive’)2a and due consideration has been given in the individual case to the application of Article 8, paragraphs 2 to 5 of that Directive. The Member State may also, twhe treatment and level of protecre the conditions of the applicant, third- country national or stateless person concerned should be in accordance with Article 4(4) of Directive XXX/XXX/EU [Return Directive] and be equivalent to those applicable to persons subject to a return decision. _________________ 10Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 077 23.3.2016, p. 1Article 14 of Regulation (EU) No 2016/399 of the European Parliament and of the Council are met, issue a refusal of entry without prejudice to Article 6(5) of that Regulation. _________________ 2aDirective (EU) xxx/xxx of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals (recast).
Amendment 148 #
2016/0224(COD)
Proposal for a regulation
Recital 40 h
Recital 40 h
(40h) When applying the border procedure for carrying out return, certain provisions of the [recastthe Return Directive] should apply as these regulateto all elements of the return procedure that are not determined by this Regulation, notably those on definitions, more favourable provisions, non-refoulement, best interests of the child, family life and state of health, risk of absconding, obligation to cooperate, period for voluntary departure, return decision, removal, postponement of removal, return and removal of unaccompanied minors, entry bans, safeguards pending return, detention, conditions of detention, detention of minors and families and emergency situations. To reduce the risk of unauthorised entry and movement of illegally staying third-country nationals subject to the border procedure for carrying out return, a period for voluntary departure not exceeding 15 days may be granted to illegally staying third-country nationals, without prejudice for the possibility to voluntarily comply with the obligation to return at any moment.
Amendment 156 #
2016/0224(COD)
Proposal for a regulation
Recital 40i
Recital 40i
(40i) Where an applicant, third-country national or stateless person who was detained during the border procedure for the examination of theihis/her application for international protection no longer has a right to remain and has not been allowed to remain, Member States should be able to continue the detention for the purpose of preventing entry into the territory and carrying out the return procedure, respecting the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [Return Directive]. AWhere an applicant, third-country national or stateless person who was not detained during the border procedure for the examination of an application for international protection, and whoere that application was unsuccessful, and that applicant no longer has a right to remain and has not been allowed to remain, could also bthe dRetained if there is a risk of absconding, if he or she avoids or hampers return, or if he or she poses a risk to public policy, public security or national security. Detention should be for as short a period as possible and should not exceed the maximum duration of the border procedure for carrying out return. When the illegally staying third-country national does not return or is not removed within that period and the border procedure for carrying out return ceases to apply, the provisions of the [recast Return Directive] should apply. The maximum period of detention set by Article 15 of that Directive should include the period of detention applied duringurn Directive should apply. Member States may detain an applicant where other sufficient but less coercive measures cannot be applied effectively, for as short a period as possible and not exceeding the maximum duration of the border procedure for carrying ourt return.
Amendment 169 #
2016/0224(COD)
Proposal for a regulation
Recital 44a
Recital 44a
(44a) ‘An applicant who lodges a subsequent application at the last minute merely in order to delay or frustrate his or her removal should not be authorised to remain pending the finalisation of the decision declaring the application inadmissible in cases where it is immediately clear to the determining authoritya court or tribunal that no new elements have been presented and there is no risk of refoulement and provided that the application is made within one year of the decision by the determining authority on the first application. The determining authority shall issue a decision under national law confirming that these criteria are fulfilled in order for the applicant not to be authorised to remain. ’may request a court or tribunal to revoke an applicant’s right to remain in such cases.
Amendment 173 #
2016/0224(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) ‘For an applicant to be able to exercise his or her right to an effective remedy against a decision rejecting an application for international protection, and where a return decision has also been issued to the applicant, all effects of theat return decision should be automatically suspended for as long as the applicant has the right to remain or has been allowed to remain on the territory of a Member State. To improve the effectiveness of procedures at the external border, while ensuring the respect of the right to an effective remedy, appeals against decisions taken in the context of the border procedure should take place only before a single level of jurisdiction of a court or tribunal.
Amendment 178 #
2016/0224(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) Applicants should, in principle, have the right to remain on the territory of a Member State until the time-limit for lodging an appeal before a court or tribunal of first instance expires, and, where such a right is exercised within the set time-limit, pending the outcome of the appeal. It is only in the limited cases set out in this Regulation, where applications are likely to be unfounded, that the applicant should not have an automatic right to remain for the purpose of the appeal.
Amendment 182 #
2016/0224(COD)
Proposal for a regulation
Recital 66a
Recital 66a
(66a) ‘In cases where the applicant has no automatic right to remain for the purpose of the appeal, a court or tribunal should still be able to allow the applicant to remain on the territory of the Member State pending the outcome of the appeal, upon the applicant’s request or acting of its own motion. In such cases, applicants should have a right to remain until the time-limit for requesting a court or tribunal to be allowed to remain has expired and, where the applicant has presented such a request within the set time-limit, pending the decision of the competent court or tribunal. In order to discourage abusive or last minute subsequent applications, Member States should be able to provide in national law that applicants should have no right to remain during that period in the case of rejected subsequent applications, with a view to preventing further unfounded subsequent applications. In the context of the procedure for determining whether or not the applicant should be allowed to remain pendinga court or tribunal is requested to revoke the applicant’s right to remain for the purpose of the appeal, the applicant’s rights of defence should be adequately guaranteed by providing him or her with the necessary interpretation and legal assistance. Furthermore, the competent court or tribunal should be able to examine the decision refusing to grant international protection in terms of facts and points of law.
Amendment 185 #
2016/0224(COD)
Proposal for a regulation
Recital 66b
Recital 66b
(66b) In order to ensure effective returns, applicants should not have athe efficacy of the asylum and return procedures, a court or tribunal should be able to revoke an applicant’s right to remain on the Member State’s territory at the stage of a second or further level of appeal before a court or tribunal against a negative decision on the application for international protection, without prejudice to the possibility for a court or tribunal to allow the applicant to remain. Furthermore, Member States should not grant applicants the possibility to lodge a further appeal against a first appeal decision in respect of a decision taken in a border procedure.
Amendment 191 #
2016/0224(COD)
(66c) To ensure the consistency of the legal review carried out by a court or tribunal on a decision rejecting an application for international protection and the accompanyingany related return decision, and with a view to accelerating the examination of the case and reducing the burden on the competent judicial authorities, it should be possible that such decisions should bare subject to common proceedings before the same court or tribunal.
Amendment 193 #
2016/0224(COD)
Proposal for a regulation
Recital 66d a (new)
Recital 66d a (new)
(66d a)In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, upon irregular arrival at the EU’s external borders, during border surveillance, screening, the asylum procedure or the return procedure, each Member State should establish a monitoring mechanism and put in place adequate safeguards for the independence of that mechanism, in particular by involving national human rights institutions, national ombudspersons, international organisations or relevant non- governmental organisations in the management and operation of the mechanism. The monitoring mechanism should cover in particular the respect for fundamental rights in relation to border surveillance, the screening, asylum and return procedures, as well as the respect for the applicable rules regarding detention and compliance with the principle of non-refoulement as referred to in Article 3(b) of Regulation (EU) 2016/399. The Fundamental Rights Agency (FRA) should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. Member States should furthermore be allowed to request the support of the FRA for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the FRA with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. The independent monitoring mechanism should be in addition and without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896, the monitoring mechanism for the purpose of monitoring the operational and technical application of the Common European Asylum System (CEAS) as set out in Article 14 of Regulation (EU) xxxx/xxxx [EU Asylum Agency Regulation] and without prejudice to monitoring of fundamental rights carried out by existing national or international monitoring bodies. The Member States should investigate allegations of the breach of fundamental rights during border surveillance, the screening, asylum and return procedures, including by ensuring that complaints are dealt with promptly, expeditiously and capable of leading to the identification and sanction of those responsible in an appropriate manner.
Amendment 201 #
2016/0224(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 205 #
2016/0224(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
Amendment 212 #
2016/0224(COD)
Proposal for a regulation
Article 35 a
Article 35 a
Where an application is rejected as inadmissible, unfounded or manifestly unfounded with regard to both refugee status and subsidiary protection status, or as implicitly or explicitly withdrawn, Member States shallmay issue a return decision that respects Directive XXX/XXX/EU [Return Directive]. The return decision shall be issued as part of the decision rejecting the application for international protection or, inAs it is a separate decision, the return decision shall be issued as a separate act. Where tThe return decision is issued as a separate act, it shallmay be issued at the same time and together with the decision rejecting the application for international protection.’
Amendment 217 #
2016/0224(COD)
Proposal for a regulation
Article 40 – point a – paragraph 1 – point i
Article 40 – point a – paragraph 1 – point i
(i) ‘ the applicant is of a nationality or, in the case of stateless persons, a former habitual resident of a third country for which the proportion of decisions by the relevant national determining authority granting international protection is, according to the latest available yearly Union-wide average Eurostat data, 20% or lower,Eurostat data, 10% or lower, unless the applicant is an unaccompanied minor, a minor, an accompanying family member of a minor, or a vulnerable applicant, including those with special procedural or reception needs, or unless a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or the applicant belongs to a category of persons for whom the proportion of 210% or lower cannot be considered as representative for their protection needs;’
Amendment 221 #
2016/0224(COD)
Proposal for a regulation
Article 40 – point b – paragraph 5 – point c
Article 40 – point b – paragraph 5 – point c
Amendment 229 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. Following the screening procedure carried out in accordance with Regulation (EU) No XXX/XXX [Screening Regulation], and provided that the applicant has not yet been authorised to enter Member States’ territory, a Member A Member State may examine an application in a border procedure where that application has been made by a third- country national or stateless person who does not fulfil the conditions for entry in the territory of a Member State as set out in Article 6 of Regulation (EU) 2016/399. The border procedure may take place:
Amendment 240 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
(b) following apprehension in direct connection with an unauthorised crossing of the external borderirregular border crossing;
Amendment 253 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 2 – point a
Article 41 – paragraph 2 – point a
Amendment 260 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
Amendment 272 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4 – first paragraph
Article 41 – paragraph 4 – first paragraph
4. A Member State may decideshall not to apply paragraph 3a border procedure to nationals or stateless persons who are habitual residents of third countries for which that Member State has submitted a notification to the Commission in accordance with Article 25a(3) of Regulation (EC) No 810/2009.
Amendment 276 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4 – second subparagraph
Article 41 – paragraph 4 – second subparagraph
Where, following the examination carried out in accordance with Article 25a(4) of Regulation (EC) No 810/2009, the Commission considers that the third country is cooperating sufficiently, the Member State shallmay again apply the provisions of paragraph 3.
Amendment 278 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4 – third subparagraph
Article 41 – paragraph 4 – third subparagraph
Amendment 290 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
5. The border procedure may onlyshall not be applied to unaccompanied minors and to minors below the age of 12 and their family members in the cases referred to in Article 40(5) (b)with their family members.
Amendment 325 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 9 – point b
Article 41 – paragraph 9 – point b
(b) the necessary support cannot be provided to applicants with special procedural needs in the locations referred to in paragraph 14;re are vulnerable applicants with specific reception needs or in need of special procedural guarantees
Amendment 334 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 9 – subparagraph 2
Article 41 – paragraph 9 – subparagraph 2
In such cases, the competent authority shall authorise the applicant to enter the territory of the Member State, if he or she has not already been authorised to do so.
Amendment 336 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 10
Article 41 – paragraph 10
Amendment 343 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 11 – subparagraph 1
Article 41 – paragraph 11 – subparagraph 1
11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. It shall encompass the decision referred to in paragraph 2 and 3 and anymay include a decision on an appeal if applicable and shall be completed within 12 weeks from when the application is registered. FIf, following that period, the first instance decision and the decision on appeal, if applicable, have not been taken, the applicant shall be authorised to enter the Member State’s territory except when Article 41a(1) is applicableif he or she has not already been to do so.
Amendment 348 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 11 – subparagraph 2
Article 41 – paragraph 11 – subparagraph 2
Amendment 362 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1– point b
Article 41 – paragraph 12 – subparagraph 1– point b
(b) a court or tribunal has revoked the applicant has no’s right to remain in accordance with Article 54 and has not requested to be allowed to remain for the purposes of an appeal procedure within the applicable time-limit;
Amendment 364 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1 – point c
Article 41 – paragraph 12 – subparagraph 1 – point c
Amendment 370 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 2
Article 41 – paragraph 12 – subparagraph 2
In such cases, where the applicant has been subject to a return decision issued in accordance with the Directive XXX/XXX/EU [Return Directive] or a refusal of entry in accordance with Article 14 of Regulation (EU) 2016/399, Article 41a shallmay be applyied.
Amendment 376 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 13
Article 41 – paragraph 13
13. During the examination of applications subject to a border procedure, the applicants shall be keptmay be accommodated at or in proximity to the external border or transit zones provided that the conditions of reception comply with Directive (EU) XXX/XXX. Each Member State shall notify to the Commission, [two months after the date of the application of this Regulation] at the latest, the locations where the border procedure will be carried out, at the external borders, in the proximity to the external border or transit zones, including when applying paragraph 3 and ensure that the capacity of those locations is sufficient to process the applications covered by that paragraph. Any changes in the identification of the locations at which the border procedure is applied, shall be notified to the Commission two months in advance of the changes taking effect.
Amendment 389 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 14
Article 41 – paragraph 14
14. In situations where the capacity of the locations notified by Member States pursuant to paragraph 143 is temporarily insufficient to process the applicants covered by paragraph 3border procedures, Member States may designate other locations within the territory of the Member State and upon notification to the Commission accommodate applicants there, on a temporary basis and for the shortest time necessary.
Amendment 400 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 1
Article 41 a – paragraph 1
1. Third-country nationals and stateless persons whose application is rejected in the context of the procedure referred to in Article 41 and who have not been authorised to enter the territory of the Member State, shall not be authorised to enter the territory of theat Member State, without prejudice to Article 6(5) of the Regulation (EU) 2016/399.
Amendment 404 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 2
Article 41 a – paragraph 2
2. Persons referred to in paragraph 1 shall be keptaccommodated for a period not exceeding 12 weeks in locations at or in proximity to the external border or transit zones; where a Member State cannot accommodate them in those locations, it can resort to the use of other locations within its territory. The 12- week period shall start from when the applicant, third-country national or stateless person no longer has a right to remain and no longer has a right to remain or has had his or her right to remain revoked by a court or tribunal. Unaccompanied minors, minors with their families, and other vulnerable groups including persons with specific reception needs or isn not allowed to remaieed of special procedural guarantees shall be exempted from the border procedure for carrying out return.
Amendment 410 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 3
Article 41 a – paragraph 3
3. For the purposes of this Article, Article 3, Article 4(1), Articles 5 to 7, Article 8(1) to (5), Article 9(2) to (4), Articles 10 to 13, Article 15, Article 17(1), Article 18(2) to (4) and Articles 19 to 21 of Directive XXX/XXX/EU [recast Return Directive] shall applyWhen applying the border procedure for carrying out return, the Return Directive applies to all elements of the return procedure that are not regulated in this Article.
Amendment 418 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 4
Article 41 a – paragraph 4
4. Without prejudice to the possibility to return voluntarily at any moment, persons referred to in paragraph 1 may be granted a period for voluntary departure not exceeding 15of 30 days.
Amendment 423 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 5
Article 41 a – paragraph 5
5. PA persons referred to in paragraph 1 who haves been detained during the procedure referred to in Article 41 and who no longer haves a right to remain and are not allowed to remainor who has had her/ his right to remain revoked by a court or tribunal may continue to be detained for the purpose of preventing entry into the territory of the Member State, preparing the return or carrying out the removal process.
Amendment 426 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 6
Article 41 a – paragraph 6
6. PA persons referred to in paragraph 1 who no longer haves a right to remain and are not allowed to remainor who has had her/his right to remain revoked by a court or tribunal, and who wereas not detained during the procedure referred to in Article 41, may be detained if there is a risk of absconding within the meaning of Directive XXX/XXX/EU [Return Directive], if they/she avoids or hampers the preparation of return or the removal process or they pose a risk to public policy, public security or national security. Detention should remain a measure of last resort and may be used if no other sufficient but less coercive measures can be applied effectively. Any detention decision shall be taken on the basis of an individual assessment, and shall be determined to be necessary, reasonable and proportionate to a legitimate purpose.
Amendment 433 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 7
Article 41 a – paragraph 7
7. Detention shall be maintained for as short a period as possible, and only as long as removal arrangements are in progresa reasonable prospect of removal exists and executed with due diligence. The period of detention shall not exceed the period referred to in paragraph 2 and shall be included in the maximum periods of detention set in Article 15 (5) and (6) of Directive XXX/XXX/EU [Return Directive].
Amendment 435 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 8
Article 41 a – paragraph 8
Amendment 442 #
2016/0224(COD)
Proposal for a regulation
Article 43 – subparagraph 2 – point c
Article 43 – subparagraph 2 – point c
(c) a first subsequent application has been lodged within one year of the decision of the determining authority on the first application merand a court or tribunal has determined that it has been lodged solely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State, pending the finalisation of the decision declaring that application inadmissible in cases where it is immediately clear to the determining authority that no new elements have been presented in accordance with Article 42(4)’
Amendment 447 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – point a a (new)
Article 53 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) a decision to channel the applicant into an accelerated procedure in accordance with Article 40;
Amendment 448 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – point a b (new)
Article 53 – paragraph 1 – subparagraph 1 – point a b (new)
(ab) a decision to channel the applicant into a border procedure in accordance with Article 41;
Amendment 449 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – point a c (new)
Article 53 – paragraph 1 – subparagraph 1 – point a c (new)
(ac) a decision to apply detention during a border procedure;
Amendment 450 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – point b
Article 53 – paragraph 1 – subparagraph 1 – point b
(b) a decision rejecting an application as unfounded or manifestly unfounded in relation to both refugee and subsidiary protection status;
Amendment 460 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 2
Article 53 – paragraph 1 – subparagraph 2
Return decisions shallmay be appealed before the same court or tribunal and within the same judicial proceedings and the same time-limits as decisions referred to in points (a), (b), (c) and (d).
Amendment 462 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Persons recognised as eligible for subsidiary protection shall have the right to an effective remedy against a decision considering their application unfounded in relation to refugee status. Where subsidiary protection status granted by a Member State offers the same rights and benefits as refugee status under Union and national law, the appeal against that decision in that Member State may be considered as inadmissible where provided for in national law.
Amendment 467 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. An effective remedy within the meaning of paragraph 1 shall provide for a full and ex nunc examination of both facts and points of law, at least an oral hearing before a court or tribunal of first instance, including, where applicable, an examination of the international protection needs pursuant to Regulation (EU) No XXX/XXX [Qualification Regulation].
Amendment 475 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 6
Article 53 – paragraph 6
Amendment 478 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 7 – introductory part
Article 53 – paragraph 7 – introductory part
7. Member States shall lay down the following time-limits in their national lawin their national law time-limits of at least 15 working days from receipt of the notification of a decision rejecting an application, for applicants to lodge appeals against the decisions referred to in paragraph 1:.
Amendment 479 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 7 – point a
Article 53 – paragraph 7 – point a
Amendment 484 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 7 – point b
Article 53 – paragraph 7 – point b
Amendment 490 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 7 – point b a (new)
Article 53 – paragraph 7 – point b a (new)
(ba) Member States may extend the time limits laid down in this paragraph if the specific circumstances of the application make it necessary.
Amendment 493 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 9
Article 53 – paragraph 9
Amendment 499 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The effects of a return decision shall be automatically suspended for as long as an applicant has a right to remain or is allowed to remain in accordanceuntil the time-limit within which to exercise their right to an effective remedy before a court or tribunal of first instance has expired and, where such a right has been exercised within this Articlee time-limit, pending the outcome of the remedy.
Amendment 503 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
Amendment 509 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3 – introductory part
Article 54 – paragraph 3 – introductory part
3. The applicant shall not have the right to remain pursuant to paragraph 2 where the competentA court or tribunal shall have the power to revoke the applicant’s right to remain pursuant to paragraph 1, in relation to a second level of appeal, upon request by the determining authority, where that determining authority has taken one of the following decisions:
Amendment 510 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3 – point a
Article 54 – paragraph 3 – point a
(a) a decision which rejects an application as unfounded or manifestly unfounded if at the time of the decision any of the circumstances listed in Article 40(1) and (5) apply [including safe country of origin] or in the cases subject to the border procedure;
Amendment 513 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3 – point b
Article 54 – paragraph 3 – point b
(b) a decision which rejects an application as inadmissible pursuant to Article 36(1)(a) [first country of asylum] or (c) [subsequent applications without new elements];
Amendment 514 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3 – point d
Article 54 – paragraph 3 – point d
Amendment 516 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3 – point e
Article 54 – paragraph 3 – point e
Amendment 519 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 4
Article 54 – paragraph 4
Amendment 525 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 5 – introductory part
Article 54 – paragraph 5 – introductory part
5. For the purpose of paragraph 42, the following conditions shall apply:
Amendment 527 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 5 – point a
Article 54 – paragraph 5 – point a
(a) the applicant shall have a time- limit of at least 5 days from the date when the decision is notified to him or her to request to be allowed to remain on the territory pending the outcome of the remedyrequest to revoke the right to remain shall be made by the determining authority within 5 days from the date when the applicant has lodged her/his appeal;
Amendment 529 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 5 – point d – point i
Article 54 – paragraph 5 – point d – point i
(i) until the time-limit for requesting a court or tribunal toa court or tribunal has ruled on whether or not he/she shall be allowed to remain has expired;on the territory.
Amendment 530 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 5 – point d – point ii
Article 54 – paragraph 5 – point d – point ii
Amendment 534 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 6
Article 54 – paragraph 6
6. In cases of subsequent applications, by way of derogation from paragraph 6, point (d)and only where the application is made within one year of the decision by the determining authority ofn this Articlee first application, Member States may provide in national law that the applicant shall not have a right to remain, without prejudice to the respect of the principle of non-refoulement, if the appeal has been made merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State, that a court or tribunal, acting on a request from the determining authority, may revoke the applicant’s right to remain in cases where it is immediately clear to the court that no new elements have been presented in accordance with Article 42(4).
Amendment 538 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 7
Article 54 – paragraph 7
7. An applicant who lodges a further appeal against a first or subsequent appeal decision shall notmay have athe right to remain on the territory of the Member State, without prejudice to the possibility for a court or tribunal to allow the applicant to remain upon the applicant’s request or acting ex officio.’ revoked by a court or tribunal, acting on a request from the determining authority.
Amendment 539 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 7
Article 54 – paragraph 7
7. An applicant who lodges a further appeal against a first or subsequent appeal decision shall notmay have athe right to remain on the territory of the Member State, without prejudice to the possibility for a court or tribunal to allow the applicant to remain upon the applicant’s request or acting ex officio.’ revoked by a court or tribunal, acting on a request from the determining authority.
Amendment 540 #
2016/0224(COD)
Proposal for a regulation
Article 54 a (new)
Article 54 a (new)