759 Amendments of Maria WALSH
Amendment 199 #
2024/2081(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Recognizes the threat of deep-fake technology, especially to women, whose images are often manipulated without consent for harassment and abuse; highlights that deep-fake content disproportionally targets women causing harm; urges EU to implement safeguards to detect and prevent harmful deep-fakes and to address gender-specific digital threats within AI regulations.
Amendment 2 #
2024/0176(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes note of the EUR 53,75 billion in commitments and EUR 51,12 billion in payment for agriculture; regrets the decrease compared to 2024 and calls for a budget increase considering the challenges farmerthe agricultural sector and our rural communities will face in 2025;
Amendment 21 #
2024/0176(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that people living in rural areas, including farmers, have particular mental health challenges associated with the risk of disconnection and lack of access to mental health services, with suicide rates among farmers being 20 % higher than the national average in some Member States; therefore calls for mental health supports for farmers to be specifically integrated into EU agricultural policies through the provision of long-term funding;
Amendment 23 #
2024/0176(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the ongoing negative cascade effects Russia’s war against Ukraine has on European agriculture, such as high input prices, inflation or market disturbances and calls on the Commission and Member States to adjust their funding accordingly;
Amendment 61 #
2024/0176(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the recent CAP simplification package and notes it has no budgetary impact; calls for additional measures and resources to address the causes of farmers’ discontent across the EU, including specific funding to ensure Member States manage the implementation of the Nature Restoration Law;
Amendment 68 #
2024/0176(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the strengthening of support measures for young farmers; welcomes in that regard that the Commission has prioritised increasing access to land for young farmers in the upcoming CAP reform as gaining access to land is one of the largest obstacles for young people attempting to enter the agricultural sector;
Amendment 85 #
2024/0176(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to provide sufficient funding for the agricultural reserve to safeguard food security and water quality;
Amendment 110 #
2024/0176(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls for an increase in the Horizon Europe research budget for agriculture; emphasizes the vital role of innovation for a more competitive and sustainable agriculture, as well as the importance of digital transformation for both agricultural technology and tourism;
Amendment 120 #
2024/0176(BUD)
Draft opinion
Paragraph 11
Paragraph 11
11. Stresses the need to better address the impact of floods, droughts and wildfires on primary production, food security and farmers’ income through the establishment of an Emergency Response Strategy and Reaction Fund.
Amendment 13 #
2023/2053(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas authors are the creative source of all books;
Amendment 15 #
2023/2053(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the vast majority of European publishers are SMEs or even microenterprises;
Amendment 17 #
2023/2053(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas bookshops and libraries are the focal point for readership development and reading promotion, whilst contributing to social and digital inclusiveness;
Amendment 23 #
2023/2053(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the governments of some Member States have exerted influence and regulatory pressure on the book sector, which negatively impacts on freedom of expression and conflicts with EU values;
Amendment 28 #
2023/2053(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas readers, including young ones have shown a continued preference to read printed books;
Amendment 37 #
2023/2053(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the availability of digital books offers an opportunity to improve accessibility for people with disabilities, however this requires adequate investments in the production of different formats and the development of relevant skills;
Amendment 42 #
2023/2053(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the lack of interoperability between e-book formats reinforces the position of dominant market players, whilst restricting consumer choice and protection;
Amendment 54 #
2023/2053(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the need to ensure a balance in the book ecosystem by fulfilling the specific roles of the various actors of the value chain, such as authors, publishers, printers, distributors, translators, booksellers and libraries;
Amendment 67 #
2023/2053(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Invites the Commission in its mid- term review of the Creative Europe programme 2021-2027 to introduce measurable goals on how funding is used to improve the accessibility of books for persons with disabilities;
Amendment 79 #
2023/2053(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Member States to foster cultural diversity by increasing the acquisition budget of libraries, so that they can further expand the range of books that they offer, andto supporting local bookshops, to safeguard the appropriate remuneration of authors and the investment capacity of publishers;
Amendment 88 #
2023/2053(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the need to support the creation and translation of European books, in particular by enhancing public funding at both national and European levels so as to improve the circulation, visibility and diversity of translated books;
Amendment 91 #
2023/2053(INI)
8a. Underlines the importance of the mobility and exchanges between authors in order to facilitate their creative work and improve their opportunities to gain new professional experiences abroad;
Amendment 92 #
2023/2053(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Welcomes the new mobility action Culture Moves Europe in the frame of the Creative Europe Programme offering mobility grants to artists and cultural professionals, in particular for literary translators;
Amendment 93 #
2023/2053(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
Amendment 94 #
2023/2053(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Recalls that the ability of the book sector to maintain a diverse network of booksellers and innovation-driven market relies on proper education and training that allows people to pursue a career in the book industry;
Amendment 95 #
2023/2053(INI)
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Underlines that 2023 has been declared the European Year of Skills and calls on the Member States in this regard to support the education and training programs dedicated to the various actors of the book sector;
Amendment 98 #
2023/2053(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Supports further promotion of the EULP in the Member States, including via the creation of an EU category for European children’s books;
Amendment 100 #
2023/2053(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Underlines the positive role taken by influencers to promote books on social media in an innovative way, thus fostering reading and European culture among younger generations;
Amendment 111 #
2023/2053(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines the social role of libraries as places where citizens meet with authors and exchange views, in particular in small towns and less developed regions;
Amendment 125 #
2023/2053(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to ensure that sufficient funding continues to support the Ukrainian book sector, including artists and authors for the duration of the war and the reconstruction of the country;
Amendment 127 #
2023/2053(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Underlines the role taken by the Creative Europe Programme to fund some of these projects, such as the Tales of EUkraine initiative;
Amendment 143 #
2023/2053(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission to support research and innovation projects on the use of AI, in order to enhance the efficiency of the sector, notably with regard to environmental sustainability and accessibility for instance through Horizon Europe;
Amendment 147 #
2023/2053(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Underlines the importance of collecting data from publishers in order to display the origins of all parts of the book through the entire production chain, including information on paper certification and place of production;
Amendment 158 #
2023/2051(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the arts, the broader cultural and creative sectors, entertainment and sports play a fundamental role in human flourishing and in Europe’s social cohesion and economy; underlines that CCS professionals are key to the process of European integration;
Amendment 158 #
2023/2051(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the arts, the broader cultural and creative sectors, entertainment and sports play a fundamental role in human flourishing and in Europe’s social cohesion and economy; underlines that CCS professionals are key to the process of European integration;
Amendment 427 #
Amendment 429 #
2023/2051(INL)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 298 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. Member States shall take necessary measures to ensure that EU funding supports the European Disability Card’s production and implementation.
Amendment 308 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6 a. Holders of the European Disability Card shall be able to access the necessary support for persons with disabilities during the transition period of moving to another country to study or work until their disability has been certified by their new country of residence.
Amendment 319 #
2023/0311(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. European Parking Cards for persons with disabilities issued by Member States shall be mutually recognised in all Member States and during the transition period of moving from one country to another to study or to work.
Amendment 367 #
2023/0311(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 (new)
Article 9 – paragraph 2 – subparagraph 1 (new)
Member States shall take necessary measures to ensure clear steps to involve engagement with persons with disabilities and their representative organisations in the European Disability Card’s implementation and surveillance.
Amendment 182 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/29/EU
Article 3a - paragraph 1 - point c
Article 3a - paragraph 1 - point c
(c) refer victims to specialised support services and/or specialised helplines and/or restorative justice services if needed.
Amendment 256 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2012/29/EU
Article 8
Article 8
2. Member States shall ensure that victims are contacted by the relevant general or specialised support services or restorative justice services if the individual assessment referred to in Article 22 demonstrates the need for support and the victim consents to be contacted by support services or if the victim requests support.;’
Amendment 273 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2012/29/EU
Article 9 – paragraph 1
Article 9 – paragraph 1
(c) emotional and, where available, psychological support once they become aware of a status of a person as a victim. If the special need for psychological support has been demonstrated by individual assessment referred to in Article 22, psychological support shall be available to victims in need of such support for as long as necessary.;
Amendment 326 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2012/29/EU
Article 12 – paragraph 1
Article 12 – paragraph 1
(6a) in Article 12 of Directive 2012/29/EU, the following paragraph is inserted: "1) Member States shall take measures to establish access to restorative justice services for all victims of a crime, at any stage of the criminal proceedings in co- ordination with the provision of support services."
Amendment 327 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2012/29/EU
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
Amendment 330 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2012/29/EU
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
Amendment 331 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2012/29/EU
Article 12 – paragraph 1 – point e
Article 12 – paragraph 1 – point e
Amendment 332 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2012/29/EU
Article 12 – paragraph 1 – point f (new)
Article 12 – paragraph 1 – point f (new)
(6e) in Article 12, paragraph 1 of Directive 2012/29/EU, the following subparagraph is inserted: "f) restorative justice providers operate in a neutral way by ensuring that restorative justice is offered through a balanced distribution of independent, offender or victim oriented organisations following procedural standards on neutrality applicable to the facilitator and the process;"
Amendment 333 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2012/29/EU
Article 12 – paragraph 2
Article 12 – paragraph 2
"2. Member States shall facilitate the referral of cases, as appropriate to restorative justice services, including through the establishment of procedures or guidelines on the conditions for such referral."
Amendment 479 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16)
Article 1 – paragraph 1 – point 16)
Directive 2012/29/EU
Article 28 paragraph 7 (new)
Article 28 paragraph 7 (new)
7) The European Commission, together with its agencies, shall carry out regular data collection exercises relevant to priority issues as determined by the EU Coordinator for victims’ rights and the EU Victims’ Rights Platform.
Amendment 480 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2012/29/EU
Article 28 paragraph 8 (new)
Article 28 paragraph 8 (new)
8) Member States shall take the necessary measures to promote, support and, to the extent possible, fund or facilitate fund-raising for victim-centred research, including comparative research. Research shall, inter alia, focus on:
Amendment 481 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2012/29/EU
Article 28 paragraph 8a (new)
Article 28 paragraph 8a (new)
(16f) 8 a) criminal victimisation and its impact on victims;
Amendment 482 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2012/29/EU
Article 28 paragraph 8b (new)
Article 28 paragraph 8b (new)
8 b) the effectiveness of legislative and other measures for the support, compensation and protection of victims of crime;
Amendment 483 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2012/29/EU
Article 28 paragraph 8c (new)
Article 28 paragraph 8c (new)
8 c) the effectiveness of available interventions by criminal justice authorities, victim services and restorative justice programmes.
Amendment 9 #
2022/2091(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that from the non- participating Member States, the EPPO cooperates with Denmark, Hungary and Sweden, but regrets that the work of the EPPO, in particular the evidence gathering, is affected by a lack of cooperation from Ireland and Poland; welcomes the commitment by the Irish authorities to review their working arrangement with the EPPO in 2023;
Amendment 16 #
2022/2057(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes with regret that there has been a rise in violence towards journalists and media professionals, which is increasingly happening in countries officially at peace and is creating a general sense of insecurity; deplores that 57 journalists have been killed in 20221 , 78 journalists are being held hostage and 478 journalists are currently imprisoned2 ; demands that all detained journalists be released immediately; ‘in particular Women journalists face increasing offline and online attacks and are subject to disproportional and specific threats. The gender-based violence they are exposed to implies stigmatisation, sexist hate speech, trolling, physical assault, rape and murder.’ _________________ 1 https://cpj.org/data/killed/2022/?status=Kill ed&motiveConfirmed%5B%5D=Confirme d&motiveUnconfirmed%5B%5D=Unconfi rmed&type%5B%5D=Journalist&type%5 B%5D=Media%20Worker&start_year=20 22&end_year=2022&group_by=location 2 https://rsf.org/en/number-journalists- arbitrary-detention-surges-20-488- including-60-women
Amendment 87 #
2022/2026(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that the Common Provision Regulation for 2021-2027 outlines that the European Social Fund and the European Regional Development Fund must be used in a manner which is compliant with the EU social inclusion policies; calls therefore, for stricter provisions prohibiting the investment of EU funds into institutional care settings;
Amendment 114 #
2022/2026(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, in cooperation with the Member States, to collect disaggregated and reliable data and statistics in order to develop appropriate and effective policies to ensure an accessible society for all persons with disabilities in the EU, including on the number of persons living in institutional care;
Amendment 199 #
2022/2026(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to develop a comprehensive and cross- sectional European mental health strategy as an appropriate follow-up to the European Framework for Action on Mental Health and to improve the EU Compass for Action on Mental Health and Well-Being; Notes that this strategy should aim to require Member States to integrate mental healthcare with physical care in view of the close correlation between the two, to deliver effective care on the basis of evidence and human rights, to expand the number of services on offer to enable more people to access treatment;
Amendment 51 #
2022/0426(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2011/36/EU of the European Parliament and the Council28 constitutes the main Union legal instrument on preventing and combating trafficking in human beings and protecting the victims of this crime. That Directive sets out a comprehensive framework to address trafficking in human beings by establishing minimum rules concerning the definition of criminal offences and sanctions. It also includes common provisions to strengthen prevention and protection of all victims, taking into account the gender perspective. _________________ 28 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, OJ L 101, 15.4.2011, p. 1–11.
Amendment 52 #
2022/0426(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Member States should also note that the offence of harbouring described in Article 2(1) also means that the exploited victims are housed at disproportionately high prices in housing that is not proportionate to the rent. Harbouring therefore also means cases where either the trafficker himself or another landlord takes advantage of the ignorance or lack of alternatives of the exploited victims and makes substantial profits from this. Another landlord does not have to be part of the criminal infrastructure of the traffickers. It is sufficient that the landlord takes advantage of the predicaments that the traffickers have brought about.
Amendment 54 #
2022/0426(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The EU Strategy on Combatting Trafficking in Human Beings 2021-202529 sets out a policy response adopting a multi- disciplinary and comprehensive approach from prevention through protection of victims, to prosecution and conviction of traffickers. It included a series of actions to be implemented with the strong involvement of civil society organisations. In order to address evolving trends in the area of trafficking in human beings, as well as shortcomings identified by the Commission, and to further step up efforts against this crime, it is necessary, nevertheless, to amend Directive 2011/36/EU. Identified threats and trends, which require the adoption of new rules concern in particular regarding the modi operandi of traffickers, including the commission or facilitation of offences concerning trafficking in human beings by means of information and communication technologies. Identified shortcomings of the criminal law response requiring an adaptation of the legal framework relate to offences concerning trafficking in human beings committed in the interest of legal persons, to the data collection system, and to the national systems aimed at the early identification of, victims of trafficking, the provision of targeted and specialised assistance to and support forto those victims of traffickingand of the cooperation and coordination at EU level. _________________ 29 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU Strategy on Combatting Trafficking in Human Beings 2021–2025, COM(2021) 171 final, 14.4.2021.
Amendment 55 #
2022/0426(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The EU Strategy on Combatting Trafficking in Human Beings 2021-202529 sets out a policy response adopting a multi- disciplinary and comprehensive approach from prevention through protection of victims, to prosecution and conviction of traffickers. It included a series of actions to be implemented with the strong involvement of civil society organisations. In order to address evolving trends in the area of trafficking in human beings, as well as shortcomings identified by the Commission, and to further step up efforts against this crime, it is necessary, nevertheless, to amend Directive 2011/36/EU. Identified threats and trends, which require the adoption of new rules concern in particular regarding the modi operandi of traffickers, including the commission or facilitation of offences concerning trafficking in human beings by means of information and communication technologies. Identified shortcomings of the criminal law response requiring an adaptation of the legal framework relate to offences concerning trafficking in human beings committed in the interest of legal persons, to the data collection system, and to the national systems aimed at the early identification of, targeted and specialised assistance to and support for victims of trafficking and of the cooperation and coordination at EU level. _________________ 29 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU Strategy on Combatting Trafficking in Human Beings 2021–2025, COM(2021) 171 final, 14.4.2021.
Amendment 70 #
2022/0426(COD)
(5) An increasing number of offences concerning trafficking in human beings is committed or facilitated by means of information or communication technologies. T leading to a sharp increase of victims exploited online. The online dimension has become a significant and growing threat in regards to trafficking in human beings as traffickers use the iInternet and social media inter alia toas a method to establish comprehensive trafficking networks, communicate with other traffickers, recruit, advertise or exploit victims, exercise control and organise transport and accommodations. Internet and social media are also used to distribute exploitative materials. Information technology also hampers timely and geographical detection of the crime and identification of the victims and perpetrators. It is therefore important to explicitly include the online dimension of the crime into the legal frameworkin all its aspects and the linkage between the online and offline dimension of the crime into the legal framework in all its dimensions and to address it from prevention to prosecution.
Amendment 74 #
2022/0426(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In combatting trafficking in human beings, full use is to be made of existing instruments on the freezing and confiscation of proceeds and instrumentalities of crime, such as Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on asset recovery and confiscation]30 . The use of frozen and confiscated instrumentalities and proceeds from the offences referred to in Directive 2011/36/EU to support victims’ assistance and protection, including compensation of victims, should be made a priority. Member States should, to that effect, establish a national victims fund based on the confiscated assets and Union trans- border law enforcement counter-trafficking activities, should be encouraged. _________________ 30 COM (2022) 245.
Amendment 82 #
2022/0426(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to enhance the national prevention capability to identify victims at an early stage, and to refer them to the appropriate and specialised protection, assistance and support services, it is necessary to establish by laws, regulations or administrative provisions National Referral Mechanisms in the Member States. Establishing formal national referral mechanisms and appointing national focal points for the referral of victims are essential measures to enhance cross-border cooperation and coordination.
Amendment 85 #
2022/0426(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to ensure sufficient protection, support and assistance to potential victims of trafficking, it is necessary to ensure that victims are not charged with administrative or criminal offences or excluded from physical and psychological support measures because of their residence status.
Amendment 90 #
2022/0426(COD)
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8c) Given that 3 out of 4 trafficking cases concern women and that women and men are often trafficked for different purposes, it is important to have a gender- specific approach where appropriate in regards to support and assistance measures.
Amendment 94 #
2022/0426(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order to further reinforce and harmonise the criminal justice efforts on demand and supply reduction across Member States, it is important criminalise the use of services which are the objects of exploitation with the knowledge that the person is a victim of an offence concerning trafficking in human beings. Establishing this as a criminal offence is part of a comprehensive approach to demand reduction and eliminate the current culture of impunity, which aims to tackle the high levels of supply and demand that fosters all forms of exploitation.
Amendment 105 #
2022/0426(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The collection of accurate and coherent data and the timely publication of collected data and statistics are fundamental to ensure full knowledge on the scope of trafficking in human beings within the Union. Introducing a requirement for Member States in cooperation with relevant EU Agencies to collect and report to the Commission statistical data on trafficking in human beings every year in a harmonised way is expected to constitute a relevant step to enhance the general understanding of the phenomenon and to ensure the adoption of data- informed policies and strategies. Due to the importance of having up-to-date statistical data as soon as possible it is appropriate to determine the date of the application of the article on data collection at the earliest point in time, which is the entry into force of this Directive.
Amendment 107 #
2022/0426(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) In the light of the Stockholm Programme and with a view to developing a consolidated Union strategy against trafficking in human beings aimed at further strengthening the commitment of, and efforts made, by the Union and the Member States to prevent and combat such trafficking, Member States should, in order to commend the good work done by the EU Anti-Trafficking Coordinator in coordinating the EU’s response to trafficking in human beings and developing knowledge and findings on the various aspects of trafficking in human beings, including research into the gender dimension and the particular vulnerability of children, facilitate the tasks of an anti- trafficking coordinator, which may include for example improving coordination and coherence, avoiding duplication of effort, between Union institutions and related agencies as well as between Member States and inter-national actors, contributing to the development of existing or new Union policies and strategies relevant to the fight against trafficking in human beings or reporting to the Union institutions.
Amendment 139 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Directive 2011/36/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
In Article 2, paragraph 3 is replaced by the following: "3. Exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs. It shall also include cases of in-person interaction and intimate acts committed remotely through the misuse of information and communication technologies." Or. en (32011L0036)
Amendment 150 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2011/36/EU
Article 6 – paragraph 2 – point e (new)
Article 6 – paragraph 2 – point e (new)
Amendment 164 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/36/EU
Article 7 – Paragraph 2 (new)
Article 7 – Paragraph 2 (new)
In article 7, the following paragraph is added: 1. Member States shall take the necessary measures to ensure that their competent authorities are entitled to trace, freeze, manage and confiscate, in accordance with Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on asset recovery and confiscation]32 , the proceeds derived from, and instrumentalities used or intended to be used for the commission, or contribution to the commission, of the offences referred to in this Directive. 2. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to reverse the burden of proof in order to facilitate the freezing and confiscation in cases referred to in Articles 2 and 3. _________________ 32 COM (2022) 245.
Amendment 170 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2011/36/EU
Article 8
Article 8
(3a) Article 8 is replaced by the following: "1. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that the appointed competent national authorities are entitled not to prosecute or impose penalties on victims of trafficking in human beings for their involvement in criminal activities which they have been compellexploited into committing as a direct consequence of being subjected to any of the acts referred to in Article 2. 2. In accordance with the principle of non-discrimination, the principle of protection of victims and the right to effective access to justice, Member States shall ensure support and prevention measures apply to all victims in order to avoid their re-victimisation. 3. Member States shall support a close cooperation between law enforcement authorities and competent non-governmental organizations, particularly those which have already a trusted link with European and national law enforcement agencies, in order to support a linkage between victims and law enforcement with regards to the significance of the testimony of victims and their willingness to cooperate for the prosecution of any act referred to in Article 2 and 3." Or. en (https://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF)
Amendment 176 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Directive 2011/36/EU
Article 9
Article 9
Article 9 is replaced by the following: "1. Member States shall ensure that investigation into or prosecution of offences referred to in Articles 2 and 3 is not dependent on reporting or accusation by a victim or their legal representative and that criminal proceedings may continue even if the victim has withdrawn his or her statement of formal accusation. 2. Member States shall take the necessary measures to enable, where the nature of the act calls for it, the prosecution of an offence referred to in Articles 2 and 3 for a sufficient period of time after the victim has reached the age of majority. 3. Member States shall take the necessary measures to ensure that persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 2 and 3 are trained accordingly, in a gender sensitive way. 4. Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases are available to persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 2 and 3. " Or. en (https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32011L0036)
Amendment 182 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 d (new)
Article 1 – paragraph 1 d (new)
Directive 2011/36/EU
Article 11 – paragraph 1
Article 11 – paragraph 1
In Article 11, paragraph 1 is replaced by the following: "1. Member States shall take the necessary measures to ensure that assistance and support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Framework Decision 2001/220/JHA, and in this Directive. in a child and gender sensitive approach. This assistance and support should be available even if the victim does not want to pursue charges." Or. en (32011L0036)
Amendment 183 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2011/36/EU
Article 11 – paragraph 2
Article 11 – paragraph 2
(4a) In Article 11, paragraph 2 is replaced by the following: "2. Member States shall take the necessary measures to ensure that a person is provided with the necessary specialised physical and psychological assistance and support as soon as the competent authorities have a reasonable-grounds indication for believing that the person might have been subjected to any of the offences referred to in Articles 2 and 3. lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF)All victims must be referred to the necessary specialised victims’ supports services in order to conduct an individual assessment on their needs." Or. en (https://eur-
Amendment 184 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 e (new)
Article 1 – paragraph 1 e (new)
Directive 2011/36/EU
Article 11 – paragraph 2
Article 11 – paragraph 2
In Article 11, paragraph 2 is replaced by the following: "2. Member States shall take the necessary measures to ensure that a person is provided with specialised physical and psychological assistance and support as soon as the competent authorities have a reasonable-grounds indication for believing that the person might have been subjected to any of the offences referred to in Articles 2 and 3. " Or. en (32011L0036)
Amendment 186 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)
Article 1 – paragraph 1 – point 4 b (new)
Directive 2011/36/EU
Article 11– paragraph 3
Article 11– paragraph 3
(4b) Article 11– paragraph 3 is replaced by the following: "3. Member States shall take the necessary measures to ensure that assistance and support for a victim are not made conditional on the victim’s willingness to cooperate in the criminal investigation, prosecution or trial, without prejudice to Directive 2004/81/EC or similar national rules. lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF) and shall extend beyond the lifetime of the investigation where necessary, without prejudice to Directive 2004/81/EC or similar national rules." Or. en (https://eur-
Amendment 201 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 c (new)
Article 1 – paragraph 1 – point 4 c (new)
Directive 2011/36/EU
Article 11– paragraph 5
Article 11– paragraph 5
(4c) Article 11– paragraph 5 is replaced by the following: "5. The assistance and support measures referred to in paragraphs 1 and 2 shall be provided on a consensual and informed basis, and shall include at least standards of living capable of ensuring victims’ subsistence through measures such as the provision of appropriate and safe accommodation and material assistance, as well as necessary medical treatment including psychological assistance, counselling and information, and translation and interpretation services where appropriate. Support measures are also necessary for protection to be adequately afforded to those child victims who go through adoption and welfare services." Or. en (https://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF)
Amendment 202 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 f (new)
Article 1 – paragraph 1 f (new)
Directive 2011/36/EU
Article 11 – paragraph 5
Article 11 – paragraph 5
In Article 11, paragraph 5 is replaced by the following: "5. The assistance and support measures referred to in paragraphs 1 and 2 shall be provided on a consensual and informed basis, and shall include at least standards of living capable of ensuring victims’ subsistence through measures such as the provision of appropriate and safe accommodation and material assistance, as well as necessary medical treatment including psychological assistance, counselling and information, and translation and interpretation services where appropriate. , together with providing the resources for their economic and social recovery through access to training and employment. As for child victims, they should have access to specialised child protection and support services, including child friendly shelters and facilities." Or. en (32011L0036)
Amendment 205 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 d (new)
Article 1 – paragraph 1 – point 4 d (new)
Directive 2011/36/EU
Article 11– paragraph 7
Article 11– paragraph 7
(4d) In Article 11– paragraph 7 is replaced by the following: "7. Member States shall attend to victims with special needs, where those needs derive, in particular, from whether they are pregnant, their health, a disability, a mental or psychological disorder they have, or a serious form of psychological, physical or sexual violence they have suffered. lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF)All psychological and physical assistance and support offered should therefore have a gender-specific and child sensitive approach where applicable, in order to appropriately protect the physical and mental wellbeing of victims." Or. en (https://eur-
Amendment 210 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 e (new)
Article 1 – paragraph 1 – point 4 e (new)
Directive 2011/36/EU
Article 12 – paragraph 2
Article 12 – paragraph 2
(4e) In Article 12, paragraph 2 is replaced by the following: "2. Member States shall ensure that victims of trafficking in human beings have access without delay to legal counselling, and, in accordance with the role of victims in the relevant justice system, to legal representation, including for the purpose of claiming compensation. Legal counselling and legal representation shall be free of charge where the victim does not have sufficient financial resources. and be provided in a language that the victim can reasonably understand." Or. en (https://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF)
Amendment 219 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 g (new)
Article 1 – paragraph 1 g (new)
Directive 2011/36/EU
Article 16 – paragraph 1
Article 16 – paragraph 1
In Article 16, paragraph 1 is replaced by the following: "1. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims of trafficking in human beings, as referred to in Article 14(1), take due account of the personal and special circumstances of the unaccompanied child victim. Law enforcement authorities should be adequately trained for assisting and supporting unaccompanied minors." Or. en (32011L0036)
Amendment 226 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 f (new)
Article 1 – paragraph 1 – point 4 f (new)
Directive 2011/36/EU
Article 17
Article 17
(4f) Article 17 is replaced by the following: "Member States shall ensure that victims of trafficking in human beings have access to existing schemes of compensation to victims of violent crimes of intent. , that are not wholly conditional on prosecutions, to victims of violent crimes of intent." Or. en (https://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF)
Amendment 229 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2011/36/EU
Article 18 – paragraph 1
Article 18 – paragraph 1
(6a) Article 18 – paragraph 1 is replaced by the following: "1. Member States shall take appropriateallocate the necessary measures, such as education and training to staff in all relevant sectors, as well as dedicated campaigns aimed to target potential users, traffickers, buyers and sellers, to discourage and reduce the supply and demand that fosters all forms of exploitation related to trafficking in human beings. " Or. en (https://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF)
Amendment 230 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 i (new)
Article 1 – paragraph 1 i (new)
Directive 2011/36/EU
Article 18 – paragraph 1
Article 18 – paragraph 1
In Article 18, paragraph 1 is replaced by the following: "1. Member States shall take appropriate measures, such as education and training, with a specific attention to the online dimension, to discourage and reduce the demand that fosters all forms of exploitation related to trafficking in human beings. " Or. en (32011L0036)
Amendment 233 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 j (new)
Article 1 – paragraph 1 j (new)
Directive 2011/36/EU
Article 18 – paragraph 2
Article 18 – paragraph 2
In Article 18, paragraph 2 is replaced by the following: "2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research and education programmes, for potential victims, specifically targeted at women and girls and potential users, promotion of digital literacy and skills, in a gender sensitive and child friendly way and where appropriate in cooperation with relevant civil society organisations and other stakeholders such as online platforms, aimed at raising awareness and reducing the risk of people, especially children, becoming victims of trafficking in human beings. " Or. en (32011L0036)
Amendment 235 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
Directive 2011/36/EU
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 239 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 c (new)
Article 1 – paragraph 1 – point 6 c (new)
Directive 2011/36/EU
Article 18 – paragraph 3
Article 18 – paragraph 3
(6c) Article 18 – paragraph 3 is replaced by the following: "3. Member States shall promote regular mandated training for officials likely to come into contact with victims or potential victims of trafficking in human beings, including front-line police officers, welfare officers, social workers and hospital workers aimed at enabling them to identify and deal with victims and potential victims of trafficking in human beings. lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF)" Or. en (https://eur-
Amendment 240 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 k (new)
Article 1 – paragraph 1 k (new)
Directive 2011/36/EU
Article 18 – paragraph 3
Article 18 – paragraph 3
In Article 18, paragraph 3 is replaced by the following: "3. Member States shall promote regular specialised training for officials likely to come into contact with victims or potential victims of trafficking in human beings, including front-line police officers, judges, welfare officers, social workers and hospital workers aimed at enabling them to identify and deal with victims and potential victims of trafficking in human beings. " Or. en (32011L0036)
Amendment 245 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
Article 18
Offences concerning the use of services which are the object of exploitation with knowledge that the person is a victim of an offence concerningextracted from a victim of trafficking in human beings
Amendment 251 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18 a – paragraph 1
Article 18 a – paragraph 1
1. In order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall take the necessary measures to establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article 2, with the knowledge that the person is a victim of an offence referred to in Article 2.
Amendment 270 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2011/36/EU
Article 19
Article 19
(7a) Article 19 is replaced by the following: "Member States shall swiftly take the necessary measures to establish national rapporteurs or equivalent mechanisms. The tasks of such mechanisms shall include the carrying out of assessments of trends in trafficking in human beings, the measuring of results of anti-trafficking actions, including the gathering of statistics in close cooperation with relevant civil society organisations active in this field, and reporting. lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF)Coordination between all relevant actors, including health services, social workers and police officers is necessary to ensure that the relevant data is collected accurately." Or. en (https://eur-
Amendment 271 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 l (new)
Article 1 – paragraph 1 l (new)
Directive 2011/36/EU
Article 19
Article 19
Article 19 is replaced by the following: "Member States shall take the necessary measures to establish national rapporteurs or equivalent mechanisms. The tasks of such mechanisms shall include the carrying out of assessments of trends in trafficking in human beings, the measuring of results of anti-trafficking actions, including the gathering of statistics in close cooperation with relevant civil society organisations active in this field, and reporting. The information and data shall be collected in cooperation with the relevant EU agencies to ensure efficient cross-border collaboration." Or. en (32011L0036)
Amendment 274 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 1 a (new)
Article 19 a – paragraph 1 a (new)
1a. The data collection shall be done in cooperation with relevant EU agencies.
Amendment 290 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 3
Article 19 a – paragraph 3
3. Member States shall transmit annually to the Commission, by 1 July each year,in collaboration with the relevant EU Agencies ensure that the statistical data referred to in paragraph 2 for the previous year is transmitted annually to the Commission, by 1 July each year, according to all relevant provisions and accountable to the European Parliament.
Amendment 95 #
2022/0400(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The Treaties and the Charter of Fundamental Rights of the European Union recognise the right to equality and the right to non-discrimination as essential values of the Union57 , and the Union has already adopted several Directives on the prohibition of discrimination., but still has failed to adopt a horizontal Equal Treatment Directive; _________________ 57 Articles 2 and 3 of the Treaty on European Union (‘TEU’), Articles 8 and 10 of the Treaty on the Functioning of the European Union (‘TFEU’), and Articles 21, 23 and 26 of the Charter.
Amendment 98 #
2022/0400(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Directives 2006/54/EC and 2010/41/EU require Member States to designate one or more bodies for the promotion of equal treatment, including the analysis, monitoring and support of equal treatment of all persons without discrimination on the grounds covered by the respective Directives (hereinafter ‘equality bodies’). They require Member States to ensure that the competences of these bodies include: providing independent assistance to victims free of charge, conducting independent surveys concerning discrimination, publishing independent reports and making recommendations on any issue relating to such discrimination. They also require Member States to ensure that the tasks of these bodies include the exchange of information with corresponding European bodies, such as the European Institute for Gender Equality. This Directive is without prejudice to the competences of labour inspectorates, other enforcement bodies or the social partners, keeping in mind that their existence should not however prevent equality body from performing their tasks in line with their competences
Amendment 101 #
2022/0400(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The proposed Directive to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms69 should be considered lex specialis to the enforcement provisions of Directive 2006/54/EC that will be replaced by this Directive. Any higher minimum standards established by the future Directive on Pay Transparency for equality bodies in matters relating to equal pay for the same work or work of equal value, including in pay transparency, as compared to those set out in this Directive, should prevail over those set out in this Directive. Member States are expected to implement the Directive on Pay Transparency without any delay. _________________ 69 Proposal for a Directive of the European Parliament and of the Council to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (COM/2021/93 final).
Amendment 104 #
2022/0400(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In promoting equal treatment, preventing discrimination and assisting victims of discrimination, equality bodies should pay particular attention to multiple and intersectional discrimination based on several of the grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and 2010/41/EU, with the acknowledgement that persons can often be discriminated against on multiple grounds.
Amendment 108 #
2022/0400(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The lack of appropriate financial and human resources is a key issue hampering the ability of equality bodies to adequately fulfil their tasks. Therefore, Member States should ensure that equality bodies receive sufficient funding, can hire qualified staff and have appropriate premises and infrastructure to carry out each of their tasks effectively, within reasonable time and within the deadlines established by national law. Their budgetary allocation should be stable, except in case of increase in competences, planned on a multi-annual basis, and allow them to cover costs that may be difficult to anticipate such as costs linked to litigation. In cases where the competences of equality bodies have been increased, Member States must ensure that their budgets are adjusted accordingly. To ensure that equality bodies are provided with sufficient resources, their budget should for instance not suffer cuts that are significantly higher than the average cuts to other public entities; similarly, their annual growth should at least be pegged to the average growth in funding to other entities. Resources should increase proportionally if equality bodies’ tasks and mandate are expanded.
Amendment 112 #
2022/0400(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Automated systems, including artificial intelligence, represent a useful tool to identify discrimination patterns, but algorithmic discrimination is also a risk. Equality bodies should therefore have access tobe equipped with expert, qualified staff or services, able to use automated systems for their work on the one hand and to assess them as regards their compliance with non- discrimination rules on the other hand. Particular attention should be devoted to equipping equality bodies with appropriate digital resources and training on the use of automated systems, be it directly or by way of subcontracting.
Amendment 114 #
2022/0400(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Beyond prevention, a central task of equality bodies is to provide assistance to victims of discrimination. This assistance should always include the provision of key information to complainants and a preliminary assessment of their complaint, based on the initial information gathered from the parties on a voluntary basis. Member States should be in charge of defining the modalities under which the equality body would issue this assessment, such as the timeframe of the process or procedural safeguards against repetitive or abusive complaints.
Amendment 116 #
2022/0400(COD)
Proposal for a directive
Recital 22
Recital 22
(22) To ensure that all victims are able to complain, it should be possible to submit complaints in various ways, including through the establishment of local offices or the establishment of accessible digital tools and platforms. Member States should also pay due regard to Commission Recommendation 2018/951 under which submission of complaints should be possible in a language of the complainant's choosing which is common in the Member State where the equality body is located understands. To address one of the causes of underreporting, namely, fear of reprisals, and without prejudice to Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law70 , confidentiality should be offered to witnesses and whistle-blowers, and as far as possible, to complainants. _________________ 70 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
Amendment 119 #
2022/0400(COD)
Proposal for a directive
Recital 23
Recital 23
(23) To offer a possibility for a quick, affordable, out of court resolution of disputes, Member States should provide for the possibility for parties to seek an amicable resolution to their disputes, by the equality body or another existing dedicated entity. They should define the modalities of the amicable settlement process according to national law. Engaging in a conciliation and mediation process should be subject to the agreement of the parties and should not prevent a party from exercising the right of access to court where that party does not accept the decision of the conciliation and mediation board.
Amendment 124 #
2022/0400(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Some instances of discrimination are difficult to fight because there is no complainant pursuing the case themselves. In its judgment in Case C-54/07 (Feryn)71 , which was brought by an equality body in its own name, the Court of Justice confirmed that discrimination can be established even in the absence of an identified victim. It is therefore important that equality bodies can act and initiate court proceedings in their own name, to defend the public interest. where discrimination has been detected, without the presence of an individual that has been identified as a victim. It is also important that they can act in cases where collective redress is used. _________________ 71 Judgment of 10 July 2008 in Feryn (C- 54/07, ECLI:EU:C:2008:397).
Amendment 129 #
2022/0400(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The effectiveness of equality bodies’ work also depends on giving groups at risk of discrimination full access to their services. In a survey conducted by the European Union Fundamental Rights Agency72 , 71% of members of ethnic or immigrant minority groups reported to be unaware of any organisation offering support or advice to victims of discrimination. A key step to support this access is for each Member States to provide information in all of its official languages when requested and to provide key information in English in order to ensure that people know their rights and are aware of the existence of and services offered by equality bodies. This is particularly important for disadvantaged groups and groups whose access to that information can be hindered, for example by their economic status, their disability, their literacy or their lack of access to online tools. _________________ 72 FRA EU-MIDIS II Survey.
Amendment 130 #
2022/0400(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed, including through the provision of digital platforms or tools. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for complainants. Member States should also make sure that the services of equality bodies are available to all potential victims throughout their territory, for example through the establishment of local offices, including mobile ones, the organisation of local campaigns or cooperation with local delegates or civil society organisations. Special attention should be paid to ensure access for disadvantaged groups.
Amendment 133 #
2022/0400(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Enabling equality bodies to regularly coordinate and cooperate at different levels, on a long-term basis, is key for mutual learning, coherence and consistency, and it may broaden the outreach and impact of their work. Equality bodies should cooperate, in particular, with other equality bodies in the same Member State and in other Member States – including in the framework of the European Network of Equality Bodies (Equinet) – and with public and private entities at local, regional, national, Union and international level, such as social partners, civil society organisations, data protection authorities, trade unions, labour and education inspectorates, law enforcement bodies, agencies with responsibility at national level for the defence of human rights, authorities managing Union funds, National Roma Contact Points, consumer bodies, and national independent mechanisms for the promotion, protection and monitoring of the UNCRPD. Such cooperation should not involve the exchange of personal data (i.e. equality data in the form that individuals can be identified). Furthermore, any involvement of equality bodies in workplace-related matters should respect the autonomy, competences and prerogatives of social partners and the recognised competences of all relevant government agencies, including labour inspectorates, national courts and statutory tribunals, in accordance with national law and practice. Their existence should not however prevent equality bodies from performing their tasks in line with their competences.
Amendment 134 #
2022/0400(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Equality bodies cannot fully play their role as experts in equal treatment if they are not consulted sufficiently early during the policymaking process on matters related to rights and obligations derived from Directives 2006/54/EC and 2010/41/EU. Therefore, Member States should establish transparent procedures to ensure that consultation in a timely manner. They should also allow equality bodies to make and publish recommendations and publish themshould be able to demand that authorities and officials respond within a reasonable time.
Amendment 136 #
2022/0400(COD)
Proposal for a directive
Recital 43
Recital 43
(43) In order to assess the effectiveness of this Directive it is necessary to establish a mechanism to monitor its application and, in addition to monitoring compliance, assess its practical effects. The Commission should be in charge of that monitoring and regularly draw up an application report based on the appropriate data collected by Member States and all relevant stakeholders. In order to ensure uniform conditions for the implementation of Member States’ reporting obligations pursuant to Article 16(2) as regards the practical effects of this Directive, implementing powers should be conferred on the Commission to establish a list of relevant indicators, on the basis of which data should be collected. This monitoring should not involve the processing of personal data.
Amendment 137 #
2022/0400(COD)
Proposal for a directive
Recital 44
Recital 44
(44) This Directive lays down minimum requirements, thus giving the Member States the option of and therefore Member States are encouraged to introducinge or maintaining more favourable provisions. The implementation of this Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.
Amendment 140 #
2022/0400(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Member States shall designate and provide the necessary resources for one or more bodies (hereinafter referred to as ‘equality bodies’) to exercise the competences laid down in this Directive.
Amendment 162 #
2022/0400(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that each equality body is provided with the human, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including in the event of increases in competences, increases in complaints, litigation costs and the use of automated systems. Member States shall ensure that equality bodies’ budgets cover unexpected costs, such as costs linked to litigation. Member States shall ensure that their resources and budget are adjusted appropriately, if the competences of equality bodies are increased.
Amendment 177 #
2022/0400(COD)
1. Member States shall ensure that equality bodies are able to provide assistance to victims as set out in paragraphs 2 to 4free of charge to victims.
Amendment 189 #
2022/0400(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that wherequality bodies are equipped to effectively investigate, following a complaint or on their own initiative, equality bodies consider that the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU may have been breached, those bodies are empowered to further investigate the case.
Amendment 192 #
2022/0400(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
In particular, that framework shall provide equality bodies with effective rights to access information which is necessary to establish whether discrimination has occurred. It shall also provide for appropriate mechanisms for equality bodies to cooperate with relevant public bodies for that purpose, such as labour inspectorates or other enforcement bodies, and oblige those public bodies to cooperate with equality bodies for that purpose.
Amendment 197 #
2022/0400(COD)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Member States shall ensure that equality bodies record in writing their assessment of the case, includinga case. As part of their written assessment, equality bodies shall establishing the facts andof the case and provide a reasoned conclusion on the existence ofas to whether discrimination has occurred. Member States shall determine whether this is to be done, in consultation with other entities, such as social partners, whether the equality bodies are to assess cases by means of non-binding opinions or by means of binding enforceable decisions. Member States shall ensure that such decisions can be appealed to a judicial or administrative authority in accordance with national law and practice.
Amendment 216 #
2022/0400(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that, in the procedures referred to in Articles 6, 7, 8 and 9, the rights of defence of natural and legal persons involved are duly protected. Member States shall ensure that equality bodies put in place internal whistle-blower protections, guarantee confidentiality of witnesses and whistle-blowers, and as far as possible, of complainants.
Amendment 218 #
2022/0400(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
This Directive is without prejudice to the competences of labour inspectorates or other enforcement bodies, keeping in mind that the existence of these bodies shall not usurp the role of a functioning equality body.
Amendment 222 #
2022/0400(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure accessibility and provide reasonable accommodation for persons with disabilitiesfor persons with disabilities and those belonging to other groups at risk of discrimination, to guarantee their equal access to all services and activities of equality bodies, including assistance to victims, complaint handling, amicable settlement mechanisms, information and publications, and prevention, promotion and awareness- raising activities.
Amendment 225 #
2022/0400(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, and with relevant public and private entities, including civil society organisations, at national, regional, local level as well as in other Member States and at Union and international level. Member States shall ensure that equality bodies equally cooperate with the European Institute for Gender Equality, the European Union Agency for Fundamental Rights and the European Network of Equality Bodies (Equinet).
Amendment 230 #
2022/0400(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure that equality bodies can accessare provided statistics related to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU collected by public and private entities including public authorities, trade unions, companies, and civil society organisations, in an accessible format, where they deem such statistics necessary to make an overall assessment of the situation regarding discrimination in the Member State, and for drawing up the report referred to in Article 15, point (c).
Amendment 239 #
2022/0400(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. By [53 years after the date of transposition], and every 53 years thereafter, Member States shall provide the Commission with all relevant information regarding the application of this Directive, including data on its practical effects collected on the basis of the indicators referred to in paragraph 1 of this Article, and in particular taking into account the reports drawn up by the equality bodies under Article 14, points (b) and (c).
Amendment 241 #
2022/0400(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. The Commission shall evaluate, based on the information it has received, the situation of discrimination in each Member State and publish a comprehensive report of their performances.
Amendment 243 #
2022/0400(COD)
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. The Commission shall issue follow-up recommendations where it notes, as part of its monitoring of anti- discrimination actions in the Member States, concerning developments in a Member State.
Amendment 35 #
2022/0326(COD)
Proposal for a decision
Recital 1 a (new)
Recital 1 a (new)
(1a) An EU Action Plan on mental health should be developed to address the growing crisis of mental health amongst our EU citizens with specific supports for appropriate cross-sector mental health education and training.
Amendment 167 #
2022/0326(COD)
Proposal for a decision
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
In line with principles 1, 4 and 5 of the European Pillar of Social Rights, contributing to the objectives set out in the 2020 European Skills Agenda and the EU headline targets set by the European Pillar of Social Rights Action Plan, the overall objective of the European Year shall be to further promote a mindset of reskilling and upskilling thereby boosting competitiveness of European companiesat a regional, national and Member State level , in particular small and medium-sized entreprises, realising the full potential of the digital and green transitions in a socially fair, inclusive and just manner. More specifically, the activities of the Year willshould focus on activities and events to promote skills and policies and investmentconnected to outcomes, calls in this regard on the need to develop clear indicators to ensure that nobody is left behind in the twin transition and the economic recovery, and to notably address labour shortages for a better skilled workforce in the Union that is able to seize the opportunities of this process, by:
Amendment 186 #
2022/0326(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. Strengthening skills relevance by closely cooperating at Member State and regional level with social partners, public and private employment services, companies, education and training providers andto developing joined-up approaches with all branches of governments.
Amendment 194 #
2022/0326(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. Matching people’s aspirations and skills-set with labour market opportunities especially those offered by the green and digital transitions, emerging new sectors and the core sectors in need of recovery from the pandemic. A special focus will be given to activate more people for the labour market, in particular women and young people especially those not in education, employment or training (NEETs).
Amendment 212 #
2022/0326(COD)
Proposal for a decision
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) Online and in person conferences, forum discussions and further events to promote debate on the role and contribution of skills policies to achieve competitive, sustainable and fair economic growth in light of the demographic change and to mobilise relevant stakeholders to ensure access to training is a reality on the ground;
Amendment 233 #
2022/0326(COD)
Proposal for a decision
Article 3 – paragraph 1 – point h – point i (new)
Article 3 – paragraph 1 – point h – point i (new)
i) A European Parliamentary group/committee to ensure the implementation and awareness at grass roots level of the years activities and outreach.
Amendment 246 #
2022/0326(COD)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
The organisation of participation in the European Year at national and regional level shall be a responsibility of the Member States and Members of the European Parliament. To that end, each Member State shall appoint a national coordinator that can represent the different branches of government in a holistic manner. The national coordinators shall ensure the coordination of relevant activities at national and regional level.
Amendment 151 #
2022/0277(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) State advertising should be understood broadly as covering promotional or self-promotional activities undertaken by, for or on behalf of a wide range of public authorities or entities, including governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities in different sectors, at national or regional level, or local governments of territorial entities of more than 1 million inhabitants. However, the definition of state advertising should not include emergency messages by public authorities which are necessary, for example, in cases of natural or sanitary disasters, accidents or other sudden incidents that can cause harm to individuals.
Amendment 183 #
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. They provide a forum for public discussion and a means of promoting broader democratic participation of individuals. That is why, media pluralism can only be guaranteed by a proper political balance in the content of public service media. 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., which may expose them to additional vulnerabilities compared to other players in the internal media market to the extent that they threaten their very existence 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. Furthermore, in the absence of harmonised minimum standards, Member States have taken divergent measures that resulted in the fragmentation of the internal media market. This fragmentation may create legal uncertainty and an unfair level playing- field deterring private media services providers from entering the market. 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, such funding should be decided and appropriated on a multi-year basis, in line with the public service mission of public service media providers, to avoid potential for undue influence from yearly budget negotiations and allows them to maintain a competitive position on the internal media market. Preferably, such funding should be decided and appropriated on the basis of predictable, transparent, independent, impartial and non-discriminatory procedures, on a multi-year basis, in line with the public service mission of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The absence of harmonisation in what concerns the allocation of finances to public service media providers may create an unfair advantage for certain players in the internal media market, including advertisers and thus produce significant distortions to the internal media market. 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 238 #
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 withat its own initiative or upon the Commission or upon it’s request in the cases envisaged by this Regulation. In order to effectively and independently 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. The secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
Amendment 294 #
2022/0277(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable media service providers to declare that they meet certain requirements, while at the same time retaining the possibility not to accept such self-declaration where they consider that these conditions are not met. Providers of very large online platforms may rely on information regarding adherence to these requirements, such as the machine-readable standard of the Journalism Trust Initiative or other relevant codes of conduct. Guidelines by the Commission mayshould be useful to facilitate an effective implementation of such functionality, including on modalities of involvement of relevant civil society organisations in the review of the declarations, on consultation of the regulator of the country of establishment, where relevant, and address any potential abuse of the functionality.
Amendment 334 #
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 its own initiative or at 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. Any media service provider considering to be directly affected by such a measure should be able to request the Board to issue an opinion on such measures.
Amendment 343 #
2022/0277(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) National regulatory authorities or bodies, as well as press self-regulatory bodies, media experts, civil society organisations and representatives of academia. who have specific expertise in the area of media pluralism, should be involved in the assessment of the impact of media market concentrations on media pluralism and editorial independence where they are not the designated authorities or bodies themselves. In order to foster legal certainty and ensure that the rules and procedures are genuinely geared at protecting media pluralism and editorial independence, it is essential that objective, non-discriminatory and proportionate criteria for notifying and assessing the impact of media market concentrations on media pluralism and editorial independence are set out in advance.
Amendment 355 #
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 its own initiative or 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 360 #
2022/0277(COD)
(44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria. In particular, impact on media pluralism should be considered, including notably the effect on the formation of public opinion, taking into account of the online environment. Concurrently, it should be considered whether other media outlets, providing different and alternative content, would still coexist in the given market(s) after the media market concentration in question. Assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner, management or governance structure in the individual editorial decisions of the acquired or merged entity. The existing or envisaged internal safeguards aimed at preserving independence of the individual editorial decisions within the media undertakings involved should also be taken into account. Furthermore, the results of the annual Commission Rule of Law report presented in the chapters on media pluralism as well as the risk assessment made annually by instruments such as the Media Pluralism Monitor should be considered in determining the overall climate for media and the effects of the concentration in question over media pluralism and editorial independence, under these specific conditions. In assessing the potential impacts, the effects of the concentration in question on the economic sustainability of the entity or entities subject to the concentration should also be considered and whether, in the absence of the concentration, they would be economically sustainable, in the sense that they would be able in the medium term to continue to provide and further develop financially viable, adequately resourced and technologically adapted quality media services in the market.
Amendment 468 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘State 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 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 inhabitants;
Amendment 488 #
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 receive a plurality of news and current affairs content, produced with respect for editorial freedom of media service providers, without any interference from state, to the benefit of the public discourse.
Amendment 576 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) whether and if so to what extent their direct or beneficial ownership is held by the government, a state institution, state-owned enterprise or other public body;
Amendment 592 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. National regulatory authorities or bodies established in accordance with Directive 2010/13/ EU shall establish or supervise national databases of media ownership.
Amendment 656 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member Sstates shall ensure that the national regulatory authorities or bodies have adequatproportionate and sustainable financial, human and technical resources to carry out their tasks under this Rregulation and guarantee their full independence.
Amendment 664 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 a (new)
Article 7 – paragraph 4 – subparagraph 1 a (new)
National regulatory authorities or bodies shall hold regular consultations with the representatives of media services providers, civil society organisations, media experts and representatives of academia. The results of these consultations shall be reflected in reports published annually and made publically available.
Amendment 706 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, inmay invite experts and, with the agreement withof the Commission, may invite experts and observers to attend its meetings.
Amendment 716 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6a. The Board shall organise annual consultations with representatives of the media services providers, civil society representatives, independent media experts and the representatives of academia. The results of these consultations shall be reflected in the preparation of its work programme and main deliverables.
Amendment 827 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g a (new)
Article 12 – paragraph 1 – point g a (new)
(ga) Examine the state of media freedom in each Member State and issue an annual report in accordance with Article 15(4a) of this Regulation;
Amendment 1063 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. With a view to facilitating the consistent and effective implementation of this Article, the Commission mayshall issue guidelines to establish the form and details of the declaration set out in paragraph 1.
Amendment 1128 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon 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 1138 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Where a national authority or body adopts a measure that affects individually and directly a media service provider and is likely to affect the functioning of the internal market for media services, it shall communicate, at the request of the Board, and where applicable, of the Commission, without undue delay and by electronic means, any relevant information, including the summary of the facts, its measure, the grounds on which the national authority or body has based its measure, and, where applicable, the views of other authorities concerned. Media service providers considering to be directly affected by such measures shall be able to request the Board to issue an opinion on that measure.
Amendment 1147 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Member States shall providelay down, in their national legal systems, substantive and procedural rules which ensure an assessment of media market concentrations that could have a significant impact on media pluralism and editorial independence. These rules shall:
Amendment 1175 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioning of theindependence of editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions;
Amendment 1181 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point c a (new)
Article 21 – paragraph 2 – point c a (new)
(ca) the results of the annual Commission Rule of Law Reports and the Media Pluralism Monitor in assessment of any systemic risks to media freedom and media pluralism in the particular Member State
Amendment 1205 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation pursuant to Article 21, the Board, upon 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 1281 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, including national, federal or regional governments, regulatory authorities or bodies, as well as state-owned enterprises or other state- controlled entities at the national or regional level, or local governments of territorial entities of more than 1 million inhabitants, shall make publicly available accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditure allocated to media service providers, which shall include at least the following details:
Amendment 239 #
2022/0066(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein without discrimination on account of any ground. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.
Amendment 263 #
2022/0066(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women is a persisting manifestation of structural discrimination against women in all their diversity, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.
Amendment 288 #
2022/0066(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or, sexual orientation, gender identity, gender expression and sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination and violence, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence and domestic violence. For example, acts of gender-based violence which seek to punish victims for their sexual orientation, gender expression, gender identity or sex characteristics such as so- called “corrective rape”, should be given particular attention.
Amendment 308 #
2022/0066(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain or punishment for the victim's sexual orientation, gender identity, gender expression or sex characteristics (so- called "corrective rape"). Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. .
Amendment 345 #
2022/0066(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to address the severe and long-lasting physical and psychological impairments of intersex genital mutilation performed on persons with variations of sex characteristics, also known as intersex persons, this offence should be specifically and adequately addressed in the criminal laws. Non-vital, non- consensual procedures and treatments performed on intersex children assigned female, such as labiaplasties, vaginoplasties, gonadectomies, clitoral “recession” and other forms of clitoral cutting or removal, are specifically based on sexist and misogynistic beliefs aimed at exerting control over intersex girls’ and women’s physical appearance and sexuality. The term "capacity to provide consent" shall be interpreted as the ability to understand the facts, assess the risks and benefits and balance the short- and long-term consequences of the possible choices and make a decision. Member States shall ensure that a minor is deemed capable of providing consent only if all the elements above are assessed to be in place. The term "hormonal treatments" shall be understood as any non- consensual treatments aimed at altering the sex characteristics of the person; it excludes consensual gender affirming hormonal treatments or access to hormone blockers.
Amendment 360 #
2022/0066(COD)
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists and human rights defenders, as well as persons who are part of marginalised communities. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide. Women and girls exposed to discrimination and violence on the basis of a combination of their sex or gender and other grounds are disproportionately affected by cyber violence, including cyber harassment or cyber incitement to violence or hatred.
Amendment 390 #
2022/0066(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The increase in internet and social media usage has led to a sharp rise in public incitement to violence and hatred, including based on sex or gender, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as the presumed anonymity on the internet and sense of impunity reduce people’s inhibition to engage in such speech. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offlinOftentimes, perpetrators of such incitement online are public figures who, due to a presumed impunity, have the effect of legitimising and emboldening acts of violence offline. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. Children and youth can also be the target of violent cyber violence owing to personal characteristics such as disability, racial or ethnic origin, sexual orientation, gender identity, gender expression, sex characteristics or other grounds which, if left unaddressed, may cause social exclusion, anxiety, inducement to inflict self-harm and, in extreme situations, suicide ideation, suicide attempts or actual suicide. This needs to be intercepted at an early stage. The language used in this type of incitement does not always directly refer to the sex or gender of the targeted person(s), but the biased motivation can be inferred from the overall content or context of the incitement.
Amendment 430 #
2022/0066(COD)
Proposal for a directive
Recital 29
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety and providing tailored support, taking into account, among other matters, the individual circumstances of the victim, specific needs and vulnerability. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender.
Amendment 475 #
2022/0066(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Given the complexities and gravity of offences of violence against women and domestic violence and specific support needs of victims, Member States should ensure additional support and prevention of such offences is provided by designated bodies. Given their expertise in matters of discrimination on grounds of sex, national equality bodies, set up in accordance with Directives 2004/113/EC42 , 2006/54/EC43 and 2010/41/EU44 of the European Parliament and of the Council, are well placed to fulfil these tasks. Such bodies should in addition have legal standing to act on behalf or in support of victims of all forms of violence against women or domestic violence in judicial proceedings, including for the application for compensation and removal of online illegal content and securing of evidence, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodies to effectively carry out their tasks, Member States should ensure that they are provided with sufficient human and financial resources. _________________ 42 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, (OJ L 373, 21.12.2004, p. 37). 43 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), (OJ L204, 26.7.2006, p. 23). 44 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the applicationof the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1).
Amendment 504 #
2022/0066(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Specialised support services should provide support to victims of all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, intersex genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.
Amendment 537 #
2022/0066(COD)
Proposal for a directive
Recital 50
Recital 50
(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, and of intersex genital mutilation, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.
Amendment 558 #
2022/0066(COD)
Proposal for a directive
Recital 53
Recital 53
(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situation and the well-being of their children, ultimately preparing victims for an autonomous life. Member States should ensure the availability of sufficient dedicated domestic violence shelters, with an adequate geographical distribution. A variety of different models should be made available, including single-gender shelters, thereby ensuring maximum flexibility for victims. Shelters should always be available free of charge for the victim.
Amendment 587 #
2022/0066(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women, children, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender- based violence, should receive specific protection and support.
Amendment 603 #
2022/0066(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. Special attention must be paid in awareness-raising campaignst to women andexperiencing discrimination and violence on the basis of the combination of their sex or gender and other grounds, and by victims at an increased risk of domestic violence. Prevention should also take place in formal education, in particular, through strengthening sexualityinclusive sexuality and relationships education and socio- emotional competencies, empathy and developing healthy and respectful relationshipssuch as empathy.
Amendment 632 #
2022/0066(COD)
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes and prejudices, including multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 636 #
2022/0066(COD)
Proposal for a directive
Recital 61 a (new)
Recital 61 a (new)
(61a) Member States should recognise women's civil society organisations, including organisations working with women at a heightened risk of experiencing gender-based violence, as partners in policy development and implementation and should, where relevant, include them in the work of government bodies and committees working to combat violence against women and domestic violence. In addition, other relevant stakeholders should be consulted on relevant issues, such as social partners in relation to sexual harassment at the workplace.
Amendment 653 #
2022/0066(COD)
Proposal for a directive
Recital 65
Recital 65
(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women and domestic violence and design new policy strategies in this field. Data collected should include the context in which the offence took place, such as at home, at the workplace or online, as well as information about whether a victim is at a heightened risk of experiencing gender-based violence, as this will inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination as defined in recital 11. When sharing the data collected, no personal data should be included.
Amendment 685 #
2022/0066(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex or gender and other grounds, as well as to victims at an increased risk of domestic violence, so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5), Article 35(1) and Article 37(7).
Amendment 857 #
2022/0066(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) doxxing: making material containing or revealing the personal data of another person, without that person’s consent, accessible to a multitude ofother end-users, by means of information and communication technologies, for the purpose of inciting othose end-users to cause physical or, significant psychological or economic harm to the person.
Amendment 983 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner. Competent authorities must always consider that the crime presented by the victim is violence against women or domestic violence and therefore inquire this before the criminal complaint is filed. This shall include the possibility of reporting criminal offences online or through other information and communication technologies, including the possibility to submit evidence and meet all formal requirements of a complaint, in particular concerning reporting of criminal offences of cyber violence.
Amendment 1007 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1 (new)
Article 16 – paragraph 3 – subparagraph 1 (new)
Member states shall ensure that victims of gender specific hate crimes are entitled to witness protection when filing a complaint, especially protection of their personal data such as home address or birth data that shall not be revealed to perpetrators accessing the files. The instruction to this right must be mandatory and documented. Moreover victims must be referred to a specialised and trained contact person within the authority if needed to ensure that a criminal complaint can be filed.
Amendment 1042 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or specialised support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services.
Amendment 1070 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex or gender and other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.
Amendment 1107 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialised support services contact victims to offer support.
Amendment 1176 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
(e) how to cater to the enhanced protection and support needs of victims experiencing discrimination based on a combination of sex or gender and other grounds;
Amendment 1236 #
2022/0066(COD)
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The damage shall include costs for healthcare services, support services, rehabilitation, loss of income and other reasonable costs that have arisen as a result of the offence or to manage its consequences. The amount of the damages awarded shall also compensate for physical and psychological harm, mental suffering and moral prejudice.
Amendment 1266 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) support to victims of cyber violence, including psychological support, securing of evidence and advice on judicial remedies and remedies to remove online content related to the crime.
Amendment 1294 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for healthcare and social service professionals on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex or gender and other grounds of discrimination.
Amendment 1314 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence, which should clarify whether the motives were related to the sex or gender and other personal characteristics of the victim. These centres shall provide for medical and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.
Amendment 1339 #
2022/0066(COD)
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a Specialist support for victims of intersex genital mutilation 1. Member States shall ensure that victims of intersex genital mutilation are provided with effective support, including gynaecological, psycho-social, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. This shall also include access to treatment and medications needed as a consequence of intersex genital mutilation. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of intersex genital mutilation referred to in paragraph 1 of this Article.
Amendment 1377 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence, including by ensuring that there is access to single- gender shelters. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living.
Amendment 1431 #
2022/0066(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, or older women, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender-based violence.
Amendment 1481 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, capacitating society with the knowledge to understand consent and identify and address instances of violence, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
Amendment 1491 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutilation, intersex mutilation and other harmful practices.
Amendment 1521 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians and midwives, shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female genital mutilation, intersex genital mutilation and other harmful practices.
Amendment 1536 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 5
Article 37 – paragraph 5
5. Without affecting media freedom and pluralism, Member States shall encourage and support the setting up of media training activities by media professionals’ organisations, media self- regulatory bodies and industry representatives or other relevant independent organisations, to combat stereotypical portrayals of women and men, sexist images of women, and victim- blaming in the media, aimed at reducing the risk of all forms of violence against women or domestic violence.
Amendment 1579 #
2022/0066(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic, domestic violence, or specialised non-governmental organisations working with vulnerable women and victims at a heightened risk of violence, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.
Amendment 1626 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offense.
Amendment 41 #
2021/2250(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the report of the Parliamentary Assembly of the Council of Europe on ‘Restrictions on NGO activities in Council of Europe Member States';1a _________________ 1a PACE report on Restrictions on NGO activities in Council of Europe Member States, accessible at https://assembly.coe.int/nw/xml/XRef/Xref -XML2HTML-en.asp?fileid=28906⟨=en
Amendment 94 #
2021/2250(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas bans on Pride events have constituted significant curtailment to the freedom of association and expression for LGTBI persons, justified by the ‘need to protect participants against terror threats’, ‘protection of public morals’, ‘social sensitivities’, the risk of these events ‘inciting hatred and enmity’ or to ‘prevent crimes being committed’; whereas these reasons constitute deliberate attempts at undermining international human rights obligations and reflect the need for progress on protection of LGBTI people, namely in the fields of freedom of peaceful assembly, association and expression;
Amendment 178 #
2021/2250(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Insists that the crucial area of fundamental rights and freedoms, which is at the core of the accession process, cannot be disconnected and isolated from overall relations with the EU and stresses that for Parliament, it remains the main obstacle to further progress on any positive agenda that could be offered to Turkey; considers that the adoption on March 2021 of an Action Plan on Human Rights shows a willingness to improve the overall situation of fundamental rights in Turkey; notes nevertheless that the commitment of the government will be measured by the extent of its implementation and the reforms undertaken to ensure its application to all citizens without discrimination;
Amendment 212 #
2021/2250(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the importance of upholding the freedom of assembly in Turkey, which is enshrined in its constitution and a positive obligation derived from its membership of the European Convention of Human Rights;
Amendment 269 #
2021/2250(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Regrets the sustained pressureharassment onf civil society and human rights defenders and the continuously shrinking space to operate freely in Turkey; notes the grave impediment on their freedom to associate peacefully through the Law on Preventing Financing of Proliferation of Weapons of Mass Destruction; is concerned by the observations from the Council of Europe’s Commissioner for Human Rights and Parliamentary Assembly, who point that human rights organisations were the first to be audited pursuant to this law; urges Turkey to review the articles of the Law which are not related to the prevention of financing or proliferation of weapons of mass destruction, in particular those articles which unduly target civil society;
Amendment 299 #
2021/2250(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses deep concern about the state-sponsored deterioration in the human rights situation for LGBTI people, in particular with regard to physical attackhate crimes – especially against transgender persons –, the protracted bans on Pride marches across the country, restrictions on the freedoms of assembly, association and expression, and censorship in the media; and online; recalls the need to adopt measures to ensure all citizens can enjoy these freedom safely; calls on authorities to align its criminal legislation concerning homophobic and transphobic hate crime with ECRI’s General Policy Recommendation 7,1aas requested by ECRI in its 2019 conclusions1b; urges authorities to lift the protracted bans on Pride events; _________________ 1a ECRI General Policy Recommendation No. 7 on National Legislation to Combat Racism and Racial Discrimination, accessible at https://rm.coe.int/ecri- general-policy-recommendation-no-7- revised-on-national-legislatio/16808b5aae 1b ECRI country monitoring conclusions on Turkey, accessible at https://rm.coe.int/interim-follow-up- conclusions-on-turkey-5th-monitoring- cycle-/168094ce03
Amendment 303 #
2021/2250(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Notes with concern the increasing hate speech and smear campaigns by high-ranking central government and public officials against LGBTI persons; considers that this constitutes a worrying trend and a powerful enabler of increased harassment, discrimination and potential violence; recalls that Turkey’s obligations under the ECHR entail a responsibility to combat discrimination and violence against LGBTI persons and urges authorities to deliver on their commitments;
Amendment 308 #
2021/2250(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Highlights the pattern of use of judicial proceedings to silence human rights defenders, NGOs and lawyers and to curtail activism, in particular LGBTI rights defenders;1a notes the examples of the criminal investigations against the Istanbul, Ankara and Diyarbakir bar associations and the case of the participants in the 2019 METU Pride; welcomes the acquittal of the latter; calls on Turkey to drop all charges against peaceful participants of LGBTI events; _________________ 1a Letter of the Commissioner for Human Rights of the Council of Europe of 17 June 2021 concerning the human rights of LGBTI people, accessible at https://rm.coe.int/letter-to-mr-suleyman- soylu-minister-of-interior-and-mr- abdulhamit-gul/1680a2e486
Amendment 310 #
2021/2250(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
Amendment 119 #
2021/2248(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Welcomes the establishment of the Commission for Prevention of and Protection against Discrimination and its work; urges the government to ensure sufficient funding to enable it to achieve its full potential;
Amendment 143 #
2021/2248(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Commends the government’s efforts to improve engagement with civil society and calls for a framework to ensure the financial sustainability of civil society organisations; strongly welcomes in this optic the creation of the Inter-Party Parliamentary Group for Improvement of the Rights of LGBTI People, which constitutes a positive synergy between civil society and institutions;
Amendment 153 #
2021/2248(INI)
Amendment 177 #
2021/2248(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the relevant bodies to proactively prevent and systematically prosecute all instances of hate speech, hate crimes and intimidation, to thoroughly investigate related attacks and to ensure the safety and security of their targets, such as journalists, people belonging to minorities and other vulnerable groups; calls for the government and the judiciary to improve institutional capacity in this area and ensure increasing hate speech is addressed in accordance with international standards;
Amendment 179 #
2021/2248(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Is concerned by the stark increase of misinformation and discriminatory speech against LGBTI people and human rights defenders in the media and political sphere; condemns the hate speech and death threats levelled at LGBTI human rights defenders and urges full investigation and sanctioning of these incidents; stresses the importance of updating and adopting education laws which remove discriminatory and stigmatising contents and are harmonized with the Law on Prevention and Protection against Discrimination;
Amendment 112 #
2021/2247(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 155 #
2021/2247(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes progress on the protection and promotion of LGBTIQ rights and the first same-sex marriage in July 2021registered partnership in July 2021; calls on the government to continue making the appropriate amendments to other laws and bylaws required for the full implementation of the Law on registered partnership, which continue to pose problems for some partners’ access to it; underlines that the promotion of LGBTIQ rights is a responsibility of the Ministry of Justice, Human and Minority Rights, and is therefore concerned that neither the National LGBTI Strategy nor LGBTI rights are referenced in the description of its directorates work programmes;
Amendment 161 #
2021/2247(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
Amendment 162 #
2021/2247(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Notes with concern the unavailability of hormone therapy for trans people in state health institutions and private pharmacies; is aware that this is a consequence of shortage of medicines caused by the Covid-19 pandemic, but calls on the responsible authorities to provide a response that ensures trans persons’ access to health, respecting their physical and mental integrity;
Amendment 1 #
2021/2244(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to the Council of Europe’s report ‘Beyond Definitions: a call for action against hate speech in Albania – a comprehensive study’, published in November 2021;1a _________________ 1a https://rm.coe.int/beyond-definitions- eng/1680a464b2
Amendment 131 #
2021/2244(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the relevant bodies to systematically and proactively prevent and prosecute all instances of hate speech, hate crimes and intimidation; encourages the office of the Commissioner for Protection from Discrimination to be more proactive in combatting discriminatory hate speech, in particular against LGBTI persons, and to develop disaggregated data collection on the matter;
Amendment 135 #
2021/2244(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 139 #
2021/2244(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes advances in ensuring equal opportunities and calls for further improvements in the enforcement of gender equality, property rights, data protection, rights of people with disabilities and minority rights, including especially the rights of Roma and LGBTI persons, who are exposed to multiple discrimination;
Amendment 149 #
2021/2244(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Commends the adoption of the new LGBTI National Action Plan 2021- 2027 and encourages full implementation and proper budgeting via a coordination and monitoring body which shall oversee it;
Amendment 151 #
2021/2244(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Considers that reports of numbers of HIV infections doubling since last year are highly concerning; recalls that the National Strategy for People Living with HIV expired in 2020 and has not been renewed; recalls that access to PEP and PrEP for those most at risk can significantly contribute to decreasing new infections, and recalls that these are still unavailable to LGBTI persons; calls on the government to take appropriate measures, in liaison with civil society, to address the rising numbers of HIV infections and ensure access to healthcare of those most vulnerable;
Amendment 94 #
2021/2243(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas lesbophobia must be understood as violence at the intersection of homophobia and misogyny, constituting a type of violence with its own roots, patterns, modes and consequences formed by this intersectional experience; whereas one in six (16%) lesbian or bisexual women reported episodes of discrimination when accessing healthcare or social services;
Amendment 125 #
2021/2243(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas social and legal changes, as well as research in the medical and biological field, have led to the recognition of diversity in the definition of ‘sex’ in addition to women and men; whereas sex discrimination has been interpreted in the case-law of the CJEU more broadly to include transgender persons who undergo medical transition;
Amendment 132 #
2021/2243(INI)
Motion for a resolution
Recital L
Recital L
L. whereas intersecting types of discrimination can have a serious impact on the life of survivors of gender-based violence such as female or intersex genital mutilation, for example by limiting or impeding their access to the prevention, support and protection services they need as a result of a combination of types of discrimination and cultural and linguistic barriers;
Amendment 181 #
2021/2243(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to collect equality data, including data disaggregated by gender, racial and ethnic origin, based on voluntary participation, anonymity, confidentiality, self- identification and informed consent, while respecting the key principles of data protection and fundamental rights; takes note of the ongoing revision of the European statistics on population; calls on the Commission to ensure that this revision encompasses as many explicit grounds as possible, so as to ensure the collection of reliable equality data;
Amendment 190 #
2021/2243(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the appointment of a Commissioner for Equality and EU coordinators for combating racism, as well as for combating antisemitism and fostering Jewish life; stresses that in order to institutionalise an approach that takes intersectionality into account, the Commission should appoint coordinators aligned with all of the individual Equality Strategies; believes that the collective work of such coordinators will help to institutionalise intersectionality, contribute to the important work of the Commissioner for Equality and strengthen the implementation of each Strategy;
Amendment 195 #
2021/2243(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the role and cooperation of the Commission’s Task Force on Equality to be reinforced and its cooperation with other bodies to be stepped up in order to ensure that all policy measures include an intersectional perspective based on impact assessments of policies and legislation; invites the Commission to reflect further on how to best draw the strategic potential of this initiative, which can be further developed with the inclusion of the Coordinators of each equality field;
Amendment 197 #
2021/2243(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers the EC Platform on Disability to be a flagship initiative with strategic potential; invites the EC to set up similar structures to ensure full implementation of all strategies under the ‘Union of Equality’ framework;
Amendment 200 #
2021/2243(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights the need for a comprehensive directive on gender-based violence with an intersectional approach, covering all women and girls in all their diversity and LGBTIQ people on the grounds of gender identity, gender expression or sex characteristics; calls on Member States to ensure that instances of gender-based violence are appropriately investigated, prosecuted and sanctioned and that victim-support services are comprehensive enough to address all forms of violence with a victim-centred perspective, particularly that which results from intersectional discrimination;
Amendment 204 #
2021/2243(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that the principle of equal treatment for men and women cannot be confined to the prohibition of discrimination based on a person’s given sex, and that it also applies to discrimination arising from the person’s gender identity; recalls that the CJEU has interpreted sex discrimination within the principle of equal treatment as encompassing transgender persons who undergone medical transition, yet notes that no such judgements were issued concerning non-binary or intersex persons, questioning the utility and capacity of EU non-discrimination legislation for the large trans population in Europe who cannot or will not access gender affirmation healthcare or for intersex persons; recalls that such individuals will be without remedy if they suffer discrimination compared to those who have physically altered their bodies; recalls the need for EU anti- discrimination to go beyond the gender binary and recognise gender discrimination; calls on the Commission to come up with a legislative proposal that avoid any risk of legal uncertainty in this matter;
Amendment 244 #
2021/2243(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to ensure that the Council Framework Decision on combating racism and xenophobia13 , the Victim’s Rights Directive, the Racial Equality Directive and the Employment Equality Directive are consistently implemented; _________________ 13 Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law, OJ L 328, 6.12.2008, p. 55.
Amendment 272 #
2021/2243(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. CNotes that access to health can be impaired by the compounded effect of intersectional discrimination; calls on the Member States to ensure universal health coverage and to urgently remove the barriers that exist to healthcare for all, including for undocumented migrants;
Amendment 288 #
2021/2243(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Encourages the Member States to ensure accessible and transparent legal gender recognition procedures based on self-determination and in line with WHO’s ICD-11, and to recognise trans, non-binary and intersex people in law; urges Member States to ban intersex genital mutilation and to ensure that intersex infants are not subjected to non-vital medical or surgical treatment during infancy or childhood;
Amendment 14 #
2021/2231(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the European Convention on Human Rights (‘ECHR’),
Amendment 15 #
2021/2231(INI)
Motion for a resolution
Citation 8
Citation 8
— having regard to the reports of the European Commission against Racism and Intolerance (ECRI) of the Council of Europe, notably the 2016 country monitoring report on Azerbaijan,1a _________________ 1a https://rm.coe.int/fourth-report-on- azerbaijan/16808b5581
Amendment 16 #
2021/2231(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to the report of the Parliamentary Assembly of the Council of Europe ('PACE’) titled ‘Alleged violations of the rights of LGBTI people in the Southern Caucasus’,1a _________________ 1a https://pace.coe.int/en/files/29711/html
Amendment 18 #
2021/2231(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
— having regard to the report of the Commissioner for Human Rights of the Council of Europe following her visit to Azerbaijan from 8 to 12 July 2019,1a _________________ 1a https://rm.coe.int/report-on-the-visit-to- azerbaijan-from-8-to-12-july-2019-by- dunja-mija/168098e108
Amendment 88 #
2021/2231(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the EU and Azerbaijan have jointly agreed, through the 1996 Partnership and Cooperation Agreement, on the general principle of respect for democracy, principles of international law and human rights; whereas the parties foresaw to cooperate on the respect and promotion of human rights particularly to those belonging to minorities;
Amendment 92 #
2021/2231(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas the human rights of LGBTIQ people in Azerbaijan are at best discarded and at worst actively fought against by government and state institutions; whereas ILGA Europe’s Rainbow Index shows Azerbaijan as having the worst deficit in legislation and policy aiming to protect LGBTIQ people, ranking it in the worst place among all Council of Europe countries;
Amendment 96 #
2021/2231(INI)
Motion for a resolution
Recital H c (new)
Recital H c (new)
Hc. whereas hate speech and hate crime against LGBTIQ persons in Azerbaijan persist, often perpetrated by religious or political actors, leading to continued violation of their human rights; whereas in February 2022, Avaz Hafizli, a journalist and LGBTIQ human rights activist, was murdered by a family member, which spurred indignation on social media vis-à-vis the government’s poor track record of fighting against hate crime;1a whereas this is only one of the many examples of hate crimes, which due to lack of trust in law enforcement and their inaction, usually go unreported and unsanctioned; _________________ 1a https://globalvoices.org/2022/02/24/azerba ijani-journalist-and-queer-activist- murdered/
Amendment 98 #
2021/2231(INI)
Motion for a resolution
Recital H d (new)
Recital H d (new)
Hd. whereas PACE adopted in 2022 a resolution on violations of the rights of LGBTI persons in the Southern Caucasus and has made a number of requests to authorities to reform legislation in order to address such violations; whereas the PACE recommendations reflect the 2016 ECRI findings, which had noted an inexistence of data on LGBTI persons and their living conditions and that hate speech against them was widespread; whereas ECRI encouraged the government to develop an LGBTI Action Plan in order to raise awareness and promote understanding for equal treatment;
Amendment 262 #
2021/2231(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. CRecalls that the 1996 Partnership and Cooperation Agreement is predicated on respect for democracy, principles of international law and human rights, and that the former have not been systematically upheld in Azerbaijan; calls on EU institutions to ensure that any deepening of relations between the EU and Azerbaijan remains conditional on the country making substantial progress on respect for the core values and principles of democracy, human rights and fundamental freedoms;
Amendment 278 #
2021/2231(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Deeply regrets the current state of press freedom in Azerbaijan; expresses its concern at the new law on media adopted in December 2021; calls for a swift review of that law in accordance with the recommendations included in the opinion of the Venice Commission of 17-18 June 2022; urges Azerbaijan to stop persecuting bloggers and, journalists and rights defenders;
Amendment 309 #
2021/2231(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Recalls that the European Parliament’s position has been clear on non-discrimination with regard to LGBTIQ people, their protection against discrimination in law and practice, and the prosecution of all acts of abuse, hate speech and physical violence perpetrated against them;1a _________________ 1a Texts adopted: P9_TA(2020)0167
Amendment 312 #
2021/2231(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Urges Azerbaijani authorities to adopt anti-discrimination legislation adding sexual orientation, gender identity and expression and sex characteristics as prohibited grounds, alongside the adoption of civil, administrative and/or criminal proceedings to protect people from hate speech and hate crimes; calls on authorities to reform criminal legislation by adding the previous grounds as aggravating circumstances and to combat LGBTIQ-phobic violence;
Amendment 318 #
2021/2231(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Reiterates the call by PACE on the authorities of Azerbaijan to investigate cases of wrongful arrest of LGBTIQ people and prevent and combat police violence against these people;
Amendment 50 #
2021/2229(INL)
Annex to the motion for a legislative resolution
resolution 1. The number of representatives in the European Parliament elected in each Member State for the 2024-2029 parliamentary term is set as follows: Belgium 213 Bulgaria 17 Czech Republic 21 Denmark 15 Germany 96 Estonia 78 Ireland 145 Greece 21 Spain 61 France 7981 Croatia 12 Italy 76 Cyprus 6 Latvia 9 Lithuania 11 Luxembourg 6 Hungary 21 Malta 6 Netherlands 31 Austria 20 Poland 523 Portugal 21 Romania 33 Slovenia 9 Slovakia 15 Finland 15 Sweden 21
Amendment 90 #
2021/2180(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Council of Europe’s Committee of Experts on Combatting Hate Speech has prepared a draft Committee of Ministers Recommendation on Hate Speech, which provides non- binding guidance on how to address the phenomenon, currently awaiting adoption in 20221a; whereas the newly established Committee of Experts on Combatting Hate Crime is tasked with preparing until end of 2023 a draft Committee of Ministers Recommendation on Hate Crime; _________________ 1a Draft text of the Committee of Ministers Recommendation on Combating Hate Speech, accessible at https://rm.coe.int/draft-recommendation- on-combating-hate-speech-public- consultation-v-18/native/1680a2ef25; News announced at https://www.coe.int/en/web/committee- antidiscrimination-diversity-inclusion/- /the-cdadi-finalised-important- deliverables-at-its-fourth-plenary- meeting.
Amendment 186 #
2021/2180(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that in some circumstances, Member States deliberately resorted to measures which question the principle of the rule of law, such as legislation adopted in fast track procedures without public consultations or even, in exceptional cases, constitutional changes as a way to legitimise discriminatory policies that could otherwise not be legislated upon, such as provisions that specifically aim at LGBTIQ persons; recalls the Member States have a responsibility towards citizens in condition of vulnerability and should provide them with safety and protection from discrimination;
Amendment 192 #
2021/2180(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the annual report should identify cross-cutting trends at EU level; asks the Commission to identify instances where certain measures or practices that undermine the rule of law in one Member State become blueprints for others, or when the gravity and scope of such deficiencies have the potential to affect the Union as a whole; highlights that the intentional targeting of certain minority groups’ rights in some Member States have created and established a momentum elsewhere, as can be evidenced by backtracking on the rights of women and LGBTIQ persons.
Amendment 247 #
2021/2180(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines its concern at the fact that women and people in vulnerable situations, including persons with disabilities, children, religious minorities, particularly at a time of rising antisemitism and anti-Muslim hatred in Europe, Romani people and other persons belonging to ethnic and linguistic minorities, migrants, asylum seekers, refugees, LGBTI+Q persons and elderly people, continue to see their rights not being fully respected across the Union; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights and minority rights; recalls its recommendation from 2020 for future reports to assess the effect that hate crime and hate speech have on discrimination;
Amendment 253 #
2021/2180(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the infringement procedures initiated by the Commission against Hungary and Poland as part of the July 2021 infringement package concerning the respect for the human rights of LGBTIQ persons and breaches of EU law, which constitute the first time the Commission has specifically initiated infringements to safeguard their rights;
Amendment 268 #
2021/2180(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that the exercise of fundamental freedoms, including the right to be critical in public, is an element of a free and democratic society; notes that strategic lawsuits against public participation (SLAPPs) require a legislative European response that ensures the respect for democracy and fundamental rights and, inconsequence, also the rule of law; welcomes the Commission’s commitment to propose a directive against abusive litigation targeting journalists and rights defenders, emphasising that the scope must be comprehensive enough to encompass all those who are rights defenders, including individual activists;
Amendment 357 #
2021/2180(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance of the Rule of Law Conditionality Regulation where breaches of the principles of the rule of law affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union; considers that the annual report is the most appropriate place to have a dedicated section and conduct a relevant analysis; urges the Commission to launch the procedure enshrined in Article 6(1) of that regulation at least in the cases of Poland and Hungary; calls on the Commission to explore the full potential of the Common Provisions Regulation and the Financial Regulation to protect the rule lawdemocracy, fundamental rights and the rule law, thereby ensuring that EU funds are not used for initiatives which are not in compliance with EU values;
Amendment 361 #
2021/2180(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Is concerned about the Commission’s 2021 Rule of Law report’s findings that, in some countries, the state- sponsored harassment and intimidation of the LGBTIQ organisations affects their ability to access funding; calls on the Commission to assess the issue more closely and to ensure through the necessary means that the non- discrimination principle governing access to EU funds is fully complied with everywhere in the EU; considers that these findings reinforce the long-standing position of the Parliament that the scope of the Rule of Law report should be broadened to include all Article 2 TEU values;
Amendment 365 #
2021/2180(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Is concerned by the persistent failure by some Members States to implement CJEU judgements, which contribute to the erosion of the rule of law; calls on the Commission to report on the respective country chapters about the implementation of judgements by Member States in cases of partial or lack of implementation; encourages the Commission to engage with authorities in order to find suitable solutions for complete implementation and to update the information on an annual basis; recalls that the failure by Romania to implement the Coman & Hamilton judgement1a resulted in the plaintiffs having to resort to the ECtHR for redress; _________________ 1a Judgment of the Court (Grand Chamber) of 5 June 2018 (C-673/16), Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne.
Amendment 10 #
2021/2103(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to the Statement of the Commissioner for Human Rights of the Council of Europe of 16 May 2019 titled ‘Let’s defend LGBTI defenders’,1a _________________ 1a https://www.coe.int/en/web/commissioner/ -/let-s-defend-lgbti-defenders
Amendment 17 #
2021/2103(INI)
Motion for a resolution
Citation 33 a (new)
Citation 33 a (new)
— having regard to the Commission Guidance of 23 September 2020 on the implementation of EU rules on definition and prevention of the facilitation of unauthorised entry, transit and residence9a, _________________ 9a https://ec.europa.eu/info/sites/default/files /commission-guidance-implementation- facilitation-unauthorised-entry_en.pdf
Amendment 23 #
2021/2103(INI)
Motion for a resolution
Recital C
Recital C
C. whereas civic space refers to the legal and political framework in which people and groups can meaningfully participate in the political, economic, social and cultural life of their societies, exercising the right to express views, the right to information, assemble, associate and engage in dialogue with one another and with authorities;
Amendment 38 #
2021/2103(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. Whereas the right to information is a precondition for an informed public debate and for holding authorities and public institutions accountable; whereas in some Member States access to public information is being restricted;
Amendment 49 #
2021/2103(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the situation of LGBTI rights defenders in Europe was described as worrying by the Commissioner for Human Rights, who reported several instances of online and offline harassment, violent assaults, hate campaigns and death threats in Member States and neighbourhood countries; whereas this trend is interlinked with the scapegoating of other minority groups and it contravenes the principle that every person is born equal in dignity and rights;
Amendment 50 #
2021/2103(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas during the crisis of the pandemic in particular, some Member States implemented and continue to use emergency measures as an opportunity to limit freedoms of speech, assembly and association and, introduce laws unrelated to the pandemic that diminish the role of civil society;
Amendment 82 #
2021/2103(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
O a. Whereas the Union has embarked on a process of a thorough societal and economic reform which will deeply affect lives of Union citizens, in particular in the context of the European Green Deal and digital transformation; whereas this process will require a healthy civic space to allow citizens and affected communities to articulate their interests, debate policy solutions, and reach new social contracts;
Amendment 90 #
2021/2103(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Asserts the crucial role played by CSOs in the realisation of EU values and fundamental rights, and the implementation of EU policies and strategies; stresses their key contribution to informed public debate, articulating aspirations present in society, giving a voice to vulnerable and marginalised people, providing expertise in policy-making, holding authorities and public institutions accountable, monitoring use of public funds, promoting active citizenship and acting as schools of democracy;
Amendment 97 #
2021/2103(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that for civil society organisations to thrive, civic space must be an enabling and safe environment free from undue interference, intimidation, harassment and chilling effects, such as SLAPPs, incitement to hatred and/or violence against rights defenders and organisations, and the creation of legal or administrative hurdles affecting their daily operations;
Amendment 99 #
2021/2103(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that for civil society organisations to thrive, civic space must be an enabling and safe environment free from undue interference, intimidation, harassment and chilling effects and that the responsibility to maintain a favourable environment for civil society lies with Member States;
Amendment 116 #
2021/2103(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recognises that the strategic goals of the Union, such as combating the climate change, digital transformation and recovery from the COVID-19 pandemic, will be impossible to achieve without a healthy civic space and the contribution of CSOs, which work towards these goals among European societies while ensuring that interests and rights of stakeholders and affected communities are respected;
Amendment 118 #
2021/2103(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s acknowledgement of the importance of civil society in a number of EU policies and strategies including through the 1.55 billion EUR that has been allocated under the Citizenship, Equality, Rights and Values Programme; stresses, however, that the fragmented nature of this approach results in little effective improvement of the situation of CSOs on the ground;
Amendment 125 #
2021/2103(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission, therefore, to adopt a comprehensive civil society strategy that integrates all existing tools, fills monitoring, support and protection gaps, and gives genuine political recognition to the crucial role played by CSOs in the realisation of EU values and policies; considers that the strategy should outline a set of concrete measures that will ensure consistent access of CSOs to policy debates and legislative process on Union level, as well as to monitoring of implementation of Union policies and the Union budget;
Amendment 127 #
2021/2103(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission, therefore, to adopt a comprehensive civil society strategy that integrates all existing tools, fills monitoring, support and protection gaps, and gives genuine political recognition to the crucial role played by CSOs in the realisation of EU values and policies; calls, for the Commission to explore initiatives to strengthen the support networks available to CSOs, particularly in contexts where it is under threat;
Amendment 130 #
2021/2103(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that the scapegoating of minorities and vulnerable groups such as women and LGBTI persons is not an isolated event, but functions as a premeditated and gradual dismantling of fundamental rights, which are protected in Article 2 TEU, constituting part of a larger political agenda which has been called ‘anti-gender’ campaigns; calls on Member States to be particularly cautious of initiatives that attempt to roll-back on acquired rights which were designed to prevent and protect persons from discrimination and to promote equality;
Amendment 146 #
2021/2103(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the contribution of CSOs to the singleternal market and the social economy, as well as their role in the realisation of EU values and policies, is a strong argument for removing the barriers to their operations at EU level; calls on the Commission, therefore, to propose legislation to approximate Member State laws in this regardadequately respond with legislative measures in order to reach this objective;
Amendment 153 #
2021/2103(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to include a systematic civic space check in its impact assessments providing clearer criteria for what constitutes an enabling space for civil society in order to prevent planned legislation from having negative effects on civic space;
Amendment 162 #
2021/2103(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to limit peaceful assemblies only if strictly necessary in accordance with applicable law and in a proportionate way; condemns any unnecessary use of force against protesters, as well as their criminalisation and surveillance; calls on the Commission to issue guidelines for the protection of freedom of peaceful assembly;
Amendment 174 #
2021/2103(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Condemns that CSO representatives in some Member States face physical and verbal attacks, harassment and intimidation both in online and offline forms as a direct result of their work; further regrets that the mental health effects faced by these representatives can include burnout, depression, 'helping induced trauma' and ‘compassion fatigue’ and that the psychological impacts that their work can have on CSO representatives are under- researched12a; _________________ 12a https://fra.europa.eu/sites/default/files/fra _uploads/fra-2018-challenges-facing- civil-society_en.pdf
Amendment 183 #
2021/2103(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the setting up of an EU alert mechanism allowing CSOs and human rights defenders to register attacks and seek supportNotes that the Union currently lacks efficient procedures to provide an adequate response when CSOs report that democratic standards and civic space in Member States are under threat; supports the creation of a comprehensive European strategy on civil society, acknowledging its vital role in promotion and application of European values that could include an EU alert mechanism for attacks on civil society;
Amendment 185 #
2021/2103(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Restates that no proper response has yet been given to Parliament’s initiative on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights to be governed by an interinstitutional agreement between Parliament, the Commission and the Council; calls on the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement pursuant to Article 295 TFEU; recalls that the monitoring of civic space is deeply linked with democracy and fundamental rights, and that a mechanism to monitor Article 2 TEU values is the best tool for a holistic approach in such respect;
Amendment 195 #
2021/2103(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to propose a comprehensive set of measures and recommendations to ensure adequate and enabling long-term financing for CSOs; stresses the importance of securing complementary sources of funding, from both local and national sources, as this will enable these organisations to be resilient against any potential government restrictions on external funding; emphasises that public funding should cover all types of civil society activities which promote and protect the values of our Union;
Amendment 214 #
2021/2103(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the adoption with an increased budget of the Citizens, Equality, Rights and Values Programme with an increased budget of 1,55 billion EUR for the 2021 - 2027 period, as a meaningful response to the challenges faced by the civil society in the EU and a first step towards creating a more systemic framework of assistance for Union’s CSOs; calls on the Commission to actively consult CSOs in the definition of work programmes and funding mechanisms so as to ensure transparency, flexibility and user- friendliness; welcomes re-granting mechanisms in the Union Values strand;
Amendment 222 #
2021/2103(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Considers that openness and transparency are key to establish CSOs’ accountability and public trust as long as they serve the purpose to ensure legitimate public scrutiny and that reporting requirements remain necessary and proportionate; condemns any abuse of transparency measures to stigmatize particular civil society organisations;
Amendment 233 #
2021/2103(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Commission to ensure that EU funds allocated to CSOs are only awarded to organisations that are strictly independent from any government and fully adhere to EU values;
Amendment 5 #
2021/2036(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that an independent, impartial, professional and responsible media is a key pillar of democracy; expresses serious concerns about the situation in some Member States whereby media laws allow for greater political interference; Call on the Member States to ensure that media ownership including shareholders is transparent given their role to guarantee media pluralism;
Amendment 10 #
2021/2036(INI)
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
— having regard to LGBTIQ Equality Strategy (2020-2025) (COM(2020)698),
Amendment 14 #
2021/2036(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concerned that the current COVID-19 pandemic not only continues to have a significant negative impact on public health, social welfare and the economy, but also entails a serious threat to media freedom; warns that governments across the world could use the coronavirus emergency as an excuse to implement draconian new restrictions on freedom of expression and tighten media censorship; stresses that no EU funds should be allocated to media that is controlled by Member States government ; calls on the Commission to mobilise funds to encourage anti-corruption investigative journalism;
Amendment 28 #
2021/2036(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to propose a directive against strategic lawsuits to set minimum standards for all Member States against public participation (SLAPPs) in order to protect independent media and journalists from vexatious lawsuits intended to silence or intimidate them; to provide EU harmonized rules recognising and defining SLAPPs to identify abusive lawsuits and have them dismissed at an early stage; to support at EU level trainings for press publishers’ in-house lawyers to allow them to identify and deal with SLAPPs faced by the company and its editorial team, stresses the need to create an EU fund to support victims of SLAPP; Supports the creation of networks between SLAPP victims so they can coordinate and come together;
Amendment 30 #
2021/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive and the shrinking of the space available for civil society work can negatively impact democracies;
Amendment 55 #
2021/2036(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to guarantee that the public service media isare free from censorship and political influence including economic pressures; invites the Member States, in this regard, to establish the necessary regulatory frameworks to monitor media ownership and ensure full transparency;
Amendment 60 #
2021/2036(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) based on civil and criminal law, as well as the threats of such actions, with the purpose of preventing reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participation; and freedom of expression and of assembly
Amendment 67 #
2021/2036(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Encourages the Member States to introduce effective measures to ensure better protection for the personal safety of journalists, in particular investigative journalists. Calls on the Member States to adopt preventive measures, such as police protection and availability of schemes providing relocation, safe houses or shelters whenever there is a threat to journalists; emphasises that ensuring the safety of journalists is paramount to ensuring that democracy and freedom of expression is protected;
Amendment 70 #
2021/2036(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Encourages the Member States to introduce effective measures to ensure better protection for the personal safety of journalists, in particular investigative journalists.; calls on the Commission and the Member States to present legislative and non-legislative proposals to protect journalist resources;
Amendment 75 #
2021/2036(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Supports essential training for journalists from minority groups so that they are not silenced; Stresses that various cultures should be visible in the mainstream media of Member States;
Amendment 77 #
2021/2036(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the Member States and media organisations to support and develop incentive measures, for the equal representation of women and men in the profession at all levels;
Amendment 78 #
2021/2036(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Stresses the need of the regulation of the journalistic profession, by setting specific criteria in all Member States for a person in order to acquire the status of a journalist;
Amendment 83 #
2021/2036(INI)
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society andhuman rights defenders and civil society organisations, including NGOs, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis;
Amendment 85 #
2021/2036(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the LGBTIQ Equality Strategy acknowledges that civil society organisations protecting and advancing the rights of LGBTIQ people increasingly report that they face hostility, coinciding with the rise of the anti-gender (and anti- LGBTIQ) movement; whereas LGBTI activists are often the targets of defamation campaigns due to their advocacy work for LGBTI equality; whereas Polish activists such as the ‘Atlas of Hate’ group and the creator of the ‘LGBT-free zone’ photo project (Bart Staszewski) are currently facing several SLAPP cases and are liable for dozens of thousands of euros if they lose them;
Amendment 86 #
2021/2036(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas SLAPPs against civil society, journalists and human rights defenders often serve the purpose of harassing them and their activities, often causing them to consider whether to continue exercising their freedom of expression or to instead exercise self- censorship and restraint in order to avoid legal repercussions; whereas many civil society organisations, including NGOs, journalists and human rights defenders may consider the trade-off to be too costly and instead opt for self-censorship; whereas this illustrates the ‘chilling effect’ SLAPPs have on those seeking to exercise rights freely;
Amendment 128 #
2021/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs are a direct attack on the exercise of fundamental rights and freedoms; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining freedom of expression, freedom of assembly, media freedom and public democratic participation threatens Union values as enshrined in Article 2 of the TEU; welcomes the fact that the rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to best practices in countering them; calls for the annual report to include a thorough assessment of the legal environment for the media, and investigative journalism in particular as well as the chilling effect that SLAPPs can have on civil society, human rights defenders and activists;
Amendment 151 #
2021/2036(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that public participation also has an important role to play in the proper functioning of the internal market, as it is often through public participation that breaches of Union law, including fundamental rights, corruption and other practices threatening the proper functioning of the internal market are made known to the public;
Amendment 177 #
2021/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, NGOs, academics and, civil society organisations, including NGOs, and human rights defenders, including those defending LGBTQIQ rights, thus threatening media freedom, freedom of expression and assembly, as well as public safety given that online hate speech can incite real-worldoffline violence;
Amendment 197 #
2021/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of journalists, academics, civil society and NGOs,organisations, including NGOs, and human rights defenders with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; points out that this chilling effect can lead to self- censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 224 #
2021/2036(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to protect journalists, academics, civil society and NGOorganisations, including NGOs, and human rights defenders and to ensure that fundamental rights are upheld in the Member States;
Amendment 251 #
2021/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous civil society organisations, academics, legal practitioners and victims who point to the need for legislative action against the growing problem of SLAPPs; urgently calls, therefore, for the Brussels I and Rome II Regulations to be amendments in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls for the introduction of a uniform choice of law rule for defamation, as well as for proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights of freedom of expression, assembly, association and information in the Union; is concerned that if measures only address lawsuits regarding infordefamation, actions based on other civil matters or criminal procedures may still be used;
Amendment 275 #
2021/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, academics, civil society andhuman rights defenders and civil society organisations, including NGOs, in preventing breaches of Union law and ensuring the proper functioning of the internal market; urges the Commission to present a proposal for legislation that sets out safeguards for persons investigating and reporting on these matters of public interest;
Amendment 322 #
2021/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the urgent need for a robust fund for supporting victims of SLAPPs; stresses the importance for victims and potential victims of SLAPPs to have easy and accessible information about these type of cases, legal aid and support;
Amendment 28 #
2021/2035(INL)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the Commission’s Communication "Gender Equality Strategy (2020-2025)", published on 5 March 2020,
Amendment 31 #
2021/2035(INL)
Motion for a resolution
Citation 14 d (new)
Citation 14 d (new)
– having regard to the Commission’s Communication: "EU Strategy on the rights of the child (2020-2025)", published on 24 March 2021,
Amendment 40 #
2021/2035(INL)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the LGBTIQ Equality Strategy 2020-2025 of 12 November 2020,
Amendment 44 #
2021/2035(INL)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
– having regard to the EU Strategy on victims’ rights (2020-2025),
Amendment 47 #
2021/2035(INL)
Motion for a resolution
Citation 15 c (new)
Citation 15 c (new)
– having regard to the UN brief ‘COVID-19 and Ending Violence Against Women and Girls’, 20201a _________________ 1a https://www.unwomen.org/- /media/headquarters/attachments/sections /library/publications/2020/issue-brief- covid-19-and-ending-violence-against- women-and-girls-en.pdf?la=en&vs=5006
Amendment 50 #
2021/2035(INL)
Motion for a resolution
Citation 15 d (new)
Citation 15 d (new)
– having regard to the legal opinion of the advocate general of the European Court of Justice on the Istanbul Convention, aimed at clarifying the legal uncertainty about if and how the EU can access and ratify the Convention, delivered on March 11, 20211a, _________________ 1a https://curia.europa.eu/juris/document/do cument.jsf?docid=238745&doclang=en
Amendment 67 #
2021/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas gender-based violence is violence directed against women because they are women andor it affects women disproportionately; whereas LGBTI persons are also victims of gender-based violence because of their gender, gender identity, gender expression and sex characteristics; whereas gender-based violence is rooted in gender stereotypes, patriarchal structures and power asymmetriremains one of our societies’ biggest challenges and is deeply rooted in gender inequality and gender stereotypes;
Amendment 84 #
2021/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the European Institute for Gender Equality defines femicide as the killing of women and girls because of their gender; whereas it can take different forms such as the murder of women as a result of intimate partner violence, killing of women and girls because of their gender, sexual orientation, gender identity, gender expression and sex characteristics, as well as female and intersex genital mutilations and so called "honour killings";
Amendment 98 #
2021/2035(INL)
Motion for a resolution
Recital E
Recital E
E. whereas there is a lack of updated, comprehensive and comparable disaggregated data on all forms of gender- based violence across the Member States;
Amendment 119 #
2021/2035(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 122 #
2021/2035(INL)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the Council of Europe Convention on preventing and combating violence against women and domestic violence (the ‘Istanbul Convention’) has been signed by all Member States and ratified by 21; whereas disinformation campaigns to undermine gender equality also block progress on the issue of eliminating violence against women, as has been seen in relation to the Istanbul Convention, leading to public opposition and regrettable political decisions in some Member States;
Amendment 123 #
2021/2035(INL)
Fc. whereas a possible addition of gender-based violence to article 83(1) of the Treaty on the Functioning of the European Union (TFEU) requires to establish that it is a particularly serious crime with a cross-border dimension resulting from the nature of the offence, the impact of the offence, or a special need to combat the offence on a common basis;
Amendment 124 #
2021/2035(INL)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas gender-based violence is a huge and structural problem in our society, affecting a significant part of the European population, with EU surveys showing that one in three women has experienced sexual and/or physical violence during her life, and one in two women (55%) has experienced sexual harassment1a; _________________ 1aEuropean Union Agency for Fundamental Rights entitled ‘Violence against women: an EU-wide survey’, published in 2014
Amendment 125 #
2021/2035(INL)
Motion for a resolution
Recital F e (new)
Recital F e (new)
Fe. whereas the COVID-19 pandemic has resulted in an increase in domestic violence across Member States, with women and girls, children and LGBTI+ persons shown to be disproportionately impacted by this form of violence, as they can be exposed to abusers for long periods of time and can be cut off from social and institutional support; whereas community support for these vulnerable groups has been dramatically restricted given the measures taken in response to the pandemic;
Amendment 128 #
2021/2035(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns all forms of violence against women and girls and other forms of gender-based violence, such as violence against LGBTI persons, and deplores the fact that women and girls continue to be exposed to psychological, physical, sexual and economic violence, including sexual exploitation and trafficking in human beings, both online and offline online and offline, which is considered to refer to different acts of violence that result in, or are likely to result in, physical, sexual or psychological harm or suffering and which common feature is that they are directed against a person because of that person’s gender or that affects them disproportionately;
Amendment 136 #
2021/2035(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that “violence against women” is understood as a violation of human rights and a form of discrimination against women and shall mean all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;
Amendment 137 #
2021/2035(INL)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that “domestic violence” shall mean all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim; emphasises that the COVID-19 pandemic has highlighted the volume of gender-based violence experienced by women and girls across the EU, particularly in the form of domestic violence, resulting in an overwhelming need for support services for these victims;
Amendment 138 #
2021/2035(INL)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Reminds that according to Article 3(3), second subparagraph, TEU, “the EU shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child”; and that pursuant to Article 5(2)TEU, “under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union in the Treaties remain with the Member States”;
Amendment 144 #
2021/2035(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Denounces femicide as the morest extreme form of gender-based violence against women and girls and a very severe violation of human rights;
Amendment 150 #
2021/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power, patriarchal structures, and gender stereotypes, that have led to domination over and discrimination against women by men; underlindeeply rooted in structural inequalities in our society and are still shrouded in silence and continue to be one of the most severe violations of human rights; gender-based violence remains widespread and it has a huge impact on victims, their families, and communities; that thise situation is aggravated by social and economic inequalitiefurther exacerbated by gender biases, stereotypes and the continuous manifestation of historically unequal power relations;
Amendment 173 #
2021/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the wide range of psychological impacts that gender-based violence has on victims, including stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and of sense of control; recalls that gender- based violence also has a social and economic impact; underlines that the mental health impacts can include severe social consequences for the victims regarding, among others, their participation in the society, resulting in their inability to engage as a productive member of a society or fully exercise their rights as EU citizens, and highlights that provision of mental health services for victims of those crimes is often provided as well by NGOs and civil society actors;
Amendment 180 #
2021/2035(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights the detrimental economic impacts that gender-based violence and the subsequent mental health issues it causes, can have on victims, including their ability to seek employment and the financial burden imposed on them by taking legal action; taking into account therefore the estimated annual societal costs of gender- based violence (290 billion) exceeding the estimated annual costs of particularly serious crimes listed under art 83(1)1a; _________________ 1aEPRS interim European Added Values Assessment (EAVA) on gender-based violence, p.35
Amendment 194 #
2021/2035(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Denounces the fact that the combat against gender-based violence is negatively affected by the attack on women’s rights and gender equality; condemns the actions of anti-gender and anti-women movements in Europe and worldwide that aim to overturn existing laws on women’s rights and LGBTI+ rightsFirmly believes that the EU must make combating gender-based violence in all its forms a policy priority; denounces all movements that undermine this goal;
Amendment 208 #
2021/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists on actions to prevent gender- based violence by addressing the underlying causes, including counteracting sexism, gender stereotypes and patriarchal values of gender inequality; underlines the need for gender equality to have a central place in education which challenges gender stereotypes and supports the development of non-violent relationships, and the need for an EU-wide awareness-raising campaigns on gender stereotypes, which includes information targeted at educating our younger citizens about gender equality;
Amendment 232 #
2021/2035(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to improve the regular availability and comparability of quality, disaggregated data on all forms of gender- based violence at EU and national level and for the harmonisation of data collection systems among Member States, through cooperation with Eurostat, the European Union Agency for Fundamental Rights and the European Institute for Gender Equality; believes that quality data will be essential for clear and measurable targets in the elimination of gender-based violence;
Amendment 238 #
2021/2035(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the need for targeted policies to address the situation of survivorsvictims of gender-based violence who experience intersectional forms of discrimination, such as women refugees, asylum seekers and migrants, indigenous women, racialised women, women from religious and ethnic minorities, lesbian, bisexual and trans women, elderly women and women wibased on several personal characteristics such as race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, gender identity, age, state of health, disabilitiey, marital status, migrant or refugee status, or other status;
Amendment 245 #
2021/2035(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Regrets that cyber violence disproportionally affects women and girls, including online harassment, cyberbullying and sexist hate speech (the cost of cyber harassment and cyber stalking is estimated between €49.0 and €89.3 billion1a) and is becoming increasingly common; deplores that gender-based cyberviolence reduces the participation of women from public debate which, as consequence, degrades our democratic principles; regrets that this ‘silencing effect’ has been particularly aimed at targeting women politicians, journalists and activists, with the intention of discouraging the presence of women in the political life and decision-making spheres; _________________ 1a https://www.europarl.europa.eu/RegData/ etudes/STUD/2021/662621/EPRS_STU(2 021)662621_EN.pdf
Amendment 248 #
2021/2035(INL)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Is deeply worried about the nature, extent and gravity of gender-based violence and harassment in the workplaces; welcomes in this regard the recently adopted ILO Convention 190 on violence and harassment in the world of work and calls on the Member States to ratify and implement it without delay; calls also on the Commission and the Member States to adequately complete the existing framework for effective measures to prohibit violence and harassment in the workplace, as well as preventive measures, effective access to gender- responsive, safe and effective complaint and dispute resolution mechanisms, training and awareness-raising campaigns, psychological support services and remedies;
Amendment 252 #
2021/2035(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that violationEncourages the Commission to promote regular exchanges of good practices between member states and stakeholders ofn sexual and reproductive rights are a form of violence against women and girlshealth rights, within its proposals for additional measures to prevent and combat forms of gender-based violence;
Amendment 274 #
2021/2035(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the Commission must address the particular situation of migrant women’s protection againstmigrant women are particularly vulnerable to gender-based violence, and; recalls that under Directive 2012/29/EU of the European Parliament and of the Council6 access toall victims of gender- based violence deserve to receive appropriate protecinformation, support services and effective remedies must be available to all victims of gender-based violence, independent ofand protection and are able to participate in criminal proceedings, and that all rights must apply in a non-discriminatory manner, including with respect to their residence status5a; _________________ 65aas set out in Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).
Amendment 287 #
2021/2035(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to take all necessary measures to promote and ensure the protection of women and girls in all their diversity and all survivorvictims of gender- based violence against all forms of violence;
Amendment 293 #
2021/2035(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the obligation on Member States to ensure that there is support and services for survivorvictims of gender- based violence; recalls the importance, in that context, of support to independent civil society and women’s shelter organisations in particular with regards to the provision of essential psychological and legal consultation supports;
Amendment 304 #
2021/2035(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to step up their work in order to ensure that victims have access to justice, including restorative justice, and to guarantee that the rights of the victim are placed at the centre in order to avoid discrimination, traumatisation or revictimisation during judicial, medical and police proceedings; underlines with concern that most Member States still have issues with complete/correct transposition and/or practical application of the Victim’s Rights Directive, as reflected in the Commission’s Strategy on victim’s rights, and calls on their due diligence for its complete and correct transposition;
Amendment 312 #
2021/2035(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to improve the resources and training of practitioners, law enforcement officers and all professionals dealing with victims of gender-based violence; calls on Members States to ensure that victims have the right to state-funded legal aid before and during legal proceedings;
Amendment 322 #
2021/2035(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that gender-based violence is a particularly serious crime and a widespread violation of fundamental rights in the Union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of a patriarchal society that has a cross-border dimension; points, in particular, at the growing anti- gender and anti-women movements, which are well organised and have a cross-border naturewith profound impact on individual fundamental rights and freedoms as well as on the population which needs to be addressed with greater efficiency and determination; stresses the cross-border dimension of gender-based violence, directly stemming from the impact of this offence across the Member States, as well as from the need of a common action at EU level; considers that the great individual, economic and societal impacts across all Member States, taking into account the estimation of the societal cost of 290 billion euros of gender-based violence, reaffirms the need to combat gender-based violence in its multiple dimensions on a common EU basis;
Amendment 336 #
2021/2035(INL)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Strongly advocates for all EU Member States and for the EU to ratify the Istanbul Convention; regrets that six Member States have yet to do so; emphasises that both an EU-wide accession to this Convention together with the parallel recognition of gender-based violence under the TFEU are needed in order to adequately address the problem;
Amendment 347 #
2021/2035(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the special need to combat violence against women and girls and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions, thus contributing to law enforcement in cross border operations;
Amendment 348 #
2021/2035(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the special need to combat violence against women and girls in all their diversity and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions;
Amendment 364 #
2021/2035(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to propose a directive on gender-based violence that implements the standards of the Istanbul Convention and includes the following elements: prevention, including through gender-sensitive education programming directed at both girls and boys, and empowerment of women and girls; support services and protection measures for survivorvictims; combating all forms of gender-based violence, including violations of women’s sexual and reproductive health and rights; and minimum standards for law enforcement; and minimum standards for law enforcement, cooperation among Member States and the exchange of best practices, information and expertise; stresses that this new directive shall be complementary to existing and upcoming legislative and non-legislative measures in order to achieve a coherent EU action in gender equality, as well as an eventual ratification of the Istanbul Convention; believes that the implementation of these measures could be facilitated by the national equality bodies;
Amendment 373 #
2021/2035(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 387 #
2021/2035(INL)
Motion for a resolution
Annex I – Recital 5
Annex I – Recital 5
(5) Gender-based violence is violence directed against women because they are women and it affects women disproportionately. LGBTI persons are also victims of gender-based violence because of their gender, gender identity, gender expression and sex characteristics. Gender- based violence is rooted in gender stereotypes, patriarchal structures and power asymmetries stereotypes are a root cause of gender inequality and affect all areas of society.
Amendment 390 #
2021/2035(INL)
Motion for a resolution
Annex I – Recital 7
Annex I – Recital 7
(7) Gender-based violence constitutes a violation of fundamental rights such as the right to security and the rights to life and to physical integrity, human dignity, prohibition of torture and inhuman or degrading treatment or punishment, prohibition of slavery and forced labour, respect for private and family life enshrined in Articles 61, 2 and 3, 3, 4, 5, 6, 7 of the Charter, respectively.
Amendment 134 #
2021/2025(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Expresses concern at the use of legal measures by governments and powerful individuals to silence critics, such as the use of strategic lawsuits against public participation (SLAPPs), or the use of laws curtailing the right to freedom of expression in a manner incompatible with international human rights law, for example against LGBTI and women’s activists;calls on the Commission to accelerate the setting up of the expert group on SLAPPs as foreseen in the European Democracy Action Plan, to begin its work as soon as feasible and to ensure any upcoming legislative proposal addresses these issues;
Amendment 183 #
2021/2025(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses in particular the deterioration of the independence of some Member States’ equality bodies since the publication of the reports, which constitutes an immediate threat to the fundamental rights of citizens;
Amendment 403 #
2021/0420(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Being the entry and exit points for the land infrastructure of the trans- European transport network, maritime ports play an important role as cross-border multimodal nodes which serve not only as transport hubs, but also as gateways for trade, industrial clusters and energy hubs, for example with regard to the deployment of on-shore and off-shore wind installations.
Amendment 414 #
2021/0420(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) Maritime seaports are clean energy hubs of the future and important facilitators of the energy transition across Europe. In their role as energy hubs, maritime seaports play a key role in realising the EU’s climate objectives for 2030 and 2050, as well as the ambitions outlined in the REPowerEU plan.
Amendment 415 #
2021/0420(COD)
Proposal for a regulation
Recital 46 b (new)
Recital 46 b (new)
(46b) Maritime seaports increasingly take up new responsibilities and are involved in new services, such as sustainable energy production, research on the blue economy, and military mobility. In their role as multi-service actors, maritime seaports can substantially contribute to a sustainable, digital and resilient European economy.
Amendment 1124 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 4 – introductory part
Article 24 – paragraph 4 – introductory part
4. A maritime port shallIn order to be part of the comprehensive network where, a maritime port shall meet at least one of the following conditions is met:
Amendment 1141 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 4 a (new)
Article 24 – paragraph 4 a (new)
4a. It is considered by its Member State as a critical node for the supply of renewable energy in the EU and is considered to be instrumental to reach the ambitions of REPowerEU.
Amendment 1146 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 4 b (new)
Article 24 – paragraph 4 b (new)
4b. The total annual wind energy volume, derived from both onshore and offshore wind, imported through the maritime port exceeds 0.1% of the total annual wind energy deployed by the Union. The reference amount for this volume is the latest available five-year average, based on the statistics published by Eurostat.
Amendment 605 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling at least two majority of the following, without prejudice to collective agreements between digital labour platforms and persons performing platform work:
Amendment 616 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) effectivelyDe facto determining, or setting upper limits for thethe total level of remuneration, beyond what is required by law;
Amendment 627 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) requiring the person performing platform work to respect specificextensive binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work;, beyond what is required by law or reasonably necessary to safeguard health and safety or to ensure the essential functioning of the service.
Amendment 640 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) supervising the performance of work or verifying the quality of the results of the work including by eleincluding by electronic means beyond what is required by law or reasonably necessary to safeguard health and safety or to ensure the essential functrionic means;ng of the service.
Amendment 649 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) effectivelyDe facto restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes;
Amendment 657 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) effectivelyde facto restricting the possibility to build a client base or to perform work for any third party.
Amendment 745 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case- law of the Court of Justice, the burden of proof shall be on the digital labour platform. Such proceedings shall not have suspensive effect on the application of the legal presumption.
Amendment 770 #
2021/0414(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Improvement of working conditions for genuine self-employed persons performing platform work Ensuring correct determination of the employment status shall not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides, in agreement with the persons concerned, to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such shall not be regarded as determining elements indicating the existence of an employment relationship.
Amendment 251 #
2021/0250(COD)
Proposal for a directive
Recital 19
Recital 19
(19) With a view to enhancing transparency in order to combat the misuse of legal entities, Member States should ensure that beneficial ownership information is stored in a central register located outside the company, in full compliance with Union law. Member States can, for that purpose, use a central database, which collects beneficial ownership information, or the business register, or another central register. Member States may decide that obliged entities are responsible for filling in the register. Member States should make sure that in all cases that information is made available to competent authorities and FIUs and is provided to obliged entities when they take customer due diligence measures. Account should be taken of the specific legal concept of the trust in Common Law jurisdictions and the fact that the beneficial owner may not always be identifiable, particularly in the case of secret, half-secret, resulting, or purpose/charitable trusts or that the number of beneficial owners may be so extensive that maintaining a full and complete register may not be feasible.
Amendment 259 #
2021/0250(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The accuracy of data included in the beneficial ownership registers is fundamental for all of the relevant authorities and other persons allowed access to that data, and to make valid, lawful decisions based on that data. Therefore, where sufficient reasons arise, after careful analysis by the registrars, and taking account of the specific concept of the trust in Common Law jurisdictions, to doubt the accuracy of the beneficial ownership information held by the registers, legal entities and legal arrangements should be required to provide additional information on a risk-sensitive basis. In addition, it is important that Member States entrust the entity in charge of managing the registers with sufficient powers to verify beneficial ownership and the veracity of information provided to it, and to report any suspicion to their FIU. Such powers should extend to the conduct of inspections at the premises of the legal entities.
Amendment 471 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Account shall be taken of the specific legal concept of the trust in Common Law jurisdictions and the fact that the beneficial owner may not always be identifiable, particularly in the case of secret, half-secret, resulting, or purpose/charitable trusts or that the number of beneficial owners may be so extensive that maintaining a full and complete register may not be feasible.
Amendment 228 #
2021/0239(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) There is a need to ensure a level playing field among the different types of legal forms and to avoid the misuse of trusts and legal arrangements, which are often layered in complex structures to further obscure beneficial ownership. Trustees of any express trust administered in a Member State should thus be responsible for obtaining and holding adequate, accurate and current beneficial ownership information regarding the trust, and for disclosing their status and providing this information to obliged entities carrying out costumer due diligence. Any other beneficial owner of the trust should assist the trustee in obtaining such information. Account should be taken of the specific legal concept of the trust in Common Law jurisdictions and the fact that the beneficial owner may not always be identifiable, particularly in the case of secret, half-secret, resulting, or purpose/charitable trusts or that the number of beneficial owners may be so extensive that maintaining a full and complete register may not be feasible.
Amendment 267 #
2021/0239(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – introductory part
Article 2 – paragraph 1 – point 7 – introductory part
(7) ‘trust or company service provider’ means any person that, by way of its business, provides any of the following services to publicly identifiable third parties:
Amendment 282 #
2021/0239(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘beneficial owner’ means any natural person who ultimately owns or controls a legal entity or express trust or similar legal arrangement, as well as any publicly identifiable natural person on whose behalf or for the benefit of whom a transaction or activity is being conducted;
Amendment 324 #
2021/0239(COD)
‘payment account’ means an account as defined in Article 4, point (12) of Directive (EU)2015/2366 and distinguished from payment instruments.
Amendment 777 #
2021/0239(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. In case of legal entities other than corporate entities, the beneficial owner(s) as defined in Article 2(22) shall be the publicly identifiable natural person identified according to paragraph 1 of this Article, except where Article 43(2) applies.
Amendment 909 #
2021/0239(COD)
Proposal for a regulation
Chapter VII – title
Chapter VII – title
VII Measures to mitigate risks deriving from anonymous instrumentproducts/services
Amendment 182 #
2021/0050(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Directive 2006/54/EC of the European Parliament and of the Council42 provides that for the same work or for work of equal value, direct and indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration is to be eliminated. In particular, where a job classification system is used for determining pay, it should be based on the same objective criteria for both men and women and should be drawn up so as to exclude any discrimination on grounds of sex. _________________ 42 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23).
Amendment 205 #
2021/0050(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The gender pay gap is caused by various factors, part of which can be attributed to direct and indirect gender pay discrimination. Segregation of the labour market is one of the major root causes of the pay gap and needs to be addressed. A general lack of transparency about pay levels within organisations maintains a situation where gender-based pay discrimination and bias can go undetected or, where suspected, are difficult to prove. Binding measures are therefore needed to improve pay transparency, encourage organisations to review their pay structures to ensure equal pay for women and men doing the same work or work of equal value, and enable victims of discrimination to enforce their right to equal pay. This needs to be complemented by provisions clarifying existing legal concepts (such as the concept of ‘pay’ and ‘work of equal value’) and measures improving enforcement mechanisms and access to justice.
Amendment 213 #
2021/0050(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market. The application of the principle of equal pay between men and women should be enhanced by eliminating direct and indirect pay discrimination. This does not preclude employers to pay differently workers doing the same work or work of equal value on the basis of objective, gender-neutral and bias-free criteria such as performance and competence.
Amendment 241 #
2021/0050(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Article 10 of the Treaty on the Functioning of the European Union provides that, in defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Article 4 of Directive 2006/54/EC provides that there shall be no direct or indirect discrimination on grounds of sex, notably in relation to pay. Gender- based pay discrimination where a victim’s sex plays a crucial role can take many different forms in practice. It may involve an intersection of various axes of discrimination or inequality where the worker is a member of one or several groups protected against discrimination on the basis of sex, on the one hand, and racial or ethnic origin, religion or belief, disability, age or sexual orientation (as protected under Directive 2000/43/EC or Directive 2000/78/EC), on the other hand. Migrant women and women with disabilities are among groups who face such multiple forms of discrimination. This directive should therefore clarify that, in the context of gender-based pay discrimination, such a combination should be taken into account, thus removing any doubt that may exist in this regard under the existing legal framework. This should ensure that the courts or other competent authorities take due account of any situation of disadvantage arising from intersectional discrimination, in particular for substantive and procedural purposes, including to recognise the existence of discrimination, to decide on the appropriate comparator, to assess the proportionality, and to determine, where relevant, the level of compensation awarded or penalties imposed. Women with disabilities should therefore be included in the scope of this Directive. This Directive should also ensure that the specific obstacles which they face and their needs are taken into account, including in relation to the accessibility of information, the right to compensation and data disaggregation, in compliance with the United Nations Convention on the Rights of Persons with Disabilities.
Amendment 249 #
2021/0050(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Gender equality is a key economic asset to promote fair and inclusive economic growth and reducing inequalities is a goal in terms of equal treatment as well as in terms of labour market efficiency. In order to respect the right to equal pay between men and women, employers must have pay setting mechanisms or pay structures in place ensuring that there are no pay differences between male and female workers doing the same work or work of equal value that are not justified by objective and gender- neutral factors. Such pay structures should allow for the comparison of the value of different jobs within the same organisational structure. In line with the case law of the Court, the value of work should be assessed and compared based on objective criteria, such as educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved.49 _________________ 49 For example, Case C-400/93, Royal Copenhagen, ECLI:EU:C:1995:155; Case C-309/97, Angestelltenbetriebsrat der Wiener Gebietskrankenkasse, ECLI:EU:C:1999:241; Case C-381/99, Brunnhofer, ECLI:EU:C:2001:358; Case C-427/11, Margaret Kenny and Others v Minister for Justice, Equality and Law Reform and Others [2013] ECLI:EU:C:2013:122, paragraph 28.
Amendment 251 #
2021/0050(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to respect the right to equal pay between men and women, employers must have pay setting mechanisms which could be established through social partners or pay structures in place ensuring that there are no pay differences between male and female workers doing the same work or work of equal value that are not justified by objective and gender-neutral factors. Such pay structures should allow for the comparison of the value of different jobs within the same organisational structure. In line with the case law of the Court, the value of work should be assessed and compared based on objective criteria, such as educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved.49 _________________ 49 For example, Case C-400/93, Royal Copenhagen, ECLI:EU:C:1995:155; Case C-309/97, Angestelltenbetriebsrat der Wiener Gebietskrankenkasse, ECLI:EU:C:1999:241; Case C-381/99, Brunnhofer, ECLI:EU:C:2001:358; Case C-427/11, Margaret Kenny and Others v Minister for Justice, Equality and Law Reform and Others [2013] ECLI:EU:C:2013:122, paragraph 28.
Amendment 261 #
2021/0050(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The identification of a valid comparator is an important parameter in determining whether work may be considered of equal value. It enables the worker to show that they were treated less favourably than the comparator of a different sex performing equal work or work of equal value. In situations where no real-life comparator exists, the use of a hypothetical comparator should be allowed, allowing a worker to show that they have not been treated in the same way as a hypothetical comparator of another sex would have been treated. This would lift an important obstacle for potential victims of gender pay discrimination, especially in highly gender- segregated employment markets where a requirement of finding a comparator of the opposite sex makes it almost impossible to bring an equal pay claim. In addition, workers should not be prevented from using other facts from which an alleged discrimination can be presumed, such as statistics or other available information. This would allow gender-based pay inequalities to be more effectively addressed in gender-segregated sectors and professions.
Amendment 287 #
2021/0050(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The lack of information on the envisaged pay range of a job position creates an information asymmetry which limits the bargaining power of applicants. Ensuring transparency should enable prospective workers to make an informed decision about the expected salary without limiting in any way the employer’s or worker’s bargaining power to negotiate a salary even outside the indicated range. It would also ensure an explicit and non- gender biased basis for pay setting and would disrupt the undervaluation of pay compared to skills and experience. This transparency measure would also address intersectional discrimination where non- transparent pay settings allow for discriminatory practices on several discrimination grounds. The information to be provided to applicants prior to employment, if not published in a job vacancy notice, could be provided to the applicant prior to the job interview by the employer or in a different manner, for instance by the social partners. The information should be provided in a manner that is accessible for persons with disabilities in accordance with the harmonised legal acts of the Union on accessibility, including Directives (EU) 2016/21021a and (EU) 2019/8821b of the European Parliament and of the Council. _________________ 1a Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1). 1b Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
Amendment 294 #
2021/0050(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The lack of information on the envisaged pay range of a job position creates an information asymmetry which limits the bargaining power of applicants. Ensuring transparency should enable prospective workers to make an informed decision about the expected salary without limiting in any way the employer’s or worker’s bargaining power to negotiate a salary even outside the indicated range. It would also ensure an explicit and non- gender biased basis for pay setting and would disrupt the undervaluation of pay compared to skills and experience. This transparency measure would also address intersectional discrimination where non- transparent pay settings allow for discriminatory practices on several discrimination grounds. The information to be provided to applicants prior to employment, if not published in a job vacancy notice, could be provided to the applicant prior to the job interview by the employer or in a different manner, for instance by the social partners.
Amendment 325 #
2021/0050(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Employers with at least 2500 workers or lower, only if already defined at a national level, should regularly report on pay, in a suitable and transparent manner, such as including the information in their management report. Companies subject to the requirements of Directive 2013/34/EU of the European Parliament and of the Council52 may also choose to report on pay alongside other worker- related matters in their management report. _________________ 52 Directive 2013/34/EU, as amended by Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 as regards disclosure of non- financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1).
Amendment 350 #
2021/0050(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to make the information on the pay gap between female and male workers at organisational level widely available, Member States should entrust the monitoring body designated pursuant to this Directive to aggregate in cooperation with the social partners and competent national authorities the data on the pay gap received from employers without putting additional burden on the latter. The monitoring body should make these data public, allowing to compare the data of individual employers, sectors and regions of the Member State concerned.
Amendment 369 #
2021/0050(COD)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
Amendment 380 #
2021/0050(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Workers should have the necessary procedures at their disposal to facilitate the exercise of their right to access justice. National legislation making use of conciliation or the intervention of an equality body compulsory or subject to incentives or penalties should not prevent parties from exercising their right of access to court. Member States should ensure that women with disabilities, including those under substituted decision-making mechanisms, have access to justice and legal remedies on an equal basis with others.
Amendment 388 #
2021/0050(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Involving equality bodies, besides other stakeholders, is instrumental in effectively applying the principle of equal pay. The powers and mandates of the national equality bodies or other competent national authority should therefore be adequate to fully cover gender pay discrimination, including any pay transparency or any other rights and obligations laid down in this Directive. In order to overcome the procedural and cost- related obstacles that workers who believe to be discriminated against face when they seek to enforce their right to equal pay, equality bodies, as well as associations, organisations, bodies and workers’ representatives or other legal entities with an interest in ensuring equality between men and women, should be able to represent individuals. They should be able to decide to assist workers on their behalf or in their support, which would allow workers who have suffered discrimination to effectively claim their rights and the principle of equal pay to be enforced.
Amendment 439 #
2021/0050(COD)
Proposal for a directive
Recital 48
Recital 48
(48) In order to ensure proper monitoring of the implementation of the right to equal pay between men and women for the same work or work of equal value, Member States should set up or designate a dedicated monitoring body. This body, which may be part of an existing body pursuing similar objectives, and which cooperates in particular with social partners and other bodies responsible for the enforcement of workers’ rights, should have specific tasks in relation to the implementation of the pay transparency measures foreseen in this Directive and gather certain data to monitor pay inequalities and the impact of the pay transparency measures.
Amendment 455 #
2021/0050(COD)
Proposal for a directive
Recital 52
Recital 52
(52) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro, small and medium-sized enterprises. Member States are therefore invited to assess the impact of their transposition act, on small and medium-sized enterprises in order to ensure that they are not disproportionately affected, giving specific attention to micro-enterprises, to alleviate the administrative burden, and to publish the results of such assessments. Member States shall provide support, technical assistance and training, in particular for microenterprises and small and medium- sized enterprises, to comply with these obligations.
Amendment 469 #
2021/0050(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies to employers in the public and private sectors, including non-standard sectors, such as platform employers, sheltered workshops and any other form of contractual work.
Amendment 476 #
2021/0050(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive applies to all workers who have an employment contract, including contracts for part-time work, contracts for temporary agency work, zero-hour contracts and sheltered or accompanied work contracts, or employment relationship as defined by law, collective agreements and/or practice in force in each Member State with consideration to the case-law of the Court of Justice.
Amendment 509 #
2021/0050(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(ga) ‘work of equal value’ means work that is determined to be of equal value in accordance with non-discriminatory and objective gender-neutral criteria as set out in Article 4(5).
Amendment 518 #
2021/0050(COD)
Proposal for a directive
Article 3 – paragraph 1 – point k a (new)
Article 3 – paragraph 1 – point k a (new)
Amendment 525 #
2021/0050(COD)
Proposal for a directive
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) failure by an employer to provide reasonable accommodation to workers with disabilities within the meaning of Article 5 of Directive 2000/78/EC.
Amendment 536 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures, after consulting the social partners and the equality bodies or other competent authority to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value.
Amendment 550 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures ensuring, after consulting the social partners and equality bodies or other competent authority, to ensure that tools or methodologies are established to assess and compare the value of work in line with the criteria set out in this Article. These tools or methodologies may include gender- neutral job evaluation and classification systems.
Amendment 564 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The tools or methodologies shall allow assessing, in regard to the value of work, whether workers are in a comparable situation, on the basis of objective criteria which shall include. These criteria shall include, for example, educational, professional and training requirements, skills, effort and responsibility, work undertaken and, the nature of the tasks involved, ability and performance, sector specific work organization, productivity and length of service. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex.
Amendment 584 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Whenever differences in pay can be attributed to a single source establishing the pay conditions, the assessment whether workers are carrying out the same work or work of equal value shall not be limited to situations in which female and male workers work for the same employer but may be extended to that single source. The assessment shall also not be limited to workers employed at the same time as the worker concerned. Where no real comparator can be established, a comparison with a hypothetical comparator or the use of other evidence allowing to presume alleged discrimination shall be permitted.
Amendment 589 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Where a job evaluation and classification system is used for determining pay, it shall be based on the same objective criteria for both men and women and drawn up so as to exclude any discrimination on grounds of sex.
Amendment 625 #
2021/0050(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The employer shall make easily accessible toprovide for its workers a description of the criteria used to determine pay levels and career progression for workers. These criteria shall be gender-neutral.
Amendment 633 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Workers shall have the right to receive clear and complete information on their individual pay level and the average pay levels, broken down by sex, for categories of workers doing the same work as them or work of equal value to theirs, in accordance with paragraphs 3 and 4. In the case of companies that are bound by and/or apply collective agreements, it is sufficient to refer to the applicable collective agreement.
Amendment 647 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 654 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Employers shall provide the information referred to in paragraph 1 in writing within a reasonable period of time uponno longer than 2 months after receiving a worker’s request. The information shall be provided in accessible formats for workers with disabilities upon their request.
Amendment 657 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Workers shall have the possibilityright to request the information referred to in paragraph 1 through their representatives or and equality body or competent authority.
Amendment 677 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Employers with at least 2500 workers or lower if defined at a national level, shall provide the following information concerning their organisation, in accordance with paragraphs 2, 3, and 5: For employers bound by applicable agreements at sectoral level a presumption of appropriateness shall apply with regard to the implementation of reporting requirements in this article
Amendment 698 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) the pay gap between female and male workers without disabilities and female and male workers with disabilities, where they have communicated their disability to their employer;
Amendment 745 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The employer shall publish the information referred to in paragraph 1, points (a) to (f) on an annual basis in a user-friendly way on its website or shall otherwise make it publicly available. The information shall be published in accessible formats for persons with disabilities in line with EU harmonised accessibility legislation. The information from the previous four years, if available, shall also be accessible upon request. In addition, the employer shall share this information with the monitoring body referred to in paragraph 6.
Amendment 756 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States may decide to compile the information set out in paragraph 1, points (a) to (f) themselves, on the basis of administrative data such as data provided by employers to the tax or social security authorities. This information shall be made public in accordance with paragraph 6. Member States shall provide support, technical assistance and training, in particular for microenterprises and small and medium-sized enterprises, to comply with the obligations pursuant to this Article.
Amendment 757 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States may decide to compile the information set out in paragraph 1, points (a) to (f) themselves, on the basis of administrative data such as data provided by employers to the tax or social security authorities. This information shall be made public in accordance with paragraph 6. Member States shall provide support, technical assistance and training, in particular for microenterprises and small and medium-sized enterprises, to comply with the obligations pursuant to this Article.
Amendment 793 #
2021/0050(COD)
Proposal for a directive
Article 9 – title
Article 9 – title
Joint pay assessment and gender action plan
Amendment 797 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall take appropriate measures to ensure that employers with at least 2500 workers or lower if already defined at a national level, conduct, in cooperation with their workers’ following a joint agreement between social partners and in cooperation with workers’ representatives, a joint pay assessment where both of the following conditions are met:
Amendment 820 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 (new)
Article 9 – paragraph 1 – subparagraph 1 (new)
Member States shall take appropriate measures to ensure that employers as referred to in the first subparagraph create gender action plans, in consultation with workers' representatives at the workplace, where both of the conditions listed in that subparagraph are met. Gender action plans shall set out concrete measures to achieve gender equality between men and women in terms of pay equality, non-discrimination and other conditions of employment. Gender action plans shall also include provisions for monitoring those concrete measures and corrective actions.
Amendment 833 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 2 – point e
Article 9 – paragraph 2 – point e
(e) measures to address such differences if they are not justified on the basis of objective and gender-neutral criteria;. A Gender Action Plan shall be proportional, based on a balanced approach and shall not add an excessive administrative burden on the employer, in particular SMEs and micro-enterprises
Amendment 848 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If the joint pay assessment reveals differences in average pay for equal work or work of equal value between female and male workers which cannot be justified by objective and gender-neutral criteria, the employer shall remedy the situation, in close cooperation with the workers’ representatives, labour inspectorate, and/or equality body. Either party can choose to give the negotiation mandate over the issue to the workers' or employers' representatives. Such action shall include the establishment of gender-neutral job evaluation and classification to ensure that any direct or indirect pay discrimination on grounds of sex is excluded.
Amendment 878 #
2021/0050(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 (new)
Article 11 – paragraph 1 – subparagraph 1 (new)
Member States shall, without prejudice to the autonomy of the social partners and the diversity of national practices and industrial relations systems, strengthen the capacity building of the social partners to promote gender equality and to tackle pay discrimination and the undervaluation of work that is predominantly carried out by women, with the aim of ensuring the application of the principle of equal pay for male and female workers for equal work or work of equal value in accordance with Article 157 TFEU.
Amendment 887 #
2021/0050(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall, in accordance with national law and practice and industrial relations systems, ensure that associations, organisations, equality bodies and workers’ representatives or other legal entities which have, in accordance with the criteria laid down by national law, a legitimate interest in ensuring gender equality between men and women, may engage in any judicial or administrative procedure to enforce any of the rights or obligations related to the principle of equal pay between men and women for equal work or work of equal value. They may act on behalf or in support of a worker who is victim of an infringement of any right or obligation related to the principle of equal pay between men and women for equal work or work of equal value, with the latter’s approval.
Amendment 895 #
2021/0050(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Equality bodies and, workers’ representatives and employers' representatives shall also have the right to act on behalf or in support of several workers, with the latter’s approval.
Amendment 941 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that the limitation periods for bringing claims are set at three years at leastor in line with national specificities.
Amendment 974 #
2021/0050(COD)
Proposal for a directive
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Member States shall ensure that fines are applied to infringements of the rights and obligations relating to equal pay for the same work or work of equal value. They shall set a proportional minimum level for such fines ensuring real deterrent effect. The level of the fines shall take into account:
Amendment 1018 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Each Member State shall designate a body (‘monitoring body’) for the monitoring and support of the implementation of national legal provisions implementing this Directive and shall make the necessary arrangements for the proper functioning of such body. The monitoring body may be part of existing bodies or structures at national level. It shall work closely with the social partners involved in the application of the principle of equal pay.
Amendment 1035 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 3 – point c
Article 26 – paragraph 3 – point c
(c) to aggregate data received from employers pursuant to Article 8(6), and publish thisose data in a user-friendly manner and in an accessible manner for persons with disabilities in accordance with the harmonised legal acts of the Union on accessibility;
Amendment 1050 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. Each Member State shall establish a national gender action plan setting out concrete measures and corrective actions to address inequality in the labour market. To that end, Member States shall collect and analyse data on the segregation of labour markets and the biases in equal pay for work of equal value. The Member States shall make those data and analytical tools publicly available, and shall provide them to the social partners for further action. The Commission shall create a Union Gender Action Plan setting out concrete actions and corrective measures based on collected and analysed data on labour market segregation and the biases in equal pay for work of equal value. The Commission shall present the Union Gender Action Plan to the European Parliament, to the Council and to the Commission every five years.
Amendment 1066 #
2021/0050(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
Member States shall provide the Commission (Eurostat) with up-to-date gender pay gap data annually and in a timely manner. These statistics shall be broken down by gender, economic sector, working time (full-time/part-time), economic control (public/private ownership), disability and age and be calculated on an annual basis.
Amendment 1067 #
2021/0050(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
Member States shall provide the Commission (Eurostat) with up-to-date gender pay gap data annually and in a timely manner. These statistics shall be broken down by gender, economic sector, working time (full-time/part-time), economic control (public/private ownership) disability and age and be calculated on an annual basis.
Amendment 1082 #
2021/0050(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. When informing the Commission, Member States shall also accompany it with a summary of the results of their assessment regarding the impact of their transposition act on small and medium- sized enterprises including micro- enterprises and a reference to where such assessment is published.
Amendment 41 #
2020/2215(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the report of the Council of Europe’s Committee on Equality and Non-Discrimination of 18 October 2017 on promoting the human rights of and eliminating discrimination against intersex people,
Amendment 43 #
2020/2215(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
- having regard to the report of the Council of Europe’s Committee on Equality and Non-Discrimination of 22 April 2015 on discrimination against transgender people in Europe,
Amendment 55 #
2020/2215(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regard to its resolution of 14 February 2019 on the rights of intersex people;1a _________________ 1a Texts adopted, P8_TA(2019)0128
Amendment 116 #
2020/2215(INI)
Motion for a resolution
Recital B
Recital B
B. whereas sexual and reproductive health and rights (SRHR) are based on the rights of all individuals to have their bodily integrity and personal autonomy respected; definhave their sexual orientation and gender identity fully respected; decide whether, with whom and when to be sexually active; decide whether, when and who to marry and when, whether and by what means to have a child or children; have access to the information and support necessary to achieve all of the above9 ; _________________ 9 Guttmacher-Lancet Commission, Executive Summary on sexual and reproductive health and rights, The Lancet, London, 2018, https://www.guttmacher.org/guttmacher- lancet-commission/accelerate-progress- executive-summary
Amendment 151 #
2020/2215(INI)
Motion for a resolution
Recital F
Recital F
F. whereas SRHR challenges and obstacles include: a lack of access, denial of medical care based on personal beliefs, gender-based violence, gynaecological and obstetric violence, a lack of comprehensive sexuality education, denial of access to information/education, a lack of available contraception methods, limited access to medically assisted reproduction treatments, forced sterilisation, including in the context of legal gender recognition, high rates of STIs and HIV, disparities in maternal mortality, high adolescent pregnancy rates, harmful gender stereotypes and practices such as female and intersex genital mutilation, early, forced and child marriages and honour killings; , honour killings and so-called “conversion therapy” practices, which can take the form of sexual violence such as “corrective rape” on lesbian and bisexual women and girls, as well as transgender persons; whereas the enjoyment of SRHR for LGBTI persons may be severely hindered due to the omission in sexual education curricula of the diversity of sexual orientation, gender identity, expression and sex characteristics;
Amendment 161 #
2020/2215(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 164 #
2020/2215(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas in certain circumstances transgender men and non-binary persons may also undergo pregnancy and should, in such cases, benefit from measures for pregnancy and birth-related care without discrimination on the basis of their gender identity;
Amendment 210 #
2020/2215(INI)
Motion for a resolution
Recital L
Recital L
L. whereas no woman should die in childbirth and evidence-based maternity, pregnancy and birth-related care is a human right;
Amendment 290 #
2020/2215(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls the views endorsed by the Committee of Ministers of the Council of Europe, which recommended trans- specific healthcare such as hormonal treatment and surgery to be accessible and reimbursed by public health insurance schemes;1a _________________ 1aCDDH Report on the implementation of Recommendation CM/Rec(2010)5 of the Committee of Ministers to Member States on measures to combat discrimination on grounds of sexual orientation or gender identity, ¶130, accessible at https://search.coe.int/cm/Pages/result_det ails.aspx?ObjectId=09000016809f9ba0
Amendment 315 #
2020/2215(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that all medical interventions related to SRHR must be undertaken with prior, personal and fully informed consent;
Amendment 319 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reaffirms its call on Member States to adopt legislation ensuring that intersex persons are not subjected to non- vital medical or surgical treatment during infancy or childhood, and that their right to bodily integrity, autonomy, self- determination and informed consent is fully respected;
Amendment 322 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
Amendment 341 #
2020/2215(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls that the imparting of information should reflect the diversity of sexual orientations, gender identities, expressions and sex characteristics, so as to counter misinformation based on stereotypes or biases; calls on Member States to develop age-appropriate sexual education curricula inclusive of the former;
Amendment 405 #
2020/2215(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Member States to review their national legal provisions on abortion and bring them in line with international human rights standards and regional best practices by ensuring that abortion at a woman’s and any pregnant person's request is legal in early pregnancy and even beyond if the woman’sir health or life is in danger;
Amendment 407 #
2020/2215(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines that all the rights afforded to women by law regarding abortion care must apply to all persons undergoing pregnancy, including transgender and non-binary persons, without discrimination on grounds of their gender identity or gender expression and in line with international human rights practices;
Amendment 410 #
2020/2215(INI)
Motion for a resolution
Subheading d
Subheading d
Maternity, pregnancy and birth-related care for all
Amendment 414 #
2020/2215(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls upon the Member States to adopt measures to ensure that all women and pregnant persons have access to affordable, evidence-based maternity, pregnancy and birth-related care;
Amendment 431 #
2020/2215(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls upon the Member States to ensure that maternity, pregnancy and birth-related care must be equally accessible to all persons undergoing pregnancy without discrimination of any kind, notably on grounds of sexual orientation or gender identity;
Amendment 484 #
2020/2215(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls upon the Commissioner for Equality to promote and protect SRHR and to include them in the next EU gender equality simplementation of the EU gender equality strategy and the EU LGBTIQ Equality Strategy;
Amendment 500 #
2020/2215(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls upon the Commission to strengthen its actions to counter the backlash against women’s rights and SRHR;
Amendment 9 #
2020/2118(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the UNAIDS Progress Report to the 47thMeeting of the UNAIDS Programme Coordinating Board of 23 November 2020, entitled “COVID- 19 and HIV: Progress Report 2020";1a _________________ 1a https://www.unaids.org/sites/default/files/ media_asset/COVID-19_HIV_EN.pdf
Amendment 71 #
2020/2118(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the COVID-19 pandemic has exacerbated human rights violations and stigma and discrimination faced by people living with HIV, LGBTI persons and other vulnerable groups, underlining the critical need for COVID-19 responses to be rooted in human rights and equality, as learned from the HIV response; whereas key populations have on occasion suffered from denied access to services or discriminatory enforcement of the COVID-19 response under lockdown orders;
Amendment 176 #
2020/2118(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Commission to address the specific needs of refugees, upholding the guiding principle of public health networks of leaving no-one behind and refraining from blocking front-line humanitarian workers from having direct contact with the migrants and refugees they serve; stresses the absolute need for equal access to COVID-19 treatment and other health services and safety net programmes, particularly HIV and TB prevention and treatment services, for all affected people, regardless of nationality, migrant/refugee status, origin, sex, gender identity or any other characteristicsexual orientation, gender identity, gender expression, sex characteristics or any other characteristic, so as to avert reversal in gains made on existing epidemics;
Amendment 246 #
2020/2118(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes that research globally indicates that stigma and discrimination continue to affect people living with HIV, key populations and vulnerable groups; recalls UNAIDS’ conclusions that people and groups associated with COVID-19 have also experienced negative perceptions and actions; highlights that vulnerable and marginalised populations continue to be stigmatised, including through HIV and COVID-19 intersections, such as people living in poverty, the homeless, refugees, migrants, sex workers, persons who use drugs, gay, bisexual, transgender and intersex persons;1a _________________ 1aCOVID-19 and HIV: Progress report 2020, ¶80, accessible on https://www.unaids.org/sites/default/files/ media_asset/COVID-19_HIV_EN.pdf.
Amendment 145 #
2020/2079(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is concerned about the devastating social and psychological effects of the COVID-19 crisis, in particular on vulnerable groups; stresses that only a decisive and coordinated European response will offset the consequences of the current crisis;
Amendment 216 #
2020/2079(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and Member States to ensure that financial assistance is only provided to undertakings not registered in tax havens outside the European Union;
Amendment 296 #
2020/2079(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for an EU teleworking agenda, including a legislative proposal to ensure decent working conditions including respect for working hours, leave and the right to disconnect; calls on the Commission to explore the possibility of location-less jobs, which can prevent depopulation of rural areas in the European Union;
Amendment 127 #
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 functioning of its single market, the effectiveness of its common policies, the protection of its citizen’s fundamental rights and its international credibility;
Amendment 3 #
2020/2042(INI)
Draft opinion
Recital A
Recital A
A. whereas climate change and consequential natural disasters have become common drivers of migration, which will be further exacerbated as the climate crisis worsens; whereas the majority of environmentally-induced migrants are likely to come from rural areas, as their livelihoods often depend on climate sensitive sectors such as farming and fishing;
Amendment 9 #
2020/2042(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas discussions on climate migration should not lose their focus on preventive measures, given our environmental objectives to invest in climate and environmental solutions for our planet, as a direct way to prevent forced climate migration in the future;
Amendment 46 #
2020/2042(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Encourages the full use of all existing bodies of laws and instruments in humanitarian, human rights and refugee law, and instruments on internal displacement, disaster management and legal migration in order to avert, address and minimise displacement in the context of climate change;
Amendment 56 #
2020/2042(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Deplores the fact that, while climate migration is a reality that is set to intensify, people who move for long-term, climate change-related reasons have no effective access to protection in the EU; calls on the Member States and the Commission to put in place protection pathways, which includeilise regular migration pathways to provide relevant protection for climate migrants and facilitate migration strategies in response to challenges posed by climate change and environmental disasters in terms of international migratory movements which can provide a status for people who move in these contexts, such as promoting humanitarian visas, temporary protection, authorisation to stay, and regional and bilateral free movement agreements; proposes that a climate passport be issued to persons coming from a country, or part of it, that will become uninhabitable due to climate change as a way to offer them protection from vulnerability and statelessness; proposes that any change in the environment due to climate change be explicitly listed among eligibility criteria for humanitarian protection; calls on the Commission and Member States to put forward such proposals in international forums, in parallel to other EU initiatives;
Amendment 82 #
2020/2042(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reminds Member States that although climate migration is mainly internal for the present, as the global climate emergency worsens more vulnerable people may cross borders seeking protection on an international level; urges therefore, that EU countries engage in the establishment and implementation of effective migration management and policy which includes the consideration of climate migrants as a matter of priority;
Amendment 6 #
2020/2035(INL)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Commission communication of 12 November 2020 entitled ‘LGBTIQ Equality Strategy (2020-2025)’,
Amendment 8 #
2020/2035(INL)
Motion for a resolution
Citation 6
Citation 6
— having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence, which opened for signature in Istanbul on 11 May2011 (hereinafter the ‘IstanbulConvention’),
Amendment 11 #
2020/2035(INL)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the Council of Europe Convention of 23 November 2001 on Cybercrime,
Amendment 12 #
2020/2035(INL)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
— having regard to the Commission Code of Conduct on countering illegal speech online of May 2016 and its fifth monitoring (June 2020),
Amendment 13 #
2020/2035(INL)
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
— having regard to the Commission Communication of 28 September 2017 on tackling illegal content online,
Amendment 14 #
2020/2035(INL)
Motion for a resolution
Citation 6 d (new)
Citation 6 d (new)
— having regard the Europol regulation, Europol’s European Cybercrime Center, and its Internet organised crime threat assessment,
Amendment 15 #
2020/2035(INL)
Motion for a resolution
Citation 6 e (new)
Citation 6 e (new)
— having regard to the Eurojust regulation,
Amendment 19 #
2020/2035(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone,1a _________________ 1a Texts adopted, P9_TA(2021)0089
Amendment 39 #
2020/2035(INL)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to the European Parliament resolution of 3 October 2017 on Strengthening Media Freedom: the Protection of Journalists in Europe, Hate Speech, Disinformation and the Role of Platforms,
Amendment 43 #
2020/2035(INL)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
— having regard to the European Parliament resolution of 25 November 2020 on Cybercrime,
Amendment 45 #
2020/2035(INL)
Motion for a resolution
Citation 12 c (new)
Citation 12 c (new)
— having regard to the European commission proposal on the Digital Services Act COM 2020(0825),
Amendment 46 #
2020/2035(INL)
Motion for a resolution
Citation 12 d (new)
Citation 12 d (new)
— having regard to the proposal for combatting sexual abuse of children online (interim regulation on the procession of personal and other data), COM 2020 (568),
Amendment 59 #
2020/2035(INL)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to the Fundamental Rights Agency’s ‘EU LGBTI Survey II: A long way to go for LGBTI equality',1a _________________ 1a https://fra.europa.eu/sites/default/files/fra _uploads/fra-2020-lgbti-equality-1_en.pdf
Amendment 63 #
2020/2035(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the first objective of the Union’s Gender Equality Strategy 2020- 2025 focuses on ending gender-based violence and describes it as ‘one of our societies’ biggest challenges’; whereas the Union’s LGBTIQ Equality Strategy recalls that everyone has a right to safety, be it at home, in public or online;
Amendment 71 #
2020/2035(INL)
Motion for a resolution
Recital B
Recital B
B. whereas violence against women and other forms of gender-based violence are widespread in the Union and are to be understood as an extreme form of discrimination; whereas gender-based violence is rooted in the unequal distribution of power between women and men, in sexism and gender norms and stereotypes, which have led to domination over and discrimination against women by menand girls in all their diversity by men; whereas gender-based violence also occurs due to perceived deviation from gender norms;
Amendment 72 #
2020/2035(INL)
Motion for a resolution
Recital B
Recital B
B. whereas violence against women and other forms of gender-based violence are widespread in the Union and are to be understood as an extreme form of discrimination which has a huge impact on victims, their families, and communities; whereas gender-based violence is rooted in the unequal distribution of power between women and men, in sexism and gender stereotypes, which have led to domination over and discrimination against women by men;
Amendment 79 #
2020/2035(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. Whereas the increasing reach of the internet, the rapid spread of mobile information, and the use of social media, coupled with the violence against women has led to the proliferation of cyber violence against women and gender-based violence;
Amendment 85 #
2020/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas violence against women and LGBTI persons and gender-based violence present different but not mutually exclusive forms and manifestations; whereas those different forms of violence are often interlinked with, and inseparable from, offline violence because they can precede, accompany or continue them;
Amendment 91 #
2020/2035(INL)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas gender-based violence included in its cyber dimension and domestic violence have increased during the COVID-19 pandemic; whereas one in ten women in the EU have already experienced a form of cyber violence since the age of 151a; _________________ 1aEuropean Union Agency for Fundamental Rights (2014). Violence against women: an EU-wide survey
Amendment 93 #
2020/2035(INL)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas according to WHO1a one in three women worldwide experience physical or sexual violence mostly by an intimate partner and lockdowns have aggravated the risk of domestic violence and abuse; whereas the greater use of the internet during the pandemic increases online and ICT-facilitated gender-based violence; _________________ 1aWHO report ´Violence against women prevalence estimates 2018´
Amendment 94 #
2020/2035(INL)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas existing forms of cyber violence and gender-based cyber violence are constantly evolving and new forms are emerging, and the UN Special Rapporteur on violence against women noted that new technologies “will inevitably give rise to different and new manifestations of online violence against women”;
Amendment 102 #
2020/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas cyber harassment, cyber stalking, cyber bullying, trolling, online hate speech, flaming, doxxing and image- based sexual abuse are among the most common types of gender-based cyberviolence; whereas although some Member States have adopted specific legislation on some of those particular forms only, significant gaps remain;
Amendment 103 #
2020/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas cyber harassment, cyber stalking, cyber bullying, trolling, online hate speech, flaming, doxxing, dead- naming and image- based sexual abuse are among the most common types of gender- based cyberviolence; whereas some Member States have adopted specific legislation on some of those particular forms only;
Amendment 108 #
2020/2035(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas hate speech against LGBTI persons is pervasively common, in particular online, and legislation is notably absent from some Member States’ legislative framework to prevent, address and sanction such forms of online abuse; whereas, at present, 15 Member States do not include gender identity in hate speech legislation; whereas the Commission has proposed to extend the list of ‘EU crimes’ under Article 83(1) TFEU to cover hate crime and hate speech, including when targeted at LGBTIQ people;
Amendment 115 #
2020/2035(INL)
Motion for a resolution
Recital E
Recital E
E. whereas, despite a growing awareness of the phenomenon of gender- based cyberviolence, the lack of collection of exhaustive and recent data and the underreporting of cases of gender-based cyberviolence prevents an accurate assessment of its prevalence; whereas the European added value assessment on gender-based cyberviolence estimates that between 4 and 7% of women in the Union have experienced cyber harassment during the past 12 months, while between 1 and 3% have experienced cyber stalking; whereas the World Wide Web Foundation survey conducted in 2020 among respondents from180 countries revealed that 52 % of young women and girls have experienced online abuse and 64 % of respondents stated they know someone who have experienced it; outlining that youngwomen and girls are at a greater risk of encountering cyberviolence,particularly cyber- harassment and cyberbullying, which can have incrediblynegative impacts on both their schooling and their mental health; whereas such lack of available data is linked to the underreporting of cases of gender-based cyberviolence;
Amendment 125 #
2020/2035(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the EU LGBTI Survey II conducted by FRA shows that 10% of LGBTI persons had experienced cyber harassment due to being LGBTI in the last year, including on social media; whereas intersex and trans people are over-proportionally affected (16%); whereas teenagers 15-17 years old experienced cyber-harassment due to being LGBTI the most (15%), as compared with other age groups (7%- 12%);
Amendment 130 #
2020/2035(INL)
Motion for a resolution
Recital F
Recital F
F. whereas women in all their diversity can be targeted by cyberviolence either individually or as members of a specific community; whereas intersectional forms of discriminationtargeting of LGBTI persons is often on the grounds of their gender identity, gender expression or sex characteristics; whereas intersectional forms of discrimination increase the exposure to violence for women belonging to ethnic minorities, with disabilities, as well as lesbian, bisexual, transgender and intersex women, and can exacerbate the consequences of gender- based cyberviolence;
Amendment 132 #
2020/2035(INL)
Motion for a resolution
Recital F
Recital F
F. whereas women can be targeted by cyberviolence either individually or as members of a specific community; whereas intersectional forms of discrimination can exacerbate the consequences of gender- based cyberviolence; whereas women belonging to ethnic minorities, racialized women, LBTIQ women, girls or women with disabilities are bigger targets to online attacks;
Amendment 138 #
2020/2035(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the Europol Cybercrime Center, Eurojust and ENISA have conducted research onthe cyber crime online’;
Amendment 144 #
2020/2035(INL)
Motion for a resolution
Recital G
Recital G
G. whereas some women and LGBTI persons, such as politicians, women in public positions, journalists, bloggers and human rights defenders, are particularly impacted by gender-based cyberviolence, and whereas this is causing not only psychological harm and suffering to them but also deterring them from participating digitally in political, social and cultural life;
Amendment 161 #
2020/2035(INL)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas prevention, especially through education, including digital literacy and skills, must be a key element of any public policy aimed at tackling gender-based cyberviolence;
Amendment 167 #
2020/2035(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that gender-based cyberviolence is a continuumoften an extension of or a precursor to gender-based violence experienced of gender- based violence offline and that no policy alternative will be effective unless it takes this reality into consideration;
Amendment 174 #
2020/2035(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes in that sense the digital services act, aiming at creating a safer digital space where the rights of users are protected;
Amendment 180 #
2020/2035(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Union’s Gender Equality Strategy 2020-2025 put forward by the Commission as a tool to combat violence against women and gender-based violence and to tackle the root causes of it, as well as the intention expressed for a specific proposal to extend the list of EU crimes to include all forms of hate crime and hate speech;
Amendment 186 #
2020/2035(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the Commission’s commitments under the LGBTIQ Equality Strategy 2020-2025 concerning hate speech online, and the proposal to extend the list of ‘EU crimes’ under Article 83(1) TFEU to cover hate crime and hate speech, including when targeted at LGBTIQ people;
Amendment 190 #
2020/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the COVID-19 pandemic has increased the risk of domestic violence and abuse because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; highlights that many LGBTI persons were forced to be confined with family members, legal guardians or co-habitants who harassed, abused or exposed them to violence; calls on Member States to increase the assistance they offer through specialised shelters, helplines and support services to protect victims and facilitate the reporting of gender-based violence;
Amendment 200 #
2020/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the transnational nature of gender-based cyberviolenceall human rights violations, including gender-based violence; stresses that gender-based cyberviolence has additional transnational implications, with perpetrators using online platforms or mobile phones connected to or hosted by other European countries than where the victim of harassment is located, considering the cross-border dimension of the use of ICT thus the borderless nature of cybercrime;
Amendment 209 #
2020/2035(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Further underlines that image- based sexual assault is an extreme violation of privacy and also constitutes a form of gender-based violence, as exemplified in Ireland in November 2020 when tens of thousands of sexually explicit images of women and girls, were made public without their consent; strongly encourages therefore, Member States to include image-based sexual assault or any non-consensual sharing of explicit intimate material, on the list of sexual offences in their national legislation, outside of instances involving child pornography;
Amendment 226 #
2020/2035(INL)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls additionally for awareness- raising programs and training to improve protection and support of victims of cyber violence;
Amendment 227 #
2020/2035(INL)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Invites the Member States to develop a harmonised and regularly updated directory of support services, helplines and reporting mechanisms available in individual cases of cyberviolence against women, these could be available on a singular platform, which could also contain information on the support available for other forms of violence against women, and be user- friendly and accessible;
Amendment 233 #
2020/2035(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission and the Member States to establish a reliable system for regularly collecting statistical disaggregated and comparable data on gender-based violence, including cyberviolence; as the current lack of comparable data on instances of cyber violence makes it difficult to set clear and measurable targets to tackle these crimes, as well as potentially limiting the action law enforcement take in response to this form of violence; awaiting for the ongoing FRA related survey, and noting that one of the biggest problems is the under reporting of those crimes;
Amendment 245 #
2020/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes thatUnderlines that instances of cyber violence can have a wide range of psychological impacts inter alia stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and lack of sense of control, caused by cyberviolence, can have an impact on mental health which in turn can result in sever social consequences; is concerned by the effects the mental health impacts can have on young people in particular, which can not only cause a significantly detrimental decline in their schooling as well as their withdrawal from social and public life;
Amendment 248 #
2020/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that inter alia stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and lack of sense of control, caused by cyberviolence, can have an impact on mental health and may lead to self-harm and suicidal ideation;
Amendment 250 #
2020/2035(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes that the detrimental economic impacts that gender-based violence and the subsequent mental health issues it causes, can have a severe impact on victims economically, including their ability to seek employment and the financial burden imposed on them by taking legal action; taking into account therefore the estimated annual societal costs of gender based violence (290billion) exceeding the estimated annual costs of particularly serious crimes listed under art 831a; _________________ 1aEPRS interim European Added Values Assessment (EAVA) on gender-based violence, p.35
Amendment 251 #
2020/2035(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that gender-based cyberviolence generates psychological, social and economic consequences; notes that gender-based cyberviolence affects women in different ways as a consequence of overlapping forms of discrimination based, on top of their gender, on their sexual orientation, age, race, religion or disability, among other, and recalls that an intersectional approach is crucial to understanding these specific forms of discrimination;
Amendment 261 #
2020/2035(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to give particular attention to women belonging to groups put in a vulnerable situation, such as women belonging to ethnic minorities, with disabilities, lesbian, bisexual, transgender and intersex women, as well as LGBTI persons in general and in particular LGBTI youth, as regards gender-based cyberviolence and to develop specific support services and educational programmes dedicated to those specific groups;
Amendment 262 #
2020/2035(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to give particular attention to the intersectional forms of cyber violence which can effect women belonging to groups put in a vulnerable situation as regards gender- based cyberviolence and to develop specific support services and educational programmes dedicated to those specific groups;
Amendment 270 #
2020/2035(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Deplores the fact that gender-based cyberviolence is becoming increasingly common and reduces the participation of women in public debate which, as a consequence, erodes the democratic principles of the Union; regrets that that ‘silencing effect’ has been particularly aimed at targeting women activists, journalists and politicians with the intention of discouraging the presence of women in political life and decision- making spheres is concerned that the normalisation of online violence towards women participating in public debate actively contributes to the underreporting of these crimes and limits the engagement of young women in particular;
Amendment 275 #
2020/2035(INL)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Condemns all types of incidents of hate crime, hate speech and accusations devoid of foundation or formulated in bad faith, both offline and online, motivated by discrimination based on any grounds, such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; expresses concern over the hate crimes and crimes relating to incitement to discrimination or violence which occurred during the COVID- 19pandemic, leading to the stigmatisation of some particularly vulnerable individuals;
Amendment 285 #
2020/2035(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that gender norms and stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls in the ICT and digital fields; stresses the need to tackle the gender gap in the ICT sector through education, awareness-raising campaigns and the promotion of the representation of women in the sector;
Amendment 288 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Emphasises the importance of preventive measures in combating forms of gender-based violence and recognises the central role education plays in challenging harmful gender stereotypes which support the development of non- violent relationships; calls, therefore, for an EU-wide awareness-raising campaign on gender-based cyber violence which contains, amongst other things, information targeted at educating our younger citizens that instances of cyber violence are an extension of real-world violence, on how to recognise and report forms of cyberviolence and the concept of digital consent;
Amendment 289 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Recalls that the labelling of LGBTI persons as an ‘ideology’ is spreading in online and offline communication and the same is true with regard to ongoing campaigning against so-called ‘gender ideology’ or in favour of ‘anti-gender movements’; highlights that LGBTI activists are often the targets of defamation campaigns, online hate speech and cyberbullying and abuse due to their advocacy work for LGBTI equality;
Amendment 290 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission and Member States to ensure a proper application of the Directive on Combating Sexual Abuse of Children in order to raise awareness and reduce the risk of children becoming victims of onlinesexual abuse or exploitation;
Amendment 293 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Welcomes the announcement of the Commission, in its recent strategy for the victims’ rights, to launch an EU network on the prevention of gender- based violence and domestic violence and to take actions to protect the safety of victims of gender-based cybercrime by facilitating the development of a framework for cooperation between internet platforms and other stakeholders;
Amendment 294 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Takes note of the call, by the advisory committee on equal opportunities between women and men of the European Commission, for legislation at European level on combatting online violence against women;
Amendment 295 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. Stresses the importance of the Code of practice for online platforms and leading social networks and its possible implication and/or role to play within the context of cyberviolence, notes in that context the importance of the accountability and the transparence of ICT intermediaries;
Amendment 299 #
2020/2035(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the need to protect, support and ensure reparation for victims of gender-based cyberviolence in particular with regards to the provision of essential psychological and legal consultation supports; recalls the importance in that context of providing support to independent civil society organisations which provide legal advice and psychological support, as well as counselling; highlights the necessity to raise awareness amongst victims about the available supports;
Amendment 307 #
2020/2035(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on Member States to improve the training for practitioners and other professionals, including in social services and law enforcement agencies, in cooperation with civil society organisations, to increase the resources to support victims of gender-based cyberviolence and to establish a clear protocol to aid victims of gender-based cyberviolence, and to avoid the irre- victimization;
Amendment 351 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 3
Annex I – Recommendation 2 – paragraph 3
The scope should cover any form of gender-based violence committed, assisted or aggravated in part or fully by the use of ICT, such as mobile phones and smartphones, the internet, social media platforms or email, against a woman because she is a woman, or affects women disproportionately. The scope should encompass gender-based violence against LGBTIQ persons, who are targeted because of their gender, gender identity, gender expression or sex characteristics.
Amendment 358 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 3
Annex I – Recommendation 2 – paragraph 4 – indent 3
- ICT-related violations of privacy (including the accessing, sharing and manipulation of private data or images, including intimate data without consent, image-based sexual abuse and non- consensual disclosure of sexual images, doxxing, dead-naming, identity theft);
Amendment 359 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 3
Annex I – Recommendation 2 – paragraph 4 – indent 3
- ICT-related violations of privacy (including the accessing, sharing and manipulation of private data or images, including intimate data without consent, image-based sexual abuse and non- consensual disclosure of sexual images, doxxing, identity theft, hacking);
Amendment 363 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 6
Annex I – Recommendation 2 – paragraph 4 – indent 6
- sexist, transphobic or interphobic hate speech (including: posting and sharing violent content, use of sexist or gendered comments and insults, abusing women for expressing their own views and for turning away sexual advances, inciting to hatred against individuals on grounds of their gender identity, expression or sex characteristics);
Amendment 370 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 11 a (new)
Annex I – Recommendation 2 – paragraph 4 – indent 11 a (new)
Amendment 371 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 11 b (new)
Annex I – Recommendation 2 – paragraph 4 – indent 11 b (new)
- Cyberviolence against women is an act of gender-based violence perpetrated directly or indirectly through information and communication technologies that results in, or is likely to result in, physical, sexual, psychological or economic harm or suffering to women and girls, including threats of such acts, whether occurring in public or private life, or hindrances to the use of their fundamental rights and freedoms.
Amendment 373 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – introductory part
Annex I – Recommendation 3 – paragraph 1 – introductory part
Member States should implement a series of measures in order to prevent gender- based cyberviolence, having an intersectional approach:
Amendment 376 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 1
Annex I – Recommendation 3 – paragraph 1 – indent 1
- awareness-raising and educational programmes involving all relevant actors and stakeholders to address the root causes of gender-based cyberviolence, within the general context of gender-based violence in order to bring about changes in social and cultural attitudes and remove gender norms and stereotypes, while promoting responsible behaviour on social media and increasing literacy about the safe use of the internet;
Amendment 387 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 4
Annex I – Recommendation 3 – paragraph 1 – indent 4
- development of cooperation among Member States for the purposes of exchanging information, expertise and best practices, in particular through the European Crime Prevention Network (EUPCN) coordinating together with the Europol European Cybercrime Center, as well as with other related agencies such as Eurojust;
Amendment 392 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 a (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 a (new)
- promote cooperation between Member States, Internet intermediaries and NGOs working on the issue – such as peer learning events and public conferences;
Amendment 393 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 b (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 b (new)
- Take into account the Code of practice for online platforms and its possible implication and/or role to play within the context of cyberviolence;
Amendment 400 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 1
Annex I – Recommendation 4 – paragraph 1 – indent 1
- promote specific training for practitioners and professionals dealing with victims of gender-based cyberviolence, including law enforcement authorities, social, child and healthcare staff, and members of the judiciary; Union-wide training programmes could be implemented in the framework of the Justice and the Citizens, Equality, Rights and Values programmes and together with CEPOL and the EU Judicial Training Network; in particular, emphasis should be given to secondary victimisation and how to avoid it, to the dual dimension of gender-based violence (online/offline) and to intersectional discrimination;
Amendment 417 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 a (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 a (new)
- promote cooperation between Member States, Internetintermediaries and NGOs working on the issue;
Amendment 419 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 b (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 b (new)
- develop a directory of support services, including helplines and reporting mechanisms available in individual cases of cyberviolence;
Amendment 423 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – introductory part
Annex I – Recommendation 5 – paragraph 1 – introductory part
Based on the definition referred to in Recommendation 1, the criminalisation of gender-based cyberviolence should take into account the following criteria: (Criminalising gender-based cyber violence could have a deterrent effect on perpetrators due to the fear of the sanctions or the awareness that they are committing a crime).
Amendment 428 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 4
Annex I – Recommendation 5 – paragraph 1 – indent 4
- aggravating circumstances, depending on the profile of the women and, girls and LGBTI victims (exploiting specific characteristics, vulnerabilities of women and girl, girls and LGBTI persons online);
Amendment 435 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 6 – paragraph 1
Annex I – Recommendation 6 – paragraph 1
The Commission and Member States should collect and publish disaggregated and comparable data on gender-based cyberviolence, in particular on the different forms of gender-based cyberviolence, not only based on law enforcement reports but also on women’s experiences. Those could be followed by comprehensive studies;
Amendment 436 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 6 – paragraph 1
Annex I – Recommendation 6 – paragraph 1
The Commission and Member States should collect and publish disaggregated and comparable data on gender-based cyberviolence, in particular on the different forms of gender-based cyberviolence, not only based on law enforcement reports but also on women’sthe experiences of women and LGBTI persons.
Amendment 437 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 6 – paragraph 1 a (new)
Annex I – Recommendation 6 – paragraph 1 a (new)
Additional recommendations could include: - the production of statistics on the prevalence and forms of cyberviolence, fostering at the same time the uniformity and comparability of data gathered by Member States, - an EU wide data collection programme, - gathering data on a regular basis for knowledge to keep up with the constant evolution in tools and technologies that can be used to perpetrate cyber-violence; - tasking agencies such as EIGE, FRA, EUROPOL, EUROJUST to collect data and information on this problem to help inform the policymaking of institutions;
Amendment 179 #
2020/2029(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Emphasises that any legal proceedings in which trafficked persons are involved must not be prejudicial to their rights, dignity or physical and mental health; calls for Member States to provide trafficked persons with legal guidance in relation to any criminal, civil or other actions against traffickers/exploiters, as well as information in a language they understand;
Amendment 242 #
2020/2029(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Member States to adopt specific measures to address violence against women and gender inequalities as the root causes of trafficking, as trafficking in women and girls remains a structural form of gender-based violence; recommends that the Commission strengthen and develop the gender dimension in the monitoring of the implementation of EU anti-trafficking legislation;
Amendment 315 #
2020/2029(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that migration flows can increase the risk for migrants of becoming victims of trafficking within the EU20 , with humanitarian crises exacerbating the exposure of migrants, refugees and asylum seekers to traffickers; points out that there has been a sharp increase in the number of women and girls trafficked through the Central Mediterranean route for sexual exploitation in the EU21 ; _________________ 20Second progress report, COM(2018)0777; Europol, European Migrant Smuggling Centre (EMSC), 4th Annual Report, 2020; Europol, Situation Report ‘Trafficking in Human Beings in the EU‘, 18 February 2016. 21 Second progress report, COM(2018)0777, p. 3.
Amendment 320 #
2020/2029(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Reminds Member States that a lack of safe and legal migration pathways for asylum seekers increases their vulnerability to trafficking as they can be exploited both during transit and upon arrival; notes that for those granted asylum a lack of understanding of their rights, limited access to viable livelihood opportunities or quality education, and restrictions of their freedom of movement also contribute to their risk of becoming victims of trafficking;
Amendment 329 #
2020/2029(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reiterates that asylum seekers, refugees and migrants, including unaccompanied minors, are particularly vulnerable to trafficking and that special attention should be given to the trafficking of women, children and other vulnerable groups; highlights that there are vulnerabilities and risks at the different stages in the migration process prior to migration itself, en route to the EU, at the destination and on return22 ; _________________ 22 European implementation assessment – ‘Implementation of Directive 2011/36/EU : Migration and gender issues’, Directorate- General for Parliamentary Research, Ex- Post Evaluation Unit, 15 September 2020, p. 50.
Amendment 375 #
2020/2029(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Underlines that the best interests of the child must be a primary consideration in all actions concerning trafficked children; emphasises that the physical and psychological harm suffered by trafficked children and their increased vulnerability to exploitation require that they be provided with appropriate assistance and protection their special rights and needs must be considered;
Amendment 378 #
2020/2029(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Member States to focus on identifying child victims and helping them to avail themselves of their rights; emphasises the need for guardians, including temporary guardians as an emergency measure, to be appointed immediately for child victims; further calls for Member States to take measures to ensure adequate and appropriate training, in particular legal and psychological training, for those working with child victims of trafficking;
Amendment 414 #
2020/2029(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes the low number of prosecutions and convictions for the crime of trafficking, which may require tougher criminal laws to make prosecution easier; urges the Member States to take measures to improve the investigation of trafficking cases and to put in place strong criminal sanctions for crimes of human trafficking as these are the strongest method of response; emphasises that the existing national sanctions and the means of their execution still differs considerably between Member States;
Amendment 421 #
2020/2029(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Is concerned by significant gaps in the coverage and implementation of national laws and policies surrounding THB can be actively exploited by organised crime groups and leave large groups of people more vulnerable to exploitation;
Amendment 28 #
2020/2016(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the development of AI must respect the values on which the Union is founded, in particular human dignity, freedom, democracy, equality, the rule of law, and human and fundamental rights, have to be respected throughout the life cycle of AI tools, notably during their design, development, deployment and use;
Amendment 44 #
2020/2016(INI)
Motion for a resolution
Recital E
Recital E
E. whereas AI applications offer great opportunities in the field of law enforcement, in particular in improving the working methods of law enforcement agencies and judicial authorities, and preventing and combating certain types of crime more efficiently, in particular financial crime, money laundering and terrorist financing, as well as certain types of cybercrime, thereby contributing to the safety and security of EU citizens;
Amendment 55 #
2020/2016(INI)
Motion for a resolution
Recital G
Recital G
G. whereas AI applications in use by law enforcement include applications such as facial recognition technologies, e.g. to search suspect databases and identify victims of human trafficking or child sexual exploitation and abuse, automated number plate recognition, speaker identification, speech identification, lip- reading technologies, aural surveillance (i.e. gunshot detection algorithms), autonomous research and analysis of identified databases, forecasting (predictive policing and crime hotspot analytics), behaviour detection tools, advanced virtual autopsy tools to help determine the cause of death, autonomous tools to identify financial fraud and terrorist financing, social media monitoring (scraping and data harvesting for mining connections), international mobile subscriber identity (IMSI) catchers, and automated surveillance systems incorporating different detection capabilities (such as heartbeat detection and thermal cameras); whereas the aforementioned applications have vastly varying degrees of reliability and accuracy;
Amendment 92 #
2020/2016(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reaffirms that all AI solutions for law enforcement and the judiciary also need to fully respect the principles of non- discrimination, freedom of movement, the presumption of innocence and right of defence, freedom of expression and information, freedom of assembly and of association, equality before the law, the principle of equality of arms, and the right to an effective remedy and a fair trial;
Amendment 95 #
2020/2016(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Acknowledges that the speed at which AI applications are developed around the world necessitates a future- oriented approach and that any attempts at exhaustive listing of applications will quickly become outdated; calls, in this regard, for a clear and coherent governance model that guarantees the respect of fundamental rights, but also allows companies and organizations to further develop artificial intelligence applications;
Amendment 99 #
2020/2016(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers, in this regard, that safeguards should be proportionate to potential risks associated with the use specific AI applications; believes that any AI tool either developed or used by law enforcement or judiciary should, as a minimum, be safe, robust, secure and fit for purpose, respect the principles of fairness, accountability, transparency and, non- discrimination as well as explainability, with their deployment subject to a strict necessity and proportionality test;
Amendment 124 #
2020/2016(INI)
5. Stresses the potential for bias and discrimination arising from the use of machine learning and AI applications; notes that biases can beAI applications such as machine learning; notes that discrimination can result from biases inherent in underlying datasets, especially when historical data is being used, introduced by the developers of the algorithms, or generated when the systems are implemented in real world settings;
Amendment 130 #
2020/2016(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the fact that many algorithmically driven identification technologies that are currently in use disproportionately misidentify non-white people, childaccording to ethnicity, age and gender; considers, thereforen, the elderly, as well as womenat strong scientific and ethical standards are needed and that strong efforts should be made to avoid automated discrimination and bias;
Amendment 134 #
2020/2016(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls for strong additional safeguards in case AI systems in law enforcement or the judiciary are used on or in relation to minors, who are particularly vulnerable;
Amendment 151 #
2020/2016(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls for the adoption of appropriate procurement processes for AI systems by Member States and EU agencies when used in law enforcement or judicial context, so as to ensure their compliance with fundamental rights;
Amendment 172 #
2020/2016(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for a compulsory fundamental rights impact assessment to be conducted prior to the implementation or deployment of any AI systems for law enforcement or judiciary purposes, in order to assess any potential risks to fundamental rights and, where necessary, define appropriate safeguards to address these risks;
Amendment 175 #
2020/2016(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
Amendment 179 #
2020/2016(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Supports the recommendations of the Commission’s High-Level Expert Group on AI for a ban on AI-enabled mass scale scoring of individuals; considers that any form of normative citizen scoring on a large scale by public authorities, in particular within the field of law enforcement and the judiciary, leads to the loss of autonomy, endangers the principle of non-discrimination and cannot be considered in line with European values;
Amendment 197 #
2020/2016(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Reminds that AI applications, including applications used in the context of law enforcement and the judiciary, are being developed globally at a rapid pace; urges all European stakeholders, including the Commission and EU agencies, to ensure international cooperation and to engage third country partners in order to find a common and complementary ethical framework for the use of AI, in particular for law enforcement and the judiciary;
Amendment 24 #
2020/2011(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to the General Policy Recommendation No. 13 of the European Commission Against Racism and Intolerance (ECRI);
Amendment 121 #
2020/2011(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 125 #
2020/2011(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas expert reports on the EU Framework for National Roma Integration Strategies recognise that Roma LGBTI face a range of facets of discrimination: first as people with Romani background, secondly as LGBTI, thirdly as LGBTI persons in Roma communities; whereas some LGBTI people with Romani background may resort to suppressing aspects of their identity as a result;
Amendment 151 #
2020/2011(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to develop a proposal for a post-2020 EU directive for the equality and inclusion of people with Romani background, giving priority to (i) achieving a positive impact; (ii) a rights-based approach, including a plan to eliminate social and economic inequalities; (iii) developing a vision for the future proposal, including specific, measurable, achievable, relevant and time- bound objectives to protect and improve the inclusion of people with Romani background; and (iv) eliminating inequalities, especially for children from their earliest years; and those with Romani background facing multiple discrimination, such as women and girls, LGBTI persons and people with disabilities.
Amendment 218 #
2020/2011(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines that these National Strategies must pay particular attention to overcoming persistent racism and discrimination towards people with Romani background in the areas of education, housing and health;
Amendment 234 #
2020/2011(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Further calls on the Member States to reinforce their efforts to combat discrimination, hate speech and hate crimes within national and EU anti- discrimination legislation, particularly with regard to monitoring and assisting Roma victims;
Amendment 2 #
2020/2009(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to the work carried out by the Council of Europe to promote the protection and safety of journalists, including Recommendation CM/Rec(2018)1[1] of the Committee of Ministers to member states on media pluralism and transparency of media ownership and the declaration by the Committee of Ministers on the financial sustainability of quality journalism in the digital age, and the Recommendation CM/Rec(2016)4[1] of the Committee of Ministers to member states on the protection of journalism and safety of journalists and other media actors;
Amendment 4 #
2020/2009(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Joint Communication of 10 June 2020 entitled ‘Tackling COVID-19 disinformation - Getting the facts right’ (JOIN(2020) 8 final),
Amendment 14 #
2020/2009(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the Commission’s Code of Practice to fight online disinformation, agreed on 26 September 2018,
Amendment 20 #
2020/2009(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
— having regard to the Council conclusions of 26 May 2020 on media literacy in an ever-changing world,
Amendment 56 #
2020/2009(INI)
Motion for a resolution
Recital D
Recital D
D. whereas journalists and other media actors continue to be at risk of violence, threats, harassment, pressure, (self-) censorship, public shaming and even assassination in the EU as a result of their investigative activities to protect the public interest; whereas women journalists face gender-specific forms of violence, such as sexual and online harassment, whereas more than 70% of women working in the media have experienced more than one type of harassment, threat, or attack online; whereas 52% of women have experienced these types of offence in the past year alone;
Amendment 66 #
2020/2009(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in addition to violence, intimidation and harassment of journalists there is lack of prosecution of the perpetrators of these crimes and impunity leads to a chilling effect; whereas OSCE reports that impunity prevails as e.g. less than 15% of murders of journalists in the OSCE region are solved;
Amendment 74 #
2020/2009(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the global COVID-19 crisis is having a devastating social and economic impact on the media sector; whereas media outlets have been reporting considerable losses in their revenue from advertising, whereas thousands of media workers have already lost, or are at risk of losing their jobs, either temporarily or permanently, whereas this has particularly strong impact on freelance journalists whose number is increasing throughout the EU and who constitute already a significant part of all journalists in Europe; whereas financial sustainability of the job and financial independence are a crucial part of press freedom;
Amendment 82 #
2020/2009(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the internet and social media play a role in spreading hate speech and fostering radicalisation leading to violent extremism, through the circulation of illegal content; whereas combating all forms of intolerance is an integral part of human-rights protection as developed by the jurisprudence of the European Court of Human Rights;
Amendment 91 #
2020/2009(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the AVMSD obliges the authorities in every Member State to ensure that audiovisual media services do not contain any incitement to hatred based on race, sex, religion or nationality; whereas the AVMSD obliges Member States to ensure the independence of media regulators;
Amendment 95 #
2020/2009(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the spread of false news and disinformation available via social media or search websites poses a threat to freedom of speech and expression and the independence of the media, and has strongly impaired the credibility of the traditional media; whereas data analysis and algorithms have an increasing impact on the information made accessible to citizens;
Amendment 100 #
2020/2009(INI)
Motion for a resolution
Recital J
Recital J
J. whereas disinformation related to COVID-19 may cause panic and social unrest and needs to be addressed; whereas measures to combat disinformation cannot be used as a pretext for introducing disproportionate restrictions on press freedom; whereas reports indicate that coordinated campaigns have been running across EU Member States and neighbouring regions, promoting false health information and disinformation about the EU and its partners; whereas the Commission addresses these phenomena in its recent joint communication on tackling COVID-19 disinformation;
Amendment 134 #
2020/2009(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence from political interference; highlights as well the need to ensure the financial independence and the conditions for the sustainability of the activities of private market operators to avoid media capture; reiterates in this context Parliament’s call for an ambitious EU media action plan; condemns attempts by Member State governments to silence critical media and undermine media freedom and pluralism, in particular attempts to control public service media; deplores the fact that in some Member States public broadcasting has become an example of single political party propaganda, which often excludes opposition and minority groups from society and even incites violence; draws attention to the recommendations included in the Resolution 2255 (2019) of PACE that calls on the Member States to guarantee editorial independence, as well as sufficient and stable funding, for public service media; stresses that safeguarding independent authorities and ensuring strong independent oversight of audiovisual media against undue state and commercial intervention is crucial; calls on the Commission to present a legal framework to supervise the operation of public service media providers, including whether they fulfil the criteria of prudent management and task-based financing, and if their services fulfil the expectations of fact-based, fair and ethical journalism;
Amendment 158 #
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; reiterates its call to Member States to take a gender-sensitive approach when considering measures to address the safety of journalists; strongly reiterates its call on the Commission to present proposals to prevent so-called ‘Strategic Lawsuits Against Public Participation’ (SLAPP);
Amendment 159 #
2020/2009(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates its concern that few specific legal or policy frameworks protecting journalists and media workers from violence, threats and intimidation can be identified at national level within the EU; calls on the Member States and the Commission to ensure the effective protection and safety of journalists and other media actors as well as of their sources, including in a cross-border context; strongly reiterates its call on the Commission to present proposals to prevent so-called ‘Strategic Lawsuits Against Public Participation’ (SLAPP) which can be used explicitly to silence or intimidate journalists and create a climate of fear on their reporting of certain topics;
Amendment 176 #
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; reminds that according to the Media Pluralism Monitor conclusions the media ownership concentration remains one of the most significant risks to media pluralism and is seen as creating barriers to the diversity of information; calls on the Commission to monitor the implementation at Member States level of existing EU instruments against ownership concentration and illegal state aid to increase diversity in the media landscape;
Amendment 195 #
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 crisiseconomic recovery plan; 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; reiterates also in this context its call for an ambitious EU media action plan to support the development of a vibrant and pluralistic media landscape;
Amendment 199 #
2020/2009(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Strongly welcomes the allocation of EU funds to start projects, such as the Europe-wide rapid response mechanism for violations of press and media freedom and a cross-border investigative journalism fund in order to strengthen media freedom and pluralism;
Amendment 206 #
2020/2009(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Condemns all types of incidents of hate crime and hate speech both offline and online, that occur regularly within the EU and recalls that racist and xenophobic speech are not covered by the freedom of expression;;
Amendment 216 #
2020/2009(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates its call on the Member States to takimplement and enforce further measures to prevent, condemn and counter hate speech and hate crime, so as to fight organisations that spread hate speech and violence in public spaces and online;
Amendment 218 #
2020/2009(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 225 #
2020/2009(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out that Member States must ensure, by all appropriate means, that the media, including online and social media, as well as advertising, are free from all incitement to violence or hatred directed against any person or group of persons and that this can have a direct effect on the participation in civil society of these individuals; points out that xenophobia is the most commonly reported ground of hate speech; reiterates its call on the Commission, the Member States and social media companies to counteract the spread of racism, xenophobia and LGBTI-phobia on the internet, in cooperation with the relevant civil society organisations;
Amendment 236 #
2020/2009(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the new digital environment has exacerbated the problem of the spread of disinformation and has resulted in online platforms playing an influential role in publishing, disseminating and promoting news and other media content; reiterates its concern about the potential threat disinformation poses to freedom of expression and the, democratic discourse, independence of the media and public health;
Amendment 255 #
2020/2009(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underlines that disinformation and sensationalised media reports relating to the COVID-19 emergency have also been used by extreme right-wing and populist groups and politicians to target minority groups and contribute to anti- immigration rhetoric, which has led to increased instances of racist and xenophobic hate speech, as well as discrimination;
Amendment 259 #
2020/2009(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that different forms of misinformation and disinformation, as well as other forms of information manipulation relating to the COVID-19 pandemic, continue to proliferate around the world and have potentially harmful consequences for public security, health and effective crisis management; recalls that all measures to combat disinformation, including those taken in the context of the COVID-19 emergency, need to be necessary, proportionate, transparent and subject to regular oversight, and may under no circumstances prevent journalists and media actors from carrying out their work or lead to content being unduly blocked on the internet; deplores that certain online platforms remove professional journalistic content based on non-transparent terms and conditions which unnecessarily limit the freedom of expression;
Amendment 270 #
2020/2009(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Commission’s initiative to present a European Democracy Action Plan that aims to counter disinformation and to adapt to evolving threats and manipulations, as well as to support free and, independent and financially viable media; emphasises in this respect that protecting free and independent media while combating hate speech and disinformation is a fundamental factor in terms of the defence of the rule of law and democracy in the EU; welcomes the creation of the European Digital Media Observatory, a digital platform to help fighting disinformation;
Amendment 280 #
2020/2009(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reminds the Commission and the Member States as well as the private sector, in particular online platforms, and civil society as a whole of the need for joint action when it comes to the fight against disinformation, and acknowledges the positive and necessary, yet still insufficient, impact of the voluntary actions taken by service providers and platforms to counter disinformation;
Amendment 283 #
2020/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission and Member States to improve media literacy through support for educational initiatives aimed at both students and professional educators, as well as through targeted awareness-raising campaigns within civil society, highlights that media literacy is an increasingly essential and critical skill for the modern citizen and consumer and recalls its fundamental role as one of the primary solutions to growing disinformation- and hate speech-related issues;
Amendment 19 #
2020/1998(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses the need to financially support the Union fisheries sector, especially those operating in UK waters, in the event that no agreement is reached between the Union and the UKbefore the end of the transition period.
Amendment 28 #
2020/1998(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses the need to increase investment in more selective fishing gear by increasing research and development as well as by financially supporting fishermen to invest in new selective fishing gear.
Amendment 435 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, clearly visible, low-threshold, user- friendly, and located close to the content in question. They should allow for the submission of notices exclusively by electronic means.
Amendment 441 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) a clear indication of the electronic location of that information, in particular the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal conten enabling the identification of the illegal content if the application of the service that is used by the recipient allows it;
Amendment 452 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The provider shall also, without undue delay but after 7 days following the notification at the latest, notify that individual or entity of its decision in respect of the information to which the notice relates, providing a comprehensible statement of reasons for that decision and information on the redress possibilities in respect of that decision.
Amendment 456 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent and objective manner and without undue delay but after 7 days following the notification at the latest. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.
Amendment 501 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Online platforms shall handle complaints submitted through their internal complaint-handling system in a timely, diligent and objective manner and without undue delay but after 7 days following the notification at the latest. Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account, it shall reverse its decision referred to in paragraph 1 without undue delay.
Amendment 507 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Online platforms shall inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in Article 18 and other available redress possibilities without undue delay but after 7 days following the notification at the latest.
Amendment 520 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) (b) it has the necessary legal expertise and qualification in relation to the issues arising in one or more particular areas of illegal content, or in relation to the application and enforcement of terms and conditions of one or more types of online platforms, allowing the body to contribute effectively and adequately to the settlement of a dispute;
Amendment 523 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point e
Article 18 – paragraph 2 – point e
(e) the dispute settlement takes place in accordance with clear and fair rules of procedure that are transparent and clearly visible and easily accessible on the online platform.
Amendment 524 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 3 – introductory part
Article 18 – paragraph 3 – introductory part
3. The online platform shall bear all fees for the dispute settlement irrespective of the decision. If the body decides the dispute in favour of the recipient of the service, the online platform shall it shall further reimburse the recipient for any fees and otherll additional reasonable expenses that the recipient has paid or is to pay in relation to the dispute settlement. If the body decides the dispute in favour of the online platform, the recipient shall not be required to reimburse any fees or other expenses that the online platform paid or is to pay in relation to the dispute settlement.
Amendment 563 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 144 #
2020/0310(COD)
Proposal for a directive
Recital 7
Recital 7
(7) When set at adequate levelsEncouraging an approach where adequacy and economic factors are combined, minimum wages protect the income of disadvantaged workers, help ensure a decent living, and limit the fall in income during bad times, as recognised in Convention 131 of the International Labour Organisation on the establishment of a system of minimum wage fixing. Minimum wages contribute to sustaining domestic demand, strengthen incentives to work, reduce wage inequalities and in- work poverty.
Amendment 298 #
2020/0310(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. The adequacy of statutory minimum wages is determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as regional and sectoral developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.
Amendment 458 #
2020/0310(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘collective bargaining’ meanis firstly defined at national level; at an EU level it is defined as all negotiations which take place between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more workers’ organisations, on the other, for determining working conditions and terms of employment; and/or regulating relations between employers and workers; and/or regulating relations between employers or their organisations and a worker organisation or worker organisations;
Amendment 467 #
2020/0310(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘collective agreement’ meanis firstly defined at national level; at an EU level is defined as all agreements in writing regarding working conditions and terms of employment concluded by the social partners as an outcome of collective bargaining;
Amendment 494 #
2020/0310(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. With the aim to increaspromote the collective bargaining coverage Member States shall take, in consultation with the social partners, at least the following measures:
Amendment 501 #
2020/0310(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) promofacilitate the building and strengthening of the capacity of the social partners to engage in collective bargaining on wage setting at sector or cross-industry level for workers who choose it;
Amendment 532 #
2020/0310(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States where collective bargaining coverage is less than 70% of the workers defined within the meaning of Article 2 shall in addition provide for or where it already exists provide for a framework of enabling conditions for collective bargaining, either by law after consultation of the social partners or by agreement with them, and in consultation with the social partners shall establish an action plan to promote collective bargaining. The action plan shall be made public and shall be notified to the European Commission.
Amendment 564 #
2020/0310(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States with statutory minimum wages shall take the necessary measuresestablish a framework to ensure that the setting and updating of statutory minimum wages are guided by criteria set to promote both adequacy and economic factors combined with the aim to achieve decent working and living conditions, social cohesion and, upward convergence and a high level of employment. Member States shall define those criteria in accordance with their national practices, either in relevant national legislation, in decisions of the competent bodies or in tripartite agreementwhilst fully respecting the diversity of national wage setting systems. The criteria shall be defined in a stable and clear way.
Amendment 568 #
2020/0310(COD)
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. The national criteria referred to in paragraph 1 shall include at least the following elementmay take amongst others the following elements into account, whose relevance and relative weight may be decided by Member States in accordance with their prevailing national socio- economic conditions:
Amendment 622 #
2020/0310(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall use indicative reference values to guide their assessment of adequacy of statutory minimum wages in relation to the general level of gross wages, such asdesignate relevant consultative bodies, or establish them where they do not exist, to advise those commonly used at international levelpetent authorities on issues related to statutory minimum wages.
Amendment 690 #
2020/0310(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States may allow minimal deductions by law that reduce the remuneration paid to workers to a level below that of the statutory minimum wage. Member States shall ensure that these deductions from statutory minimum wages are necessary, objectively justified and proportionate.
Amendment 776 #
2020/0310(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall task their competent authorities in consultation with social partners, with developing effective data collection tools to monitor the coverage and adequacy of minimum wages.
Amendment 801 #
2020/0310(COD)
Proposal for a directive
Article 10 – paragraph 2 – point b – introductory part
Article 10 – paragraph 2 – point b – introductory part
(b) for minimum wage protection provided only by universally applicable collective agreements:
Amendment 833 #
2020/0310(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall ensure that information regarding minimum wage protection, including universally applicable collective agreements and wage provisions therein, is transparent and publicly accessible.
Amendment 502 #
2020/0279(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) In applying this Regulation, Member States must respect their international obligations towards stateless persons, including under the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954, and in accordance with other international human rights law instruments. Where necessary, the treatment of stateless persons should be distinguished from third-country nationals with due consideration to their particular protection needs.
Amendment 907 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
The Union and the Member States shall take actions in the field of asylum and migration management on the basis of compliance with its existing commitments under EU and international law and, a comprehensive approach. That comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and shall consist of the following components:
Amendment 917 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including particular on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causes of irregular migration, supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting irregular migration and migrant smugglsmuggling and human trafficking, and enhancing cooperation on readmission, in full respect of international law and the objectives set out in Article 21 TEU, as well as the Global Compact on Refugees and the Global Compact for Safe Orderly and Regular Migration;
Amendment 970 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) access for applicants to adequate reception conditions, including housing, food, clothing, health care, education for minors and access to employment as outlined in the Reception Conditions Directive, with specific attention to be made to the needs of vulnerable groups;
Amendment 1002 #
2020/0279(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Union and Member States shall ensure coherence of asylum and migration management policies, including both the internal and external components of those policies in consultation with and with full respect for the competencies of the EU and Member State institutions and agencies responsible for external policies.
Amendment 1008 #
2020/0279(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 1044 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) take all measures necessary and proportionate, in full compliance with the legal obligation to provide access to asylum procedures, to reduce and prevent irregular migration to the territories of the Member States, with a particular focus given to the creation of safe and legal pathways, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smugglingthe smuggling of migrants and human trafficking, while protecting the rights of smuggled and trafficked people;
Amendment 1087 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission shall adopt a European Asylum and Migration Management Strategy setting out the strategic approach to managing asylum and migration at Union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this Part and in EU primary legislation and applicable international law. The Commission shall transmit the Strategy to the European Parliament and the Council.
Amendment 1098 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the national strategies of the Member States referred to paragraph 3 of this Article and their compliance with EU and international law;
Amendment 1102 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) information gathered by the Commission under the Commission Recommendation No XXX on an EU Migration Preparedness and Crisis Management Mechanism hereinafter referred to as Migration Preparedness and Crisis Blueprint; the reports issued under that framework as well as the activities of the Migration Preparedness and Crisis Management Network and, information collected by the Commission and the EU Asylum Agency on implementation of the asylum acquis;
Amendment 1109 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) information gathered in the course of evaluations undertaken in the Schengen evaluation and monitoring mechanism in accordance with Article 4 of Regulation (EU) No 1053/201355 .; _________________ 55Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen, OJ L 295, 6.11.2013, p. 27.
Amendment 1114 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d a (new)
Article 6 – paragraph 2 – point d a (new)
Amendment 1151 #
2020/0279(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where the Commission, on the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account and without prejudice to the Union’s overall relations with the third country and in consultation with all relevant Commission services and the European External Action Service. _________________ 57Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas, OJ L 243, 15.9.2009, p. 1.
Amendment 1165 #
2020/0279(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. On the basis of the report referred to in paragraph 1, the Commission and the Council, within their respective competencies, shall consider the appropriate actions taking into account the Union’s overall relations with the third country, including respect for the objectives of external policies as elaborated in Article 21 TEU and assessment of the impact these potential actions may have in the fields of migration, peace and security, development and poverty eradication.
Amendment 1169 #
2020/0279(COD)
4. The Commission shall keepconsult the European Parliament regularlyduring the preparation of the report and keep it informed of the implementation of this Article.
Amendment 1184 #
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 which the application for international protection was registered or where the applicant is legally present, shall be responsible for examining it.
Amendment 1193 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Where it is impossible for a Member State to transfer an applicant or a beneficiary of international protection to the Member State primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for applicants in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union or the risk of a serious violation of the fundamental rights of the applicant or beneficiary, the determining Member State shall continue to examine the criteria set out in Chapter II of Part III in order to establish whether another Member State can be designated as responsible.
Amendment 1234 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. By derogation from paragraph 1, where a third-country national or stateless person is in possession of a valid residence permit or a valid visa, or is otherwise legally present, the application shall be made and registered in the Member State that issued the residence permit or visa or in which they are legally present.
Amendment 1246 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting as soon as possible and at the latest during the interview referred to in Article 12, all the elements and information available to him or her relevant for determining the Member State responsible. Where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided, the competent authority may set a reasonable and justifiable time limit within the period referred to in Article 29(1) for submitting such evidence.
Amendment 1258 #
2020/0279(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The applicant shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State other than the one in which he or she is required to be present pursuant to Article 9(4) of this Regulation from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible, provided that the applicant has been informed of that consequence pursuant to Article 8(2), point (b) of Regulation (EU) XXX/XXX [Screening Regulation]. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligations. An applicant shall not be sanctioned for entering a Member State other than the Member State in which he or she is obliged to be present if they are there for reasons beyond their control.
Amendment 1267 #
2020/0279(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Elements and information relevant for determining the Member State responsible submitted after expiry of the time limit referred to in Article 9(3) shall not be taken into account by the competent authorities, except where non-compliance can be objectively justified by the applicant.
Amendment 1276 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. As soon as possible and at the latest when an application for international protection is registered in a Member State, its competent authorities shall inform the applicant in a language the applicant understands, of the application of this Regulation and of the obligations set out in Article 9 as well as the consequences of non-compliance set out in Article 10, of the purpose of the personal interview, of the legal aid and other forms of assistance that can be provided by the Member State and non-governmental organisations, and in particular:
Amendment 1294 #
2020/0279(COD)
(c) of 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 and Member States requested or notified in the individual case;
Amendment 1298 #
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, any relevant 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 1315 #
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, where no transfer decision is issued, of the right to an effective remedy in accordance with Article 33(1);
Amendment 1339 #
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 writing 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.
Amendment 1352 #
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 and other vulnerable groups such as victims of human trafficking, 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.
Amendment 1361 #
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 State shall conduct a personal interview with the applicant thoroughly asking questions on all aspects of the claim that would allow for the determination of the Member State responsible. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 116.
Amendment 1375 #
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 1382 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The personal interview shall be conducted 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 representative and, where applicable, the minor’s legal advisor. Where necessary, Member States shall have recourseaccess 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 1407 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Each Member State where ans shall ensure that unaccompanied minor is present shall ensure that he or she iss are represented and assisted by a representative with respect to the relevant procedures provided for in this Regulation. The representative shall have the resources, qualifications, training and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representatives shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors and shall inform the minor accordingly about the procedure.
Amendment 1440 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) the minor’s physical and mental well-being and social development, taking into particular consideration the minor’s background;
Amendment 1444 #
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; and, the consideration that detention is never in the best interest of the child;
Amendment 1474 #
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 surguarantee 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 unaccompanied minor shall be preceded by an 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 staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.
Amendment 1598 #
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, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed before the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing.
Amendment 1603 #
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, sibling or parent is legally resident on the territory of the Member State where the dependent person is present, that Member State shall verify whether the child, sibling or parent can take care of the dependent person, before making a take charge request pursuant to Article 29.
Amendment 1606 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the child, sibling or parent 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, sibling 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. 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, sibling or parent of the applicant to its territory.
Amendment 1642 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
Amendment 1707 #
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 request is based on Article 16 or 17, the determining Member State may, where it considers that it is in the best interest of the minor, 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.
Amendment 1761 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The notified Member State shall confirm receipt of the notification to the Member State which made the notification within onefour weeks, unless the notified Member State can demonstrate within that time limit that its responsibility has ceased pursuant to Article 27.
Amendment 1767 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Failure to act within the onefour-week period set out in paragraph 3 shall be tantamount to confirming the receipt of the notification.
Amendment 1786 #
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 in a language they understand without delay of the decision to transfer him or her to the Member State responsible and, wthere applicable, of the fact that it will not examine his or consequences of this decision, necessary actions that ther application for international protectionnt needs to take and the timelines that bind them.
Amendment 1802 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Where the person concerned is not assisted or represented by a legal advisor or other counsellor, Member States shall inform him or her of the main elements of the decision, which shall always include information on the legal remedies available and the time limits applicable for seeking such remedies, in a language that the person concerned understands or is reasonably supposed to understand.
Amendment 1817 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Member States shall provide for a period of twoat least four weeks after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1.
Amendment 1835 #
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 and at the earliest stage possible where the person concerned cannot afford the costs involved. 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 1839 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 1
Article 33 – paragraph 5 – subparagraph 1
Amendment 1842 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 2
Article 33 – paragraph 5 – subparagraph 2
Amendment 1847 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 3
Article 33 – paragraph 5 – subparagraph 3
Amendment 1870 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a significant risk of absconding, Member States may detain the person concerned in order to secure transfer procedures 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 1928 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1
Article 35 – paragraph 2 – subparagraph 1
Amendment 1943 #
2020/0279(COD)
Proposal for a regulation
Article 37 – paragraph 2 – point c
Article 37 – paragraph 2 – point c
(c) in the case of minors, informationthe best interests of the child assessment and information as set out in Article 13, including on their education;
Amendment 2050 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
(d) capacity-building measures in the field of asylum, reception and return, and operational support and measures aimed at respond, when this is clearly ing to migratory trends affectinghe interest of the benefitting Member State through cooperation with third countries.
Amendment 2217 #
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 State in question. The Commission shall inform the European Parliament, the Council and the Member States, without delay, that it is undertaking an assessment.
Amendment 2224 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point b
Article 50 – paragraph 3 – point b
Amendment 2229 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point d
Article 50 – paragraph 3 – point d
Amendment 2241 #
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 2250 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point k
Article 50 – paragraph 3 – point k
(k) the number of vulnerable applicants, in particular unaccompanied minors.
Amendment 2312 #
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 (c). Member States shall prioritise the relocation of vulnerable applicants, in particular unaccompanied minors.
Amendment 2424 #
2020/0279(COD)
Proposal for a regulation
Article 55 – paragraph 4 – subparagraph 1 a (new)
Article 55 – paragraph 4 – subparagraph 1 a (new)
This Article is without prejudice to the rights of stateless persons and their referral to relevant procedures under national law to determine their statelessness and offer adequate protection.
Amendment 81 #
2020/0104(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Past experiences have shown that investment is oftenThe policies of economic austerity adopted in the wake of the global financial crisis in 2008 led to a drastically cut during crisesin public investment. However, it is essential to support investment in this particular situation to speed up the recovery andact in a countercyclical way and support investment in times of crises, to speed up the economic and social recovery, protect employment and create new jobs, strengthen long- term sustainable growth potential. Investing in green and digital technologies, capacities and processes aimed at assisting clean energy transition, boosting energy efficiency in housing and other key sectors of the economic are important t, with the goal to also increase social resilience and cohesion, and to avoid an increase in of inequalities and poverty. To achieve sustainable growth and help create jobs. It will also help make the Union more resili it is vital to invest in greent and less dependent by diversifying key supply chainsdigital technologies, capacities and processes aiming to achieve a circular and carbon-neutral economy.
Amendment 85 #
2019/2975(RSP)
Recital E a (new)
E a. whereas people with disabilities have the right to live independently and to be included in the community as set out in Article19 of the UNCRPD;
Amendment 299 #
2019/2975(RSP)
Paragraph 7
7. Calls on the Commission to systematically mainstream the rights of persons with disabilities in all the relevant EU laws, policies and programmes; Stresses the need for the full integration of the disability-rights perspective in the Gender Equality Strategy;
Amendment 430 #
2019/2975(RSP)
Paragraph 11 a (new)
11 a. Calls on Member States to develop national strategies taking into account best practices from other Member States to ensure correct implementation of the UNCRPD;
Amendment 433 #
2019/2975(RSP)
Paragraph 11 b (new)
11 b. Stresses the right to live independently and be included in the community as integral to the realisation of many of the other rights enshrined in the CRPD, these include equality and non-discrimination, autonomy and liberty, legal capacity and freedom of movement;
Amendment 440 #
2019/2975(RSP)
Paragraph 12 a (new)
12 a. Calls on the Commission to ensure that the European Disability Agenda 2020-2030 includes the need to end all violence against persons with disabilities, in particular gender based violence as women and girls with disabilities are disproportionately more likely to experience physical, sexual, psychological and economic violence than men;
Amendment 72 #
2019/2212(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 232 #
2019/2212(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls for increased monitoring and recommendations within the EU on affordable housing and securing the right to housing for homeless people;
Amendment 82 #
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 as these return decisions are more sustainable in the long-term;
Amendment 105 #
2019/2208(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines that not every return decision is followed by swift return and readmission procedures due to practical and legal obstacles and notes with concern that this can cause serious strains, not only on the local facilities, but on the people involved;
Amendment 147 #
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, particularly in cases of non-refoulement involving vulnerable persons and groups; 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;
Amendment 161 #
2019/2208(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern the widespread automatic imposition of entry bans, which in some Member States are enforced alongside voluntary departure; stresses that this approach risks reducing incentives to comply with a return decision and urges Member States to consider reviewing this practise;
Amendment 180 #
2019/2208(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that entry bans have particularly disproportionate consequences for families and children; welcomes the option introduced by some Member States to exempt children from the imposition of an entry ban and encourages others to adopt similar policies, but stresses that children’s interests should also be a primary consideration when deciding on the entry ban of their parents;
Amendment 189 #
2019/2208(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes differences in the transposition into national legislations of the definition of the ‘risk of absconding’ and that clarification on this is needed to ensure grounds for detention are clearly defined; reiterates that Article 3(7) of the directive provides that the existence of such a risk should always be assessed on the basis of objective criteria defined by law;
Amendment 209 #
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; applauds Member States who have introduced legislation clearly stating that detention is not justified if there is no reasonable prospect of removal;
Amendment 220 #
2019/2208(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that a significant number of children are still detained in the European Union as part of return procedures, which constitutes a direct violation of the UN Convention on the Rights of the Child, as the UN Committee on the Rights of the Child has clarified that children should never be detained for immigration purposes, and detention can never be justified as in a child’s best interests, particularly as it can have incredibly damaging effects on their mental health;
Amendment 87 #
2019/2206(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the Dublin system places a significant burden on a minority of Member States, in particular when influxes of migrants occur; takes the view that the EU therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among Member States, including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum in full respect of the fundamental right to safety and protection of asylum seekers;
Amendment 129 #
2019/2206(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to make use of the discretionary clause in Article 17 when exceptional circumstances so warrant, for example to relocate asylum seekers currently living in the Greek hotspots in an atmosphere of extreme tension and to provide decent reception conditions with sufficient access to physical and mental health supports;
Amendment 157 #
2019/2206(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights the significant operational backing for Dublin procedures provided by the European Asylum Support Office (EASO) in the hotspots; calls on the Commission and the Member States to facilitate the work of EASO staff by allowing interviews in a language other than that of the country in which they are conductedapplicant understands; calls for the establishment of a European Asylum Agency, with sufficient financial and human resources;
Amendment 165 #
2019/2206(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that the protection of fundamental rights must be at the heart of the measures taken to implement the Dublin III Regulation, including the protection of children, victims of trafficking and the most vulnerable, such as LGBTI persons;
Amendment 171 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reiterates that the Dublin III Impact Assessment study undertaken by the EPRS notes that non-refoulement and human rights abuses are reason enough to suspend a transfer even when the destination country does not present systemic problems;
Amendment 173 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Notes with concern that LGBTI persons can be subjected to discrimination and violence in countries deemed ‘safe’, thus rendering their claims for asylum entirely legitimate in such circumstances; further notes that fast-track procedures and list of 'safe countries' should not unduly affect asylum claims of vulnerable groups, such as LGBTI persons; recalls that the application of fast-track procedures and lists of safe countries should be consistent with the principle of non-refoulement and fundamental rights of the most vulnerable;
Amendment 176 #
2019/2206(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonise the standard of proof required; calls on the Member States and the Commission to protect the best interests of children and to clarify the criteria for keeping children in detention; by ensuring they are not subjected to detention; calls on the Members States and the Commission to clarify a ‘significant risk of absconding’ in the context of Dublin III and application of detention towards vulnerable groups; calls on the Member States to take into consideration the specific needs of LGBTI persons in detention and to ensure they benefit from protection from inhuman or degrading treatment arising from facility staff and/or other detainees; recalls that transgender persons’ right to health, namely in accessing hormonal replacement therapy, must be upheld in detention as a means to prevent their further exposure to discrimination and/or violence arising from staff and/or other detainees;
Amendment 186 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on Member States to adequately train asylum officers regarding the needs of the most vulnerable, such as LGBTI persons, and to ensure interviews are conducted in settings favourable to the full disclosure of crucial information to prove the validity of the claim; notes with concern that some LGBTI asylum-seekers may not feel initially comfortable with disclosing their sexual orientation or gender identity because of previous negative interactions with authorities in the country of origin;
Amendment 198 #
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 which actively undermines the principle of EU solidarity and directly contributes to the overburdening of systems in certain Member States; regards efforts to combat secondary movements as essential in order to reduce the number of transfer requests; proposes that the conditions which trigger transfer procedures be clarified and harmonised;
Amendment 222 #
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 and improve decision- makingis fundamental to inform applicants of their rights and obligations during the asylum process would simplify the process of obtaining asylum and improve decision-making as a legal representative can ensure that each case file is complete and accurate and contribute to reducing the rate of appeals and safeguarding the right to non- refoulement; 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 230 #
2019/2206(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Reminds Member States that EU legislation requires them to provide legal assistance and make representation available on request during appeal procedures; notes with concern that some specific issues at national level remain, such as remote asylum centres having limited access to alternative representatives, low financial compensation for legal assistance, lack of adequate facilities for preparatory and private interviews and legal aid not adequately provided to applicants in detention centres;
Amendment 278 #
2019/2206(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 294 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recognises the serious issues that can arise within prevalent Eurosceptic communities, particularly those which are paired with violent political views, and urges the EU and the Member States to encourage the active participation of EU citizens in EU matters, particularly amongst young people, so that their opinions can be voiced through democratic channels;
Amendment 305 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Emphasises the important roles which civic education and intercultural dialogue play in improving EU citizens´ understanding of their political participation; encourages the education of EU citizens of their rights;
Amendment 333 #
2019/2199(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Deeply regrets that the proposed 2008 Equal Treatment Directive continues to be blocked in Council; reiterates its call on the Council to adopt its position on the proposal as soon as possible in order to further progress on the anti-discrimination agenda;
Amendment 342 #
2019/2199(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises that a change of attitude and entrenched stereotypes towards women and girls are necessary within the EU to properly address gender- based violence specifically and ensure that they are empowered economically, politically and socially more generally; underlines that these stereotypes must be first addressed at school in order to effectively uphold women and girls’ fundamental rights;
Amendment 347 #
2019/2199(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Reiterates the serious continual concerns surrounding practices of female genital mutilation (FGM) in the EU; calls on Member States to focus on the prevention of this practise with their anti- FGM policies; emphasises the importance that Member States cooperate fully with one another to ensure that our joint efforts are put in to the protection of women and girls;
Amendment 398 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Reiterates the concern that online hate speech remains a prevalent and pressing issue, particularly against women and other minority groups; expresses grave concern at the continued lack of reporting of hate crimes by victims; encourages Member States to properly implement tools for reporting hate crime and hate speech and ensure that cases of hate crime or hate speech are thoroughly investigated, whilst ensuring the right to freedom of expression;
Amendment 410 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Recalls that LGBTI+ persons suffer discrimination during many different stages of their lives; emphasises the need for Member States to help combat this discrimination from a young age, including through focusing on LGBTI+ bullying at school in order to secure their right to mental and physical health;
Amendment 417 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Underlines that members of our LGBTI+ community can only have their fundamental rights properly protected if they are granted access to legal institutions such as cohabitation, registered partnership and marriage; welcomes the progress made in many Member States to provide access to these institutions, and calls on other Member States to consider implementing these changes;
Amendment 424 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Applauds the efforts made by many Member States in protecting the rights of our LGBTI+ community; encourages Member States to keep their LGBTI+ citizens fully informed about their rights and to continue to exchange best practices in this regard; condemns any medical practices which clearly violate the fundamental rights of trans and intersex people;
Amendment 464 #
2019/2199(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Emphasises that anti- discrimination legislation remains a key component of any strategy to prevent radicalisation and to enable the de- radicalisation of those who are already members of extremist organisations; reiterates that Member States must improve, with continued support from the Commission, their efforts to prevent radicalisation and violent extremism through promoting European values, tolerance and community;
Amendment 550 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recalls that Member States must aim to keep families together whenever possible; calls upon Member States to follow the application of Directive 2003/86/EC on the right to family reunification;
Amendment 553 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses that the EU and Member States must devote sufficient resources to the creation and maintenance of safe and legal routes for asylum seekers in order to effectively tackle smugglers and trafficking networks; underlines that saving lives remains not only an act of solidarity with those at risk, but is also a legal obligation under EU and international law; encourages EU law enforcement agencies to improve their efforts to target these networks and cooperate more intensively with one another, with particular attention given to crimes against children;
Amendment 561 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Condemns instances of inciting fear and hatred among citizens towards migrants and asylum-seekers for political gain; calls for Member States to develop and adopt positive campaigns aimed at promoting the necessity of sustainable integration policies; urges Member States to take concrete steps to guarantee reception conditions before integration which live up to the fundamental rights of a dignified standard of living and to physical and mental health, with vulnerable groups needing increased attention in this regard;
Amendment 62 #
2019/2188(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
Cf. whereas research8a shows that the amount a household receives from a minimum wage tends to be sufficient to protect a single adult against the risk of poverty, but it is often not sufficient to support more than one person; __________________ 8aEurofound (2020), Minimum wages in 2020: Annual review. https://www.eurofound.europa.eu/publicat ions/report/2020/minimum-wages-in- 2020-annual-review
Amendment 114 #
2019/2188(INI)
Motion for a resolution
Recital K
Recital K
K. whereas coverage is declining in OECD countries, and in at least 14 EU Member States one in every two employees works without a wage agreement; whereas only seven Member States have a collective bargaining coverage rate above 80%16 ; whereas the decline was most rapid in those countries where collective bargaining was the target of structural reforms16a; __________________ 16OECD, Visser(2016) ICTWSS Database.https://www.etuc.org/en/docume nt/etuc-reply-first-phase-consultation- social-partners-under-article-154-tfeu- possible-action, p. 6, no 15. 16aEurofound (2020 forthcoming), Industrial Relations Flagship report.
Amendment 125 #
2019/2188(INI)
Motion for a resolution
Recital L d (new)
Recital L d (new)
Ld. whereas the contraction of employment during the previous crisis created a dramatic increase in the number of involuntary part-time workers who are most likely to work in basic or lower-level service occupations and sectors and who have amongst the highest in-work poverty risk-levels17a; __________________ 17aEurofound (2017), In-work poverty in the European Union. https://www.eurofound.europa.eu/publicat ions/report/2017/in-work-poverty-in-the- eu
Amendment 174 #
2019/2188(INI)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Qa. whereas the COVID-19 pandemic will have significant social and economic consequences, which will have a direct impact in terms of increasing poverty, especially among the most vulnerable groups in society, as its effects will be felt most keenly by workers in precarious positions such as temporary workers, seasonal workers, platform workers, etc. as well as in various economic sectors which will be impacted through job losses, wage and/or working time reduction during and after the pandemic; whereas 16% of workers in the EU consider that they are likely to lose their job in the near future and 40% of workers say their financial situation is now worse than before the pandemic20a; __________________ 20aEurofound (2020), Living, working and COVID-19dataset, Dublin, http://eurofound.link/covid19data
Amendment 194 #
2019/2188(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that in-work poverty needs to be addressed at its root causes, such as but not limited to education and training; calls on the Commission to urge Member States to invest in qualitative education and training, to share good practices and to have specific attention for life-long learning;
Amendment 204 #
2019/2188(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is convinced that the axiom that ‘work is the best remedy for poverty’ no longer applies today in the face of low- wage sectors, atypical and precarious working conditions and the dismantling of social security systems and that a poverty- free life can only be secured by effective collective agreements and minimum wage systems are needed to realise a poverty- free society;
Amendment 406 #
2019/2188(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for measures/actions to be taken to avoid a renewed increase in involuntary part-time employment as a result of Covid-19;
Amendment 437 #
2019/2188(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Proposes to actively counter potential high unemployment through European and national employment programmes and to invest in new sustainable jobs, future-oriented infrastructure, digital change and ‘green transition’.;
Amendment 11 #
2019/2187(INI)
Motion for a resolution
Citation 33 a (new)
Citation 33 a (new)
Amendment 12 #
2019/2187(INI)
Motion for a resolution
Citation 33 a (new)
Citation 33 a (new)
- having regard to the May 2020 LGBTI Survey II conducted by the European Union Agency for Fundamental Rights;
Amendment 14 #
2019/2187(INI)
Motion for a resolution
Citation 33 c (new)
Citation 33 c (new)
- having regard to the June 2020 European Commission Study “Legal gender recognition in the EU: the journeys of trans people towards full equality”;1a __________________ 1a https://ec.europa.eu/info/sites/info/files/le gal_gender_recognition_in_the_eu_the_j ourneys_of_trans_people_towards_full_e quality_web.pdf
Amendment 97 #
2019/2187(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the Commission has announced an upcoming LGBTI Equality Strategy to be adopted by Q4 2020;
Amendment 98 #
2019/2187(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the LGBTI Survey II conducted by FRA highlights that 1 in 5 LGBTI persons experience homelessness and housing exclusion, 1 in 3 trans persons experience homelessness and 39% of intersex persons experience homelessness; whereas the results highlight that more than a third (37%) of LGBTI persons felt discriminated in areas of life other than work, and that 1 in 10 LGBTI persons (11%) experienced discrimination in looking for a house or an apartment to buy or rent (by people working in private or public housing agencies or a landlord);
Amendment 102 #
2019/2187(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas the European Commission study on legal gender recognition in the EU highlights discrimination against trans and gender non-conforming persons in access to the housing market, including losing homes due to the divorce requirement of some gender recognition processes in the EU, and that access to legal gender recognition increases trans person’s likelihood of finding housing in cases where their documents match their gender expression;
Amendment 106 #
2019/2187(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
Gd. whereas the Committee of Ministers of the Council of Europe recommended to Member States in CM/Rec(2010)5 that measures should be taken to ensure that access to adequate housing can be effectively and equally enjoyed by all persons, without discrimination on grounds of sexual orientation or gender identity; whereas it recommended additionally that appropriate attention should be paid to the risks of homelessness experienced by LGBTI persons, including young persons and children who may be particularly vulnerable to social exclusion, including from their own families;
Amendment 182 #
2019/2187(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to specifically address LGBTI homelessness in its upcoming LGBTI Equality Strategy, particularly regarding youth, to create tools for enhanced data collection, to foster research across the EU and to facilitate the exchange of approaches to tackle the problem of LGBTI people experiencing homelessness between member states;
Amendment 374 #
2019/2176(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges Turkey to protect the rights of minorities and vulnerable groups, including women, LGBTI people and ethnic and religious minorities; condemns the pervasive hate-speech against LGBTI people, especially when done by high-level political and religious figures; condemns the lack of proper investigation, prosecution and sanction of hate speech, both online and offline, and of hate crime; calls on authorities and officials to firmly condemn all acts of violence and hate speech against minorities and vulnerable groups and to investigate and prosecute them effectively;
Amendment 390 #
2019/2176(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Urges the Turkish authorities to end the protracted bans on Pride marches in several cities; calls on the Turkish authorities to ensure that the right to freedom of assembly and association, as enshrined in Article 11 of the European Convention on Human Rights, can be effectively enjoyed, without discrimination on grounds of sexual orientation or gender identity, in respect of the recommendation of the Committee of Ministers of the Council of Europe;1a _________________ 1a https://search.coe.int/cm/Pages/result_det ails.aspx?ObjectID=09000016805cf40a
Amendment 4 #
2019/2173(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
— having regard to the fifth country monitoring report of the European Commission Against Racism and Intolerance (ECRI), published on September 20171a , and to the conclusions on Montenegro concerning the state of implementation of the 2017 recommendations, published on June 2020,1b __________________ 1a https://rm.coe.int/second-report-on- montenegro/16808b5942 1bhttps://rm.coe.int/ecri-conclusions-on- the-implementation-of-the- recommendations-in-respe/16809e8273
Amendment 110 #
2019/2173(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes progress on the protection of LGBTI rightthe rights of LGBTI persons and the adoption of the law on same-sex partnerships and calls on authorities to ensure all necessary conditions for its adequate and timely implementation; stresses that the situation of transgender and non-binary persons needs to be improved; urges the collection of disaggregated data relating to hate speech and crime based on sexual orientation and gender identity as recommended by ECRI and calls for their effective sanctioning;
Amendment 171 #
2019/2173(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Reiterates that the European Union has swiftly mobilised substantial support for the Western Balkans to tackle the COVID-19 pandemic health emergency and the socio-economic recovery of the region; calls on Montenegrin authorities to take into strong consideration the needs of the most vulnerable groups in society such as women, Roma and LGBTI persons, people with disabilities and other minorities when creating and implementing COVID-19 socio-economic relief measures;
Amendment 217 #
2019/2171(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses concern over the fundamental rights situation, specifically the persisting discrimination and hate speech faced by the LGBTI community, migrants and asylum seekers, as well as ethnic and religious minorities, and calls for more effective and comprehensive countrywide human rights and anti- discrimination strategies, as well as measures against interfaith and interethnic intolerance; stresses the need to duly prevent and prosecute the proliferation of hate speech, hate crimes and violence, and to promote social inclusion of minorities and vulnerable populations, including the Roma;
Amendment 223 #
2019/2171(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that the situation of LGBTI persons can be significantly improved by new legal measures and modifications such as legalising same-sex partnerships, the explicit protection of sexual orientation, gender identity and sex characteristics against hate speech and violence in the Criminal Code, quick, transparent and accessible procedures for legal gender recognition based on self- determination,1a and ensuring legal guarantees for the bodily integrity, autonomy, self-determination and informed consent of intersex persons, in line with its position on the matter;1b __________________ 1a In line with Council of Europe guidelines: Council of Europe’s Committee of Ministers Recommendation to Member States on measures to combat discrimination on grounds of sexual orientation or gender identity, available, CM/Rec(2010)5, available on http://assembly.coe.int/nw/xml/XRef/Xref- XML2HTML-EN.asp?fileid=21736. 1b Texts adopted, P8_TA(2019)0128.
Amendment 318 #
2019/2171(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for a co-ordinated, strategic countrywide response to the ongoing health emergency and post-pandemic recovery measures in full respect of the principle of non discrimination; recalls COVID-related EU support to address the acute situation in the country; calls on the European Commission and the Member States to allocate a sufficient number of COVID-19 vaccines to the Western Balkan countries;
Amendment 323 #
2019/2171(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses the need for the Bosnian authorities to find a better balance between fundamental rights and freedoms and necessary restrictions due to the pandemic; regrets the selective enforcement of the ban on assemblies, which resulted in the ban of the route of the 2020 Sarajevo Pride march;
Amendment 2 #
2019/2169(INI)
Draft opinion
Recital A
Recital A
A. whereas European citizens are protected from discrimination under Article 21 of the Charter of Fundamental Rights as women with intersecting identities and vulnerabilities face an increased risk of violence and harassment;
Amendment 67 #
2019/2169(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that the Commission must address the particular situation of women's protection against GBV in reception facilities and calls for adapted infrastructure for women and girls and adequate training for staff at these facilities where needed;
Amendment 68 #
2019/2169(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes the lack of a common approach or definitions for the various forms of cyber violence, which are not gender-neutral but are disproportionately targeted towards women and therefore are expressions of GBV; calls on the Commission to propose a legislative instrument on combating cyber violence against women as threats of violence and abuse have a profound impact of women's mental health at all levels of their individual development;
Amendment 76 #
2019/2169(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on Member States to ensure and improve access to justice, inter alia by training law enforcement and judicial staff on GBV and hate crimes, including those committed online; calls on Member States to ensure safe conditions for reporting, combat under-reporting, and provide legal aid as well as integrated support services and shelters and to implement preventive measures which take into account the specific needs of vulnerable groups of women, such as child victims, women with disabilities, refugee and LBTI women;
Amendment 4 #
2019/0000(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
15a. having regard to the Commission’s Recommendation of 3 October 2008 on the active inclusion of people excluded from the labour market,
Amendment 63 #
2019/0000(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the social situation continues to improve; whereas poverty and the risk of poverty, and gaps in coverage of social protection systems and access to services, persist; whereas some progress has been made towards the poverty target of the Europe2020-strategy with a 5.6 million reduction since 2008 but whereas the target to reduce poverty by at least 20 million by 2020 is still far away with 113 million still at risk; whereas higher levels of poverty are experienced by children and other groups like single parents, migrants, Roma and ethnic minorities and long-term unemployed; whereas there is rapidly growing in-work poverty (9.6%) and a widening poverty and inequality gap across the EU;
Amendment 69 #
2019/0000(INI)
Motion for a resolution
Recital H d (new)
Recital H d (new)
H d. Whereas good mental health is a critical part of individual well-being; Whereas more than one in six people across the EU member states had a mental health problem in 2016; Whereas people reporting chronic depression are much less likely to be in work in all EU countries;
Amendment 70 #
2019/0000(INI)
Motion for a resolution
Recital H e (new)
Recital H e (new)
H e. Whereas the total costs of mental ill-health across the EU is estimated to be over EUR 600 billion, more than 4% of GDP;
Amendment 95 #
2019/0000(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes note of the Commission’s 2019 country-specific recommendations (CSRs) and welcomes the stronger focus on investment; notes that almost one third of the CSRs issued until 2018 have not been implemented; welcomes the fact that considerable progress has been achieved in legislation governing labour relations and employment protection; is concerned that progress on the 2018 CSRs is worse than performance in previous years and urges the Commission to put the necessary pressure on Member States to implement the recommendations; believes that strong reform implementation is crucial to strengthen the growth potential of EU economies and should serve as well to improve social rights and well-being of all citizens in the EU;
Amendment 109 #
2019/0000(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the need for well- designed labour market policies and reforms that create quality employment, promote equal opportunities and the equal treatment of workers, facilitate equal access to the labour market and social protection, facilitate labour mobility, reintegrate the unemployed, take rural and isolated regions into account, and tackle inequalities and gender imbalances;
Amendment 138 #
2019/0000(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to step up efforts for the further inclusion of people with disabilitiesdevelop specific measures within employment, educational and social policies to ensure the effective inclusion of people with disabilities, including persons with psychosocial disabilities, for example in the labour market, by removing legislative barriers to creating incentives for their employment and ensuring the accessibility of workplaces;
Amendment 149 #
2019/0000(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that a transformation of the education and training systems is necessary in order to make full use of the opportunities offered by information and communication technologies and the media and to develop the skills and competences required to meet the demands of the labour market of the future; considers that skills shortages and mismatches can be major investment obstacles; emphasises that in order to acquire adequate skills it is necessary to improve the quality, availability, affordability and accessibility of education and training, including vocational training, and improve the mutual recognition of qualifications; calls on the Member States to prioritise comprehensive training in digital and entrepreneurial skills, taking into account the shift towards the digital economy and to a greener economy; believes that the challenges of climate change and the transition to a greener economy demand support to help workers to adapt, especially in the most affected regions; calls for particular attention for the most vulnerable groups in society, including people at risk of poverty or extreme deprivation;
Amendment 161 #
2019/0000(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8 d. Notes that online platform work in the EU has increased by more than 25% over the past two years to up to 5 million Europeans and that a third of all platform transactions are performed cross-border; points out that platform workers are often not covered by social protection systems; calls for a coordinated EU initiative to improve access to social security rights and health insurance for all platform workers, regardless of their employment status, and to extend collective agreement coverage to platform workers; stresses, moreover, the need for the Commission and the Member States to collect better and more harmonised data on the number of platform workers, their employment status, job content and income;
Amendment 183 #
2019/0000(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Calls on the Commission and the Member States to develop specific measures to follow up on the European Framework for Action on Mental Health and Wellbeing and the EU Compass for Action on Mental Health and Wellbeing; believes that these measures should include mental health promotion and prevention measures and be coherent with other policy instruments with the aim to reduce the underlying social determinants of mental health including, but not limited to, inequalities, early childhood development, unemployment, education, loneliness, poverty and social exclusion;
Amendment 184 #
2019/0000(INI)
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10 d. Calls on the euro area Member States to invest in making prevention a priority in their health policies, calls for the active pursuit of health promotion campaigns for both physical and mental health;
Amendment 194 #
2019/0000(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the social situation continues to improve and that poverty is in decline, but that it still remains unacceptably high; stresses that while the number of people at risk of poverty or social exclusion (AROPE) in the EU continued to decrease in 2017, some 113 million people in the EU and 74 million in the euro area were AROPE in 2017; urges the Commission and the Member States to take the necessary steps to reduce poverty, including child and in-work poverty, in order to achieve the Europe 2020 goalin-work poverty and poverty experienced by groups who are at much higher risk, such as children, single parents, migrants, Roma, ethnic minorities and the long term unemployed and homeless, in order to achieve the Europe 2020 goal; urges the Commission and the Member States to promote a rights-based anti-poverty strategy based on integrated active inclusion combining the implementation of fundamental social rights, quality services and jobs with fair living wages; emphasises that decent job creation, access to social protection regardless of employment relationship or contract type, wage growth and well- resourced, quality public education systems have a significant impact on reducing inequalities, the risk of poverty and social exclusion; stresses the importance of a transparent evaluation of the Europe2020-strategy, particularly in the field of poverty reduction, and the development of a social and sustainable strategy post-2020 which prioritises the eradication of poverty and supports the implementation of the European Pillar of Social Rights and the Sustainable Development Goals through meaningful dialogue processes at EU and national levels with civil society and people with direct experience of poverty;
Amendment 14 #
2017/0360R(NLE)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regard to the results of the LGBTI Survey II conducted by the Fundamental Rights Agency, which highlight an increase in intolerance and violence in Poland towards LGBTI persons, a complete disbelief in the government’s combat against prejudice and intolerance by Polish LGBTI respondents, recording the lowest percentage across the Union (only 4%), and the highest percentage of respondents avoiding going to certain places for fear of being assaulted, harassed or threatened (79%),
Amendment 223 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and called on the Commission to strongly condemn such public discrimination; the banning of and inadequate protection against attacks on Pride marches and awareness-raising programmes and actions such as Rainbow Friday, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’ and adoption of ‘Regional Charters of Family Rights’ or key provisions from such charters, discriminating in particular against single-parent and LGBTI families, and called on the Commission to strongly condemn such public discrimination; calls on the Commission to launch infringement proceedings in relation to such declarations of local governments, bearing in mind that homophobic statements constitute discrimination in employment and occupation when they are made by persons who may be perceived as having a decisive influence on recruitment policy of local government; calls on the Polish authorities to adopt legislation addressing the situation of same sex unions and parents with a view to ensuring their enjoyment of the right to non-discrimination in law and in fact in accordance with relevant case law of the Court of Justice and the European Court of Human Rights;