745 Amendments of Rainer WIELAND
Amendment 6 #
2024/2006(REG)
Parliament's Rules of Procedure
Rule 10 – paragraph 6 – subparagraph 2
Rule 10 – paragraph 6 – subparagraph 2
Members may not be elected as office- holders of Parliament or one of its bodies, be appointed as rapporteur or participate in an official delegation or interinstitutional negotiations,: (a) if they have not signed the declaration relating to that Codconfirming their commitment to complying with that Code, including the completion of the specialised training organised for them by the European Parliament on preventing conflict and harassment in the workplace and on good office management; or (b) if they have not completed the training referred to in point (a) within the first six months of their term of office save in duly substantiated exceptional cases, unless they have already completed it in a previous term of office.
Amendment 6 #
2024/2006(REG)
Parliament's Rules of Procedure
Rule 10 – paragraph 6 – subparagraph 2
Rule 10 – paragraph 6 – subparagraph 2
Members may not be elected as office- holders of Parliament or one of its bodies, be appointed as rapporteur or participate in an official delegation or interinstitutional negotiations,: (a) if they have not signed the declaration relating to that Codconfirming their commitment to complying with that Code, including the completion of the specialised training organised for them by the European Parliament on preventing conflict and harassment in the workplace and on good office management; or (b) if they have not completed the training referred to in point (a) within the first six months of their term of office save in duly substantiated exceptional cases, unless they have already completed it in a previous term of office.
Amendment 7 #
2024/2006(REG)
Parliament's Rules of Procedure
Rule 21 – paragraph 1
Rule 21 – paragraph 1
The Conference of Presidents may, acting by a majority of three-fifths of the votes cast, representing at least three political groups, propose to Parliament that it bring to an end the term of office of the President, a Vice-President, a Quaestor, a Chair or Vice-Chair of a committee, a Chair or Vice-Chair of an interparliamentary delegation, or of any other office holder elected within the Parliament, where it considers that the Member in question has been guilty of serious misconduct, including when the President has submitted a proposal in line with Rule 176(7) following the establishment of the occurrence of a harassment in accordance with the applicable internal administrative procedure on harassment and its prevention. Parliament shall take a decision on that proposal by a majority of two-thirds of the votes cast, constituting a majority of its component Members.
Amendment 7 #
2024/2006(REG)
Parliament's Rules of Procedure
Rule 21 – paragraph 1
Rule 21 – paragraph 1
The Conference of Presidents may, acting by a majority of three-fifths of the votes cast, representing at least three political groups, propose to Parliament that it bring to an end the term of office of the President, a Vice-President, a Quaestor, a Chair or Vice-Chair of a committee, a Chair or Vice-Chair of an interparliamentary delegation, or of any other office holder elected within the Parliament, where it considers that the Member in question has been guilty of serious misconduct, including when the President has submitted a proposal in line with Rule 176(7) following the establishment of the occurrence of a harassment in accordance with the applicable internal administrative procedure on harassment and its prevention. Parliament shall take a decision on that proposal by a majority of two-thirds of the votes cast, constituting a majority of its component Members.
Amendment 8 #
2024/2006(REG)
Parliament's Rules of Procedure
Rule 21 – paragraph 2
Rule 21 – paragraph 2
Where a rapporteur breaches the provisions of the Code of Conduct for Members of the European Parliament regarding integrity and transparency13has been guilty of serious misconduct, the committee which appointed him or her may, at the initiative of the President and on a proposal by the Conference of Presidents, terminate the holding of that office. The majorities laid down in the first paragraph shall apply mutatis mutandis to each stage of this procedure. JustificationAlignment with the revised paragraph 1 of Rule 21 clarif misconduct’ includes cases when a Member has been found guilty of sexual o harassmentOr. en ying that ‘serious r psychological .
Amendment 8 #
2024/2006(REG)
Parliament's Rules of Procedure
Rule 21 – paragraph 2
Rule 21 – paragraph 2
Where a rapporteur breaches the provisions of the Code of Conduct for Members of the European Parliament regarding integrity and transparency13has been guilty of serious misconduct, the committee which appointed him or her may, at the initiative of the President and on a proposal by the Conference of Presidents, terminate the holding of that office. The majorities laid down in the first paragraph shall apply mutatis mutandis to each stage of this procedure. JustificationAlignment with the revised paragraph 1 of Rule 21 clarif misconduct’ includes cases when a Member has been found guilty of sexual o harassmentOr. en ying that ‘serious r psychological .
Amendment 9 #
2024/2006(REG)
Parliament's Rules of Procedure
Rule 176 – paragraph 1 – subparagraph 3
Rule 176 – paragraph 1 – subparagraph 3
In relation to Rule 10(6), as regards the prohibition of any type of psychological or sexual harassment laid down in the first subparagraph of that Rule, the President may only adopt a reasoned decision under this Rule following the establishment of the occurrence of a harassment in accordance with the applicable internal administrative procedure on harassment and its prevention.
Amendment 9 #
2024/2006(REG)
Parliament's Rules of Procedure
Rule 176 – paragraph 1 – subparagraph 3
Rule 176 – paragraph 1 – subparagraph 3
In relation to Rule 10(6), as regards the prohibition of any type of psychological or sexual harassment laid down in the first subparagraph of that Rule, the President may only adopt a reasoned decision under this Rule following the establishment of the occurrence of a harassment in accordance with the applicable internal administrative procedure on harassment and its prevention.
Amendment 11 #
2024/2006(REG)
Parliament's Rules of Procedure
Annex II – point 5
Annex II – point 5
5. Where necessary, Members will cooperate promptly and fullyfully, in accordance with the procedures in place forlaid down by the Bureau, with a view to managing situations of conflict or harassment (psychological or sexual), including by responding promptly to any allegations of harassment. Members swhould have not already done so shall take part in specialised training organised for them by the European Parliament on preventing conflict and harassment in the workplace and on good office management. This training shall be completed within the first six months of the Member’s term of office save in duly substantiated exceptional cases. The Members’ certificates of completion of this training will be published on Parliament’s website.
Amendment 11 #
2024/2006(REG)
Parliament's Rules of Procedure
Annex II – point 5
Annex II – point 5
5. Where necessary, Members will cooperate promptly and fullyfully, in accordance with the procedures in place forlaid down by the Bureau, with a view to managing situations of conflict or harassment (psychological or sexual), including by responding promptly to any allegations of harassment. Members swhould have not already done so shall take part in specialised training organised for them by the European Parliament on preventing conflict and harassment in the workplace and on good office management. This training shall be completed within the first six months of the Member’s term of office save in duly substantiated exceptional cases. The Members’ certificates of completion of this training will be published on Parliament’s website.
Amendment 40 #
2023/2104(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that Treaty requirements together with political realities have led to ad hoc negotiated agreements on the composition of the European Parliament every mandate; observes that the reason for the politicisation is the aim of every Member State to minimise seat losses and maximise seat gains in absolute or relative terms; deplores, in this context, antagonistic voting in plenary, which the countries concerned see as a loss of appreciation and which could be instrumentalised at domestic level for nationalist debates; emphasises that in the last two decisions concerning the allocation of seats, seats were allocated that became available after the United Kingdom left the EU; highlights that, in the long-term, this strategy is not sustainable, given the Treaty limitation of a maximum of 751 seats and the potentially distortive effects of a political solution, rendering an agreement on an equitable allocation in the future more difficult;
Amendment 40 #
2023/2104(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that Treaty requirements together with political realities have led to ad hoc negotiated agreements on the composition of the European Parliament every mandate; observes that the reason for the politicisation is the aim of every Member State to minimise seat losses and maximise seat gains in absolute or relative terms; deplores, in this context, antagonistic voting in plenary, which the countries concerned see as a loss of appreciation and which could be instrumentalised at domestic level for nationalist debates; emphasises that in the last two decisions concerning the allocation of seats, seats were allocated that became available after the United Kingdom left the EU; highlights that, in the long-term, this strategy is not sustainable, given the Treaty limitation of a maximum of 751 seats and the potentially distortive effects of a political solution, rendering an agreement on an equitable allocation in the future more difficult;
Amendment 51 #
2023/2104(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that in choosing the most suitable formula, priority needs to be given to objective and evidence-based criteria and remains convinced that the calculation method and its underlying principles should be as simple as possible and easy for citizens to understand; further believes that changes to the relevant Treaty provisions can be considered;
Amendment 51 #
2023/2104(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that in choosing the most suitable formula, priority needs to be given to objective and evidence-based criteria and remains convinced that the calculation method and its underlying principles should be as simple as possible and easy for citizens to understand; further believes that changes to the relevant Treaty provisions can be considered;
Amendment 69 #
2023/2104(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that the method chosen should be understandable, avoiding a level of complexity that citizens cannot understand, or else a new kind of ‘democratic deficit’ could arise;
Amendment 69 #
2023/2104(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that the method chosen should be understandable, avoiding a level of complexity that citizens cannot understand, or else a new kind of ‘democratic deficit’ could arise;
Amendment 75 #
2023/2104(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that degressive proportionality is assessed on the basis of the representation ratio of the citizens of a given Member State, meaning the ratio of the population of a Member State relative to its number of seats before rounding; observes that degressive proportionality entails that the ratio varies for the various Member States; further notes that the larger the population, the higher the entitlement to a number of seats for a specific Member State, while the ratio population to MEP also increases; notes and accepts that degressive proportionality entails an underrepresentation of citizens from Member States with a larger population and an overrepresentation of citizens of Member States with a smaller population; recognises, however, that through rounding and with the distribution of the last seats in the system, smaller fractions can occur owing to the laws of mathematics; believes that this principle is justified given the current EU institutional framework;
Amendment 75 #
2023/2104(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that degressive proportionality is assessed on the basis of the representation ratio of the citizens of a given Member State, meaning the ratio of the population of a Member State relative to its number of seats before rounding; observes that degressive proportionality entails that the ratio varies for the various Member States; further notes that the larger the population, the higher the entitlement to a number of seats for a specific Member State, while the ratio population to MEP also increases; notes and accepts that degressive proportionality entails an underrepresentation of citizens from Member States with a larger population and an overrepresentation of citizens of Member States with a smaller population; recognises, however, that through rounding and with the distribution of the last seats in the system, smaller fractions can occur owing to the laws of mathematics; believes that this principle is justified given the current EU institutional framework;
Amendment 77 #
2023/2104(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that degressive proportionality is assessed on the basis of the representation ratio of the citizens of a given Member State, meaning the ratio of the population of a Member State relative to its number of seats before rounding; observes that degressive proportionality entails that the ratio varies for the various Member States; further notes that the larger the population, the higher the entitlement to a number of seats for a specific Member State, while the ratio population to MEP also increases; notes and accepts that degressive proportionality entails an underrepresentation of citizens from Member States with a larger population and an overrepresentation of citizens of Member States with a smaller population; believes that this principle is justified given the current EU institutional framework;
Amendment 77 #
2023/2104(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that degressive proportionality is assessed on the basis of the representation ratio of the citizens of a given Member State, meaning the ratio of the population of a Member State relative to its number of seats before rounding; observes that degressive proportionality entails that the ratio varies for the various Member States; further notes that the larger the population, the higher the entitlement to a number of seats for a specific Member State, while the ratio population to MEP also increases; notes and accepts that degressive proportionality entails an underrepresentation of citizens from Member States with a larger population and an overrepresentation of citizens of Member States with a smaller population; believes that this principle is justified given the current EU institutional framework;
Amendment 80 #
2023/2104(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is of the opinion that a permanent system based on a formula needs to be durable and therefore flexible enough to account for changes in population figures, for future enlargements and for possible changes of applicable legislative provisions, such as the electoral law or treaty changes; points out that when new countries have joined the EU in the past, the current upper limit of 751 members has been exceeded for a limited period of time;
Amendment 80 #
2023/2104(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is of the opinion that a permanent system based on a formula needs to be durable and therefore flexible enough to account for changes in population figures, for future enlargements and for possible changes of applicable legislative provisions, such as the electoral law or treaty changes; points out that when new countries have joined the EU in the past, the current upper limit of 751 members has been exceeded for a limited period of time;
Amendment 92 #
2023/2104(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Observes that previous recommendations for seat allocation comprised several elements; notes that these included a fixed base number of seats for all Member States and an allocation of remaining seats in proportion to respective population figures with a cap of 96 seats; stresses that these recommendations, such as the so-called ‘Cambridge Compromise’, have been criticised for not respecting Treaty criteria, such as degressive proportionality, in certain circumstances, and can only be understood by a minority of citizens;
Amendment 92 #
2023/2104(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Observes that previous recommendations for seat allocation comprised several elements; notes that these included a fixed base number of seats for all Member States and an allocation of remaining seats in proportion to respective population figures with a cap of 96 seats; stresses that these recommendations, such as the so-called ‘Cambridge Compromise’, have been criticised for not respecting Treaty criteria, such as degressive proportionality, in certain circumstances, and can only be understood by a minority of citizens;
Amendment 94 #
2023/2104(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 94 #
2023/2104(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 101 #
2023/2104(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the need for any method chosen to maintain the advantages of the known formulas, while minimising their disadvantages; points out that ‘base seat’ elements of the seat allocation system can be used to ensure the democratic representation of citizens from smaller Member States, while the proportional elements ensure that the larger a Member State’s population , the greater the number of seats allocated to it; highlights that seats allocated in proportion to the square root of the population of Member States contribute to ensuring that degressive proportionality is achieved and the citizens of small and medium-sized Member States are democratically represented; believes that the combination of these elements can be converted into a mathematical formula and used as the basis of the most suitable allocation system; believes that such allocation system should be proposed and adopted in the form of a political decisionpoints out that a fair method could also be to use the Council’s ‘double majority’ principle as a key element for a formula for Parliament;
Amendment 101 #
2023/2104(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the need for any method chosen to maintain the advantages of the known formulas, while minimising their disadvantages; points out that ‘base seat’ elements of the seat allocation system can be used to ensure the democratic representation of citizens from smaller Member States, while the proportional elements ensure that the larger a Member State’s population , the greater the number of seats allocated to it; highlights that seats allocated in proportion to the square root of the population of Member States contribute to ensuring that degressive proportionality is achieved and the citizens of small and medium-sized Member States are democratically represented; believes that the combination of these elements can be converted into a mathematical formula and used as the basis of the most suitable allocation system; believes that such allocation system should be proposed and adopted in the form of a political decisionpoints out that a fair method could also be to use the Council’s ‘double majority’ principle as a key element for a formula for Parliament;
Amendment 9 #
2023/2083(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas special legislative procedures are procedures that either reduce or weaken the role of the European Parliament as colegislator on an equal footing with the Council, and whereas the institutions must therefore restore a balance in that regard;
Amendment 10 #
2023/2083(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the different areas in which the special legislative procedure applies must be carefully examined, as must the different roles of the European Parliament, where consent is required or where it is merely consulted or where it acts instead as initiator of legislation (Statute for Members of the European Parliament, European electoral law, right of inquiry, Statute of the Ombudsman, etc.), bearing in mind that the special legislative procedure in the Treaties is used in certain more sensitive policy areas (such as the budget, international agreements, etc.);
Amendment 20 #
2023/2083(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls for the role of the European Parliament in these special legislative procedures to be strengthened accordingly in order to enable it to conduct serious negotiations with the Council;
Amendment 25 #
2023/2083(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Acknowledges that the rights of the institutions under the different procedures and the specific features of those procedures also afford each institution latitude - exercising latitude being part of the interinstitutional competitive process - and that that latitude may also be exercised to secure acceptance for political positions; stresses, however, that such latitude must also be seen to be exercised at all times as a measure of good faith to actually carry out the colegislation functions that have been conferred, that the dividing line between latitude and obstruction must not be crossed, and that, in cases of doubt, formal termination of a procedure is preferable to permanent non-acceptance;
Amendment 46 #
2023/2083(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recommends that, in accordance with the Interinstitutional Agreement on Better Law-Making (IIA), the legislative procedure resulting from the right of legislative initiative conferred on Parliament by the Treaties should include a request to establish a legislative timetable for the initiatives concerned along the lines of that for the ordinary legislative procedure; stresses further that such a special legislative procedure must comply with the IIA provisions on the institutional obligation on all three institutions to negotiate;
Amendment 47 #
2023/2083(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses that, as currently worded, the third paragraph of Article 226 TFEU, which stipulates a ‘special legislative procedure’ and requires Council and Commission consent for adoption of a regulation on Parliament’s right of inquiry, does not oblige the Council and the Commission to negotiate, since they are obliged only to give or withhold their consent to Parliament’s proposal, and not to negotiate with a view to reaching a common accord;
Amendment 75 #
2023/2083(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 81 #
2023/2083(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Reiterates that, should use be made of a special legislative procedure and should no agreement be reached within a reasonable period, the Commission would have to withdraw the legislative proposal concerned;
Amendment 96 #
2023/2083(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses that the time limits available to each institution for the different procedures - in primary law or through IIA arrangements - must also reflect the principle that the institutions are of equal standing;
Amendment 103 #
2023/2083(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Considers it necessary for all institutions to step up efforts to publish, as the product of the lawmaking process, texts whose content is consistent across all official languages and, in the interests of uniform application of the law throughout the Union, robustly interpretable and applicable for all responsible actors involved in implementing legislation, within the judiciary and within the executive at all levels;
Amendment 109 #
2023/2083(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Considers that the discontinuity principle within the legislative procedure fundamentally strengthens the Union’s colegislating institutions and significantly complements the institutions’ better- lawmaking efforts;
Amendment 114 #
2023/2083(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the political parties to ensure that their election programmes express their commitment to the proposal by Parliament for a new and updated regulation on its right of inquiry, and invites the various lead candidates to offer their public and political support on this matter;
Amendment 41 #
2023/0033(COD)
Proposal for a directive
Recital 3
Recital 3
(3) New and revised limit values should be set out in light of available information, including up-to-date scientific evidence and technical data, based on a thorough assessment of the socioeconomic and cultural impact and availability of exposure measurement protocols and techniques at the place of work.
Amendment 94 #
2023/0033(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) The central aim of this legislation is to ensure a comprehensive level of protection for workers and also to protect the cultural heritage of the European Union. Therefore, a sectoral exemption for the occupational substance lead should be introduced for activities, which are essential for cultural activities in Europe. It should be regularly reviewed whether these regulations are still necessary for the preservation of Europe's cultural heritage.
Amendment 138 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph -1 – point 4 (new)
Article 2 – paragraph -1 – point 4 (new)
Directive 2004/37/EC
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
(4) in Article 5, the following paragraph 4a is inserted: "4a. The limit values set out in Annex III for the occupational substance "inorganic lead and its compounds" and Annex IIIa for the occupational substance "lead and its ionic compounds" shall not apply to activities which, in accordance to Annex IIIb, are of substantial importance for the preservation of the cultural heritage and cultural diversity of the European Union."
Amendment 194 #
2023/0033(COD)
Proposal for a directive
Annex II – paragraph 1 a (new)
Annex II – paragraph 1 a (new)
Directive 2004/37/EG
Annex III
Annex III
Amendment 30 #
2022/2143(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, as a legal community, the EU is dependent on the effective and uniform application of its law by the Member States’ and the Union’s courts; whereas such effectiveness and uniformity can only be ensured if EU law takes precedence over national law; whereas the principle of primacy therefore constitutes a cornerstone of the EU’s legal order, which is essential for the EU’s functioning;
Amendment 33 #
2022/2143(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the primacy of EU law is intrinsically linked to the principle of equality before the law, as it guarantees equal protection of the rights conferred by EU law to all EU citizens;
Amendment 44 #
2022/2143(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 50 #
2022/2143(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the continuous dialogue between the Court of Justice of the European Union and national supreme and constitutional courts regarding the interpretation of this principle results from tensions between the EU and national legal orders, namely regarding the division of competences between the two constitutional spheres and who has the ultimate authority to define whether something falls under the scope of powers conferred by the Member States to the EU;
Amendment 71 #
2022/2143(INI)
Motion for a resolution
Recital F
Recital F
F. whereas several national constitutional courts have nevertheless defended the existence of certain limits to the principle of primacy related to Articles 4(2) and 5 TEU; whereas these reservations mostly concern respect for EU competences and the national constitutional identity;
Amendment 79 #
2022/2143(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the principle of primacy does not imply a hierarchy between the legal orders of the EU and the Member States, but rather requires that, in the event of conflicting provisions of EU and national law, national courts must disapply those national provisions, EU law prevails and that national courts must interpret their national law in conformity with EU law; whereas a conflict between domestic law and EU legislation can finally be solved either by amending the domestic law or the respective EU law;
Amendment 142 #
2022/2143(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that it is up to the CJEU, given its exclusive competence to provide the definitive interpretation of EU law, to define the scope of the principle of primacy; notes that such a definition cannot, therefore, be left tounderlines that the application of Articles 4(2) and 5 TEU requires an active dialogue between the national courts onand the basis of their interpretation of EU lawCJEU; notes that the definition of the principle orf provisions of national lawimacy cannot, therefore, be left to the CJEU or national courts alone;
Amendment 157 #
2022/2143(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that a constructive dialogue between national constitutional courts and the CJEU is beneficial to the development of EU law as it can serve as a way of solving tensions between the European and national legal orders regarding the division of competences; stresses that such dialogue should be constructive and does not legitimise any disrespect for the decisions of the CJEU;
Amendment 181 #
2022/2143(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is of the opinion that the preliminary reference procedure constitutes a way to engage in a constructive judicial dialogue; emphasises that, since it ensures the uniform interpretation of EU law, it is a prerequisite for the consistency and autonomy of the EU’s legal order; recalls that, in certain cases, the CJEU has shown a willingness to change its reasoning in a second preliminary ruling requested by the same national constitutional court that had initiated the first preliminary reference, which demonstrates that this procedure provides for an effective dialogue between courts; considers that the escalation of conflicts by national constitutional or supreme courts might testify to a lack of investment in dialogue with the CJEU in the course of the proceedings;
Amendment 217 #
2022/2143(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Encourages the Commission to initiate infringement procedures under Article 258 TFEU where appropriate, in response to judgments of national constitutional courts that challenge the principle of primacy; underlines that such procedures provide the opportunity for supreme courts to engage in a judicial dialogue; stresses also the need to make clear to other national constitutional courts that there are consequences for failing to respect the principle of primacy;
Amendment 221 #
2022/2143(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 251 #
2022/2143(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recommends nevertheless that, in the event of a revision of the Treaties, the principle of primacy be codified; recalls that the precedence of EU law was explicitly laid down in the Constitutional Treaty; regrets the fact that this primacy clause was not included in the Treaty of Lisbon; underlines the legal effect of Declaration No 17 annexed to the Treaty of Lisbon, concerning primacy and its interpretation by the signatory states;
Amendment 344 #
2022/0196(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 624 #
2022/0196(COD)
Proposal for a regulation
Recital 43
Recital 43
Amendment 637 #
2022/0196(COD)
Proposal for a regulation
Recital 45
Recital 45
Amendment 2158 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 2167 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 2172 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 2180 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 7
Article 18 – paragraph 7
Amendment 2186 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 8
Article 18 – paragraph 8
Amendment 2202 #
2022/0196(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 2203 #
2022/0196(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 2214 #
2022/0196(COD)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Plant protection products may not be applied to bodies of water, with the exception of small bodies of water of minor importance for water management purposes, within 10 metres of the water body concerned, measured from the upper edge of the bank or, if there is no upper edge, from the mean water level line. By way of derogation from the first sentence, the minimum distance to be maintained shall be five metres if there is closed year- round vegetation cover. Tillage for vegetation renewal may be carried out once within five-year periods. The first five-year period shall start at XXX (to be inserted). If, when a given plant protection product is authorised, application-related provisions are laid down as regards greater distances or the plant protection equipment to be used, this shall be without prejudice to the obligation to comply with these provisions. The first to the fourth sentences shall not apply where a Member State has adopted or adopts provisions laying down different distances from bodies of water.
Amendment 2216 #
2022/0196(COD)
Proposal for a regulation
Article 19 – paragraph 1 b (new)
Article 19 – paragraph 1 b (new)
1b. The competent authority may authorise derogations from the first and second sentences of paragraph 1 in order to prevent significant agricultural, forestry-related or other economic harm or to protect native fauna and flora, in particular against invasive species.
Amendment 2266 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where certain categories of unmanned aircraft fulfil the criteria set out in paragraph 2, a Member State may exempt aAerial application by such unmanned aircraft from the prohibition laid down in Article 20(1) prior to any aerialwill not be prohibited for targeted application of plant protection products.
Amendment 2270 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 2291 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 40 supplementing this Regulation to specify precise criteria in relation to the factors set out in paragraph 2 once technical progress and scientific developments allow for the development of such precise criteriatechnical qualifications, use or training.
Amendment 2330 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where a purchaser is a legal person, a distributor may sell a plant protection product authorised for professional use to a representative of the purchaser of the plant protection product when that distributor has checked, at the time of purchase, that the representative is the holder of a training certificate for following courses for professional users issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).
Amendment 2335 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 2344 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. Each distributor shall ensure that it has sufficient staff that hold a training certificate for following courses for distributors issued in accordance with Article 25 orand has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5) available at the time of sale to provide adequate responses to purchasers of plant protection products at the moment of sale on their use, related health and environmental risksthe necessary knowledge of the health and environmental risks relating to storage and handling and of the appropriate safety instructions to manage those risks.
Amendment 2348 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 2375 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Each Member State shall designate a competent authority or authorities responsible for the implementation of the system for the training and certification of all training referred to in paragraph 1 and, for issuing and renewing training certificates, updating the central electronic register, providing proof of entry in the central electronic register andand for overseeing that the tasks referred to in paragraph 1 are carried out by the body that provided the training.
Amendment 2384 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 4 – point b
Article 25 – paragraph 4 – point b
Amendment 2393 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 4 – point f
Article 25 – paragraph 4 – point f
Amendment 2422 #
Amendment 2423 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Each Member State shall designate a competent authority to establish, oversee and monitor the operation of a system of independenexpert advisors for professional users. That system may make use of the impartial farm advisors referred to in Article 15 of Regulation (EU) No 2021/2115, who must be regularly trained and can be funded under Article 78 of the same regulationshall comprise advisors trained in accordance with Article 25.
Amendment 2426 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 2433 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 2440 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
Amendment 2523 #
2022/0196(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 2613 #
2022/0196(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 2614 #
2022/0196(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 2648 #
2022/0196(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Using the methodology set out in Annex I, the Commission shall calculate the results of progress towards achieving the two... Union reduction and two national 2030 reduction targets annually until and including 2030... [OP: please insert the dates – 10 years after the date of application of this Regulation] corridor targets annually until and including ... [OP: please insert the date – 10 years after the date of application of this Regulation] and publish those results on the website referred to in Article 7.
Amendment 2662 #
2022/0196(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending this Article and Annex VI in order to take into account technical progress, including progress in the availability of statistical data, and scientific and agronomic developments. Such delegated acts may modify the existing harmonised risk indicators or provide for new harmonised risk indicators, which may take into account Member States’ progress towards achieving the target of having 25% of their utilised agricultural area devoted to organic farming by 2030 as referred to in Article 8(1), point (d).
Amendment 2676 #
2022/0196(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Each Member State shall evaluate the results of each calculation of (a) progress towards achieving each of the two national 2030 reduction... [OP: please insert the date – 10 years after the date of application of this Regulation] corridor targets as referred to in Article 34 and (b) harmonised risk indicators at Member State level, as referred to in Article 35, each time the calculations are performed.
Amendment 138 #
2022/0104(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69 . Addressing pollution from certain agro- industrial activities thus requires their inclusion within the scope of that Directive. __________________ 69 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control); OJ L 334, 17.12.2010, p. 17-119.
Amendment 160 #
2022/0104(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Rearing of pigs, poultry and cattle cause significant, while contributing to food security, cause pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density, design like free- ventilated stables, trade-offs with animal welfare and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices.
Amendment 279 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/75/EU
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions and pollution;;
Amendment 338 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 b
Article 3 – paragraph 1 – point 23 b
Amendment 602 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..
Amendment 1272 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – title
Article 70c – title
Permits and simplified registration
Amendment 1285 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point a
Article 70c – paragraph 2 – subparagraph 1 – point a
(a) the installationfarm, its building and its activities
Amendment 1288 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point c
Article 70c – paragraph 2 – subparagraph 1 – point c
(c) the capacity of the installationbuilding where the rearing takes place;
Amendment 1292 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
(d) the sources of emissions from the installationbuilding where the rearing takes place;
Amendment 1319 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – number
Article 70d – number
Amendment 1322 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 1 – subparagraph 1
Article 70d – paragraph 1 – subparagraph 1
Amendment 1323 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 1– subparagraph 2
Article 70d – paragraph 1– subparagraph 2
Amendment 1392 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – introductory part
Article 70i – paragraph 1 – subparagraph 1 – introductory part
The Commission shall establish operating rules containing requirements consistent with the use of best available techniques for the activities listed in Annex Ireferred to in Article 70a, which shall include the following:
Amendment 1581 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Directive 2010/75/EU
Annex Ia
Annex Ia
Amendment 1652 #
2022/0104(COD)
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – number
Annex Ia – number
Amendment 1678 #
2022/0104(COD)
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2
Annex Ia – paragraph 2
Amendment 21 #
2021/2229(INL)
Paragraph 1
1. Notes that the current allocation of seats in the European Parliament as established in European Council Decision 2018/937/EU only applies to the 2019- 2024 parliamentary term; stresses, therefore, that a new decision on the composition of the European Parliament for the 2024-2029 parliamentary term is required without delay;
Amendment 36 #
2021/2229(INL)
Paragraph 5 a (new)
5 a. Underlines that Parliament, in previous resolutions, and the European Council, in its Decision 2013/312/EU establishing the composition of the European Parliament, undertook to establish a system which in the future will make it possible, before each fresh election to the European Parliament, to allocate seats between Member States in an objective, fair, durable and transparent way, based on the principle of degressive proportionality as laid down in Article 1 of that Decision, taking account of any change in their number and demographic trends in their population; stresses that Parliament, in previous resolutions, also considered the possibility of introducing transnational lists; stresses that Parliament’s initiative to establish such a system should be submitted before the end of the current parliamentary term in order for the system to be applied first in 2029;
Amendment 41 #
2021/2229(INL)
Paragraph 6
6. Adopts and submits to the European Council the annexed proposal for a decision of the European Council establishing the composition of the European Parliament, on the basis of its right of initiative laid down in Article 14(2) TEU; reminds that the Parliament will need to give its consent to the decision, therefore requests to be immediately informed if and how the European Council intends to deviate from the submitted proposal; underlines the urgent need to adopt the decision so that the Member States can enact, in good time, the necessary domestic provisions to enable them to organise the elections to the European Parliament for the 2024-2029 parliamentary term; commits therefore in the spirit of mutual sincere cooperation, to proceed swiftly with the consent procedure;
Amendment 45 #
2021/2229(INL)
Annex to the motion for a legislative resolution
Recital 4
Amendment 54 #
2021/2229(INL)
Annex to the motion for a legislative resolution
Article 3 – paragraph 1
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 21 Bulgaria 176 Czech Republic 21 Denmark 154 Germany 96 Estonia 7 Ireland 14 Greece 21 Spain 61 France 79 Croatia 12 Italy 76 Cyprus 6 Latvia 98 Lithuania 110 Luxembourg 6 Hungary 210 Malta 6 Netherlands 310 Austria 2019 Poland 52 Portugal 21 Romania 332 Slovenia 98 Slovakia 154 Finland 154 Sweden 21
Amendment 60 #
2021/2229(INL)
Annex to the motion for a legislative resolution
Article 3 – paragraph 2
resolution 2. In addition, to the number of Members of the European Parliament elected in each Member State, set in Article 3(1), and subject to the entry into force of Council Regulation (xx/yy) on the election of the members of the European Parliament by direct universal suffrage, repealing Council Decision (76/787/ECSC, EEC, Euratom) and the Act concerning the election of the members of the European Parliament by direct universal suffrage annexed to that Decision, in the first elections following that event providing for a Union-wide constituency, 28 representatives in the European Parliament are elected in a Union-wide constituency in the first elections following that event, as provided for in that Regulation.
Amendment 75 #
2021/2166(INI)
Draft opinion
Paragraph 11b (new)
Paragraph 11b (new)
11b (new) Classifies uniform linguistic versions in the official EU languages as a crucial prerequisite for the submission of a reliable interpretation of existing regulations by courts and authorities and thus as one of the most important contributions to the unitary exertion of European Union Law; calls on the institutions to substantially meet these requirements in the course of future law-making.
Amendment 22 #
2021/2048(REG)
Parliament's Rules of Procedure
Rule 213 – paragraph 1
Rule 213 – paragraph 1
1. At the first committee meeting after the appointment of committee members pursuant to Rule 209, and again two and a half years thereafter, the committee shall elect a bureau consisting of a Chair and of Vice-Chairs from among its full members in separate ballots. The number of Vice- Chairs to be elected shall be determined by Parliament upon a proposal by the Conference of Presidents. The diversity of Parliament must be reflected in the composition of the bureau of each committee; it shall not be permissible to have an all male or all female bureau or for all of the Vice-Chaibureau members to come from the same Member State.
Amendment 7 #
2021/2025(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s first ever Rule of Law Report as a positive addition to the EU’s toolbox to prevent and address rule of law issues in Member States, while considering that further improvements are needed;
Amendment 12 #
2021/2025(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Commission’s report iwas a response to the Council’s failure to trigger the procedure under Article 7(1) of the Treaty on European Union (TEU), as requested by the Commission in 2017 and Parliament in 2018; regrets that the Council has failed to resume hearings under Article 7 of the TEU since December 2019; notes that the failure to apply Article 7 of the TEU, also due to the requirement of unanimity for the sanctions mechanism, enables continued divergence from the values enshrined in Article 2 of the TEUcommitment made by President Von Der Leyen in her political guidelines for the 2019-2024 Commission, ahead of her election;
Amendment 18 #
2021/2025(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets the Council’s failure to move further the procedure under Article 7(1) TEU, as requested by the Commission in 2017 and the Parliament in 2018; underlines, in the strongest terms, that only qualified majority is required to determine that there is a clear risk of a serious breach by a Member State of the values referred to in Article 2; regrets that the Council has failed to resume hearings under Article 7 TEU since December 2019; notes with concern that the failure to progress in Article 7 TEU procedure enables continued divergence from the values enshrined in Article 2TEU; urges the Portuguese presidency of the Council to take the appropriate steps in order to move further the procedure under Article7(1) TEU;
Amendment 22 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the report fails to fully address all Union values set out in Article 2 of the TEU, such as democracy and fundamental rightsConsiders the scope of the report can be broadened and fine-tuned as requested by the EP; reiterates the need to have a single monitoring system for democracy, the rule of law and fundamental rights, as proposed by Parliament1 ; calls again on the Council and the Commission to engage in discussions to set up such a mechanism via an interinstitutional agreement; _________________ 1European Parliament resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (texts adopted, P9_TA(2020)0251).
Amendment 29 #
2021/2025(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the methodology of the report, which focuses on four pillars: independence of the judiciary, the anti- corruption framework, media pluralism, and checks and balances; invites the Commission to in the next editions broaden the scope of the report, or at least of its first pillar and to include in the next editions an assessment of how the right to a fair trial is guaranteed in Member States, with particular attention paid to the right of defence, andthe equality between prosecution and defence parties and the length of trials; believes that the report should go beyond monitoring and include preventive and corrective elements with a clear outline of enforcement measures;
Amendment 44 #
2021/2025(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to use all tools at its disposal to counter violations of EU values, such as infringement procedures, including expedited procedures, actions to ensure compliance with the judgments of the Court of Justice and applications for interim measures before the Court; welcomes the new rule of law conditionality mechanism and asks that it be fully enforced with regard to all EU funds, including Next Generation EU; reiterates it has entered into force and is binding in its entirety for all commitment appropriations and payment appropriations in all Member States and for the EU institutions; underlines the importance of the direct applicability of the Regulation since 1 January 2021, particularly in the context of the disbursement of the Next Generation EU funds which will occur early in the budget cycle;
Amendment 56 #
2021/2025(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights that the COVID-19 pandemic has had a deleterious impact on fundamental rights as well as on constitutional checks and balances; insists that any measures restricting the rights and freedoms of EU citizens should be transparent, proportional and temporary; calls on the Commission to furthercontinue analyseing measures taken in response to the COVID- 19 pandemic in its 2021 report.
Amendment 4 #
2021/2018(INI)
Motion for a resolution
Recital A
Recital A
Amendment 8 #
2021/2018(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas strong political parties and foundations at European level are essential for the development of a truly European public sphere;
Amendment 9 #
2021/2018(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas European political parties contribute to forming European political awareness and to expressing the will of citizens of the Union;
Amendment 10 #
2021/2018(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas alternative political positions of the parties are essential for the public discourse and for citizen´s choice;
Amendment 11 #
2021/2018(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
A d. whereas parties cannot be considered as non-partisan entities in the course of political competition and their financing cannot be reduced on apolitical expenses;
Amendment 12 #
2021/2018(INI)
Motion for a resolution
Recital A e (new)
Recital A e (new)
A e. whereas European political foundations have a mandate which encompasses raising political awareness for and contributing to the debate on European policy issues and on the process of European integration, and within this framework they develop also offerings that are not exclusively directed at the members or voters of a particular party, but are open to everyone on the same terms;
Amendment 14 #
2021/2018(INI)
Motion for a resolution
Recital B
Recital B
B. whereas European political parties and foundations should cooperate with their national member parties and partners, in order to support them in bringing the Union and its policies closer to the citizens;
Amendment 16 #
2021/2018(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas European political parties should cooperate with their corresponding national counterpart in order to facilitate interactive participation on European issues;
Amendment 18 #
2021/2018(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in order to continue to be aware of, and to give expression to and where appropriate to mould the will of Union citizens, it is essential that the role and functioning of European political parties and foundations are not limited concerning issues of exclusively European relevance at Union level; whereas those European political parties and foundations should be allowed to use their funds accordingly;
Amendment 53 #
2021/2018(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the need to make the definition of indirect funding from European political parties and foundations to national counterparts and members more precise in order to avoid hampering their required cooperation in promoting and explaining European policies, as well as their engagement with European´s citizens;
Amendment 58 #
2021/2018(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 63 #
2021/2018(INI)
Motion for a resolution
Paragraph 11 – subparagraph 1 (new)
Paragraph 11 – subparagraph 1 (new)
Regrets the narrow interpretation, established by the case-law, of the definition of members of a European political party or foundation and insists on allowing the affiliation of members from candidate countries for accession to the Union, from the European Economic Area and the European Free Trade Association, from EU neighbourhood countries, and from former Member States, from which membership fees and contributions from members of the European political foundations might be legally collected;
Amendment 74 #
2021/2018(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that a clear set of rules and conditions should be established for the joint organisation and co-financing of activities concerning European issues by European political parties and foundations and national member parties, as well as underlining the ability of European political foundations to invite politically active representatives and staffers of political parties to their events;
Amendment 90 #
2021/2018(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 99 #
2021/2018(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Supports the creation of further categories of revenue, in order to cover all sources of income of political parties and political foundations rather than just contributions and donations, for example "other own ressources" which includes contributions from joint activities, conference fees, sales of publications, participation fees or similar circumstances and other activities;
Amendment 114 #
2021/2018(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Is of the opinion that the introduction of a general obligation to report publicly on any donation received regardless of its value would make any external influences on European political parties more transparentstrengthened scrutiny by the Authority of reported aggregate donations over 3000 € would make substantial / significant external influences on European political parties more transparent; the Authority should focus such scrutiny to cases where it observes significant and sudden increases in the aggregate number of small donations;
Amendment 122 #
2021/2018(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Is, moreover, of the opinion that in order to strengthen the transparency of funding, donations by the same donor to a European political party, its national member parties and their regional substructures should be considered to be a single donation and subject to publication by the European political party; the reporting threshold a single donation could be set at 10 000 €;
Amendment 123 #
2021/2018(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Is furthermore of the opinion that suitable instruments must be in place by the financial year 2027 at the latest to ensure that donations are not made to legally independent entities which are part of the same European political party in order to circumvent transparency rules, which in their entirety would otherwise exceed the transparency limits;
Amendment 124 #
2021/2018(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Advocates to ensure that, by the calendar year 2027, any donation made by a donor to a European political party is equal under tax law as donations made to national political parties at the donor´s respective place of residence;
Amendment 133 #
2021/2018(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Is of the opinion that the rules on eligibility of expenditure are too narrow and that European political parties and foundations should be allowed to finance any activity which contributes to increasing European political awareness and giving expression to the will of Union citizens;
Amendment 152 #
2021/2018(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Is of the opinion that the hybrid status of the Authority should be clarified and a possibility to appeal the Authority´s decisions should be provided: given that under the current regulation, the only way of appealing is before the Court of Justice of the European Union;
Amendment 1642 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 9/23
Annex 1 – part 9/23
Add the following to the comprehensive network: - Colmar - Freiburg rail passengers line
Amendment 1643 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 9/23
Annex 1 – part 9/23
Add the following to the comprehensive network: - Haguenau - Roeschwoog - Rastatt rail passengers line
Amendment 1649 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 12/23
Annex 1 – part 12/23
Add the following to the comprehensive network: - Colmar-Freiburg rail passenger line (conventional/new construction)
Amendment 1650 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 12/23
Annex 1 – part 12/23
Add the following to the comprehensive network: - Rastatt-Hagenau rail passenger line (conventional/new construction)
Amendment 1674 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 13/23
Annex 1 – part 13/23
Add the following to the comprehensive network: - Colmar-Freiburg rail passenger line (conventional/new construction)
Amendment 1676 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 13/23
Annex 1 – part 13/23
Add the following to the comprehensive network: - Rastatt-Hagenau rail passenger line (conventional/new construction)
Amendment 111 #
2021/0375(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to enhance cooperation with long-standing members sharing EU values, contributions from member parties or organisations having their seat in a country outside the Union but in the Council of Europe or a candidate country, should be allowed. However, such contributions should be subject to a cap in relation to total contribution, to limit the risk of foreign interference.
Amendment 114 #
2021/0375(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Regulation (EU, Euratom) No 1141/2014 acknowledges only two categories of revenues for European political parties and foundations apart from contributions from the budget of the European Union, namely contributions from members and donations. A number of revenue sources generated from own economic activities (such as sales of publications or conference fees) fall outside the scope of these two categories, creating accounting and transparency problems. A third category of revenues (‘ancillary own resources’) should therefore be created. The proportion of own resources in the total budget of a European political party or foundations should be capped at 510% to avoid that it becomes overdimensioned in relation to the overall budget of these entities.
Amendment 120 #
2021/0375(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) European political parties should not fund, directly or indirectly, other political parties and, in particular, national partiesand foundations should not use the funding received from the general budget of the European Union for the direct or caindidates. European political foundations should not fund, directly or indirectly, European or national politicalrect funding of other political parties and, in particular, national, parties or candidates. The prohibition of indirect funding should however not prevent European political parties or political foundations from publicly supporting and engaging with their member parties or member organisations in the Union on issues of relevance for the Union, or tofrom supporting political activities in the common interest, or from engaging in educational activities, in order to be able to fulfil their mission under Article 10(4) TEU and act to reinforce the existence of the European demos. The prohibition of indirect funding should not prevent the participation of either representatives and staffers of political parties, nor of potentially politically active persons in events of European political foundations. However, European political foundations may not engage in training of political candidates in the 6 months before national or European elections. Moreover, European political parties and their affiliated European political foundations should only finance activities in the context of national referendum campaigns when they concern the implementation of the TEU and the TFEU issues directly related to the European Union. These principles reflect Declaration No 11 on Article 191 of the Treaty establishing the European Community annexed to the Final Act of the Treaty of Nice.
Amendment 126 #
2021/0375(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) It is necessary to provide for a clear, dissuasive and proportionate system of sanctions in order to ensure effective, proportionate and uniform compliance with the obligations regarding the activities of European political parties and European political foundations. Such a system should also respect the ne bis in idem principle whereby sanctions cannot be imposed twice for the same offence. It is also necessary to define the respective roles of the Authority and of the Authorising Officer of the European Parliament in controlling and verifying compliance with this Regulation as well as the mechanisms for cooperation between them and the Member States' authorities. It is also necessary to define a structured appeal process that enables European political parties and political foundations to appeal any sanctions or decisions taken by the Authority that they may feel is unjust.
Amendment 142 #
2021/0375(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) 'donation' means any cash offering or by bank transfer, any offering in kind, the provision below market value of any goods, services (including loans) or works, and any other transaction which constitutes an economic advantage for the European political party or the European political foundation concerned, with the exception of contributions from members, association fees, ancillary own resources and usual political activities carried out on a voluntary basis by individuals;
Amendment 143 #
2021/0375(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point i (new)
Article 2 – paragraph 1 – point 8 – point i (new)
i) "association fees" means payments by bank transfer, when provided to the European political party or to the European political foundation by a party or organisation associated to it and having its seat outside the EU but within the limits set out in this regulation
Amendment 144 #
2021/0375(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘ancillary own resources’ means income generated by own economic activities, such as conference fees and sales of publicatributions from joint activities, sales of publications, participation fees for conferences or workshops or other activities directly linked to political actions;
Amendment 147 #
2021/0375(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘indirect funding’ means funding from which the member party derives a financial advantage, even where no funds are directly transferred; this should include cases which allow the member party to avoid expenditure which it would otherwise have had to incur for activities, other than political activities injoint events co-financed to the extent they common interestncern issues of relevance for the Union´s fields of activities, organised for its own and sole benefit;
Amendment 152 #
2021/0375(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) its member parties are not members of another European political party;, and their political programme and activities are consistent with the provisions of the political alliance’s political programme as included in its statutes in accordance with Article 4 (1) (c)
Amendment 157 #
2021/0375(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) it also ensures that its member parties having their seat in the Union observe the values expressed in Article 2 TEU and that its members well as that parties having their seat outside the Union and that pay association fees observe equivalent values. It provides a written declaration using the template in Annex I;
Amendment 161 #
2021/0375(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) it also ensures that its member organisations having their seat in the Union observe the values expressed in Article 2 TEU and that its members well as that organisations having their seat outside the Union and that pay association fees observe equivalent values. It provides a written declaration using the template in Annex I;
Amendment 164 #
2021/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) a requirement that member parties display the European political party’s logo in a clearly visible and user-friendly manner, specifying that it is to be located in the top section of the front page of the member party’s website and in an equally visible manner as the member party’s own logo;
Amendment 171 #
2021/0375(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Each European political party shall transmit within five working days of the first dissemination to the Authority information concerning each political advertisement that it sponsors or publishes directly to enable the wider context of the political advertisement and its aims to be understood by citizens. That information shall include at least the information listed in point 1 of Annex II. The information shall be provided to the Authority in a form which is easily accessible and using plain language.
Amendment 173 #
2021/0375(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Authority shall immediately publish the information referred to in paragraph 2 in the repository provided for in Article 8. The information shall be presented in a form which is easily accessible, clearly visible and user friendly, and using plain language without undue delay.
Amendment 185 #
2021/0375(COD)
Proposal for a regulation
Article 11 – paragraph 3 – introductory part
Article 11 – paragraph 3 – introductory part
3. 1 The European Parliament, acting on its own initiative or following a reasoned request from a group of citizens, submitted in accordance with the relevant provisions of its Rules of Procedure, or the Council or the Commission may lodge with the Authority a request for verification of compliance by a specific European political party or European political foundation with the conditions laid down in Article 3(1), point (d), and Article 3(2), point (c) . In such cases, and in the casIn case of non-compliance with Article 3(1), points (a) to (g), Article 3(2), points (a), (b) to (g) or the governance provisions mentioned in paragraph 1, the Authority shall give the European political party or European political foundation concerned the opportunity to introduce the measures referquired to in Article 19(3), point (a), the Authority shall ask the committee of independent eminent persons referred to in Article 14 for an opinion on the subject. The committee shall give its opinion within two monthsremedy the situation within the time limit provided for by paragraph 2.
Amendment 194 #
2021/0375(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. If tThe Authority ishall be informed of any decision of a national supervisory authority within the meaning of Article 4, point (21), of Regulation (EU) 2016/679 finding that a natural or legal person has infringed applicable rules on the protection of personal data, and i. If it follows from that decision, or if there are otherwise reasonable grounds to believe, that the infringement is linked to political activities by a European political party or a European political foundation in the context of elections to the European Parliament, the Authority shall refer this matter to the committee of independent eminent persons referred to in Article 14 of this Regulation. The Authority may, if necessary, liaise with the national supervisory authority concerned.
Amendment 196 #
2021/0375(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
The Authority shall annually prepare and publish a report on the political advertising activity of European political parties. This report shall include a factual summary of the reports for the relevant reporting year published by European political parties according to Article 5(4), as well as any decisions of the national regulatory authorities designated under Article 5(6) or of the supervisory authorities referred to in Article 5(7) finding that a European political party has violated Article 5 of this Regulation.
Amendment 208 #
2021/0375(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Authority shall fix the date of the publication refdecision on the removal shall be addressed and notified to the European political party or European political foundation concerrned to in paragraph 1 after consultation with the Member State in which the European polit. The decision shall be published in the Official Journal of the European Union. It shall take effect upon notification and in any event at the latest by the time of its publication in the Official party or European political foundation has its seatJournal of the European Union.
Amendment 225 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Donations received by European political parties and European political foundations and expenditure funded from those donations within six months prior to elections to the European Parliament shall be reported on a weekly basis to the Authority in writing and in accordance with paragraph 2.
Amendment 231 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 6 – point c
Article 23 – paragraph 6 – point c
(c) donations from any public authority from a Member State or a third countryfrom outside the Union, or from any undertaking over which such a public authority may exercise, directly or indirectly, a dominant influence by virtue of its ownership of it, its financial participation therein, or the rules which govern it; or
Amendment 233 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 6 – point d
Article 23 – paragraph 6 – point d
(d) donations from any private entities based in a third countryoutside the Union or from individuals from a third countryoutside the Union who are not entitled to vote in elections to the European Parliament.
Amendment 234 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 8
Article 23 – paragraph 8
8. The Authority shall carry out verificationcontrols where it has grounds to believe that any donation has been granted in breach of this Regulation. It may for that purpose request additional information from the European political party or European political foundation and its donors.
Amendment 236 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 9
Article 23 – paragraph 9
9. Contributions from members of a European political party that have their seat in, or are citizens of, a Member State or from member parties that have their seat in a country belonging to the Council of Europe shall be permitted. The total value of contributions from members shall not exceed 40 % of the annual budget of a European political party. The value of contributions from member parties that have their seat in a country outside the Union shall not exceed 10% of the total contributions from membersshall be permitted. The total value of contributions from members shall not exceed 40 % of the annual budget of a European political party.
Amendment 242 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 9 a (new)
Article 23 – paragraph 9 a (new)
9a. Association fees from political parties that have their seat outside the Union but in a country belonging to the Council of Europe shall be permitted, under condition that the respective country has full voting rights in the Council of Europe. The value of association fees from such parties that have their seat in a country outside the Union shall not exceed 20% of the total contributions from members.
Amendment 248 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 13
Article 23 – paragraph 13
13. The value of ancillary own resources of a European political party or of a European political foundation generated from own economic activities shall not exceed 510% of the annual budget of that European political party or European political foundation.
Amendment 259 #
2021/0375(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The funding of European political foundations from the general budget of the European Union or from any other source shall not be used for any other purpose than for financing their tasks as listed in Article 2, point (4), and to meet expenditure directly linked to the objectives set out in their statutes in accordance with Article 6. It shall in particular not be used for the direct or indirect funding of elections, political parties, or candidates in the six months before national or European elections or other foundations.
Amendment 262 #
2021/0375(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. At the latest within six months following the end of the financial year, European political parties and European political foundations shall submit to the Authority, with a copy to the Authorising Officer of the European Parliament with a copy to the Authority and to the competent National Contact Point of the Member State of their seat in an open, machine readable format:
Amendment 264 #
2021/0375(COD)
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1
Article 27 – paragraph 2 – subparagraph 1
The Authorising Officer of the European Parliament shall control compliance by European political parties and European political foundations with the obligations relating to Union funding under this Regulation in accordance withand under Regulation (EU, Euratom) 2018/1046 . In carrying out such controls, the European Parliament shall take the necessary measures in the fields of the prevention of and the fight against fraud affecting the financial interests of the Union.
Amendment 270 #
2021/0375(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. The Authorising Officer of the European Parliament shall inform the Authority of any findings which might give rise to the imposition of sanctions under Article 30(2) to (4), with a view to allowing the Authority to take appropriate measures. The Authority shall make a decision on the imposition of sanctions within [6 months].
Amendment 271 #
2021/0375(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. With a view to fully comply with the obligations referred to in Article 38, bBefore the Authority’s final decision relating to any of the sanctions referred to in Article 30, the Authority or the Authorising Officer of the European Parliament shall give the European political party or the European political foundation concerned an opportunity to introduce the measures required to remedy the situation within a reasonable period of time, which shall not normally exceed one month. In particular, the Authority or the Authorising Officer of the European Parliament shall allow the possibility of correcting clerical and arithmetical errors, providing additional documents or information where necessary or correcting minor mistakes.
Amendment 273 #
2021/0375(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Where a European political party or a European political foundation has failed to take sufficient corrective measures within the period of time referred to in paragraph 1, the appropriate sanctions referred to in Article 30 shall be decided.
Amendment 274 #
2021/0375(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Where a European political party or a European political foundation has failed to take sufficient corrective measures within the period of time referred to in paragraph 1, the appropriate sanctions referred to in Article 30 shall be decided.
Amendment 279 #
2021/0375(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point g – point i (new)
Article 36 – paragraph 1 – point g – point i (new)
i) the ancillary own resources referred to in Article 23(13) and reported by European political parties and European political foundations in accordance with Article 23(2), including the identity of the person or entity which made those payments
Amendment 280 #
2021/0375(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point g – point ii (new)
Article 36 – paragraph 1 – point g – point ii (new)
ii) the association fees referred to in Article 23(9a) and (10a) and reported by European political parties and European political foundations in accordance with Article 23 (2), including the identity of the parties or organisations which made those payments;
Amendment 281 #
2021/0375(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The Authority, the European Parliament and the committee of independent eminent persons referred to in Article 14 shall ensure that personal data collected by them pursuant to this Regulation are not used for any purpose other than to ensure the legality, regularity and transparency of the funding of European political parties and European political foundations and the membership of European political parties. They shall erase all personal data collected for that purpose at the latest 24 months after the publication of the relevant parts in accordance with Article 36 has ceased.
Amendment 288 #
2021/0375(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
Regulation (EU, Euratom) No 1141/2014 is repealed. Any procedural steps and decisions previously taken by an Institution, the Authorising Officer of the European Parliament or the Authority in accordance with, or on the basis of, Regulation (EU, Euratom) No 1141/2014 shall remain applicable and be construed in light of this Regulation.
Amendment 11 #
2020/2272(ACI)
Proposal for a decision
Paragraph 2
Paragraph 2
2. Insists that, in line with the political statement, the institutions commit to a coordinated approach on reinforcing the common transparency culture with the view to improving and further strengthening ethical interest representation; highlights their obligation under the Agreement, and in accordance with Article 13(2) TEU, to practise mutual sincere cooperation when developing the scheme and that the institutions should therefore aim for the highest level of commitment; insistreminds that the measures referred to in the Aagreement represent athe minimum for which should be expanded further; there is political support given the existing constitutional and legal limitations;
Amendment 19 #
2020/2272(ACI)
Proposal for a decision
Paragraph 5
Paragraph 5
5. Welcomes the commitments made by Parliament in the negotiation process on conditionality and complementary transparency measures; considers that the modification of Rules 11 and 35 of its Rules of Procedure have provided a strong impetuscommitment in that regard; welcomes the fact that the Agreement preserves the constitutional right of the Members to exercise their mandate freely;
Amendment 22 #
2020/2272(ACI)
Proposal for a decision
Paragraph 9
Paragraph 9
9. Is of the opinion that the implementation of the conditionality measures and other complementary transparency measures through individual decisions is not only a way to respect the respective internal organisational powers of the three signatory institutions but that it offers also an opportunity to increase the level of commitment of the respective institutions with regard to the scheme throughout the implementation period; welcomes in that regard the fact that the annual report has been expanded to cover the implementation of such measures adopted by the signatory institutions;
Amendment 30 #
2020/2272(ACI)
Proposal for a decision
Paragraph 13
Paragraph 13
13. Insists on the need to ensure that, within Parliament, there is a high degree of political ownership of the implementation and review process; proposes therefore that a monitoring group is established within the Committee on Constitutional Affairs; suggests that the review process provided for in Article 14 of the Agreement should be informed and shaped in close cooperation with EP Vice- President responsible for Transparency;
Amendment 48 #
2020/2272(ACI)
Proposal for a decision
Paragraph 15
Paragraph 15
15. Calls on the Committee on Constitutional Affairs to consider, Underlines the importance of political ownership guaranteeing the pbrocess of revision of the EP Rules of Procedure, further transparency measures which should be introduced in order to enhance Parliaad consensus necessary to go beyond the current proposals, especially in view of the formal requirement’s commitment to the joint schemthat apply to any revision of the Rules of Procedure;
Amendment 76 #
2020/2220(INL)
Motion for a resolution
Recital S a (new)
Recital S a (new)
Sa. whereas in certain Member States the ballot papers containing the list of candidates for the elections to the European Parliament may be misleading, since political parties or coalitions are allowed in certain territories within a single national constituency to indicate on the ballot paper only the names of certain candidates and alternates and to indicate a name, acronym or symbol other than that of the political party or coalition; whereas this situation is contrary to the most elementary requirements of transparency and democracy in elections;
Amendment 230 #
2020/2220(INL)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that ballot papers containing the list of candidates for the elections to the European Parliament must not under any circumstances be misleading or deceptive as to the candidate actually voted for; rejects allowing political parties or coalitions in certain areas within a single national constituency to indicate on the ballot paper only the names of certain candidates and substitutes, or to indicate a name, acronym or symbol other than that of the political party or coalition; proposes that the ballot paper for each candidate may not be different within the same national constituency;
Amendment 527 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 19
Annex to the motion for a resolution – Article 15 – paragraph 19
19. Campaigning for the Union-wide constituency shall start eight weeks before Election day. No electoral campaigning shall be allowed on Election day.
Amendment 530 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 21
Annex to the motion for a resolution – Article 15 – paragraph 21
21. Member States shall forward the electoral results obtained by each list of candidates to the European Electoral Authority. The European Electoral Authority shall aggregate the national results and proclaim the candidates elected as members of the European Parliament after apportionings well as the sleats in accordance to the D´Hondt method, as stated in paragraph 22d candidate whose list has received the most votes.
Amendment 594 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 17 – paragraph 2 – subparagraph 1 a (new)
Annex to the motion for a resolution – Article 17 – paragraph 2 – subparagraph 1 a (new)
The ballot papers for each candidacy may not be different within the same national constituency.
Amendment 595 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 17 – paragraph 2 – subparagraph 1 b (new)
Annex to the motion for a resolution – Article 17 – paragraph 2 – subparagraph 1 b (new)
The ballot papers of electoral coalitions shall contain the following information: the name, acronym and symbol of the coalition presenting the candidacy and the complete list of the names of the candidates and alternates, in the order in which they are to be placed.
Amendment 1 #
2020/2133(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to the Treaty on European Union (TEU), in particular Articles 9 and 10, 15(3)3, 14, 15,16 and 17(3) thereof,
Amendment 2 #
2020/2133(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the special report 13/2019 of the European Court of Auditors on the ethical frameworks of the audited EU institutions
Amendment 5 #
2020/2133(INI)
Motion for a resolution
Citation 13
Citation 13
— having regard to the recommendations of Transparency Intthe Organisation for Economic Co-Opernational and Development (OECD), the Council of Europe’´s Group of States against Corruption (GRECO), and the Organisation for Economic Co-operation and Development (OECD)various NGO´s,
Amendment 7 #
2020/2133(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the TEU stipulates that ‘the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies and agencies’; whereas this implies that public decisions are taken in the interest of the common good and notthat conflicts of interests - which occur, according to the definancial power of individual actors; ition of the OECD "when an individual or a corporation (either private or governmental) is in a position to exploit his or their own profession or official capacity in some way for personal or corporate benefit" - should be avoided in the legislative process and whereas any definition of conflict of interest has a contextual and evolving nature and full transparency does not necessarily guarantee the absence of any conflict of interest, nor does it guarantee that public trust will be won or decreased;
Amendment 10 #
2020/2133(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the Treaties have established a system of division of powers between the institutions of the Union that assigns to each institution its own role within the institutional structure of the Union and in the performance of the tasks entrusted to it;
Amendment 15 #
2020/2133(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the European Court of Auditors has stated in its special report 13/2019 1a on the ethical framework of the EU that Parliament, Council and Commission "have to a large extent adequate ethical frameworks in place for both staff and Members". _________________ 1a https://www.eca.europa.eu/Lists/ECADoc uments/SR19_13/SR_ethical_frameworks _EN.pdf
Amendment 18 #
2020/2133(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas nevertheless the enforcement of the ethical framework could be improved;
Amendment 22 #
2020/2133(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the shortcomings of the current EU ethics framework derive largely from the fact that it relies on a self-regulatory approach and lacks adequate human and financial resources and competences to verify informany further evolution of the EU ethics framework must have a clear legal basis while respecting the separation of powers as laid down in the Treationes;
Amendment 24 #
2020/2133(INI)
Motion for a resolution
Recital D
Recital D
Amendment 27 #
2020/2133(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, as a consequence, multiple cases of unethical conduct and their inadequate handling by the EU institutions have harmed every incidence of unethical behaviour can endanger the trust which European citizens place in the EU institutions;
Amendment 32 #
2020/2133(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the current ethics standards frameworks appearse to be highly fragmented, with different rules in different institutions, creating a complex system which is difficult for both EU citizens and for those who have to respect the rules to understandailored according to the specificities of each European institutions;
Amendment 35 #
2020/2133(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the balance of powers assigned to the institutions is a fundamental guarantee afforded by the Treaty to European citizens;
Amendment 36 #
2020/2133(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the Meroni doctrine developed by the Court of Justice of the European Union (CJEU) allows for the delegation of EU institutions’ competences to external bodies; under strict conditions; whereas according to the court any delegation of competences must be limited and can only relate to clearly defined executive powers, the use of which must be entirely subject to the supervision of the high authority and cannot concern discretionary powers involving any political judgement in order not to jeopardise the balance of powers between the institutions;
Amendment 39 #
2020/2133(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas, following the preceding considerations, the legal margin for overarching rules applied to individual institutions with a common application is very narrow;
Amendment 40 #
2020/2133(INI)
Motion for a resolution
Recital G
Recital G
Amendment 43 #
2020/2133(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Underlines that all EU institutions have to meet the highest standards of independence and impartiality while stressing each institution´s right of organisational sovereignty;
Amendment 44 #
2020/2133(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. Recalls that Members of Parliament´s freedom of the mandate is in the interest of the citizens they represent;
Amendment 45 #
2020/2133(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Amendment 46 #
2020/2133(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
G d. Points out that all staff in the institutions is covered by the EU staff regulations of officials of the European Union (EUSR) and conditions of employment of other servants of the European Union (CEOS);
Amendment 47 #
2020/2133(INI)
Motion for a resolution
Recital G e (new)
Recital G e (new)
G e. Recalls that the Treaty on European Union and the Treaty on the Functioning of the European Union set out a European governance framework based on the separation of powers, laying down distinct rights and obligations for each institution;
Amendment 48 #
2020/2133(INI)
Motion for a resolution
Recital G f (new)
Recital G f (new)
G f. Points out that based on the principle of conferral, institutions cannot delegate by means of an interinstitutional agreement, powers which they themselves do not have, for instance where such powers are conferred by the Treaties on the Court of Auditors or have remained with the Member States;
Amendment 49 #
2020/2133(INI)
Motion for a resolution
Recital G g (new)
Recital G g (new)
G g. Recalls furthermore that one of Parliament´s primary functions as laid down in the Treaty on European Union is to exercise political control;
Amendment 50 #
2020/2133(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 57 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Principles Considers that any option under discussion for improving transparency and integrity in the EU institutions must be respectful of the following principles: - the principle of sound financial management, ensuring the efficient and effective management of Union ressources - the principles of conferral and separation of powers - the freedom to choose an occupation and the right to engage in work as stipulated by article 15 of the Charter of Fundamental rights of the European Union - rule of law and fundamental European principles such as the presumption of innocence, the right to be heard, the principles of legality and proportionality - Freedom of the mandate of Members of European Parliament
Amendment 58 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Further stresses that any option under discussion requires a solid legal base for the constitution and for any competences to be assigned;
Amendment 59 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Insists that any option under discussion requires a clear definition of the mandate, composition and competences none of which must duplicate or interfere with the work of OLAF, the European Ombudsman, the European Court of Auditors or the European Court of Justice;
Amendment 60 #
Amendment 61 #
2020/2133(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Underlines that the principle of separation of powers is the foundation pillar of modern democracy; considers it imperative for the legislative to control the executive, as any reversal of the roles and powers of the legislative and executive would otherwise endanger the independence of the free mandate of elected Members of Parliament;
Amendment 62 #
2020/2133(INI)
Motion for a resolution
Subheading 1 b (new)
Subheading 1 b (new)
Stresses that any option under discussion for improving transparency and integrity in the EU institutions can neither, based on primary law, issue any decision on whether a criminal offense has been committed, nor impose any sanctions, nor impose any administrative measures intended to avoid or clean up accidental or negligent non-compliance with the rules;
Amendment 63 #
2020/2133(INI)
Motion for a resolution
Subheading 1 c (new)
Subheading 1 c (new)
Highlights that any option under discussion for improving transparency and integrity in the EU institutions which is to regulate the grey area in between can only have an advisory function for the institutions concerned;
Amendment 64 #
2020/2133(INI)
Motion for a resolution
Subheading 1 d (new)
Subheading 1 d (new)
Insists that any decisions on measures to be taken or sanctions to be imposed can only be taken by the competent bodies of the institutions themselves;
Amendment 65 #
2020/2133(INI)
Motion for a resolution
Subheading 1 e (new)
Subheading 1 e (new)
Recalls that distinction must be made between a conflict of interest arising during or after the exercise of a function and the importance to distinguish between the two and recalls furthermore to distinguish between acts that authorised if declared and acts that are not authorised at all.
Amendment 66 #
2020/2133(INI)
Motion for a resolution
Subheading 1 f (new)
Subheading 1 f (new)
Suggests that each institution concludes agreements on exchange of information with the Member States respecting the framework of the separation of powers;
Amendment 70 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – introductory part
Paragraph 2 – introductory part
2. Considers that the new EU Ethics Body should be delegated a list of competences to implement ethics rules for Members and staff; takes the view that this list should include by way of a minimum the competences provided for in:any options under discussion for improving transparency and integrity in the EU institutions should only have advisory competences for the members of the institutions;
Amendment 72 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 1
Paragraph 2 – indent 1
Amendment 73 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 2
Paragraph 2 – indent 2
Amendment 76 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 3
Paragraph 2 – indent 3
Amendment 79 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 4
Paragraph 2 – indent 4
Amendment 82 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 5
Paragraph 2 – indent 5
Amendment 87 #
2020/2133(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 94 #
2020/2133(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the IIAany cooperation agreement between the institutions should be open to the participation of allother EU institutions and bodies; believes that the IIA should allow the Ethics Body to conclude agreements with national authorities with a view to ensuring the exchange of information necessary for the performance of its task in order to agree on common measures which can be implemented in respect of the division of powers;
Amendment 100 #
2020/2133(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 101 #
2020/2133(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the participating institutions should entrust the EU Ethics Body with monitoring powers over ethics standards, as well as advisory, investigative and enforcement powersany options under discussion for improving transparency and integrity in the EU institutions has to be respectful of the balance between the institutions as established by the treaties, underlines that it must not replace, substitute or interfere with the responsibilities and prerogatives of each institution and points out that given these considerations, the decision-making powers must remain within the respective institutions, hence only a body with advisory function able to issue non- binding recommendations is conceivable;
Amendment 109 #
2020/2133(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 120 #
2020/2133(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 126 #
2020/2133(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 130 #
2020/2133(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that requesting tax documents and bank records are interventions in private law, for which there must be serious allegations that enter in competence of OLAF;
Amendment 134 #
2020/2133(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that in relation to its enforcement powers, the body could take over from the Appointing Authority in dealing with staff ethics obligations, and that in relation to Members of Parliament or Commissioners, the body couldannot be granted enforcement powers within the limits of the provisionssince this transferral of powers would countained in the Treaties, and without prejudice to any additional mechanisms provided for in Parliament’s Rules of Procedure, in particular concerner the separation of powers laid down ing termination of officehe Treaties;
Amendment 142 #
2020/2133(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that thesuch an EU Ethics Body should be entrusted with advisory tasks in order to provideto improve the enforcement of existing provisions in the EU institutions in order to provide reliable and trustworthy advice to any individual possibly covered by its scope who wishes to request interpretation of an ethical standard in relation to appropriate conduct in a specific case;
Amendment 150 #
2020/2133(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. BelievUnderlines that the decision on the absence of conflicts of interest of designated Commissioners-designate should remain a competence of Parliament’s Committee on Legal Affair remains a political and institutional competence of the European Parliament and its bodies, while thesuch an EU Ethics Body shcould support the process with the publication of itsits non-binding analysis of each individual case and make its investigative capacities available;
Amendment 153 #
Amendment 154 #
2020/2133(INI)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Recalls that the competent bodies in the institutions are regulated by law and that the composition of the competent body in the European Parliament could be made up of MEPs and former MEPs, such an EU Ethics Body may be composed of Members or former Members of the institutions;
Amendment 155 #
2020/2133(INI)
Motion for a resolution
Subheading 3 b (new)
Subheading 3 b (new)
Amendment 159 #
2020/2133(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that the Ethics Body should be composed of nine Members, three selected by the Commission, three elecappointed by Parliament, and three asdesignated de jure from among the former Presidents of the Court of Justice of the European Union (CJEU), the Court of Auditors and former EU Ombudsmen;
Amendment 164 #
2020/2133(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that its members must be independent, chosen on the basis of their competence, experience and professional qualities, as well as their personal integrity, have an impeccable record of ethical behaviour and provide a declaration of the absence of conflicts of interest; is of the opinion that the composition of the body should be gender-balanced; underlines that all member shall be independent in the performance of their duties;
Amendment 176 #
2020/2133(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. InsistsRecommend that the college be supported by a secretariat with the human, material and financial resources commensurate with its mandate and tasks in accordance with the principles of sound financial budget management;
Amendment 181 #
Amendment 182 #
2020/2133(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Proposes a two-stepn approach whereby, in the event that thesuch an EU Ethics Body becomes aware of a breachdeals with a breach of conduct or possible breach of ethics rules, it first recommends actions to put an end to the breach; considers that ithis first preventive step should ensure confidentiality and the right of the person to be heard; suggests that in the event that the individual concerned refuses to take the appropriate actions, the EU Ethics Body should make relevant information about the case publicly available and decide, if appropriate, on sanctions; considers that this two-step approach should apply provided that there are no reasonable grounds to believe that the individual acted in bad faith and recommends that intentional breach, gross negligence, the concealment of evidence and non- compliance with the obligation to cooperate should be, as such, subject to sanctions, even when the breach itself has ceaseto be heard;
Amendment 192 #
Amendment 193 #
2020/2133(INI)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Amendment 194 #
2020/2133(INI)
Motion for a resolution
Subheading 5 b (new)
Subheading 5 b (new)
Insists that the procedures laid down in the Treaties must be applied, such as the transfer of investigations by the European Court of Auditors to OLAF and to the European Court of Justice;
Amendment 197 #
2020/2133(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that the EU Ethics Body should publish an annual report containing both information about the fulfilment of its tasks and, where appropriate, recommendations for improving ethics standardsto be presented to the European Parliament;
Amendment 204 #
2020/2133(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Insists that the decisions of thean EU Ethics Body should bcannot issue legally binding, reviewable before the CJEU and subject to possible complaints to the EU Ombudsma decisions, since no institution can delegate decision- making authority to another institution;
Amendment 10 #
2020/2098(REG)
Proposal for a decision
Paragraph 2
Paragraph 2
2. Stresses that the sanitary crisis caused by the Covid-19 pandemic has revealed that its Rules of Procedure did not providrequire fmor all appropriate measures in order to facilitate thee developed procedures in order to ensure the unlimited functioning of Parliament in different types of extraordinary circumstances;
Amendment 11 #
2020/2098(REG)
Proposal for a decision
Paragraph 3
Paragraph 3
3. Takes notUnderlines the importance of the temporary measures adopted, in compliance with the rule of law, by its President and its governing bodies in the current sanitary crisis, in order to cope with such extraordinary circumstances; underlinstresses that there were no alternatives to those measures were neein ordedr to guarantee the continuity of Parliament’s business, as required by the Treaties, and that they allowinged Parliament to carry out its legislative, budgetary and political control functions during the crisis in accordance with the procedures provided for by the Treaties;
Amendment 13 #
2020/2098(REG)
Proposal for a decision
Paragraph 4
Paragraph 4
4. RecogniStresses that those temporary measures were fully justified and that they ensured the validity of all votes taken during their period of application;
Amendment 21 #
2020/2098(REG)
Title XIII a (new) – rule 237 a (new)
Amendment 28 #
Amendment 104 #
2020/0361(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States canshould be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. _________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
Amendment 115 #
2020/0361(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) It should be clarified that this Regulation is without prejudice to the rules of Union law on copyright and related rights, which establish specific rules and procedures that should remain unaffected and are lex specialis, prevailing over this Regulation.
Amendment 123 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant, dangerous or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 131 #
2020/0361(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of anotherthe principal service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.
Amendment 141 #
2020/0361(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and automatic processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. A provider of intermediary services plays an active role when assistance is given to the recipient of the service, notably for the optimizing and the promotion of the content offered. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider.
Amendment 144 #
2020/0361(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) AThe provider should not be able to benefit from exemptions from liability provided for in this Regulation where the main purpose is to engage in or facilitate illegal activities or where a provider of intermediary services that deliberately collaborates with a recipient of the services in order to undertake illegal activities and does not provide its service neutrally and should therefore not be able to benefit from the exemptions from liability provided for in this Regulation.
Amendment 153 #
2020/0361(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders on the platforms, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well- informed consumer.
Amendment 181 #
2020/0361(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The orders to provide information regulated by this Regulation concern the production of specific information about individual recipients of the intermediary service concerned who are identified in those orders for the purposes of determining compliance by the recipients of the services with applicable Union or national rules. Therefore, ois information, which should include the relevant email addresses, telephone numbers, IP addresses and other contact details necessary to ensure such compliance, should be available in respect of all types orders. Orders about information on a group of recipients of the service who are not specifically identified, including orders to provide aggregate information required for statistical purposes or evidence-based policy-making, should remain unaffected by the rules of this Regulation on the provision of information.
Amendment 196 #
2020/0361(COD)
Proposal for a regulation
Recital 40
Recital 40
Amendment 204 #
2020/0361(COD)
Proposal for a regulation
Recital 41
Recital 41
Amendment 213 #
2020/0361(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that provider should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
Amendment 218 #
2020/0361(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43 a) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide, based on its own assessment, whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.
Amendment 219 #
2020/0361(COD)
Proposal for a regulation
Recital 43 b (new)
Recital 43 b (new)
(43 b) The rules on such notice and action mechanisms should be harmonised at Union level, so as to provide for the timely, diligent and objective processing of notices on the basis of rules that are uniform, transparent and clear and that provide for robust safeguards to protect the right and legitimate interests of all affected parties, in particular their fundamental rights guaranteed by the Charter, irrespective of the Member State in which those parties are established or reside and of the field of law at issue. The fundamental rights include, as the case may be, the right to freedom of expression and information, the right to respect for private and family life, the right to protection of personal data, the right to non-discrimination and the right to an effective remedy of the recipients of the service; the freedom to conduct a business, including the freedom of contract, of service providers; as well as the right to human dignity, the rights of the child, the right to protection of property, including intellectual property, and the right to non-discrimination of parties affected by illegal content.
Amendment 245 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However,Online advertising is a significant source of financing for many digital business models and an effective tool to reach new costumers, not least for small- and medium sized companies. However, there are some instances when online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition toBased on the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision-making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
Amendment 265 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary and proportionate means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision- making processes, or adapting their terms and conditions. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
Amendment 277 #
2020/0361(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) A core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a significantn impact on the ability of recipients to retrieve and interact with information online. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Consequently, very large online platforms should ensure that recipients are appropriately informed, and can influence the information presented to them. They should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. They should also ensure that the recipients enjoy alternative options for the main parameters, including options that are not based on profiling of the recipient.
Amendment 279 #
2020/0361(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Advertising systems used by very large online platforms could pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. Very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health, public security, civil discourse, political participation and equality. Repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement, in particular where targeted advertising is concerned.
Amendment 282 #
2020/0361(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for providing information or compelling access to data from very large online platforms to vetted researchers. All requirements f where relevant to a research project. All requests for providing information or access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.
Amendment 301 #
2020/0361(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of Understanding against counterfeit goods, the Code of Conduct against illegal hate speech as well as the Code of practice on disinformation. In particular for the latter, the Commission will issue guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan.
Amendment 305 #
2020/0361(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) The provision of online advertising generally involves several actors, including intermediary services that connect publishers of advertising with advertisers. Codes of conducts should support and complement the transparency obligations relating to advertisement for online platforms and very large online platforms set out in this Regulation in order to provide for flexible and effective mechanisms to facilitate and enhance the compliance with those obligations, notably as concerns the modalities of the transmission of the relevant information. The involvement of a wide range of stakeholders should ensure that those codes of conduct are widely supported, technically sound, effective and offer the highest levels of user-friendliness to ensure that the transparency obligations achieve their objectives.
Amendment 373 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
Article 2 – paragraph 1 – point d – indent 1
— a significant number of users in relation to their population in one or more Member States; or
Amendment 388 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘online platform’ means a provider of a hosting service which, at the request of a recipient of the service, stores and disseminates to the public information, unless that activity is a minor and purely ancillary feature of anotherthe principal service and, for objective and technical reasons cannot be used without that otherprincipal service, and the integration of the feature into the other service is not a means to circumvent the applicability of this Regulation.
Amendment 389 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(h a) ‘editorial platform’ means an intermediary service which is in connection with a press publication within the meaning of Article 2(4) of Directive (EU) 2019/790 or another editorial media service and which allows users to discuss topics generally covered by the relevant media or to comment editorial content and which is under the supervision of the editorial team of the publication or other editorial media.
Amendment 397 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(i a) 'live streaming platform services' means an information society service which main or one the main purposes is to give the public access to live broadcasted audio or video material and which it organises and promotes for profit-making purposes;
Amendment 400 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) ‘recommender system’ means a fully or partially automated system, used by an very large online platform to suggest in its online interface specific information to recipients of the service, including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed;
Amendment 419 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) upon obtaining such knowledge or awareness, acts expeditiouslyaccording within the deadlines of Article 5Ia new when it comes to remove or toing or disableing access to the illegal content.
Amendment 421 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Amendment 423 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. Paragraph 1 shall not apply when the main purpose of the information society service is to engage in or facilitate illegal activities or when the provider of the information society service deliberately collaborates with a recipient of the services in order to undertake illegal activities.
Amendment 425 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders on the platform, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.
Amendment 430 #
2020/0361(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a The exemptions from liability established in Articles 3, 4 and 5 shall not apply where the information society service plays an active role of such a kind as to give it knowledge of, or control over the information provided by the recipient of the service.
Amendment 503 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) the order only requires the provider to provide information already collected for the purposes of providing the service and which lies within its control, including email addresses, telephone numbers, IP addresses and other contact details necessary to determine the compliance referred to in (a);
Amendment 525 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Providers of intermediary services which do not have an establishment in the Union but which offer services in the Union shall designate, in writing, a legal or natural person as their legal representative in one of the Member States where the provider offers its services. The Member States may require very large online platforms to designate a legal representative in their Member State.
Amendment 528 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Providers of intermediary services shall mandate their legal representatives to be addressed in addition to or instead of the provider by the Member States’ authorities, the Commission and the Board on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation. Providers of intermediary services shall provide their legal representative with the necessary powers and resource to guarantee the proper and timely cooperateion with the Member States’ authorities, the Commission and the Board and comply with those decisions.
Amendment 531 #
2020/0361(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Exclusions Articles 12 and 13 of Section 1,and the provisions of Section 2, and Section 3 of Chapter III shall not apply to: (a) editorial platforms within the meaning of Article 2(h a) of this Regulation; (b) online platforms that qualify as micro and medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC. (c) an intermediary service, except very large online platforms, where it would constitute a disproportionate burden in view of its size, the nature of its activity and the risk posed to users.
Amendment 537 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions, which have to respect European and national law. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format.
Amendment 545 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Where very large online platforms within the meaning of Article 25 of this Regulation otherwise allow for the dissemination to the public of press publications within the meaning of Article 2(4) of Directive (EU) 2019/790, such platforms shall not remove, disable access to, suspend or otherwise interfere with such content or the related service or suspend or terminate the related account on the basis of the alleged incompatibility of such content with its terms and conditions, unless it is illegal content
Amendment 564 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) the number of orders received from Member States’ authorities, categorised, where possible, by the type of illegal content concerned, including orders issued in accordance with Articles 8 and 9, and the average time needed for taking the action specified in those orders;.
Amendment 566 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the number of notices submitted in accordance with Article 14, categorised by the type of alleged illegal content concerned, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider, and the average time needed for taking the action;
Amendment 570 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) the number of complaints received through the internal complaint-handling system referred to in Article 17, where identifiable, the basis for those complaints, decisions taken in respect of those complaints, the average time needed for taking those decisions and the number of instances where those decisions were reversed.
Amendment 575 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC. In addition, paragraph 1 shall not apply to enterprises that previously qualified for the status of a small or microenterprise within the meaning of the Annex to Recommendation2003/361/EC during the twelve months following their loss of that status.
Amendment 586 #
Amendment 634 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Providers of hostingaragraphs 2, 3 and 4 shall not apply to providers of intermediary services sthall publish the decisions and the statements of reast qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC. In additions, referred to in paragraph 1 in a publicly accessible database managed by the Commission. That information shall not contain personal datathose paragraphs shall not apply to enterprises that previously qualified for the status of a micro or small enterprise within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status.
Amendment 647 #
2020/0361(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Amendment 680 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. RAfter internal complaint handling mechanisms are exhausted, recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of- court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.
Amendment 710 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers through the mechanisms referred to in Article 14, are processed and decided upon with priority and without delayimmediately processed without prejudice to the implementation of a complaint and redress mechanism.
Amendment 743 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 7 a (new)
Article 19 – paragraph 7 a (new)
7a. Online platforms shall, where possible, provide trusted flaggers with access to technical means that help them detect illegal content on a large scale.
Amendment 760 #
2020/0361(COD)
(d) where identifiable, the intention of the recipient, individual, entity or complainant.
Amendment 781 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with professional traders, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained the following information:
Amendment 782 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
Amendment 822 #
2020/0361(COD)
Proposal for a regulation
Article 24
Article 24
Amendment 865 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights to respect for private and family life, freedom of expression and information, freedom and pluralism of the media, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively caused by an illegal activity;
Amendment 870 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) intentional manipulation of their service, including by means of inauthentic use or automated exploitation of the service, with an actual or foreseeable negative and illegal effect on the protection of public health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security.
Amendment 873 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, how their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.
Amendment 918 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
(b) any commitmentof voluntary measures undertaken pursuant to the codes of conduct referred to in Articles 35 and 36 and the crisis protocols referred to in Article 37.
Amendment 931 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in their terms and conditions, in a clear, accessible and easily comprehensible manner, the mainshall base the parameters used inof their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679 on Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (P2B) and set them out in their terms and conditions.
Amendment 935 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. The parameters used in recommender systems shall always be fair and non-discriminatory.
Amendment 938 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 946 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a repository containing the information referred to in paragraph 2, until one yearfor advertisements that have been seen by more than 5000 recipients of the service and until six months after the advertisement was displayed for the last time on their online interfaces. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.
Amendment 953 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point d
Article 30 – paragraph 2 – point d
Amendment 954 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point e
Article 30 – paragraph 2 – point e
Amendment 966 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Very large online platforms shall provide the Digital Services Coordinator of establishment or the Commission, upon their reasoned request and within a reasonable period, specified in the request, provide information and access to data that are necessary to properly monitor and assess compliance with this Regulation. That Digital Services Coordinator and the Commission shall only use that data for those purposes.
Amendment 969 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Upon a reasoned request from the Digital Services Coordinator of establishment or the Commission, very large online platforms shall, within a reasonable period, as specified in the request, provide access toinformation and access to relevant data to vetted researchers who meet the requirements in paragraphs 4 of this Article, for the sole purpose of conducting research that contributes to the identification and understanding of systemic risks as set out in Article 26(1).
Amendment 973 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Very large online platforms shall provide access to data pursuant to paragraphs 1 and 2 for a limited time and through online databases or application programming interfaces, as appropriate.
Amendment 1009 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point f
Article 34 – paragraph 1 – point f
Amendment 1016 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) in relation to the dissemination of illegal content emerge and concern several very large online platforms, the Commission may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
Amendment 1019 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested partierelevant stakeholders, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
Amendment 1024 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives in relation to the dissemination of illegal content, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested partiethe relevant stakeholders, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain.
Amendment 1032 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency in online advertising beyond the requirements of Articles 24 30 and 30Article 6 of Directive 2000/31/EC.
Amendment 1034 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 2 – introductory part
Article 36 – paragraph 2 – introductory part
2. The Commission shall aim to ensure that the codes of conduct pursue an effective transmission of information, in full respect for the rights and interests of all parties involved, and a competitive, transparent and fair environment in online advertising, in accordance with Union and national law, in particular on competition and the protection of personal data. The Commission shall aim to ensure that the codes of conduct address at least: the transmission of information held by providers of online advertising intermediaries to the repositories pursuant to Article 30.
Amendment 1035 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point a
Article 36 – paragraph 2 – point a
Amendment 1036 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
Amendment 1044 #
Amendment 1058 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 2 – point e
Article 41 – paragraph 2 – point e
(e) the power to proportionate adopt interim measures to avoid the risk of serious harm.
Amendment 1060 #
2020/0361(COD)
1. Member States shall lay down the rules on penalties including administrative fines applicable to infringements of this Regulation by providers of intermediary services under their jurisdiction and shall take all the necessary measures to ensure that they are properly and effectively implemented in accordance with Article 41.
Amendment 1061 #
2020/0361(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Penalties shall be effective, proportionate and dissuasive. They shall take into particular account the interest of small scale providers and start ups and their economic viability. Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendments affecting them.
Amendment 1103 #
2020/0361(COD)
Proposal for a regulation
Article 47 – paragraph 2 – point a a (new)
Article 47 – paragraph 2 – point a a (new)
(aa) contributing to the effective application of Directive 2000/31/EC Article 3 to prevent fragmentation of the digital single market and the obligations of very large platforms of Article 5 of the Platform to Business Regulation 2019/1150
Amendment 1132 #
2020/0361(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. In the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to Article 58(1), where there is an urgency due to the risk of serious damage for the recipients of the service, the Commission may, by decision, order proportionate interim measures against the very large online platform concerned on the basis of a prima facie finding of an infringement.
Amendment 1135 #
2020/0361(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. For the purposes of carrying out the tasks assigned to it under this Section, the Commission may take the necessary actions to monitor the effective implementation and compliance with this Regulation by the very large online platform concerned. The Commission may also order that platform to provide access to, and explanations relating to, and, where necessary access to its databases and algorithms.
Amendment 1138 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. The Commission may by decision and in compliance with the proportionality principle impose on the very large online platform concerned or other person referred to in Article 52(1) fines not exceeding 1% of the total turnover in the preceding financial year, where they intentionally or negligently:
Amendment 1151 #
2020/0361(COD)
Proposal for a regulation
Article 74 – paragraph 2 – introductory part
Article 74 – paragraph 2 – introductory part
2. It shall apply from [date - threesix months after its entry into force].
Amendment 3 #
2019/2132(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need to continuously improve the mechanisms designed to ensure that rule-making is in full compliance with the Treaties, notably the principles of conferral, subsidiarity and proportionality, as set out in Article 5 of the Treaty on European Union (TEU), and with the principle of sincere cooperation as set out in Article 13 of the Treaty on the European Union (TEU);
Amendment 17 #
2019/2132(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes the importance of avoiding unnecessary complexity and reducing administrative burdens for citizens and businesses alike, calls for the need to provide all necessary help to avoid over- regulation when transposing and applying European Union law;
Amendment 22 #
2019/2132(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Deplores inconsistencies in the application and interpretation of EU law which can be attributed to incorrect translations of legal texts; calls therefore on the European Commission to increase efforts to ensure that adopted EU legislation is correctly translated;
Amendment 23 #
2019/2132(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that proper transposition and implementation of EUuropean Union law, on the basis of Article 197 of the Treaty on the Functioning of the European Union (TFEU), is of the utmost importance; calls for appropriate ex post impact assessment of EU law, including sustainability impact assessments; and for appropriate ex ante assessment beforehand during legislative procedures, in line with the pledge of the European Parliament and the Council to carry out impact assessments in relation to their substantial amendments to the Commission's proposal when they consider this to be appropriate and necessary for the legislative process;
Amendment 25 #
2019/2132(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes that the new IIA on better law-making contains provisions that aim at improving the implementation and application of EU law, inter alia, through better identification of national measures that are not strictly related to the Union legislation (gold-plating) and expects Member States to clearly indicate and document such measures; underlines that the Members States when applying EU legislation should avoid the so-called "gold plating", by which unnecessary burdens are added to EU legislation which leads to a misconception of EU legislative activity and increases unjustified EU scepticism amongst the citizen; in this respect calls on the Commission to provide regular information on the documentation of gold-plating measures;
Amendment 27 #
2019/2132(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recognizes that for the proper functioning of the internal market citizens and entrepreneurs need to be informed regarding questions arising from everyday application of EU law, calls for strengthening cooperation through SOLVIT and other means necessary in this field;
Amendment 32 #
2019/2132(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission to enhance public debate on its annual report on the monitoring of the application of EU law and to further support Member States in transposing and implementing EU legislation through institutional and administrative capacity-building initiatives; suggests to examine the role of non legally binding guidance documents that aim to assist the Member States in the implementation process;
Amendment 41 #
2019/2132(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls the need to fully safeguard the role of the Court of Justice of the European Union (CJEU) to ensure the uniform interpretation and application of EU law in the context of Brexit andimplementation of the Withdrawal Agreement and with regards to the future relationship with the UK.
Amendment 18 #
2018/2280(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates the need for a continuous public debate about the Union’s fields of activity in order to inform citizens about different levels of decision-making; calls for more intensive and structured biannual dialogue between the Committee on Petitions and Members of Committees on Petitions in the National Parliaments on petitions of major concerns to European citizens stimulating a genuine debate between MEPs and national MPs centred on petitions that would further raise awareness of EU policies and clarity on competences of the EU and of Members States;
Amendment 24 #
2018/2280(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note of four public hearings on various topics, namely on ‘Citizens’ rights after Brexit’ together with the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Employment and Social Affairs on 1 February 2018, on ‘European Citizens’ Initiative - Revision of Regulation’ together with the Committee on Constitutional Affairs on 21 February 2018, on ‘Impact of endocrine disruptors on public health’ on 22 March 2018 together with the Committee on Environment, Public Health and Food Safety, and on ‘The rights of persons with disabilities’ on 9 October 2018; reminds the committee members of the importance of attending public hearings requested and organised by the committee; calls on the petitions network to put forward specific public hearings and topics for EP studies and EP resolutions, which reflect the connection between the ongoing legislative work and the political scrutiny power of the EP and the petitions of major concerns; underlines that the petitions network is the right forum to put forward common initiatives for petitions treatment, which could exhaustively express the European Parliament's contribution to European citizens’ petitions;
Amendment 30 #
2018/2280(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Trusts that the petitions network is a means to make the Committee on Petitions more visible and relevant in the work of the other committees of Parliament, so that petitions are better taken into consideration in legislative work; reaffirms its belief that meetings of the petitions network are vital for strengthening cooperation between the parliamentary committees through exchange of information and sharing of best practices between the network members; calls on the Committee on Petitions to nominate accordingly EP Rapporteurs on EU policies clusters, which could effectively and efficiently work with their respective counterparts of the petitions network in order to streamline common initiatives for the treatment of petitions across the European Parliament;
Amendment 38 #
2018/2280(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that the Committee on Petitions has adopted opinions attached to reports of Parliament on a wide range of issues raised in petitions, including on monitoring the application of EU law in 2016 , on the coordination of social security systems , on the European citizens’ initiative, on the implementation report as regards Regulation 1/2005 on the protection of animals during transport within and outside the EU , on the proposal for amending Parliament’s Decision 94/262/EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman’s duties , and on the implementation of the Treaty provisions related to EU citizenship; underlines that, since the beginning of this parliamentary term, the Committee on Petitions has provided more opinions to ongoing European legislative texts; highlights the importance of providing justification of amendments by showing a direct reference to citizens‘ petitions;
Amendment 43 #
2018/2280(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is convinced that the Secretariat of the Committee on Petitions handles petitions efficiently and with great care according to the committee’s guidelines and the petitions lifecycle in the EP administration; stresses that the number of petitions has decreased to 1120 in 2018 compared to 2715 in 2014 as a result of the more efficient treatment of petitions through the administrative petitions’ review and the petitions web portal; calls for further innovating the treatment of petitions taking stock of the most recent technological developments in order to render the whole process clearer and more transparent for European citizens;
Amendment 12 #
2018/2081(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in 2015, 264 million children and young people of primary or secondary school age were not enrolled in school; whereas in countries affected by fragility and conflict there are 37% more girls than boys out of primary school and young women are nearly 90% more likely to be out of secondary school than their counterparts in countries not affected by conflict;
Amendment 32 #
2018/2081(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Observes that the efforts of developing countries and increases in ODA will not be sufficient to bridge the funding gap; calls therefore for the creation of innovative funding instruments, which leverage and are aligned with existing funding mechanisms and initiatives, in order to bolster national education systems;
Amendment 45 #
2018/2081(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Particularly stresses SDG 4.1, whose aim is a full 12-year primary and secondary education cycle, provided free of charge for all; considers that the condition of being ‘free of charge’ should apply not only to schooling itself but also to what would otherwise be ancillary costs; believes that States should consider scholarship schemes to provide schooling for the most disadvantaged children; instructs the European Union and the Member States, in accordance with SDG 4.1 and Article 26 of the Universal Declaration of Human Rights, not to support private, commercial educational establishments financially;
Amendment 74 #
2018/2081(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is concerned about the phenomenon of the ‘brain drain’; calls oin those Member States that devote too much of their aid to scholarships and the expenses of students from developing countries to reduce it; considers that multiple entry visas would enable these students to updparallel to put in place incentives or measures encouraging students to work in the economic or governmental sector of their home country after their return for a minimum period, so thate their knowledge and promote circular mobilitycquired would primarily be at the benefit of partner countries;
Amendment 85 #
2018/2081(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes also the efforts to be made with regard to the recruitment, remuneration, working conditions and initial and in-service training of teachers, as well as the massive investment needed in school infrastructure, in particular to ensure equal access for girls; calls for more exchange programmes between teachers from developing countries and from EU Member States, e.g. Erasmus+;
Amendment 92 #
2018/2081(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses the importance of new technologies as a way of improving access to education and improving its quality, particularly for the dissemination of knowledge, teacher training and the management of establishments; draws attention to the fact that these new technologies must support educational efforts rather than replacing them and lowering standards of teaching; emphasises the strengthening of digital skills to promote the empowerment of women and girls;
Amendment 96 #
2018/2081(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Underlines that the numbers of mobile users are now surpassing the numbers of people having access to electricity, sanitation or clean water and insists on the need to use this digitalisation to bring knowledge and modern teaching methods into developing countries;
Amendment 97 #
2018/2081(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls for increased efforts to address the challenges of digital exclusion through education and training on essential digital skills and initiatives to facilitate the use of ICTs; further calls for the introduction of digital literacy in school curricula at all levels of education in developing countries, with a view to the acquisition of the skills needed to improve access to information;
Amendment 115 #
2018/2081(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission and Member States to assign priority to budget support where possible, with strict criteria, including transparegood governancye, and extensive checks, in particular to avoid corruption; stresses the need to establish a monitoring mechanism to inquire whether development funds have been misused and to implement sanctions as a consequence, including the reallocation of financial means in order to increase the support for countries with better practice in that field;
Amendment 33 #
2018/2080(INI)
Recital 10
(10) Whereas provisions should be laid down regarding the officials and servants of the Ombudsman´s secretariat which will assist him and the budget thereof; whereas the seat of the Ombudsman should be that of the seat of the European Parliament;
Amendment 39 #
2018/2080(INI)
Article 1 – paragraph 3
3. The Ombudsman mayshall not intervene in cases before courts or question the soundness of a court´s ruling.
Amendment 46 #
2018/2080(INI)
Article 2 – paragraph 9
9. The Ombudsman shall as soon as possible, and in a pre-determined timeframe, inform the person lodging the complaint of the action he has taken on it.
Amendment 49 #
2018/2080(INI)
Article 3 – paragraph 1a (new)
1a. The Ombudsman may conduct, without prejudice to their regular duties of handling complaints, inquiries in order to combat maladministration and promote good administrative practices in the Union institutions, offices, bodies and agencies;
Amendment 53 #
2018/2080(INI)
Article 3 – paragraph 2
2. The CommunityUnion institutions and bodies shall be obliged to supply the Ombudsman with any information he has requested from them and give himprovide access to the files concerned. Access to classified information or documents, in particular to sensitive documents within the meaning of Article 9 of Regulation (EC) No 1049/2001, shall be subject to compliance with the rules on security of the CommunityUnion institution or body concerned. The institutions or bodies supplying classified information or documents as mentioned in the previous subparagraph shall inform the Ombudsman of such classification in advance. For the implementation of the rules provided for in the first subparagraph, the Ombudsman shall have agreed in advance with the institution or body concerned the conditions for treatment of classified information or documents and other information covered by the obligation of professional secrecy. The institutions or bodies concerned shall give access to documents originating in a Member State and classed as secret by law or regulation only where that Member State has given its prior agreement. They shall give access to other documents originating in a Member State after having informed the Member State concerned. In both cases, in accordance with Article 4, the Ombudsman may not divulge the content of such documents. Officials and other servants of CommunityUnion institutions and bod, offices, bodies and agencies must testify at the request of the Ombudsman; they shall continue to be bound by the relevant rules of the Staff Regulations, notably their duty of professional secrecy.
Amendment 55 #
2018/2080(INI)
Article 3 – paragraph 3
3. The Member States' authorities shall be obliged to provide the Ombudsman, whenever heit may sobe requested, via the Permanent Representations of the Member States to the European CommunitiesUnion, with any information that may help to clarify instances of maladministration by CommunityUnion institutions or bodies unless such information is covered by laws or regulations on secrecy or by provisions preventing its being communicated. Nonetheless, in the latter case, the Member State concerned may allow the Ombudsman to have this information provided that he undertakes not to divulge it.
Amendment 60 #
2018/2080(INI)
Article 3 – paragraph 7
7. The Ombudsman shallmay then send a report to the European Parliament and to the institution or body concerned. HeThe Ombudsman may make recommendations in his report. The person lodging the complaint shall be informed by the Ombudsman of the outcome of the inquiries, of the opinion expressed by the institution or body concerned and of any recommendations made by the Ombudsman. The Parliament could request the Ombudsman to appear before the plenary when appropriate.
Amendment 65 #
2018/2080(INI)
Article 4a
The Ombudsman and histheir staff shall deal with requests for public access to documents, other than those referred to in Article 4(1), in accordance with the condi in accordance with the conditions and limits provided for in Regulation (EC) No. 1049/2001. With regards to complaints regarding the right of public access to official documents, the Ombudsman shall, following due analysis and all necessary considerations, issue a recommendation concerning the release or else of said documents, to which the concerned institutions, and limitgency or body shall respond within the time frames provided for inby Regulation (EC) No 1049/2001.
Amendment 67 #
2018/2080(INI)
Article 5 paragraph 1
1. In so far as it may help to make his enquiries more efficient and better safeguard the rights and interests of persons who make complaints to him, the Ombudsman may cooperate with authorities of the same type in certain Member States provided they compliesy with the national law applicable. The Ombudsman mayis not by this meansauthorised to demand to see documents to which he would not have access under Article 3.
Amendment 71 #
2018/2080(INI)
Article 5a (new)
5a. The Ombudsman may conduct regular assessments of the whistleblowing policies and procedures in place in the relevant EU institutions, bodies and agencie.s
Amendment 75 #
2018/2080(INI)
Article 6 – paragraph 2
2. The Ombudsman shall be chosen from among persons who are Union citizens, have full civil and political rights, offer every guarantee of independence, and meet the conditions required for the exercise of the highest judicial officepositions in their country orand have the acknowledged competence and experience to undertake the duties of the Ombudsman.
Amendment 77 #
2018/2080(INI)
Article 13
The seat of the Ombudsman shall be that of the seat of the European Parliament.
Amendment 5 #
2018/0336(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 1141/2014
Article 10 a – paragraph 1
Article 10 a – paragraph 1
Amendment 12 #
2018/0336(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EU, Euratom) No 1141/2014
Article 27 – paragraph 2 – point a – point vii
Article 27 – paragraph 2 – point a – point vii
(vii) where, in accordance with Article 10a, the committee issues an opinion finding that a European political party or a European political foundation has deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of an infringement of the applicable rules on the protection of personal data.;violated Article 10a(1)”
Amendment 15 #
2018/0336(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Regulation (EU, Euratom) No 1141/2014
Article 27 – paragraph 7
Article 27 – paragraph 7
7. Where a decision of the national supervisory authority as referred to in Article 10a has been definitively repealed or where a remedy against such decision has been successful and is final, the Authority shall review any sanction imposed pursuant to point (a)(vii) of paragraph 2 at the request of the European political party or European political foundation concerned.
Amendment 52 #
2018/0082(COD)
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
Amendment 53 #
2018/0082(COD)
Proposal for a directive
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. The Commission and the enforcement authorities of the Member States shall apply the terms of this Directive in close cooperation. Further modalities for cooperation amongst the public authorities, including arrangements for information, consultation and allocation of cases of cross-border unfair trading practices, shall be laid down and revised by the Commission, in close cooperation with the Member States.
Amendment 12 #
2017/2273(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Expresses concern that given many directives’ incongruent translations into the official languages, it is likely that differing language versions cause differing transposition and interpretations of the respective texts in the Member States; deplores, therefore, that such differing transposition and legal interpretations of directives may not be uncovered systematically, but only when being clarified by rulings of the Court of Justice of the European Union;
Amendment 14 #
2017/2273(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notes that the Commission’s commitment to be more strategic in enforcing EU law recently led to the closure of infringement cases for political reasons; calls, therefore, on the Commission to explain the considerations behind such decisions in future monitoring reports;
Amendment 20 #
2017/2273(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission to effectively monitor the fulfilment of national courts’ responsibility to seek preliminary ruling by the Court of Justice of the European Union as stated in Article 267 TFEU; calls, therefore, on the Commission to consider establishing a register containing all national court rulings pertaining to the interpretation of EU law where preliminary ruling by the Court of Justice of the European Union has not been sought;
Amendment 5 #
2017/2222(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas it is worrying that attempts are occasionally made, through the filing of petitions, to use the work of the Committee on Petitions as an extension of national election campaigns;
Amendment 15 #
2017/2222(INI)
Motion for a resolution
Recital F
Recital F
F. whereas petitions allow Parliament and other EU institutions to assess the transposition and application of EU law and its impact on EU citizens and residentenable the European Parliament to listen to and help to solve problems affecting its citizens, and whereas the impact of EU legislation on the daily life of those living in the EU should be assessed through said petitions;
Amendment 22 #
2017/2222(INI)
Motion for a resolution
Recital I
Recital I
I. whereas each petition is carefully assessed and dealt with, and whereas each petitioner has the right to receive a reply from the Committee of Petitions within a reasonable period of timeonsidered fully and examined carefully, efficiently and transparently, and whereas this is done in accordance with the clearly formulated administrative procedure for petitions which was introduced in 2014, which covers the entire life cycle of a petition at the European Parliament and which ultimately ensures that citizens receive an answer in writing within nine months;
Amendment 49 #
2017/2222(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Acknowledges that petitions are an important source of first-hand information, not just about violations and deficiencies in the application of EU law in the Member States, but also about potential loopholes in EU legislation as well as citizens´ suggestions about new legislation that could be adopted, or possible improvements to the legislative texts in force;
Amendment 51 #
2017/2222(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Confirms that the effective treatment of petitions challenges and ultimately enhances the capacity of both, Commission and Parliament, to react to and resolve problems relating to transposition and misapplication; notes that the Commission considers the implementation of EU law a priority, so that citizens can benefit from it in their everyday lives;
Amendment 53 #
2017/2222(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Continues to consider it a particular obligation to ensure that, where petitions are inadmissible or unfounded, no disproportionately long delay occurs before they are declared inadmissible or are closed; Emphasises in this context the requirement that the inadmissibility or closure of petitions on account of being unfounded must be carefully justified vis- à-vis the petitioner;
Amendment 54 #
2017/2222(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Stresses that working groups which have been set up must report on their work in regular intervals and that there is a clearly formulated mandate with limitations in time, which results in intensive processing of the cases to be considered; considers it important that the results of the work of the working group result in prompt completion of work on the petitions concerned;
Amendment 56 #
2017/2222(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that petitions allow Parliament and oAcknowledges the impact of effective application of EU law on strengthening the credibility of ther EU institutions to reconnect with EU citizens who are affected by the application of EU law at different administrative levels; considers enhanced cooperation of EU institutions and other EU bodies; reminds that the right to petition, enshrined in the Lisbon treaty, is an important element of European citizenship and a real barometer for monitoring the application of EU law and identifying possible loopholes; calls on the Committee of Petitions to set up a regular meeting with the national, regional and local author Committees on Petitieons on matterimportant petitions linked to the application of EU law to be a vital means of strengthen order to raise awareness of European citizens´ concerns in the EU and ing the dMemocratic legitimacy and accountability of the Union’s decision-making processber States and strengthen their rights further through better European law making and implementation;
Amendment 67 #
2017/2222(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Asks the Commission to inform the Committee on Petitions regularly on developments with regard to ongoing infringement proceedings, and to guarantee its timely access to relevant Commission documents on infringements, and to EU pilot procedures pertaining to petitions in this regardReferring to the EC annual report on monitoring the application of the EU law 2016, takes serious consideration of the considerable increase by 21% of open infringement cases compared to the previous year; calls on the Commission to follow up on the Parliament’s calls for sharing information on the state of play on ongoing infringement procedures; highlights the important role of petitions for identifying bad implementation or late transposition on European law; reminds the Commission that the Committee on Petition is committed to respond to citizens´ expectations timely and responsibly, while ensuring the democratic scrutiny and proper application of EU law;
Amendment 71 #
2017/2222(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Asks the Commission to provide precise statistics concerning the number of petitions that led to the initiation of an EU Pilot or an infringement procedure; calls therefore on the Commission to send regular reports on cases relating to proceedings and/or procedures under way in order to facilitate structured dialogue and reduce the time frame for settling disputes; calls on the Commission to discuss those reports with the Committee on Petitions, proactively involving the Vice-President responsible for the application of law and simplification;
Amendment 110 #
2017/2222(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 4 #
2017/2206(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls Article 208 TFEU, Agenda 2030 and welcomes the fact that the EU is bound by a rights-based approach to developmenthas contributed to international advancement and recognition of the rights of indigenous people as set out in the UNDRIP ;considers, however, that support to the rights of indigenous people should be better integrated into EU´s development action, and notably in the context of the implementation of the SDG´s; recalls that the European Consensus for Development brings a particular focus on promoting the rights of the most vulnerable groups, including indigenous people;
Amendment 12 #
2017/2206(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. DeploresNotes with concern the allegations that some ODA projects have negatively affected the rights of indigenous peoples; regrets that the REDD+ programme has failed to secure tenure rights for local forest communities; urges the EU tocalls on the Commission to conduct a proper investigation into these allegations and to make sure that the rights-based approach has been strictly applied and respected in all ODA-related projects, particularly regarding the rights of indigenous people; welcomes the fact that the Paris agreement supports the inclusion of human rights obligationprotection of indigenous people and local communities in all domestic and international mitigation and adaptation instruments;
Amendment 40 #
2017/2206(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that bilateral investment agreements fail to recognise indigenous peoples’ land rightsmay negatively affect indigenous people’s rights and limit their participation to decision-making; rRecalls that international investment lawagreements hasve to respect international human rights law; calls on development finance institutions to strengthen their human rights safeguard and calls for greater transparency in this regard, notably by setting up adequate consultation procedures and mechanisms in cooperation with indigenous peoples; calls on development finance institutions to strengthen their human rights safeguards to ensure that the exploitation of land and resources in developing countries does not lead to any human rights violations or abuses;
Amendment 48 #
2017/2206(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Asks the commission to set up an administrative complaint mechanism, which would allow local populations, including indigenous peoples, to report cases of breach of human rights in the implementation of its development policies;
Amendment 49 #
2017/2206(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Urges partner countries to recognise and protect indigenous´ people’s rights to customary ownership and control of their lands and natural resources as set out in the UNDRIP and ILO Convention 169:calls for the EU to continue to contribute to the prevention of land grabbing by supporting partner countries in applying at national level the principle of free, prior and informed consent to large-scale land acquisitions; as well as the UN Voluntary Guidelines
Amendment 52 #
2017/2206(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the fact that the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests will becomare binding forcluded in the EU External Investment Plan; insists that they should be binding for and calls on the EU to promote and apply these guidelines across all EUits ODA projects;
Amendment 56 #
2017/2206(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes that the European Council made the protection of indigenous people´s rights a priority, as laid out in the Council Conclusions of May 2017;
Amendment 58 #
2017/2206(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the EU to take legally binding measures to hold corporations accountable for breacheall necessary measures to make sure that its activities, both in the fields of development and trade, comply with the highest standards of human rights ; in third countries and to provide effective remedy, complaint and sanction mechanisms.s regards, reiterates its supports to the work of the EU in the framework of the negotiations for a UN treaty on human rights and business in order to hold corporations accountable for human rights violations;
Amendment 66 #
2017/2206(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Insists that the EU has to ensure the coherence and consistence of all its policies when acting in developing countries; further calls on the EU to evaluate systemically the impact of its development, agricultural, trade and energy policies on the livelihoods of the most vulnerable people;
Amendment 33 #
2017/2054(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas a fixed formula for the distribution of seats should be used in the 2019 European elections;
Amendment 35 #
2017/2054(INL)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas a fixed voting deadline for the annual determination of the composition of a future Parliament is useful, and whereas it would be suitable not only for 2019 but also as a future structural deadline for the election period before the third Monday in May1a 1b; __________________ 1A No clashes with Easter until at least the 2074 election and only the following clashes with national public holidays for each election year: 2019: none; 2024: Ascension Day on a Thursday; 2029: Ascension Day on a Thursday; 2034: none; 2039: 4 national public holidays on election day; 2044: 4 national public holidays on election day; 2049: 4 national public holidays on election day; 2054: 3 national public holidays on election day, Ascension Day, Orthodox Sunday; 2059: 3 national public holidays on election day, Ascension Day, Orthodox Sunday; 2064: 3 national public holidays on election day; 2069 & 2074: none 1b Compared with a fixed election date (footnote 1a), there were more clashes with important public holidays in the Member States in the past: 1979: national public holidays in Member States with election day on a Friday; 1984: none; 1989: clash with Whit Sunday; 1994: clashes with 4 national public holidays on Friday and Sunday; 1999: clashes with 4 national public holidays on Thursday and Saturday; 2004: clashes with 5 national public holidays on Thursday, Friday and Saturday; 2009: clashes with 4 national public holidays on Friday; 2014: clashes with 3 national public holidays on Thursday;
Amendment 54 #
2017/2054(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that, whilst the mathematical formulas display great potential for providing a permanent system for the distribution of seats in the future, the political and legal uncertainty as a result of the UK’s withdrawal from the EU ultimately make it politically unviable for Parliament to suggest a permanent system at this stage; stresses that Brexit is not an obstacle, rather a particularly good opportunity to determine a formula for the distribution of seats which will enable legal certainty and predictability to be ensured;
Amendment 84 #
2017/2054(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Proposes that this new distribution of seats should be fair, objective and based on the following principles: respect for the principle of degressive proportionality, no loss of seats for any Member State, and the use of only a minimal fraction of the seats vacated by the UK; underlines that Member States may lose seats in future distributions, as a fair distribution of seats must also reflect changes in Member States’ populations;
Amendment 105 #
2017/2054(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the proposed distribution based on principles provides a solid foundation for the future establishment of a permanent system and calls for the adoption of such permanent system in thof seats provides a solid starting point for the 2019 election as well as for establishing a mathematical formula as a basis for future allocations of seats; proposes that the number of Members of the European Parliament elected in each Member State as of 2024 shall be based on a fixed mathematical formula under which, first, six seats will be assigned to each Member State, and subsequently the remaining seats will be allocated to the Member States, with a maximum of 90 seats per Member State, on the basis of the d’Hondt method and of the EUROSTAT calculations referred to in Article 2 of the annexed proposal concerning the number of residents in each Member State as at a set date (n-3) before near futurech European election day; proposes that, if this system be chosen well in advance of the elections to the European Parliament in 2024;calculation results in a Member State’s being allocated fewer seats than it had at the previous election, that loss shall be limited to one seat, while at the same time account shall be taken of the criteria laid down in Article 14(2) of the Treaty on European Union.
Amendment 167 #
2017/2054(INL)
Motion for a resolution
Annex – Article 4 – paragraph 1
Annex – Article 4 – paragraph 1
Amendment 168 #
2017/2054(INL)
Motion for a resolution
Annex – Article 4 – paragraph 1
Annex – Article 4 – paragraph 1
Amendment 65 #
2017/2037(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Advocates the consolidation of the involvement of associations representing local authorities and urban interests in policy design, such as the Eurocities network and, the Council of European Municipalities and Regions (CEMR), and considers that such associations should become permanent consultants of EU policies and others as well as their national and regional member organisations, and considers that such associations should become key consultants to the EU Institutions by way of setting up a permanent structured dialogue mechanism, particularly in the pre- legislative stage;
Amendment 9 #
2016/2146(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas it is primarily in the interest of admissible and well-founded petitions for the work of the Committee on Petitions of the European Parliament not to be burdened with dealing with inadmissible or unfounded petitions for an unduly long period of time;
Amendment 10 #
2016/2146(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas each petition is considered and examined carefully, efficiently and transparently, and whereas this is done in accordance with the clearly formulated administrative procedure for petitions which was introduced in 2014, which covers the entire life cycle of a petition at the European Parliament and which ultimately ensures that citizens receive an answer in writing within nine months;
Amendment 17 #
2016/2146(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas it is worrying that attempts are occasionally made, through the filing of petitions, to use the work of the Committee on Petitions as an extension of national election campaigns;
Amendment 18 #
2016/2146(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the right to petition has to be a key element for a participatory democracy; whereas petitions enable the European Parliament to listen to and help to solve problems affecting its citizens, and whereas the impact of EU legislation on the daily life of those living in the EU should be assessed through said petitions;
Amendment 22 #
2016/2146(INI)
Motion for a resolution
Recital H
Recital H
Amendment 29 #
2016/2146(INI)
Motion for a resolution
Recital I
Recital I
Amendment 55 #
2016/2146(INI)
Motion for a resolution
Recital O
Recital O
O. whereas petitioners actively contribute to the work of the Committee, providing additional information to its members, of the committee and the Commission and representatives of the Member States who may bare present; whereas petitioners, by taking part in these discussions and presenting their petitions along with more detailed information, contribute to establishing a fluid dialogue with Members of the European Parliament and with the European Commission; whereas in 2015, 191 petitioners attended and were involved in the Committee’s deliberations; whereas although this number seems relatively low, the meetings of the Committee on Petitions are broadcast, enabling petitioners to follow live discussions in real time by means of internet streaming;
Amendment 60 #
2016/2146(INI)
Motion for a resolution
Recital P
Recital P
P. whereas a specific way of handling petitions relating to the welfare of children has been adopted and a special working group created on the issue, and whereas the group was constituted on 17 September 2015, having elected Eleonora Evi as its chair on 17 September 2015;
Amendment 62 #
2016/2146(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas this working group has to report regularly to members of the Committee on Petitions on the work performed and on what has been achieved; whereas the mandate entails clear limitations in time and a specific remit, with the aim of concluding consideration of petitions;
Amendment 114 #
2016/2146(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Acknowledges that Parliament also has a crucial political role to play on the Commission's enforcement actions, by scrutinising the annual reports on monitoring the implementation of EU law and adopting relevant parliamentary resolutions; Calls on the EC to take account of the EP resolutions, tabled by the PETI Committee, which identify specific application and implementation gaps of the EU law on the basis of petitions and call on it to act accordingly and report back to the EP on its follow up. Moreover, calls on the Council and the EP to take specific actions in the adoption of the Regulation 2013 /0140 COD on an exemption of Drosophila melanogaster from veterinary checks at EU external border of, as suggested by Nobel Prize laureats (biochemistry professors) in by petition 1358/2011;
Amendment 118 #
2016/2146(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the fact that in 2015 the time taken to process petitions fell, maintains nonetheless that the Secretariat of the Committee on Petitions is in need of greater technical resources and personnel in order to guarantee a reduction in the time taken to process petitions; draws attention to the fact that the terms of the administrative reform of 2014 have been complied with, which require petitions that are admissible and that require deliberation to be processed, and the petitioner informed, within nine months of receipt at most;
Amendment 122 #
2016/2146(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Continues to consider it a particular obligation to ensure that, where petitions are inadmissible or unfounded, no disproportionately long delay occurs before they are declared inadmissible or are closed; emphasises in this context the requirement that the inadmissibility or closure of petitions on account of being unfounded must be carefully justified vis- à-vis the petitioners;
Amendment 129 #
2016/2146(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that, as mentioned by Vice- President Timmermans at his meeting with the Committee on Petitions on 5 May 2015, the Commission is involved with and committed to the petition process and responds as quickly as possible to new petitions forwarded to it by Parliament; points out that Commission replies are usually detailed and pertain to the petitions for which it has jurisdiction; recalls however that on many occasions the Commission does not bring any new information in its replies to petitions for which a review has been requested owing to a change in their status and context; notes that the written responses are monitored, as are explanations given during oral debates held by the Committee on Petitions; notes that when the Commission cannot provide a detailed response to a request from the Committee on Petitions, it is because it has no jurisdiction in the matter; notes the Commission’s commitment in sending generally competent officials to meetings of the Committee on Petitions; regrets that during public debates with petitioners and Members of Parliament the officials sent by the Commission do not provide any new or relevant information that might enable a solution to the issues raised;
Amendment 131 #
2016/2146(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Will take greater care in future to ensure that the Commission reports to Parliament regularly on the progress of infringement proceedings which have been brought against individual Member States, in order to facilitate better cooperation and to make it possible to inform the petitioners concerned about progress at an early stage;
Amendment 139 #
2016/2146(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Will take greater care in future to avoid giving the impression that petitions which seem to be of importance in connection with an election campaign in a Member State are assigned priority, whether with regard to the speed with which they are considered, with regard to planned fact-finding missions to the Member State in which an election is impending or with regard to deciding the topics to be placed on the agenda of the Committee on Petitions; reminds all concerned within Parliament of their special responsibility not to abuse the powers of the committee, and to avoid giving the impression of this particular form of partiality;
Amendment 140 #
2016/2146(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Acknowledges the impact of effective application of EU law on strengthening the credibility of the EU institutions; reminds that the Right to petition, enshrined in the Lisbon Treaty is an important element of European citizenship and a real barometer for monitoring the application of EU law and identifying possible loopholes. Calls on the PETI Committee to set up a regular meeting with the national committees on petitions in order to raise awareness of European citizens' concerns in the EU and in the Members States and strengthen further on their rights of through better European law making and implementation;
Amendment 166 #
2016/2146(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses that working groups which have been set up, particularly the Working Group on Child Welfare, must report on their work at regular intervals and that there is a clearly formulated mandate with limitations in time, which results in intensive processing of the cases to be considered; considers it important that the results of the work of the working group result in prompt completion of work on the petitions concerned;
Amendment 27 #
2016/0190(CNS)
Proposal for a regulation
Recital 18
Recital 18
(18) IParticular attention should be paid to the fact that, in exceptional cases, the authorities of the Member State of habitual residence of the child may not be the most appropriate authorities to deal with the case. In the best interests of the child, as an exception and under certain conditions, the authority having jurisdiction may transfer its jurisdiction in a specific case to an authority of another Member State if this authority is better placed to hear the case. However, in this case the second authority should not be allowed to transfer jurisdiction to a third authority.
Amendment 30 #
2016/0190(CNS)
Proposal for a regulation
Recital 23
Recital 23
(23) Proceedings in matters of parental responsibility under this Regulation as well as return proceedings under the 1980 Hague Convention should respect the child’s right to express his or her views freely, and when assessing the child’s best interests, due weight should be given to those views. The hearing of the child in accordance with Article 24(1) of the Charter of Fundamental Rights of the European Union and Article 12 of the United Nations Convention on the Rights of the Child plays an important role in the application of this Regulation. This Regulation is howeveremphatically not intended to set out how to hear the child, for instance, whether the child is heard by the judge in person or by a specially trained expert reporting to the court afterwards, or whether the child is heard in the courtroom or in another place.
Amendment 31 #
2016/0190(CNS)
Proposal for a regulation
Recital 26
Recital 26
(26) In order to conclude the return proceedings under the 1980 Hague Convention as quickly as possible, Member States should concentrate jurisdiction for those proceedings upon one or more courts, taking into account their internal structures for the administration of justice as appropriate. The concentration of jurisdiction upon a limited number of courts within a Member State is an essential and effective tool for speeding up the handling of child abduction cases in several Member States because the judges hearing a larger number of these cases develop particular expertise. Depending on the structure of the legal system, jurisdiction for child abduction cases could be concentrated in one single court for the whole country or in a limited number of courts, using, for example, the number of appellate courts as point of departure and concentrating jurisdiction for international child abduction cases upon one court of first instance within each district of a court of appeal. Every instance should give its decision no later than six weeks after the application or appeal has been lodged with it. Member States should limit the number of appeals possible against a decision granting or refusing the return of a child under the 1980 Hague Child Abduction Convention to one. Measures should also be taken to ensure that court judgments handed down in one Member State are recognised in another Member State. When a court judgment has been handed down, it should also be recognised throughout the Union, especially in the interests of children.
Amendment 35 #
2016/0190(CNS)
Proposal for a regulation
Recital 28
Recital 28
(28) In all cases concerning children, and in particular in cases of international child abduction, judicial and administrative authorities should consider the possibility of achieving amicable solutions through mediation and other appropriate means, assisted, where appropriate, by existing networks and support structures for mediation in cross-border parental responsibility disputes. Such efforts should not, however, unduly prolong the return proceedings under the 1980 Hague Convention. In addition, the expertise of ombudsmen should be better used and implemented.
Amendment 43 #
2016/0190(CNS)
Proposal for a regulation
Recital 46
Recital 46
(46) AIn special cases, an authority of a Member State contemplating a decision on parental responsibility should be absolutely entitled to request the communication of information relevant to the protection of the child from the authorities of another Member State if the best interests of the child so require. Depending on the circumstances, this may include information on proceedings and decisions concerning a parent or siblings of the child, or on the capacity of a parent to care for a child or to have access to the child.
Amendment 44 #
2016/0190(CNS)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
(1a) In order to simplify questions of competence, Member States shall designate a court at national level which shall negotiate all cross-border cases involving children.
Amendment 50 #
2016/0190(CNS)
Proposal for a regulation
Recital 18
Recital 18
(18) IParticular attention should be paid to the fact that, in exceptional cases, the authorities of the Member State of habitual residence of the child may not be the most appropriate authorities to deal with the case. In the best interests of the child, as an exception and under certain conditions, the authority having jurisdiction may transfer its jurisdiction in a specific case to an authority of another Member State if this authority is better placed to hear the case. However, in this case the second authority should not be allowed to transfer jurisdiction to a third authority .
Amendment 53 #
2016/0190(CNS)
Proposal for a regulation
Recital 23
Recital 23
(23) Proceedings in matters of parental responsibility under this Regulation as well as return proceedings under the 1980 Hague Convention should respect the child’s right to express his or her views freely, and when assessing the child’s best interests, due weight should be given to those views. The hearing of the child in accordance with Article 24(1) of the Charter of Fundamental Rights of the European Union and Article 12 of the United Nations Convention on the Rights of the Child plays an important role in the application of this Regulation. TIt should be stressed that this Regulation is however not intended to set out how to hear the child, for instance, whether the child is heard by the judge in person or by a specially trained expert reporting to the court afterwards, or whether the child is heard in the courtroom or in another place .
Amendment 53 #
2016/0190(CNS)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Where a person, institution or other body alleging a breach of rights of custody applies to the court in a Member State for a decision on the basis of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction ( ‘the 1980 Hague Convention’), ordering the return of a child that has been wrongfully removed or retained in a Member State other than the Member State where the child was habitually resident immediately before the wrongful removal or retention, Articles 22 to 26 shall apply. Calls for a support platform for EU citizens who are seeking the return of a child before courts in other Member States. In addition, EU citizens residing in other Member States where they are seeking the return of a child should be assisted by their respective representations.
Amendment 55 #
2016/0190(CNS)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) This Regulation is however not intended to set out how to hear the child, for instance, whether the child is heard by the judge in person or by a specially trained expert reporting to the court afterwards, or whether the child is heard in the courtroom or in another place, but in order to protect the fundamental rights at stake, provision should be made in any case for the hearing of the child to be recorded. The hearing of the child must provide all the guarantees that allow to preserve the emotional integrity and the best interest of the child. Both holders of parental responsibility and their legal advisors must have the opportunity to see the hearing recorded.
Amendment 56 #
2016/0190(CNS)
Proposal for a regulation
Recital 26
Recital 26
(26) In order to conclude the return proceedings under the 1980 Hague Convention as quickly as possible, Member States should concentrate jurisdiction for those proceedings upon one or more courts, taking into account their internal structures for the administration of justice as appropriate. The concentration of jurisdiction upon a limited number of courts within a Member State is an essential and effective tool for speeding up the handling of child abduction cases in several Member States because the judges hearing a larger number of these cases develop particular expertise. Depending on the structure of the legal system, jurisdiction for child abduction cases could be concentrated in one single court for the whole country or in a limited number of courts, using, for example, the number of appellate courts as point of departure and concentrating jurisdiction for international child abduction cases upon one court of first instance within each district of a court of appeal. Every instance should give its decision no later than six weeks after the application or appeal has been lodged with it. Member States should limit the number of appeals possible against a decision granting or refusing the return of a child under the 1980 Hague Child Abduction Convention to one. Measures should also be taken to ensure that court judgments handed down in one Member State are recognised in another Member State. When a court judgment has been handed down, it must also be recognised throughout the European Union, especially in the interests of children.
Amendment 58 #
2016/0190(CNS)
Proposal for a regulation
Article 63 – paragraph 1 – point e a (new)
Article 63 – paragraph 1 – point e a (new)
(ea) They shall inform the holders of parental responsibility about legal aid and assistance, for example about specialised bilingual lawyers, in order to prevent holders of parental responsibility giving their consent without having understood the scope of their consent.
Amendment 60 #
2016/0190(CNS)
Proposal for a regulation
Article 65 – paragraph 1 a (new)
Article 65 – paragraph 1 a (new)
(1a) Social workers and other staff of authorities dealing with the cross-border placement of children in homes or with foster families shall receive training to raise their awareness of the issues involved.
Amendment 61 #
2016/0190(CNS)
Proposal for a regulation
Article 65 – paragraph 1 b (new)
Article 65 – paragraph 1 b (new)
(1b) Member States shall guarantee the parents regular right of access, except where this would jeopardise the well- being of the child.
Amendment 62 #
2016/0190(CNS)
Proposal for a regulation
Recital 28
Recital 28
(28) In all cases concerning children, and in particular in cases of international child abduction, judicial and administrative authorities should consider the possibility of achieving amicable solutions through mediation and other appropriate means, assisted, where appropriate, by existing networks and support structures for mediation in cross-border parental responsibility disputes. Such efforts should not, however, unduly prolong the return proceedings under the 1980 Hague Convention. In addition, the expertise of ombudsmen should be better used and implemented.
Amendment 62 #
2016/0190(CNS)
Proposal for a regulation
Article 65 – paragraph 4 a (new)
Article 65 – paragraph 4 a (new)
Amendment 82 #
2016/0190(CNS)
Proposal for a regulation
Recital 46
Recital 46
(46) AIn special cases, an authority of a Member State contemplating a decision on parental responsibility should be absolutely entitled to request the communication of information relevant to the protection of the child from the authorities of another Member State if the best interests of the child so require. Depending on the circumstances, this may include information on proceedings and decisions concerning a parent or siblings of the child, or on the capacity of a parent to care for a child or to have access to the child.
Amendment 123 #
2016/0190(CNS)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2 a (new)
Article 12 – paragraph 1 – subparagraph 2 a (new)
In so far as the protection of the best interests of the child so requires, the authority having taken the protective measures shall inform the authority of the Member State having jurisdiction under this Regulation as to the substance of the matter, either directly or through the Central Authority designated pursuant to Article 60. This authority must ensure that the parents involved in the proceedings are thoroughly informed without delay about all the measures in question, in a language they understand.
Amendment 24 #
2015/2041(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas without a binding definition of lobbying no binding rules on lobbying can be adopted;
Amendment 29 #
2015/2041(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 80 #
2015/2041(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that an amendment should introduce mandatory monthlyprompt updates on lobby expenditures;
Amendment 86 #
2015/2041(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 92 #
2015/2041(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reiterates its call to the Council to join the lobby register as soon as possible; considers it regrettable that the Council has still not adopted a code of conduct for its members; considers that all EU institutions should reach agreement on a common code of conduct; insists that the Council must be just as accountable and transparent as the other institutions; (Partially quoted from the opinion of the Committee on Budgetary Control)
Amendment 121 #
2015/2041(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Asks the Bureau, in accordance with Article 15 TFEU and Article 11 TEU, to restrict access to Parliament’s premises for non-registered organisations or individuals by making all visitors to its premises sign a declaration that they are not lobbyists falling within the scope of the register or otherwise declare their registration;
Amendment 139 #
2015/2041(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that at least 5 % of declarations should be checked each year on the basis of random sampling;
Amendment 150 #
2015/2041(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that representations of national, regional and local governments should not fall under the EU lobby register if they have their own mandatory lobby register and do not offer workspace for private or corporate actors within their representations, and their respective umbrella organisations, should not fall under the EU lobby register;
Amendment 165 #
2015/2041(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that three members of the Advisory Committee chosen from among Members of the European Parliament should be complemented by a majority of externally chosen members who must be qualified experts in the fieldtwo external former Members or former judges from the Court of Justice of ethics regulation and should be drawn from an open call and include members of civil societye EU, likewise chosen by Parliament;
Amendment 188 #
2015/2041(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 241 #
2015/2041(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 275 #
2015/2041(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Supports the Ombudsman’s call for entry in the lobby register to be made a requirement forexpected in the case of appointment to expert groups provided that the Members concerned are not government officials and do not receive all or the vast majority of their other income from state institutions such as universities;
Amendment 285 #
2015/2041(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 313 #
2015/2041(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Considers that Regulation (EC) No 1049/2001 should be updated as a matter of urgencyevaluated, as required by the Treaty of Lisbon, by widening its scope to encompass all EU institutions, bodies, offices and agencies currently not covered, such as the European Council, the European Central Bank, the European Court of Justice, Europol and Eurojustand that consideration should be given to both the drawing up of a document and its scope with a view to the EU institutions, bodies, offices and agencies currently not covered;
Amendment 327 #
2015/2041(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Believes that Parliament’s right of access, and that of its political groups and Members, to the documents of other EU institutions should never be regarded as weaker than that of individual citizens, under Regulation (EC) No 1049/2001 and Article 15 TFEU;
Amendment 337 #
2015/2041(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 375 #
2015/2041(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Deems it unacceptable that Parliament has less, or less open, access to documents in trade negotiations than some members of national parliamentsWelcomes the fact that Parliament now has comprehensive access to documents in relevant negotiations (as in the case of TTIP) and calls for similar access to documents in other negotiations as well (such as the negotiations on the recent climate summit in Paris); welcomes the Commission’s efforts towards greater transparency in this area;
Amendment 379 #
2015/2041(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls onWelcomes the fact that the Commission tois putting into practice all the Ombudsman’s recommendations in favour of more transparency in trade negotiations;
Amendment 384 #
2015/2041(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Recognises the progress made in the transparency of trade negotiations, but insists that these advances with respect to TTIP must be extended to all trade negotiations referred to in paragraph 37;
Amendment 392 #
2015/2041(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Believes that, when the Commission engages in trade negotiations, it should publish theits negotiation mandates, and all negotiating positions, all requests and offers and all consolidated draft negotiation texts prior to each negotiation round, sorelevant texts concerning negotiations in which it is involved, provided that the negotiating position is not weakened as a result; considers it desirable that the European Parliament and national parliaments, as well as civil society organisations and the wider public, canshould be able to make recommendations thereon before the negotiations are closed for comments and the agreement goes to ratification;
Amendment 401 #
2015/2041(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Calls on the Commission to propose an interinstitutional agreement in order to codify those principles for all trade negotiations;
Amendment 412 #
2015/2041(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Believes that decisions taken or prepared in the Eurogroup, in the Economic and Financial Committee, ‘informal’ Ecofin Council meetings and Euro summits, or in the run-up to negotiations in contexts similar to, say, the recent Paris Climate Conference, must become as transparent and accountable, including through the publication of their minutess possible, without undermining the EU negotiating position, and must also satisfy the requirement of accountability;
Amendment 436 #
2015/2041(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Believes that the ongoing review of EU election law should include a rule that persons found guilty of corruption against the EU’s financial interests or within Member States may not run for office in the next two terms of the European Parliamentnominations of candidates within parties must be carried out in secret, and with a proper say for the members, and that persons convicted by a final judgment of corruption against the EU’s financial interests or within Member States will forfeit the right to stand for election for a period commensurate with the seriousness of the offence;
Amendment 442 #
2015/2041(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Believes that persons or companies led or owned by such persons who are found guilty of corruption in the EUconvicted by a final judgment of corruption in the EU or companies led by persons who committed acts of corruption for the benefit of their company and have been convicted by a final judgment on those grounds should, for at least three years, not be allowed to enter into procurement contracts with the European Union or be allowed to profit from EU funds;
Amendment 456 #
2015/2041(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Calls on the Commission to draw up a framework regulation relating to all EU agencies, under which Parliament will be granted codecision powers in the election or dismissal of directors of such agencies and a direct right to question and hear them;
Amendment 51 #
2015/2035(INL)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the procedure for nominating candidates for elections to the European Parliament varies considerably from Member State to Member State and from party to party, in particular as regards transparency and democratic standards;
Amendment 65 #
2015/2035(INL)
Motion for a resolution
Recital N
Recital N
N. whereas although Article 10(2) of the Electoral Act expressly prohibits the early publication of the results of elections, such results have been made public in the past; whereas a harmonised time for the close of polling in all Member States, and at least for the submission of postal votes, would contribute strongly to the common European character of the European elections and would reduce the possibility of their outcome being influenced if election results in some Member States are made public before the close of polling in all Member States;
Amendment 93 #
2015/2035(INL)
Motion for a resolution
Recital R
Recital R
Amendment 101 #
2015/2035(INL)
Motion for a resolution
Recital T
Recital T
T. whereas first projections of the electoral results should be announced simultaneously in all Member States on the last day of the election period at 210:00 hours CET;
Amendment 104 #
2015/2035(INL)
Motion for a resolution
Recital T a (new)
Recital T a (new)
Ta. whereas the current system for the allocation of seats is not based on the proper application of the principle of degressive proportionality;
Amendment 109 #
2015/2035(INL)
Motion for a resolution
Recital T b (new)
Recital T b (new)
Tb. whereas a fixed electoral period for the European elections would increase voter interest; whereas a fixed period which includes as few national holidays as possible would boost turnout;
Amendment 127 #
2015/2035(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Proposes that the visibility of European political parties be enhanced by placingmaking it possible for their names and logos to be placed on the ballot papers, and recommends that the same should also appear on posters and other material used in European election campaigns, since those measures would render European elections more transparent and improve the democratic manner in which they are conducted, as citizens will be able to clearly link their vote with the impact it has on the size of a European political group in the European Parliament;
Amendment 137 #
2015/2035(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Proposes that procedures for nominating candidates for the European elections must meet minimum standards as regards transparency and intra-party democracy; recommends that national parties should be required to hold democratic elections to choose their candidates for European elections;
Amendment 153 #
2015/2035(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Proposes that elections in all Member States end by 210:00 hours CET on the Sunday of the European elections, as this would ensure the correct application of Article 10(2) of the Electoral Act and thus reduce the possibility of the outcome of the elections being influenced if the election results in some Member States are made public before the close of polling in all Member States;
Amendment 157 #
2015/2035(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 177 #
2015/2035(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 185 #
2015/2035(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 199 #
2015/2035(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Determines to give Parliament the right to fix the electoral period for elections to the European Parliament after consulting the Council, and proposes that this period should always end on the second Sunday in May;
Amendment 200 #
2015/2035(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Proposes that the current system for allocating seats in the European Parliament should be reviewed with the aim of devising a reliable method of calculating the number of seats to which each Member State is entitled;
Amendment 234 #
2015/2035(INL)
Article 3 b (new)
Article 3b Member States shall allow national parties to have information about their membership of European political parties included on the ballot paper.
Amendment 258 #
2015/2035(INL)
Article 10 – paragraph 1
Elections to the European Parliament shall be held on the date and at the times fixed by each Member State; for all Member States this date shall fall within the same period starting on a Thursday morning and ending on the followingin all Member States within the same period starting on a Thursday morning and ending on the following Sunday. The Sunday in question shall always be the second Sunday in May. The election shall end in all Member States at the latest at 20:00 hours CET on that Sunday.
Amendment 263 #
2015/2035(INL)
Article 10 – paragraph 2
2. Member States may not officially make public the results of their count until after the close of polling in the Member State whose electors are the last to vote within the period referred to in paragraph 1. Prior to this no exit poll-based forecasts may be published either.
Amendment 264 #
2015/2035(INL)
Article 10 – paragraph 2 a (new)
2a. The counting of postal votes shall begin in all Member States once the polls have closed in the Member State whose voters vote last within the period referred to in paragraph 1.
Amendment 266 #
2015/2035(INL)
Article 11 – paragraph 2 – subparagraph 2
Amendment 132 #
2014/2248(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, while Article 16 of the TSCG provides that within five years of the date of entry into force (before 1 January 2018) the necessary steps must have been taken to incorporate the Fiscal Compact into the legal framework of the Union, it is clear that the resilience of the euro area, including the completion of the banking union, cannot be achieved without further fiscal deepening steps together withsteps towards the establishment of a more reliable, effective and democratic form of governance; whereas this will complete the current Stability and Growth Pact, which, ever since it came into existence, even after its reform by the so- called six-pack and two-pack, has never been applied for any obvious political reasons;
Amendment 167 #
2014/2248(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the European Union is a constitutional system based on the rule of law; whereas the Treaties musthad to be changed to give the European Court of Justice (ECJ) jurisdiction over all aspects of EU law, in particular common foreign and security policy (Article 24(1) TEU) and monetary and economic policy (Article 126(10) TFEU);
Amendment 209 #
2014/2248(INI)
Motion for a resolution
Recital P
Recital P
P. whereas these changes in the Union’s primary law have become unavoidable, as regrettablyare controversial, as none of the ‘passerelle clauses’ provided for in the Lisbon Treaty with a view to facilitating the reform of the Union’s governance have been deployed, and are unlikely to be so in the present circumstances; whereas this is in sharp contrast with the attitude of the European Council in the matter of the envisaged reduction in the number of members of the European Commission, where the ‘let-out’ clause was used instantly;
Amendment 232 #
2014/2248(INI)
Motion for a resolution
Recital R
Recital R
R. whereas, finally, the urgency for reform of the Union has been dramatically increased by the United Kingdom’s decision, through a referendum, to leave the European Union has brought in a period of reflection which must urgently be used to sound out acceptance for potential solutions; whereas it is crystal clear that the negotiations to set out the arrangements for the UK’s withdrawal also need to take account of the framework for its future relationship with the Union; whereas this agreement must be negotiated in accordance with Article 218(3) TFEU and be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament;
Amendment 253 #
2014/2248(INI)
Motion for a resolution
Recital S
Recital S
S. whereas the UK’s decision creates an opportunity to reduce and drastically simplify the ‘variable geometry’ and complexity of the Union; whereas it offers at least the opportunity to clarify what membership of the Union really means; and what could beereas a clear structure is necessary in the future for the EU’s relationship with non- members in our periphery (the United Kingdom, Norway, Turkey, Ukraine, etc.); whereas the founding fathers of the Union had already envisaged a type of ‘associate status’;
Amendment 261 #
2014/2248(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the time of crisis management by means of ad hoc and incremental decisions has passed, as it only leads to measures that are too little, too late; is convinced that it is now time to carry out a period of profound reflection on how to address the shortcomings of the governance of the European Union by undertaking, in which the short and medium term focus must be on solutions which can be realised within the existing Treaties; notes that there is no support at this time for a comprehensive, in-depth reform of the Lisbon Treaty amongst the governments of the Member States;
Amendment 388 #
2014/2248(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Proposes that the next revision of the Treaties should rationalise the current disorderly ‘variable geometry’ , i.e. ‘l’Europe à la carte’, by ending the disruptive practice of opt-outs, opt-ins and exceptions;
Amendment 405 #
2014/2248(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends that , instead of the multiple derogations currently in effect, a type of ‘associate status’ could be proposed to those states in the periphery that only want to participate on the sideline, i.e. in some specific Union policies; this status should be accompanied by obligations corresponding to the associated rights;
Amendment 416 #
2014/2248(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that this new type of ‘associate status’ could also be one of the possible outcomes to respect the will of the majority of the citizens of the United Kingdom to leave the EU; stresses that this wish must be respected, given that the withdrawal of the United Kingdom, as one of the larger Member States, and as the largest non-euro-area member, affects the strength and the institutional balance of the Union – a new situation that adds to the need for revision of the Treaties;
Amendment 486 #
2014/2248(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that neither the Stability and Growth Pact norand the ‘no bail-out’ clause (Article 125 TFEU) provide the intended solutions, and that they have furthermore lost credibility in their current form, as the pact has been infringed by several Member States without political or legal consequences, while Greece has been bailed out on a large scale on three occasionsform a stable framework for economic control, but is concerned, as the pact has been infringed by several Member States without political or legal consequences, and considers that, above all because of excessive deficits in several Member States, macroeconomic adjust programmes were necessary;
Amendment 495 #
2014/2248(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Acknowledges the improvements brought by the European Semester, the six- pack and the two-pack aimed at addressing these issues, but concludes that they have not solved the problems; believes, moreover, that they have contributed to making the system overly complex, are not binding with regard to country-specific recommendations and do not cover spill- over effects between one Member State and another, or to the euro area or the EU as a wholemust be used and consistently implemented;
Amendment 523 #
2014/2248(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is acutely aware of the need to review the efficacy of the many recent crisis- management measures taken by the EU, and is considering whether it is necessary to codify in primary law certain decision- making procedures – such as ‘reverse qualified majority voting’ – as well as the need to entrench the legal bases of the new regulatory framework for the financial sector; agrees with the Five Presidents’ Report that the ‘open method of coordination’ as the basis for Europe’s economic strategy does not function and needs to be elevated into binding legal actsneeds to be better coordinated;
Amendment 533 #
2014/2248(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Proposes therefore merging the deficit and debt procedures, the macroeconomic imbalance procedure and the country-specific recommendations into a single ‘convergence code’ of a legally binding nature, setting minimum and maximum standards , where only compliance with this code would allow access to EU funds for investment projects or participation in new instruments that combine economic reform with fiscal incentives such as a fiscal capacity for the euro area or a common debt instrument; the coordination of economic policies as provided for in Article 5 TFEU would therefore become a ‘shared competence’ between the Union and the Member Statea ‘convergence code’, where only compliance with this code would allow access to EU funds for investment projects or participation in new instruments that combine economic reform with fiscal incentives such as the programme to support structural reforms;
Amendment 547 #
2014/2248(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 576 #
2014/2248(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses , however, that conditionality in thisany new debtincentive instrument will only be credible if complemented by an insolvency procedure for sovereigns, which will not only provide predictability to the markets in the event of an insolvent state, but also safeguard market discipline for both Member States and private creditors;
Amendment 590 #
2014/2248(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the integration of the Fiscal Compact into the EU legal framework as well asnd notes that the incorporation of the ESM and the Single Resolution Fund into EU law, wiwould only be possible by turning away from the courresponding democratic oversight by Parliamentnt principles of economic control;
Amendment 595 #
2014/2248(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 626 #
2014/2248(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that, because compliance with the new code is crucial to the functioning of the Economic and Monetary Union, stronger governmental instituobligations and implementations are required than those currently provided by the Commission and/or the Eurogroup;
Amendment 656 #
2014/2248(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers it necessary to endow the Finance MinisterCommission with proportionate powers to intervene in the setting of national economic and fiscal policies in cases where the convergence code is not respected, and the power to use the fiscal capacity or the common bond instrument for those Member States that are compliant with the convergence codeStability and Growth Pact is not respected;
Amendment 673 #
2014/2248(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers it necessary to endow the European Central Bank with the status of lpreserve the independernce of last resort enjoying the full powers of a federal reserve bthe European Central Bank;
Amendment 679 #
2014/2248(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 704 #
2014/2248(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls, finally, for the banking union to be completed as soon as possible on the basis of a fast-track timelinegradually completed;
Amendment 724 #
2014/2248(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recognises the geopolitical, economic need for a genuine Europeand environmental need for the creation of a genuine European energy union; notes that this will require the removal of the constraint that EU policy must not affect a state’s right toergy union to be created for European citizens, which is based on energy efficiency and renewable sources; notes that this could lead to a gradual elimination of national flexibility regarding the determineation of the conditions for exploiting itsof use of energy sources, wits choice between different energyh a view to achieving the objectives of increasing renewable sources andin the general structure of ita state’s energy supply (Article 194(2), paragraph 2, TFEUE);
Amendment 787 #
2014/2248(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Is of the opinion, while reiterating that more progress could and should be made under the terms of the Lisbon Treaty, including as regards use of the provisions to act by qualified majority voting, that the Vice-President / High Representative should be named EU Foreign Minister and be supported in her efforts to become the main external representative of the European Union in international fora, not least at the level of the UN; considers it essential that, owing to the broad and heavy workload, the Foreign Minister should be able to appoint political deputies; proposes a review of the functionality of the current European External Action Service;
Amendment 864 #
2014/2248(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Reiterates its call for the size of the renewed Commission to be reduced substantially and for itsthe number of vice- presidents to be reduced to two: the Finance Minister and the Foreign Minister; suggests that the same reduction be applied to the Court of Auditors;
Amendment 874 #
2014/2248(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Welcomes the successful new procedure whereby European political parties promote their top candidates for the President of the European executive, but believes that they should be able to stand during the next elections as official candidates in all Member States; proposes, therefore, following its legislative proposal on the reform of the electoral law of the European Union, empowering the electorate by giving them two votes, one for the national or regional lists and a second one for the European party lists; these European lists will be headed by the parties’ nominees to become President of the European executive or government and will be composed of candidates drawn from at least one third of the Member States;
Amendment 914 #
2014/2248(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Notes that, despite the prohibition in Article 15(1) TEU, the European Council has undertaken various legislative initiatives; proposes abolishing Article 15(1) and integrating the European Council into a Council of States that could engage legitimately in the law- making process and provide direction and coherence to the other specialised Council configurations, and expressly calls for compliance with Article 15(1);
Amendment 937 #
2014/2248(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Stresses that, following the creation of the role of EU Finance Minister, the Eurogroup should be considered as a specialised configuration of the Council with legislative and control functions but no executive tasks;
Amendment 1013 #
2014/2248(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Believes, finally, that the current Treaty ratification procedure is too rigid to befit such a supranational polity as the European Union; proposes allowing amendments to the Treaties to come into force if not by an EU-wide referendum then after being ratified by a qualified majority of four-fifths of the Member States, having obtained the consent of Parliament; correspondingly, once this threshold has been met, Member States which still decline to ratify the amended Treaty should decide, in accordance with their own constitutional requirements, whether to start the process of secession or to opt for an associate statuvery lengthy and linked with political uncertainties;
Amendment 1036 #
2014/2248(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Is of the opinion that the 60th anniversary of the Treaty of Rome would be an appropriate moment to modernise the European Union and to start a Convention with the purpose of making the European Union ready for the decades ahead;
Amendment 32 #
2014/2218(INI)
Motion for a resolution
Recital G
Recital G
G. whereas each petition is carefully assessed and dealt with, efficiently, promptly and transparently assessed and dealt with in a manner that preserves the participatory rights of the Members of the Committee on Petitions and each petitioner has the right to receive a reply within a reasonable period of time;
Amendment 38 #
2014/2218(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas an efficient and prompt processing of petitions must be guaranteed, including during the transition between legislative terms and the subsequent changes in personnel;
Amendment 39 #
2014/2218(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas it is primarily in the interest of admissible and well-founded petitions for the work of the Committee on Petitions of the European Parliament not to be burdened with dealing with inadmissible or unfounded petitions for an unduly long period of time.
Amendment 40 #
2014/2218(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas there is currently a grey area between the admissibility of a petition and the question of whether it is well-founded, on the one hand, and between keeping a petition open and closing it, on the other hand, not only for the petitioners, but also with regard to what is to be addressed by the European institutions.
Amendment 52 #
2014/2218(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas it is worrying that attempts are occasionally made, through the filing of petitions, to use the work of the Committee on Petitions as an extension of national election campaigns;
Amendment 69 #
2014/2218(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the European Citizens’ Initiative (ECI) is an extraordinary and innovative tool for participatory democracy in the European Union, whose potential must be exploited fully and unreservedly and further enhanced in order to achieve the best results;
Amendment 93 #
2014/2218(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Also considers it a particular obligation to ensure that inadmissible or unfounded petitions are not declared inadmissible or are not closed for an unjustifiably long period of time; emphasises in this context the requirement that the inadmissibility or closure of petitions on account of being unfounded must be carefully justified vis-à-vis the petitioners.
Amendment 94 #
2014/2218(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Committee on Petitions and, if necessary, the Parliament committees responsible for amending the Rules of Procedure to more clearly structure the distinction between admissibility and whether a petition is well-founded and between keeping a petition open or closing it, and also to make this structure apparent to potential petitioners.
Amendment 95 #
2014/2218(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the Commission’s significant role in assisting with cases raised by petitioners, and calls on it to monitor proactively certain projects reported by petitioners in which there is well-founded evidence that EU law may be breached; calls on the Commission, as guardian of the Treaties, to remedy those cases of incorrect transposition of EU law or of failure to transpose EU law reported in a large number of petitions filed with Parliament; also calls on the Commission to be less hesitant to make use of the initiation of infringement proceedings in this regard; emphasises that the impression that greater account is taken of larger Member States when infringement proceedings are initiated must be counteracted; calls on the Commission to keep the Committee on Petitions informed of developments in infringement proceedings directly linked to any one petition;
Amendment 104 #
2014/2218(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
(a) considers it essential that high-ranking officials of the Commission or the responsible commissioner personally participates in the discussions of the Committee on Petitions in important cases.
Amendment 109 #
2014/2218(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers it essential that cooperation with the parliaments, their relevant committees, and governments of Member States be strengthened and that Member State authorities be encouraged to be fully transparent in transposing and applying EU law; stresses the importance of collaboration with the Commission and the Member States and welcomes the presence of representatives of some Member States at meetings;
Amendment 114 #
2014/2218(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. In the future, greater attention will be paid to avoiding the impression that petitions that appear to be important in the context of an election campaign in a Member State are treated with preference, whether that be with regard to the speed of processing or with regard to the opportunities in terms of presentation and awareness afforded by the processing; reminds all the stakeholders within Parliament of their particular responsibility to avoid the impression of this particular type of partiality.
Amendment 139 #
2014/2218(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 158 #
2014/2218(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls for a common approach by the European Parliament, the national parliaments and the lower levels of the Member States, with appropriate appeal bodies, in order to make it transparently clear to citizens which level and which instance can by addressed by their petitions, and shall make every effort with his own policies to explain this matter, in the most comprehensive way possible, to citizens who have selected the objectively incorrect level with a petition to the European Parliament, and to provide those citizens with advice regarding where the petition can be effectively filed.
Amendment 164 #
2014/2218(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that fact-finding visits are one of the most important investigation tools the Committee on Petitions has, even though there were none during 2014; calls on Greece to take note of the recommendations made in onsiders it essential that, particularly withe report on the fact-finding visit on wastgard to the necessary fact-finding missions, the cfollection and the siting of lowing-up of petitions does not come to a standfstills, in Greece, which was adopted in committee in February 2014;cluding between re-elections and reconstitution of Parliament, and calls on the Ccommission to monitor carefully the use made of funds allocated to waste collection; calls on Member States to comply with the EU directives on recycling waste;ttees of Parliament to make appropriate arrangements.
Amendment 168 #
2014/2218(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on Greece to take note of the recommendations made in the report on the fact-finding visit on waste collection and the siting of landfills in Greece, which was adopted in committee in February 2014; calls on the Commission to monitor carefully the use made of funds allocated to waste collection; calls on the Member States to comply with the EU directives on recycling waste;
Amendment 171 #
2014/2218(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Attaches great importance to the presence and active cooperation of representatives of the Member States during meetings of the Committee on Petitions; welcomes the presence of representatives from the public authorities of the Member State concerned, their participation and their active cooperation, with particular reference to the representatives of certain Member States such as Greece, Italy and Spain; encourages other Member States to follow their example and set an example via the presence of government representatives, where appropriate;
Amendment 12 #
2014/2010(ACI)
Proposal for a decision
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that in any event, a further evaluation of the Transparency Register should be completed before the end of 2017 at the latest;
Amendment 14 #
2014/2010(ACI)
Proposal for a decision
Paragraph 7 – indent 1 a (new)
Paragraph 7 – indent 1 a (new)
– performance, or any active promotion, of activities in the field of communication with the institutions and their Members or staff which are liable to impair the functionality of the institutions’ communication systems, particularly in cases where such activities are performed anonymously;
Amendment 25 #
2014/2010(ACI)
Proposal for a decision
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes that, in some Member States, statutory provisions exist on the rules governing the exercise of professions, which in particular objectively prevent lawyers’ firms from having themselves entered in the Transparency Register and in the process revealing the information about their clients which the Register requires; also, however, perceives a substantial risk in the circumstance that these statutory provisions can also be abused to avoid publishing information required for a correct entry in the register; welcomes, in this connection, the perceptible readiness of professional organisations to work in partnership to ensure that, in the interests of the profession, such withholding of information is confined exclusively to what the legislation objectively permits; calls on the Commission and the President of Parliament to secure a practical outcome from this readiness and as soon as possible to enshrine a result in the amended agreement;
Amendment 1 #
2013/2180(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
(6a) Calls on the Commission to step up its efforts to enforce youth and consumer protection provisions; calls for the same data protection requirements to apply to all media and communication service providers on the territory of the European Union;
Amendment 2 #
2013/2180(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
(6b) Takes the view that any exchange of data taking place in the background must be visible to consumers; urges that consumers must be able to alter their privacy settings easily and at any time;
Amendment 3 #
2013/2119(INI)
1a. Points out that petitions submitted by European Union citizens refer to violations of EU law, particularly in the fields of fundamental rights, environment, internal market and property rights; considers that petitions give evidence that there are still frequent and widespread instances of incomplete transposition or of misapplication of EU law;
Amendment 7 #
2013/2119(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that, by discussing petitions, the Committee on Petitions helps to draw attention to the misapplication of EU law; proposes that Member State representatives might be present during these discussions in the committee;
Amendment 9 #
2013/2119(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 17 #
2013/2119(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 21 #
2013/2119(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that citizens, businesses and other stakeholders expect a simple and, predictable and reliable regulatory framework; indicates that excessive as well as too few regulation disrupts competitiveness and retards the growth of economy; points, therefore, to the need of a reduction in bureaucracy and administrative burdens and calls on the Commission to identify the pieces of legislation where regulatory costs can be reduced;
Amendment 26 #
2013/2119(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 32 #
2013/2119(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Welcomes the case law of the European Court of Justice on the interpretation of Article 51 of the Charter of Fundamental Rights of the European Union, which emphasises in respect of the Equal Rights Trust that the institutions of the Member States shall be bound by the overriding fundamental rights of the Union even if they wish to use national measures to restrict the fundamental freedoms guaranteed by the Treaty on the Functioning of the EU (TFEU);
Amendment 35 #
2013/2119(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Welcomes the fact that all the Member States are taking part in EU Pilot; hopes that this will lead to a further reduction in infringement proceedings; calls for more to be done to inform citizens about EU Pilot;
Amendment 37 #
2013/2119(INI)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to take stronger action against the late transposition of directives; encourages the Commission to make more use of penalty payments; stresses the importance of linking new legislation to correct implementation in the Member States, in view of the late transposition of EU law in some of the Member States;
Amendment 40 #
2013/2119(INI)
Draft opinion
Paragraph 15
Paragraph 15
Amendment 16 #
2013/2031(REG)
Rule 6 – paragraph 1
1. In the exercise of its powers in respect of privileges and immunities, Parliament shall seek primarily to uphold its integrity as a democratic legislative assembly and to secure the independence of its Members in the performance of their duties. Parliament may not waive the immunity provided for in Article 8 of the Protocol on the Privileges and Immunities of the European Union.
Amendment 16 #
2013/2031(REG)
Rule 5 – paragraph 1 a (new)
1a. Parliamentary immunity is not a Member’s personal privilege, but a guarantee of the independence of Parliament as a whole and its Members.
Amendment 18 #
2013/2031(REG)
Rule 6 – paragraph 1 b (new)
1b. Acting on its own initiative or at the request of the Member concerned, Parliament may, at any stage of the procedure, review a decision to waive or defend immunity if the circumstances giving rise to an earlier decision have materially altered or if, given the course of the procedure to date, such action seems warranted.
Amendment 19 #
2013/2031(REG)
Rule 6 a (new)
Rule 6a Defence of privileges and immunity 1. In cases where the privileges and immunities of a Member or former Member are alleged to have been breached by the authorities of a Member State, a request for a Parliament decision as to whether there has, in fact, been a breach of those privileges and immunities may be made in accordance with Rule 7(-1). 2. In particular, such a request for the defence of privileges and immunities may be made if it is considered that the circumstances constitute an administrative or other restriction imposed on the free movement of Members travelling to or from the place of meeting of Parliament or on an opinion expressed or a vote cast in the performance of the mandate or that they fall within aspects of Article 9 of the Protocol on Privileges and Immunities of the European Union. 3. A request for the defence of the privileges and immunities of a Member shall not be admissible if a request for the waiver or defence of that Member’s immunity has already been received in respect of the same legal proceedings, whether or not a decision has been taken at that time. 4. No further consideration shall be given to a request for the defence of the privileges and immunities of a Member if a request for the waiver of that Member’s immunity is received in respect of the same legal proceedings. 5. In cases where a decision has been taken not to defend the privileges and immunities of a Member, the Member may make a request to reconsider the decision, submitting new evidence. The request for reconsideration shall be inadmissible if proceedings have been instituted against the decision under Article 263 TFEU, or if the President considers that the new evidence submitted is not sufficiently substantiated to warrant reconsideration.
Amendment 20 #
2013/2031(REG)
Rule 7 – paragraph -1 (new)
-1. A competent authority of a Member State may address a request to the President to waive a Member’s immunity; a Member or a former Member may address a request to the President to defend privileges and immunities. Such requests shall be announced in Parliament and referred to the committee responsible.
Amendment 21 #
2013/2031(REG)
Rule 7 – paragraph 12 a (new)
12a. The committee shall lay down principles for the application of this Rule.
Amendment 22 #
2013/2031(REG)
Rule 6 a (new)
Defence of immunity 1. In cases where the privileges and immunities of a Member or former Member are alleged to have been breached by the authorities of a Member State, a request may be made for a Parliament decision as to whether there has, in fact, been a breach of those privileges and immunities. That decision shall invite the authority concerned to draw the necessary conclusions. 2. In particular, a request for the defence of immunity or privileges may be made if it is considered that the circumstances constitute an administrative or other restriction imposed on the free movement of Members travelling to or from the place of meeting of Parliament or an opinion expressed or a vote cast in the performance of the mandate or fall within aspects of Article 9 of the Protocol on Privileges and Immunities. 3. Acting on its own authority or at the request of the Member concerned, Parliament may, at any stage of the procedure, review a decision to waive or defend immunity if the circumstances giving rise to an earlier decision have materially altered or if, given the course of the procedure to date, such action seems warranted.
Amendment 1 #
2013/2013(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, subject to Protocol 30 of the Treaty, the Charter of Fundamental Rights of the European Union has already acquired legally binding force through the entry into force of the Treaty of Lisbon1 ; whereas the right of citizens to submit petitions to the European Parliament has already been enshrined in the Treaty since the entry into force of the Maastricht Treaty on 1 November 1993; whereas Parliament objects to the restrictive interpretation of the scope of application of the Charter put forth by the European Commission; whereas the same Treaty also establishes the legal basis for the EU to accede to the European Convention on Human Rights, as well as the European Citizens’ Initiative;
Amendment 9 #
2013/2013(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 52 #
2013/2013(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas individuals and local communities, as well as voluntary organisations and businesses, are well placed to assess the effectiveness of European legislation as it applies to them, and to signal possible loopholes that need to be analysed in order to ensure better, more uniform and comparable implementation of EU law in all the Member States;
Amendment 53 #
2013/2013(INI)
Motion for a resolution
Recital O b (new)
Recital O b (new)
Ob. whereas the Judgment of 14 September 2011 in Case T-308/07 made it clear that procedural decisions by Parliament in petition cases are also subject to judicial review;
Amendment 54 #
2013/2013(INI)
Motion for a resolution
Recital O c (new)
Recital O c (new)
Oc. whereas the efficiency of the Committee’s work is largely the result of swiftness and thoroughness, and this could be improved further, in particular by optimising the time taken to process petitions and by systematising the procedure for their assessment;
Amendment 65 #
2013/2013(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that an interactive guide placed on the Internet by the European Parliament, by analogy with what the European Ombudsman has placed on the Internet, could reduce the number of petitions submitted which do not fall within the field of activity of the EU;
Amendment 66 #
2013/2013(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Confirms the key role of the Committee on Petitions in identifying non-judicial remedies for citizens, thus providing a reality check on the way in which the European Union is seen by the people of Europe, enabling conclusions to be drawn regarding whether European legislation actually delivers the expected results and responds to what people expect of the Union;
Amendment 67 #
2013/2013(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the Committee on Petitions to examine the effects of the Equal Rights Trust case law on the admissibility of petitions and to investigate the question of what actual obstacles exist for citizens of the Union in obtaining a reliable interpretation of central issues under European legislation in cases before the national courts by applying for a preliminary ruling from the European Court of Justice;
Amendment 68 #
2013/2013(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. As part of the efforts to improve the work of the Committee, calls for a procedure involving fact-finding missions that on the one hand ensures the right of all members of a fact-finding mission to present the facts from their point of view, while also guaranteeing all Committee members the opportunity to participate in the decision-making process in regard to the conclusions to be drawn by the Committee on Petitions;
Amendment 69 #
2013/2013(INI)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Emphasises the need for continuity in processing petitions, despite the changes in legislative periods and the resulting changes in personnel;
Amendment 70 #
2013/2013(INI)
Motion for a resolution
Paragraph 2 f (new)
Paragraph 2 f (new)
2f. Is determined to make the petition procedure more efficient, transparent, and impartial, while preserving the participatory rights of the Members of the Committee on Petitions, so that the handling of petitions will stand up to judicial review even at a procedural level;
Amendment 84 #
2013/2013(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Takes the view that procedures must be developed for urgent petitions whereby fact-finding missions can also be carried out in the long ‘white’ period with no parliamentary business during the European elections and also – if the nature of the petition suggests it – during the ‘white’ period in summer (e.g. Damüls, where the summer months were the only possible time for a fact-finding mission);
Amendment 20 #
2012/2309(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Undertakes to submit sufficiently far in advance of the beginning of the 2019- 2024 parliamentary term, before the end of 2015, a new proposal for a decision of the European Council with the aim of establishing, sufficiently far in advance of the beginning of the 2019-2024 parliamentary term, a system which in future, before each election to the European Parliament, will allow, whenever necessary, a reallocation of the seats the seats to be allocated amongst the Member States in an objective manner, based on the principle of degressive proportionality as set forth in Article 1 of the decision, taking account of any increase in their number and demographic trends in their population as duly ascertained, and without excluding the possibility of reserving a number of seats to members elected on transnational lists;
Amendment 21 #
2012/2309(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Undertakes to submit sufficiently far in advance of the beginning of the 2019-2024 parliamentary termby the end of 2015 a new proposal for a decision of the European Council with the aim of establishing sufficiently far in advance of the beginning of the 2019-2024 parliamentary term a system which in future, before each election to the European Parliament, will allow, whenever necessary, a re allocation of the seats amongst the Member States in an objective manner, based on the principle of degressive proportionality as set forth in Article 1 of the decision, taking account of any increase in their number and demographic trends in their population as duly ascertained, and without excluding the possibility of reserving a number of seats to members elected on transnational lists;
Amendment 58 #
2012/2309(INI)
Proposal for a Decision establishing the composition of the European Parliament
Article 4
Article 4
This Decision shall be revised by the end of 2015 with the aim of establishing sufficiently far in advance of the beginning of the 2019- 2024 parliamentary term with the aim of establishing a system which in future will make it possible, before each fresh election to the European Parliament, to reallocate the seats between the Member States in an objective manner, based on the principle of degressive proportionality set forth in Article 1, taking account of any increase in their number and demographic trends in their population as duly ascertained.
Amendment 59 #
2012/2309(INI)
Proposal for a decision establishing the composition of the European Parliament
Article 4
Article 4
This Decision shall be revised before the end of 2015 with the aim of establishing, sufficiently far in advance of the beginning of the 2019-2024 parliamentary term with the aim of establishing, a system which in future will make it possible, before each fresh election to the European Parliament, to reallocate the seats between the Member States in an objective manner, based on the principle of degressive proportionality set forth in Article 1, taking account of any increase in their number and demographic trends in their population as duly ascertained.
Amendment 9 #
2012/2308(INI)
Draft opinion
Paragraph A
Paragraph A
A. whereas certain petitions have been deposited requesting that the establishment of the European Parliament in more than one place of work be discontinued;
Amendment 19 #
2012/2308(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas arrangements affecting Parliament’s right of organisational self- determination are among the foremost concerns for a parliamentary system;
Amendment 52 #
2012/2308(INI)
Motion for a resolution
Recital M
Recital M
Amendment 85 #
2012/2308(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Notes that in addition to the subjects dealt with in this report, there are other essential matters directly related to Parliament’s status and its function within the EU institutional machinery and – on those points – convincing solutions have yet to be found; notes that these unresolved questions include electoral law, rules for a no-protest zone, immunity matters, and points related to the Statute for Members and that they should either be encompassed within Parliament’s right of organisational self-determination, exercised in the form of a general decision-making power, or, at the very least, be brought within the scope of the ordinary legislative procedure based on codecision;
Amendment 88 #
2012/2308(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Agrees with the principle that the European Parliament would be more effective, cost-efficient and respectful of the environment if it were located in a single place; and notes that the continuation of the monthly migration between Brussels and Strasbourg has become a symbolic negative issue amongst most EU citizens which is detrimental to Parliament’s reputationIs aware that most EU citizens take a critical view of the European Parliament's monthly migration between places of work;
Amendment 110 #
2012/2308(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Respects the historic reasons for the location of its plenary sessions in Strasbourg and the Treaty requirements that necessitate the two-seat systemsystem of a single seat but three places of work; nevertheless insists that such an arrangement cannot continue in perpetuity and that Parliament itself must be able to state a preference for its future;
Amendment 1 #
2012/2132(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reminds the Commission of its commitment to the smart regulation agenda, and the importance of making timely and pertinent ex-post controls of EU legislation in order to manage the quality of regulation throughout the policy cycle; notes in this respect that, under Article 33 of the Directive, the Commission was under an obligation to submit the report on the application of the Directive no later than 19 December 2011; notes that the report was not submitted until 4 May 2012; encourages the Commission to assure proper and timely implementation of directives in the Member States
Amendment 2 #
2012/2132(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the fact that the Commission has finally presented a proposal for a directive on collective management of copyright; calls on the Commission and the Council to work together with Parliament to find a balanced solution regarding the rules applicable to collecting societies in the audiovisual sector, paying due attention to a high level of transparency, good governance and the question of music embedded in films and other audiovisual works; in this regard, calls on the Commission to ensure that the requisiappropriate adjustments are made to the Audiovisual Media Services Directive in order to guarantee that both Directives work well togethensure consistency between both Directives while respecting the rights of the property holder;
Amendment 3 #
2012/2132(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission, in its next report on the application of the Audiovisual Media Services Directive, to assess whether the Member States have implemented the Directive in such a way as to preserve the necessary balance between, on the one hand,otect right holders' property while also safeguarding the principle of freedom of access to information, especially with regard to events of high interest to society and, on the other, protecting right holders' property;
Amendment 5 #
2012/2132(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the personal commitment made by Commissioner Barnier in relation to the ongoing negotiations on a Treaty on copyright limitations and exceptions for visually impaired persons and persons with print disabilities; calls on the Commission to ensure that aids for persons with impaired vision are widegenerally available for accessing audiovisual products and services; believes that Article 7 of the Directive should therefore be reworded in order to include stronger, binding language, requiring media service providers to ensure that their services are made available to people with disabilities;
Amendment 2 #
2012/2078(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the provisions of the Lisbon Treaty on improving inter- parliamentary cooperation (Article 12 TEU, Subsidiarity Protocol, Protocol on the role of national Parliaments),
Amendment 40 #
2012/2078(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view, regarding policies implemented in the context of flexible integration, that vertical cooperation by the European Parliament with national Parliaments of the vanguard group and with national Parliaments of the group of countries not initially forming part of the vanguard, as well as horizontal cooperation between these two groups and between individual committees and Members, must be encouraged and enhanced; stresses, however, that this cannot be a substitute for the formal involvement of the European Parliament in all policies pursued by means of flexible integration;
Amendment 41 #
2012/2078(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Takes the view that it is the responsibility of parliaments at the various levels to create opportunities for exchange and coordination, so as to ensure that there is democratic control even when treaties are concluded at inter- governmental level;
Amendment 70 #
2012/2078(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Takes the view that improving inter- parliamentary cooperation in the context of flexible integration policies can further enhance democratic legitimacy, but that this is no substitute for a formal strengthening of the European Parliament;
Amendment 87 #
2012/2078(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls that the democratic legitimacy and accountability of the EMU cannot be guaranteed by interparliamentary cooperation, and must, rather,must be ensured at the level at which decisions are taken and implemented, which means at the EU and EMU level by the European Parliament and at Member State level by the national parliaments, though inter- parliamentary cooperation is also an important complementary factor;
Amendment 88 #
2012/2078(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Considers it necessary, over and above inter-parliamentary cooperation, for networking to take place between administrations at working level in order to improve knowledge of procedures and their state of play at European level and to improve existing information channels;
Amendment 5 #
2012/2020(REG)
Parliament's Rules of Procedure
Rule 15 – paragraph 1
Rule 15 – paragraph 1
The Vice-Presidents shall then be elected on a single ballot paper. To be valid, the ballot paper must show that more than half the available votes have been used. Those who on the first ballot, up to the number of 14, secure an absolute majority of the votes cast shall be declared elected in order of the number of votes obtained. If the number of candidates elected is less than the number of seats to be filled, a second ballot shall be held under the same conditions to fill the remaining seats. Should a third ballot be necessary, a relative majority shall suffice for election to the remaining seats. In the event of a tie the oldest candidates shall be declared elected.
Amendment 74 #
2012/0237(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘political alliance’ means structured cooperation between political parties and/or natural persons from different Member States,
Amendment 77 #
2012/0237(COD)
Proposal for a regulation
Article – paragraph 1 – point 3 a (new)
Article – paragraph 1 – point 3 a (new)
3 a) ‘member party’ means a political party or political alliance belonging to a European political party.
Amendment 78 #
2012/0237(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
Article 2 – paragraph 1 – point 3 b (new)
3 b) ‘individual members’ means natural persons belonging directly to a European political party, where the statutes of the party permit this.
Amendment 81 #
2012/0237(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘regional Parliament’ or ‘regional assembly’ means a body whose members either hold a regional electoral mandate or are politically accountable toof a territorial entity established at the level immediately below that of the state and elected assemblyndowed with legislative powers,
Amendment 87 #
2012/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) it must not pursue profit goals.
Amendment 88 #
2012/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
Amendment 101 #
2012/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) it must have participated in elections to the European Parliament, or have expressed publicly the intention tomember parties of the political alliance must be represented in at least one third of the Member States and must have participated in the nexpast elections to the European Parliament, the national parliament or a regional parliament.
Amendment 102 #
2012/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 103 #
2012/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(e a) In determining the number referred to in subparagraph (b) only member parties which meet the criteria under Article 4 shall be taken into account.
Amendment 118 #
2012/0237(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – point j
Amendment 121 #
2012/0237(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the admission, resignation and exclusion of the party'smember parties and individual members, with the list of members annexed to it,
Amendment 127 #
2012/0237(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) the rights and duties associated with all types of membership, including the rules guaranteeing the representation rights of all members, be they natural or legal persons, and the relevant voting rights,
Amendment 128 #
2012/0237(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the functioning of a general assembly, at which the representation of all members must be ensured,comprising delegates from the member parties, in proportion to those parties’ size, elected by those parties in a secret ballot. Where the statutes permit individual membership, suitable arrangements must be made for the representation of individual members;
Amendment 130 #
2012/0237(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) the democratic election ofpowers and democratic decision- making processes ofor all other governing bodies, specifying for each its powers, responsibilities and composition, and including the modalities for the appointment and dismissal of its members and clear and transparent criteria for the selection of candidates and the election of office-holders, whose mandate must be limited in time but may be renewable, and their composition;
Amendment 133 #
2012/0237(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(d a) the arrangements for the appointment of members of all other governing bodies in a secret ballot for a period not exceeding two years, and for their re-election and removal;
Amendment 134 #
2012/0237(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) the party'sother internal decision-making processes, in particular the voting procedures and quorum requirements,rules of the European political party concerning decision-making, elections, quorum requirements and amendments to the statutes;
Amendment 138 #
2012/0237(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point g
Article 4 – paragraph 2 – point g
Amendment 141 #
2012/0237(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point g a (new)
Article 4 – paragraph 2 – point g a (new)
(g a) the procedure for dissolution of the entity as a recognised European political party, including the necessary implementing methods.
Amendment 145 #
2012/0237(COD)
Proposal for a regulation
Article 5 – point g
Article 5 – point g
(g) a list of the foundation's bodies, specifying for each its powers, responsibilities and composition, and including the modalities for the appointment and dismissal of its members and managersthe powers and democratic decision- making procedures of the foundation’s bodies and their composition,
Amendment 146 #
2012/0237(COD)
Proposal for a regulation
Article 5 – point g a (new)
Article 5 – point g a (new)
(ga) the rules on the appointment of members of the foundation’s bodies by secret ballot, their re-election and their dismissal;
Amendment 147 #
2012/0237(COD)
Proposal for a regulation
Article 5 – point g b (new)
Article 5 – point g b (new)
(gb) the other internal rules of the European political foundation on taking decisions, elections, quorums required and amendment of their statutes;
Amendment 148 #
2012/0237(COD)
Proposal for a regulation
Article 5 – point j
Article 5 – point j
Amendment 160 #
2012/0237(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Within three months following the reception of the application for registration, the European Parliament, acting in accordance with its Rules of Procedure, shall adopt a decision, which it shall publish in the Official Journal of the European Union, together with the party or foundation statutes or, where an application has not been approved, the grounds for rejection.
Amendment 175 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 188 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Amendment 204 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. In all other cases governed by Articles 3, 4 and 5, the Administration of the European Parliament shall verify annually that the formal requirements and conditions continue to be met by the European political parties and European political foundations. Before any decision is taken, the European political party shall be given the opportunity to be heard. The decision may be reviewed by the Court of Justice of the European Union upon application by the European political party. Where relevant, the timing of the annual verification referred to in this paragraph shall be aligned with the application procedure for funding set out in Article 13, in order for the Registry and the Authorising Officer to coordinate and exchange information as necessary.
Amendment 224 #
2012/0237(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) its governingcompetent body decides to wind up the European political party or the European political foundation,
Amendment 227 #
2012/0237(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) its governingcompetent body decides to convert the European political party or the European political foundation into a legal entity recognised in the legal order of a Member State,
Amendment 228 #
2012/0237(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
Amendment 232 #
2012/0237(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) it is removed from the Registry pursuant to the provisions in Article 22(1) or (4) or in accordance with Article 7(5).
Amendment 244 #
2012/0237(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. A European political party or a European political foundation in one of the cases provided for under paragraph 1 points (a), (b) or (c) shall have any ongoing decision on Union funding received under this Regulation withdrawn or any ongoing agreement on such funding terminatedshall lapse when legal status is withdrawn, and any unspent Union funding shall be recovered, including any unspent Union funds from previous years.
Amendment 250 #
2012/0237(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A European political party registered in accordance with the conditions and procedures laid down in this Regulation, which is represented in the European Parliament by at least one of its members, and which is not in one of the situations of exclusion referred to in Article [93] of the Financial Regulation may apply for funding from the general budget of the European Union, in accordance with the terms and conditions published by the European Parliament in a call for [contributions].
Amendment 254 #
2012/0237(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 259 #
2012/0237(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 1
Article 14 – paragraph 1 – subparagraph 1 – indent 1
Amendment 260 #
2012/0237(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 1a (new)
Article 14 – paragraph 1 – subparagraph 1 – indent 1a (new)
– 10% shall be distributed in proportion to the number of votes cast for them as a percentage of the total votes cast in the most recent European elections for European political parties which reached the threshold of at least 1% of the votes cast.
Amendment 261 #
2012/0237(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 1b (new)
Article 14 – paragraph 1 – subparagraph 1 – indent 1b (new)
– 10% shall be distributed equally among the European parties concerned which are represented by at least one Member in the European Parliament.
Amendment 262 #
2012/0237(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 1c (new)
Article 14 – paragraph 1 – subparagraph 1 – indent 1c (new)
– 80% shall be distributed in proportion to their share of elected members of the European Parliament among the beneficiary European political parties.
Amendment 263 #
2012/0237(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 2
Article 14 – paragraph 1 – subparagraph 1 – indent 2
Amendment 264 #
2012/0237(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
Amendment 265 #
2012/0237(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Amendment 266 #
2012/0237(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
After this date, any changes to the number shall not affect the respective share of funding between European political parties or European political foundations. This is without prejudice to the requirement in Article 12(1) for the European political party to be represented in the European Parliament by at least one of its members in the current application period.
Amendment 267 #
2012/0237(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2 a (new)
Article 14 – paragraph 2 – subparagraph 2 a (new)
For the purpose of allocating the appropriations, a Member of the European Parliament may be designated as belonging to only one European political party, which shall, where relevant, be the party to which his national or regional party is affiliated on the final date for the submission of applications.
Amendment 268 #
2012/0237(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. The same distribution key shall be used to award funding to European political foundations, on the basis of their affiliation with a European political party.
Amendment 287 #
2012/0237(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. Contributions to a European political party from its members shall be admissible. These contributions shall not exceed 40 % of the annual budget of that European political party.
Amendment 289 #
2012/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
The funding of European political parties from the general budget of the European Union or from any other source may be used to finance campaigns conducted by the European political parties in the context of the elections to the European Parliament, in which they participate as required in Article 3(1)(d)accordance with Article 8 of the Act concerning the election of the members of the European Parliament by direct universal suffrage, stipulating that the funding and limitation of election expenses for all parties and candidates at elections to the European Parliament is governed in each Member State by national provisions.
Amendment 291 #
2012/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2
Article 17 – paragraph 1 – subparagraph 2
Amendment 299 #
2012/0237(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 301 #
2012/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The funding of European political foundations from the general budget of the European Union or from any other source shall not be used for any other purpose than for financing their tasks as defined in Article 2 point (4) and to meet expenditure directly linked to the objectives set out in their statutes according to Article 5. It shall in particular not be used for the direct or indirect funding of European, national, regional or local elections or referendums, political parties, candidates or foundations.
Amendment 302 #
2012/0237(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 310 #
2012/0237(COD)
Proposal for a regulation
Article 20 – paragraph -1 (new)
Article 20 – paragraph -1 (new)
-1. Where, under the terms of this regulation, funds are withdrawn from European political parties in accordance with the Financial Regulation or fines imposed, the amounts in question shall, in accordance with Article 14, be entered additionally under appropriations for the current year.
Amendment 320 #
2012/0237(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Amendment 323 #
2012/0237(COD)
Proposal for a regulation
Article 21 – paragraph 1a (new)
Article 21 – paragraph 1a (new)
All technical support from the European Parliament to European political parties shall be based on the principle of equal treatment. It shall be granted on conditions no less favourable than those granted to other external organisations and associations that may be accorded similar facilities and shall be supplied against invoice and payment.
Amendment 324 #
2012/0237(COD)
Proposal for a regulation
Article 21 – paragraph 1b (new)
Article 21 – paragraph 1b (new)
The European Parliament shall adopt implementing provisions laying down the conditions under which political groups may, together with the European political parties which they represent in the European Parliament, organise events which could be regarded as indirect support, particularly if they are held on European Parliament premises.
Amendment 325 #
2012/0237(COD)
Proposal for a regulation
Article 21 – paragraph 1 c (new)
Article 21 – paragraph 1 c (new)
In accordance with Article 24, the European Parliament shall publish details of the technical support provided to each European political party in an annual report, within three months following the end of the financial year.
Amendment 326 #
2012/0237(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 342 #
2012/0237(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. When setting the amount of a fine imposed on a European political party or a European political foundation pursuant to paragraph 2, the European Parliament shall take into account the gravity, duration and, where relevant, recurrence of the infringement, the time that has elapsed, the intention or degree of negligence, and any measures taken to comply with the conditions and requirements of this Regulation, while ensuring that the amount of the fine is at least twice the value of the advantage obtained. Any fine must be effective and dissuasive, and may not exceed 10% of the annual budget of the European political party or the European political foundation in question corresponding to the year in which the sanction is imposed. Under certain circumstances, the fine may be paid in appropriate instalments.
Amendment 352 #
2012/0237(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Before taking a final decision related to any of the penalties in Article 22, the European Parliamen is taken, it shall give the European political party or the European political foundation concerned the opportunity to present its observations and, where relevant and appropriate, to introduce the measures required to remedy the situation within a reasonable time period.
Amendment 2 #
2011/2317(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
A. whereas the Charter of Fundamental Rights of the European Union has acquired legally binding force through the entry into force of the Treaty of Lisbon;
Amendment 4 #
2011/2317(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the right of citizens to petition the European Parliament has already been enshrined in the Treaty since the entry into force of the Maastricht Treaty on 1 November 1993;
Amendment 6 #
2011/2317(INI)
Motion for a resolution
Recital B
Recital B
B. whereas – subject to Protocol 30 of the Treaty – the Charter of Fundamental Rights has become legally binding since the entry into force of the Lisbon Treaty on 1 December 2009; whereas the Lisbon Treaty also establishes the legal basis for the EU to accede to the European Convention on Human Rights, as well as the European Citizens’ Initiative;
Amendment 11 #
2011/2317(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Committee on Petitions has the duty to constantly review and, where possible, to enhance its role, notably with regard to the development of democratic principles, and whereas in its regular activity the Committee works closely with the Commission acting as the ‘Guardian of the Treaty’ which defines the Commission’s role and prevents it from intervening in matters not covered by EU legislation;
Amendment 13 #
2011/2317(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. welcomes the case law of the European Court of Justice on the interpretation of Article 51 of the Charter of Fundamental Rights of the European Union, which emphasises in respect of the Equal Rights Trust that the institutions of the Member States shall be bound by the overriding fundamental rights of the Union even if they wish to use national measures to restrict the fundamental freedoms guaranteed by the Treaty on the Functioning of the EU (TFEU);
Amendment 16 #
2011/2317(INI)
Motion for a resolution
Recital E
Recital E
E. whereas European citizens and residents have legitimate expectations that the issues they raise with the Committee on Petitions may find a solution within the legal framework of the European Union, which they look upon to uphold their rights as citizens of the Union, in particular to defend their natural environment, health, freedom of movement, dignity and fundamental rights;
Amendment 25 #
2011/2317(INI)
Motion for a resolution
Recital G
Recital G
G. considering that individuals and local communities, as well as voluntary associations and businesses, are well placed to assess the effectiveness of European legislation as it applies to them, and to signal possible loopholes that need to be analysed in order to ensure better, more uniform and comparable implementation of EU law in all the Member States;
Amendment 45 #
2011/2317(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas the judgment of the EU Tribunal of 14 September 2011 in case T- 308/07 upheld the petitioner’s (0095/2007) complaint against the Committee’s decision to declare his petition inadmissible and in so doing laid down clear parameters for dealing with petitions which are declared inadmissiblemade it clear that procedural decisions by Parliament in relation to petitions are also subject to legal review;
Amendment 46 #
2011/2317(INI)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Qa. whereas the efficiency of the Committee’s work is largely characterised by swiftness and thoroughness and could be further improved in particular by optimising the time taken to process petitions and by systematising the procedure for their assessment;
Amendment 50 #
2011/2317(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Confirms the key role of the Committee on Petitions in identifying non-judicial remedies for citizens, inby providing a reality check on the way in which the European Union is seen by the people of Europe, and as a reflection of citizens’ viewsenabling conclusions to be drawn regarding whether European legislation actually delivers the expected result and responds to what people expect of the Union;
Amendment 57 #
2011/2317(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes, therefore, that this role and responsibility should lead Parliament to consider ways of revitalising this fundamental part of parliamentary work both in terms of its visibility and in terms of improving its ability to raise issues of importance to European citizens in plenary, as well as by reinforcing its competence to call witnesses and investigate more independently issues raised by citizens; welcomes the increased opportunities available to Parliament to take a more independent approach in relation to issues raised by citizens through the instrument of the committees of inquiry;
Amendment 65 #
2011/2317(INI)
Motion for a resolution
Paragraph 4 – point a (new)
Paragraph 4 – point a (new)
(a) Calls on the Committee on Petitions to examine the effects of the Equal Rights Trust case law on the reliability of petitions and to investigate the question of what actual obstacles exist for citizens of the Union in obtaining a reliable interpretation of central issues under European legislation in cases before the national courts by applying for a preliminary ruling from the European Court of Justice;
Amendment 96 #
2011/2317(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Spanish Government to revise the Ley de Costas in such a way as to guarantee title to those who have properly and in good faith acquired property within the reach of the jurisdiction of the Ley de Costas; in particular, calls for a reform of the Ley de Costas which ensures due process, a right of appeal with interim legal protection, a right of appeal, access to the preliminary ruling procedure of the European Court of Justice, proper compensation, and the right to information and which protects against retroactive or discriminatory actions;
Amendment 104 #
2011/2317(INI)
Motion for a resolution
Paragraph 17 – point a (new)
Paragraph 17 – point a (new)
(a) Is determined to make the petition procedure more efficient, transparent, and impartial, while preserving the participatory rights of the Members of the Committee on Petitions, so that the handling of petitions will stand up to judicial review even at a procedural level;
Amendment 105 #
2011/2317(INI)
Motion for a resolution
Paragraph 17 – point b (new)
Paragraph 17 – point b (new)
(b) Emphasises the need for continuity in processing petitions, despite changes in legislative periods and the resulting changes in personnel;
Amendment 106 #
2011/2317(INI)
Motion for a resolution
Paragraph 17 – point c (new)
Paragraph 17 – point c (new)
(c) Regards the participation of Members of Parliament in fact-finding missions not just as a participatory parliamentary right, but also as an obligation in relation to petitioners;
Amendment 107 #
2011/2317(INI)
Motion for a resolution
Paragraph 17 – point d (new)
Paragraph 17 – point d (new)
(d) As part of the efforts to improve the work of the Committee, calls for a procedure involving fact-finding missions that on the one hand ensures the right of all members of a fact-finding mission to present the facts from their point of view, while also guaranteeing all Committee Members the opportunity to participate in the decision-making process in regard to the conclusions to be drawn by the Committee on Petitions;
Amendment 108 #
2011/2317(INI)
Motion for a resolution
Paragraph 17 – point e (new)
Paragraph 17 – point e (new)
(e) Emphasises that the Committee on Petitions, along with other institutions and bodies, such as the committees of inquiry, the European Citizens’ Initiative and the European Ombudsman, play an independent and clearly defined role as points of contact for each individual citizen;
Amendment 109 #
2011/2317(INI)
Motion for a resolution
Paragraph 17 – point f (new)
Paragraph 17 – point f (new)
(f) Calls on the Conference of Presidents to examine the extent to which an amendment to the Rules of Procedure would seem appropriate for the implementation of these formal requirements in relation to the petitioning procedure;
Amendment 4 #
2011/2257(REG)
Parliament's Rules of Procedure
Rule 196
Rule 196
Rules 12, 13, 14, 17, 18, 36 to 44, 148, 149(2) and (10), 152, 154, 156 to 159, 161, 163(1), 164, 165, 168, to 169, 171 to 174, 177 and 178 shall apply mutatis mutandis to committee meetings.
Amendment 15 #
2011/2182(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Lisbon Treaty enhanced the concept of EU citizenship and the rights derived therefrom; whereas the formulation of those rights is also driven by case law;
Amendment 18 #
2011/2182(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. welcoming the case law of the European Court of Justice as regards the interpretation of Article 51 of the Charter of Fundamental Rights of the European Union, which emphasises in the ERT ruling that the institutions of the Member States are also bound by the overriding fundamental rights of the Union if they wish to use national measures to restrict the fundamental freedoms guaranteed by the Treaty on the Functioning of the EU (TFEU);
Amendment 45 #
2011/2182(INI)
Motion for a resolution
Recital K
Recital K
K. whereas discrimination on the grounds of nationality was vigorously denounced by petitioners in the case of the German Youth Welfare Office (Jugendamt), which - according to the petitions received –petitioners accuse the German Youth Welfare Office (Jugendamt) of discriminatesing against the non-German spouse in mixed marriages;.
Amendment 15 #
2011/0154(COD)
Proposal for a directive
Title 1
Title 1
Amendment 16 #
2011/0154(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a Directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and on the right to communicate uponin the event of arrest
Amendment 21 #
2011/0154(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Definitions For the purpose of this Directive: (a) "child" means a person below the age of 18 years; (b) "lawyer" means a person who is entitled under national legislation to assist in all stages of criminal proceedings.
Amendment 22 #
2011/0154(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies from the timin cases where a person is made aware by the competent authorities of a Member State, by official notification or otherwise, that he is suspected or accused of having committed a criminal offence until the conclusion of the proceedings, which is understood to mean the final determination of the question whether the suspected or accused person has committed the offence, including, where applicable, sentencing and the resolution of any appeal.
Amendment 23 #
2011/0154(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Content of the right of access to a lawyer 1. The suspect or accused person shall have the right at all stages of the proceedings to request to meet with the lawyer representing him. 2. The lawyer shall have the right to be present at any questioning and hearing. He shall have the right to ask questions, request clarification and make statements, which shall be recorded in accordance with national law. 3. The lawyer shall have the right to be present at any other investigative or evidence-gathering act at which the suspect or accused person’s presence is required or permitted as a right, in accordance with national law, unless this would prejudice the acquisition of evidence. 4. The lawyer shall have the right to check the conditions in which the suspect or accused person is detained and to this end shall have access to the place where the person is detained. 5. The duration and frequency of meetings between the suspect or accused person and his lawyer shall not be limited in any way that may prejudice the exercise of his rights of defence.
Amendment 24 #
2011/0154(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensureIf and to the extent that suspects andor accused persons are grantedquest access to a lawyer, Member States shall ensure that they can have such access as soon as possible and in any event:
Amendment 27 #
2011/0154(COD)
Proposal for a directive
Article 4
Article 4
Amendment 35 #
2011/0154(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Information 1. Member States shall ensure that suspects and accused persons are informed, without delay and in an understandable form, about their right of access to a lawyer and the fact that the right continues to apply at all subsequent stages of the proceedings even if they did not exercise it at an earlier stage. Without prejudice to national law that requires the mandatory presence or assistance of a lawyer, any waiver of the right to a lawyer referred to in this Directive shall be subject to the following conditions: a) the suspect or accused person has received prior legal advice on the consequences of the waiver or has otherwise obtained full knowledge of these consequences; b) he has the necessary capacity to understand these consequences; and c) the waiver is given voluntarily and unequivocally. 2. A record shall be kept, in accordance with the law of the Member State concerned, of the suspect’s or accused person’s having been informed about the right of access to a lawyer. The waiver and the circumstances in which it was given shall be recorded in accordance with the law of the Member State concerned. 3. Member States shall ensure that a waiver can be subsequently revoked at any stage of the proceedings.
Amendment 37 #
2011/0154(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Member States shall not derogate from any of the provisions of this Directive save, in exceptional circumstances, from Article 3, Article 4 paragraphs 1 to 3, and Articles 5 and Article 6to 7. Any such derogation:
Amendment 38 #
2011/0154(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
a) shall be justified by compelling reasons pertaining to the urgent need to avert serious adverse consequences for the life or physical integrity of a person;
Amendment 39 #
2011/0154(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 43 #
2011/0154(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [24 months after publication of this Directive in the Official Journalits entry into force] at the latest.
Amendment 44 #
2011/0154(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
This Directive shall enter into force onat the twentieth daybeginning of the second month following that of its publication in the Official Journal of the European Union.
Amendment 85 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive concerns certain uses of orphan works undertaken by publicly accessible libraries, educational establishments or museums as well as by archives, film heritage institutions, publishers of the works listed in point 1 of paragraph 2 and public service broadcasting organizations.
Amendment 87 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Directive applies to worksthe use by the establishments referred to in paragraph 1 of works from their own archives which were first published or broadcast in a Member State and which are:
Amendment 95 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 2 – point 3
Article 1 – paragraph 2 – point 3
(3) Cinematographic, audio or audiovisual works produced by public service broadcasting organisations before the 31 December 2002 and contained in their archives.
Amendment 103 #
2011/0136(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Where a work has more than one rightholder, and at least one of the rightholders has not been identified andor located, that work shall not be considered an orphan work. The rights of known or identified rightholders shall not be affected.
Amendment 117 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. A diligent search is required to be carried out only ion the territory of the Member State of first publication or broadcast. If there is evidence to suggest that rightholders from the territory of other Member States were involved in the creation of the work, the diligent search shall be deemed to have been concluded only if it also encompassed the territories of those Member States.
Amendment 128 #
2011/0136(COD)
Proposal for a directive
Article 5
Article 5
If a work considered to be orphan has only one rightholder, Member States shall ensure that athat rightholder in a work considered to be orphan has, at any time, the possibility of putting an end to the orphan status. has, at any time, the possibility of putting an end to the orphan status; if a work considered to be orphan has more than one rightholder, its status as an orphan work may be brought to an end only if all the rightholders have been identified and located, in accordance with the provisions of Article 2(2).
Amendment 141 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. If, in the case of an orphan work, one or more rightholders has been identified but not located, the name(s) of the rightholder(s) shall be indicated every time a work is used.
Amendment 11 #
2010/2291(ACI)
Proposal for a decision
Paragraph 6 – point b
Paragraph 6 – point b
(b) the scope of the register, which covers all relevant actors but excludes, among others, – particularly in paragraphs 11, 12 and 13 – social partners as actors in the social dialogue, as well as churches, political parties and local, regional and municipal authorities;
Amendment 25 #
2010/2291(ACI)
Proposal for a decision
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines that the representations and other bodies maintained by the actors listed in paragraphs 11, 12 and 13 must be given preferential treatment when implementing paragraphs 13 to 27 of the agreement, with particular regard to paragraph 17;
Amendment 54 #
2010/0215(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. For the purposes of this directive, the term ‘child’ shall mean any person under the age of 18.
Amendment 57 #
2010/0215(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that any person who is suspected or accused of having committed a criminal offence is provided promptly with information on his procedural rights in simple and accessible language, either orally or in writing.
Amendment 60 #
2010/0215(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The information referred to in paragraph 1 shall include as a minimum: – the right of access to a lawyer, where necessaryto interpreting and translation, – the right of access to legal assistance and the conditions for access to legal assistance free of charge, – the right to be informed of the charge and, where appropriate,, – the right to be given access to the case- file, – the right to interpretation and translation and to the evidence, including evidence held by the authorities, insofar as this does not compromise investigations, – the right to remain silent, – the right to request the collection of evidence, – the right to be brought promptly before a court if the suspected or accused person is arrested.
Amendment 82 #
2010/0215(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1 a (new)
Article 4 – paragraph 2 – subparagraph 1 a (new)
In addition to the information to be given under Article 3(2), the person deprived of liberty shall be informed of the following: a) for how many hours/days he or she may be deprived of liberty before being brought before a judicial authority; b) how to challenge the arrest and how to secure a review of his or her detention; c) the maximum period he or she may legally be held in pre-trial detention.
Amendment 91 #
2010/0215(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that a suspected or accused person is provided with sufficient information about the charge to safeguard the fairness of the criminal proceedingseffectively exercise his or her right of defence.
Amendment 94 #
2010/0215(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The information required pursuant to paragraph 1 shall be delivered promptly and in detail and in a language that the suspected or accused person understands. In the case of a child or a person with a mental disability, information about the chargesaccusation shall be provided in a manner adapppropriated to his age, level of maturity and intellectual and emotional capacbilities.
Amendment 96 #
2010/0215(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The information to be given shall include: (a), at least, a description of the circumstances in which the offence was committed, including the time, place and degree of participation in the offence by the suspected or accused person and (b) the nature and legal classification of the offence.
Amendment 4 #
2009/2212(INI)
Proposal for a regulation
Article 1 – paragraph 2a (new)
Article 1 – paragraph 2a (new)
Detailed arrangements shall be laid down in Parliament’s Rules of Procedure.
Amendment 5 #
2009/2212(INI)
Proposal for a regulation
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) its composition based on a balanced representation of political forces, in accordance with Parliament’s Rules of Procedure;
Amendment 6 #
2009/2212(INI)
Proposal for a regulation
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) the time-limit for submission of its report, which shall not exceed [twelve] months from the date on which it first meets, without prejudice to extensions of time under paragraph 4.
Amendment 7 #
2009/2212(INI)
Proposal for a regulation
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) the time-limit for submission of its report, which shall not exceed [twelve] months, without prejudice to exten and may, by reasoned decisions of time under paragraph 4Parliament, [twice] be extended by no more than [three] months.
Amendment 8 #
2009/2212(INI)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. Parliament’s Rules of Procedure shall, for all future committees of inquiry in a given parliamentary term, lay down in advance the procedure whereby the various political groups shall have the right to propose the committee chair.
Amendment 9 #
2009/2212(INI)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 10 #
2009/2212(INI)
Proposal for a regulation
Article 3 – point c
Article 3 – point c
(c) in any event, at the close of the parliamentary term. when the newly elected Parliament first meets.
Amendment 11 #
2009/2212(INI)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Renewed inquiries A temporary committee of inquiry may not be set up or re-established with regard to matters into which an inquiry has already been held by a temporary committee of inquiry until at least twelve months have elapsed since the submission of the report on that inquiry or the end of its assignment and unless any new facts have emerged. A committee may be set up in any case where new and serious facts have emerged that may be deemed likely to alter substantive findings.
Amendment 12 #
2009/2212(INI)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
2. Exceptionally, proceedings shall take place in camera if this is requested by [one quarter] of the members of the committee of inquiry, by an institution or a body of the Union or by national authorities concerned. Witnesses and experts shall have the right to make a statement or provide testimonymay, if they so request, be heard in camera.
Amendment 13 #
2009/2212(INI)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. After the inquiry has been closed, the final report of the committee of inquiry shall be submitted to the European Parliament, which may take any appropriate actionshall adopt or reject it without amendment.
Amendment 14 #
2009/2212(INI)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. If it adopts the report, Parliament may decide to take appropriate action.
Amendment 15 #
2009/2212(INI)
1b. The committee’s final report may include minority conclusions as an official part of the text, provided such conclusions are supported by at least one quarter of the committee’s members.
Amendment 26 #
2009/2212(INI)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
The President of the European Parliament may announce such refusals or failures in plenary and shall, in full or in part, the points of which formal note was taken and arrange for them announcement to be published in the Official Journal of the European Union.
Amendment 27 #
2009/2212(INI)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2
Article 18 – paragraph 2 – subparagraph 2
Those sanctions shall be effective, proportionate and dissuasive and shall reflect the sanctions for corresponding infringements in relation to the work of committees of inquiry in the national parliaments.
Amendment 28 #
2009/2212(INI)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Any natural or legal person other than institutions and bodies of the Union and the Member States may submit a reasoned written complaint against a decision of the committee of inquiry, taken in application of Section 3, which is addressed to that person or of direct and individual concern to him or her. The complaint shall specify the alleged violation of Union or national lawlaw or of the national law applicable to the complainant.
Amendment 29 #
2009/2212(INI)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The European Parliament shall take a reasoned decision on the complaint at the first part-session following the expiry of a period of [10 working days] from receipt of the complaint. IThe decision may include a stipulation that the complaint shall not have suspensory effect. Parliament shall notify the complainant of that decision within [10 working days] and shall inform the complainant of the remedies open to him or her, namely instituting court proceedings against the European Parliament and/or making a complaint to the European Ombudsman, under the conditions laid down in Articles 263 and 228 respectively of the Treaty on the Functioning of the European Union.
Amendment 30 #
2009/2212(INI)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Costs The travel and accommodation expenses of members and officials of the Union institutions and bodies shall be borne by those institutions and bodies. Travel and accommodation expenses of other persons who appear before a committee of inquiry shall be reimbursed by the European Parliament in accordance with the rules governing hearings of experts.
Amendment 8 #
2009/2134(INI)
Motion for a resolution
Recital S
Recital S
S. Parliament’s electoral procedure must, like the procedure for the nomination of candidates by parties at national level, uphold the practice of free, fair and secret elections, achieve overall proportionality of representation, and be durable and comprehensible,
Amendment 27 #
2009/2134(INI)
Motion for a resolution
Paragraph 4 – point (ii)
Paragraph 4 – point (ii)
(ii) Proposes to enter into a dialogue with the European Council to explore the possibility of reaching agreement on a durable and transparent mathematical formula for the apportionment of seon the allocation of the Member States’ seats in the European Parliament; It should be founded on the following main principles: - There shall be 751 seats allocated to constituencies established in the Member States. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than 96 seats. - The distribution of those seats among the States shall be reviewed regularly in accordance with a formula based on the Union population of the States. The population statistics as at the end of the third calendar year before each European election submitted by the Member States and by the Statistical Office of the European Union (Eurostat) will be examined jointly by the Council and the European Parliament by the end of the second calendar year at the latest, using objective criteria, and established by the Council, acting unanimously after Parliament has given its consent, as the basis for the calculations. - In the event of accessions, new Member States in Parliament respecting the criteria laid down in the Treaties and the principles of plurality between political parties and solidarity among States; will, until the regular elections of the whole European Parliament following their accession, be assigned a number of seats over and above the ceiling of 750 Members corresponding to the number which would have been obtained from a complete calculation which included the new Member States at the time of the previous European elections. The population figure to be used for this purpose will be that which obtained at the end of the third calendar year before accession. - For the purposes of distributing seats between Member States in accordance with the principle of degressive proportionality pursuant to Article 14(2a) of the Treaty on European Union, the seats allocated to each Member State shall be distributed on the basis of the Union population of the States in accordance with the procedure described below. (a) Each Member State will first be assigned 6 seats. (b) The remaining seats, up to the ceiling of 751, will be assigned to the individual Member States on the basis of their population statistics using the d’Hondt system. Member States which have attained a maximum of 96 seats in total will no longer be taken into account in the further allocation. (c) In order to avoid unfair hardship when the number of seats for Member States is amended in accordance with the principles set out above, seats in future European elections can be allocated so that Member States with a population of less than 5% of the total EU population lose no more than one seat as compared with their total at the previous election when European Parliament elections take place.
Amendment 30 #
2009/2134(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Determines to bring forward the timing of the European elections from June to May; insists that the date of the 2014 European elections be fixed by 31.03.2012 at the latest;
Amendment 36 #
2009/2134(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that, in view of Article 17(7) of the Lisbon Treaty and the fact that the European public knows more about Members of the European Commission than they used to, the candidature and eligibility of Commissioners-in-office and members of other bodies in Article 7 of the ‘Act concerning the election of the Members of the European Parliament by direct universal suffrage’ annexed to the Council decision of 20 September 1976 (amended version) should be regulated in such a way that no short-term and short- lasting personnel reshuffles are carried out in the time context of a European Parliament election and institutional appointments;
Amendment 39 #
2009/2134(INI)
Motion for a resolution
Recital M
Recital M
Amendment 41 #
2009/2134(INI)
Article 7 – paragraph 1 – indent 2 a (new)
- member of a national or regional parliament with legislative powers,
Amendment 43 #
2009/2134(INI)
Article 9
Amendment 52 #
2009/2134(INI)
Motion for a resolution
Recital T
Recital T
T. Parliament's electoral procedure must 1 Declaration of 3 June 2005 by Representatives of the Member States meeting within the Council. 2 Declaration of 3 June 2005 by Representa, as does the procedure for the nomination of candidates by partives of the Member States meeting within the Council. at national level, uphold the practice of free, fair and secret elections, achieve overall proportionality of representation, and be durable and comprehensible,
Amendment 84 #
2009/2134(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Repeats its proposal to bring forward the timing of the election from June to May; calls on the Council, after consulting Parliament, to determine the date of the 2014 European elections by 31.12.2011 at the latest;
Amendment 86 #
2009/2134(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 93 #
2009/2134(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that, in view of Article 17(7) of the Lisbon Treaty and the fact that the European public knows more about Members of the European Commission than they used to, the candidature and eligibility of Commissioners-in-office and members of other bodies in Article 7 of the ‘Act concerning the election of the members of the European Parliament by direct universal suffrage’ of 20 September 1976 should be regulated in such a way that no short-term and short-lasting personnel reshuffles are carried out in the time context of a European Parliament election and institutional appointments;
Amendment 98 #
2009/2134(INI)
Rule 14 – paragraph 2
2. The European Parliament shall be composed of representatives of the Union's citizens. 2a. Theyre shall not exceedbe seven hundred and fifty in number, plus the Presidentone seats allocated to constituencies established in the Member States. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats. The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composidistribution of those seats among the States shall be reviewed regularly in accordance with a formula based on the Union population of the States. The population statistics as at the end of the third calendar year before each European election submitted by the Member States and by the Statistical Office of the European Union (Eurostat) will be examined jointly by the Council and the European Parliament by the end of the second calendar year at the latest, using objective criteria, and established by the Council, acting unanimously after Parliament has given its consent, as the basis for the calculations. In the event of accessions, new Member States will, until the regular elections of the whole European Parliament, respecting the principles referred to in the first subparagraph. following their accession, be assigned a number of seats over and above the ceiling of 750 Members corresponding to the number which would have been obtained from a complete calculation which included the new Member States at the time of the previous European elections. The population figure to be used for this purpose will be that which obtained at the end of the third calendar year before accession. 2b. In addition, there shall be twenty-five seats allocated to a single constituency comprising the entire territory of the Union.
Amendment 108 #
2009/2134(INI)
Article 9
Amendment 116 #
2009/2134(INI)
Article 2 a (new)
Article 2a 1. For the purposes of distributing seats between Member States in accordance with the principle of degressive proportionality pursuant to Article 14(2a) of the Treaty on European Union, the seats allocated to each Member State shall be distributed on the basis of the Union population of the States in accordance with the procedure described below. 2. Each Member State will first be assigned 6 seats. 3. The remaining seats, up to the ceiling of 750, will be assigned to the individual Member States on the basis of their population statistics using the 'd'Hondt system'. Member States which have attained a maximum of 96 seats in total will no longer be taken into account in the further allocation.
Amendment 121 #
2009/2134(INI)
Article 3
1. Member States may set a minimum threshold for the allocation of seats distributed in national and/or regional constituencies. At national level this threshold may not exceed 5 per cent of votes cast. 2. The European Parliament shall be responsible for setting the minimum threshold in the constituency described in Article 2b(1).
Amendment 124 #
2009/2134(INI)
Article 4
Each Member State may set a ceiling for candidates' campaign expensethe campaign expenses of candidates and political parties at the national and/or regional level. The electoral authority shall set a ceiling for the campaign expenses of candidates and political parties at the European Union level. The provisions of Article 3(1a) shall apply mutatis mutandis.
Amendment 126 #
2009/2134(INI)
Article 7 – paragraph 1 – indent 1 a (new)
– member of a national or regional parliament with legislative powers,
Amendment 133 #
2009/2134(INI)
Article 13 a (new)
Article 13a 1. In the case of the Members elected in the Member States, and subject to the other provisions of this Act, each State shall lay down appropriate procedures for filling any seat which falls vacant during the five-year term of office referred to in Article 5 for the remainder of that period. The provisions of Article 3(1a) shall apply mutatis mutandis. 2. Where the law of a Member State provides for a temporary replacement of a member of its national parliament on maternity leave, that State may decide that such provisions are to apply mutatis mutandis to the Members of the European Parliament elected in that State.
Amendment 2 #
2008/2072(INI)
Motion for a resolution
Citation 5a (new)
Citation 5a (new)
- whereas Written Declaration 48/2008 by Anna Záborská, Bernd Posselt, Francis Wurtz, Zita Gurmai and Marian Harkin on multilingualism has so far gathered 237 signatories,
Amendment 33 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 2 – subpoint a
Article 1 – point 2 – subpoint a
Decision 2001/470/EC
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
'(b) facilitating the effective access of the public to justice, in particular through measures providing information on the working of Community and international instruments concerning judicial cooperation in civil and commercial matters.'
Amendment 39 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 3 – subpoint b – subpoint ii
Article 1 – point 3 – subpoint b – subpoint ii
Decision 2001/470/EC
Article 5 – paragraph 2 – point c a
Article 5 – paragraph 2 – point c a
Amendment 45 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 3 – subpoint b – subpoint ii d (new)
Article 1 – point 3 – subpoint b – subpoint ii d (new)
Decision 2001/470/EC
Article 5 – paragraph 2 – point (e)
Article 5 – paragraph 2 – point (e)
(iid) point (e) is replaced by the following: '(e) assist with the preparation and updating of the information referred to in Title III, and in particular with the information system for the public, in accordance with the rules laid down in that Title, by providing information on the domestic law of the Member States through the website of the Network,.'
Amendment 60 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 11
Article 1 – point 11
Decision 2001/470/EC
Article 13 a
Article 13 a
Amendment 67 #
0000/2013(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Insists that no result be published in any Member State until 20h00 CET on Sunday 25 May 2014; calls on the Commission to ensure compliance with Article 10 of the 1976 Elections Act by threatening and imposing effective penalties;
Amendment 72 #
0000/2013(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that, in view of Article 17(7) of the Treaty on European Union and the fact that Members of the Commission are better known to the European public than used to be the case, the candidature and eligibility of Commissioners-in-office and members of other bodies in Article 7 of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage should be regulated in such a way as to avert the need for short-lived short-term personnel reshuffles coinciding with a European Parliament election and institutional appointments;
Amendment 76 #
0000/2013(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Council and Commission to ensure that the relevant provisions of the Elections Act are amended to the effect that Parliament would be convened for the first time on the 30th day following the last day of the European election;