384 Amendments of Matjaž NEMEC
Amendment 32 #
2024/2019(DEC)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers that civil society and NGOs play an instrumental role in shaping policies that benefit society and our environment; recalls the commitment of the Commission in its political guidelines to step up its engagement with civil society organisations that have expertise and an important role to play in defending specific societal issues and upholding human rights; urges the Commission to revise its guidelines1a from May 2024 in order to ensure the continuation of the funding of NGO activities, including advocacy, under the LIFE programme; considers that discontinuation of this funding for all NGO activities would seriously undermine the voice of civil society in the public debate and would cause a severe reputational risk for the Commission; _________________ 1a Guidance on funding for activities related to the development, implementation, monitoring and enforcement of Union legislation and policy
Amendment 3 #
2024/0212(BUD)
Motion for a resolution
Recital B
Recital B
B. whereas between 3 and 6 August 2023, Slovenia was impacted by heavy rainfall which led to floods across the country and was its worst natural disaster to date, resulting in total direct damages of EUR 7.3 billion according to the Commission;
Amendment 6 #
2024/0212(BUD)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the increasing number of severe and destructive natural disasters in Europe and considers that the budget of the EUSF should be expanded; urges the Commission to increase the budget of the Solidarity and Emergency Aid Reserve (SEAR); further emphasizes the importance of ensuring adequate funding for EUSF or its equivalent, in view of the upcoming Commission proposal on the new Multiannual Financial Framework, including in its discussions and relevant inter-institutional negotiations;
Amendment 11 #
2024/0212(BUD)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to further streamline the procedure and shorten the time required for the processing of the applications for the mobilisation of the Fund;
Amendment 14 #
2024/0212(BUD)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Further stresses the need for reasonable flexibility in deadlines when recipient countries face justifiable delays and challenges in applying for and utilizing allocated funding;
Amendment 62 #
2024/0035(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs or intimate parts, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as so-called ‘paedophile manuals’ .
Amendment 137 #
2024/0035(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Member States should establish or strengthen policies to prevent sexual abuse and sexual exploitation of children, including measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, and measures to reduce the risk of children becoming victims, by means of, information and awareness-raising campaigns, including for parents and carers and society at large, and research and education programmes. In such initiatives, Member States should adopt a child-rights based approach. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand , and tailored to the specific needs of children of different age groups, including pre-school children. The initiatives aimed at society at large should include campaigns that educate on how to react when confronted with the disclosure of abuse by a victim. Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by addressing its online and offline dimensions and mobilizing all relevant stakeholders. In particular for the online dimension, measures should include the development of digital literacy skills, including critical engagement with the digital world, to help users identify and address attempts of online child sexual abuse, seek support and prevent its perpetration. Particular attention should be paid to prevention of child sexual abuse and sexual exploitation of children that are cared for in a group facility rather than in the context of family-based care . Where not already in place, the establishment of dedicated help-lines or hotlines should be considered.
Amendment 148 #
2024/0035(COD)
Proposal for a directive
Recital 57
Recital 57
(57) Member States’ efforts to reduce the circulation of child sexual abuse material, including by cooperating with third countries under this Directive, should not affect Regulation (EU) 2022/2065, Regulation (EU) 2021/1232 and […/…/ Regulation laying down rules to prevent and combat child sexual abuse]. Online content constituting or facilitating criminal offences referred to in this Directive will be subject to measures pursuant to Regulation (EU) 2022/2065 of the European Parliament and of the Council21 as regards illegal content. Member States should work towards the prohibition of the use of terminology such as ‘teen’ or ‘child’ on all websites containing pornographic material, including those where the material itself is legal and does not consist of child sexual abuse material. _________________ 21 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1
Amendment 164 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘consent’ of the child above the age of sexual consent means any freely given, specific, informed and unambiguous indication of the child’s agreement to a sexual act, in the context of the surrounding circumstances;
Amendment 173 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
(b) depiction of the sexual organs or intimate parts of a child for primarily sexual purposes;
Amendment 176 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
(c) any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs or intimate parts of any person appearing to be a child, for primarily sexual purposes;
Amendment 182 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d
Article 2 – paragraph 1 – point 3 – point d
(d) realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual organs or intimate parts of a child, for primarily sexual purposes;
Amendment 188 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d a (new)
Article 2 – paragraph 1 – point 3 – point d a (new)
(d a) any material, including audio, that describes a child engaged in real or simulated sexually explicit conduct, for primarily sexual purposes;
Amendment 202 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 – introductory part
Article 2 – paragraph 1 – point 5 – introductory part
(5) ‘ child sexual abuse performance’ means a live exhibition aimed at an audience of one or more, including by means of information and communication technology, of:
Amendment 203 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
(a) a child engaged in real or simulated sexually explicit act or conduct; or
Amendment 205 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
(b) the sexual organs or intimate parts of a child for primarily sexual purposes;
Amendment 225 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8 a) ‘hotline’ means an organisation established in a Member State acting in the public interest against child sexual abuse that has been authorised by competent authorities of that Member State.
Amendment 244 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person or with themselves shall be punishable by a maximum term of imprisonment of at least 8 years.
Amendment 248 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 (new)
Article 3 – paragraph 4 – subparagraph 1 (new)
The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 8 years where the child is above the age of sexual consent and: a) does not consent to the act with a peer; or; b) is caused to engage in sexual activities with a person who is not a peer.
Amendment 266 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age.
Amendment 287 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 102 years.
Amendment 291 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 9 – introductory part
Article 3 – paragraph 9 – introductory part
9. For the purpose of paragraphs 4 and 8, Member States shall ensure that:
Amendment 293 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 9 – point a
Article 3 – paragraph 9 – point a
(a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, orn act or conduct is to be considered non-consensual also where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury;
Amendment 299 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 9 – point c
Article 3 – paragraph 9 – point c
(c) the absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past sexual conduct cannot be considered as having given consent.
Amendment 360 #
2024/0035(COD)
Proposal for a directive
Article 5 – paragraph 7 – subparagraph 1
Article 5 – paragraph 7 – subparagraph 1
For the purposes of paragraph 1, the conducts referred to in paragraph 2, 3 and transmission as referred to in paragraph 4 shall not be considered to be committed without right in particular where carried out by, or on behalf and under the responsibility of, an organisation hotline established in a Member State acting in the public interest against child sexual abuse that has been authorised by competent authorities of that Member State when such actions were carried out in accordance with the conditions set out in such authorisation.
Amendment 364 #
2024/0035(COD)
Proposal for a directive
Article 5 – paragraph 7 – subparagraph 2
Article 5 – paragraph 7 – subparagraph 2
These conditions mayshall include the requirement that the organisations that receive such authorisations have the necessary expertise and independence, that there are appropriate reporting and oversight mechanisms to ensure that the organisations act expeditiously, diligently, and in the public interest, and that the organisations make use of secure channels of communication to carry out the actions covered by the authorisation.
Amendment 366 #
2024/0035(COD)
Proposal for a directive
Article 5 – paragraph 8 – introductory part
Article 5 – paragraph 8 – introductory part
8. Member States shall ensure that authorisations for an organisation acting in the public interprovide a legal framework for hotlines to harmonise their role and competencest against child sexual abuse referred to in paragraph 7 allow some ornd to ensure that authorisations for such organisations allow all of the following activities to:
Amendment 371 #
2024/0035(COD)
Proposal for a directive
Article 5 – paragraph 8 – point b
Article 5 – paragraph 8 – point b
b. promptly notify the reported illegal content to the relevant law enforcement authority of the Member State where the material is hosted of reported illegal content;
Amendment 374 #
2024/0035(COD)
Proposal for a directive
Article 5 – paragraph 8 – point d a (new)
Article 5 – paragraph 8 – point d a (new)
d a. cooperate directly with national service providers in notice and take-down procedure, with consent from the responsible national law enforcement authority.
Amendment 384 #
2024/0035(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) proposing , by means of information and communication technology, to meet a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7), Article 4 and Article 5(6), where that proposal was followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least 1 year;
Amendment 396 #
2024/0035(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 1 year where use is made of coercion, force or threats, including the threat of sharing or disseminating intimate or manipulated materials.
Amendment 402 #
2024/0035(COD)
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
Member States shall take the necessary measures to ensure that an attempt, by means of information and communication technology, to commit the offences provided for in Article 4(2) and (5) by an adult causing a child to participate in child sexual abuse performances and exploitation in prostitution is punishable by a maximum term of imprisonment of at least 6 months.
Amendment 409 #
2024/0035(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Solicitation ofto commit sexual abuse or exploitation
Amendment 416 #
2024/0035(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate or encourage the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 10 years.
Amendment 424 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. It shall be within the discretion of Member States to decide whetherMember States shall ensure that Article 3(2) and (4) shall not apply to consensual sexual activities between peers, in so far as the acts did not involve any abuse.
Amendment 430 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. It shall be within the discretion of Member States to decide whetherMember States shall ensure that Article 4(4) shall not appliesy to a performance that takes place in the context of a consensual relationship where the child has reached the age of sexual consent or between peers , in so far as the acts did not involve any abuse or exploitation and no money or other form of remuneration or consideration is given as payment in exchange for the performance.
Amendment 434 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Amendment 438 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. It shall be within the discretion of Member States to decide whetherMember States shall ensure that Article 6 shall not appliesy to proposals, conversations, contacts or exchanges between peers, in so far as they did not involve any abuse.
Amendment 444 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
For the purpose of paragraphs 1 to 4, where a child above the age of sexual consent can be considered as havinghas consented to an activity only where, they consent was given voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstancesan withdraw their consent at any moment.
Amendment 446 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 2
Article 10 – paragraph 5 – subparagraph 2
Amendment 448 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 3
Article 10 – paragraph 5 – subparagraph 3
Amendment 453 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video, including in a manipulated or altered version.
Amendment 457 #
2024/0035(COD)
Proposal for a directive
Article 11 – paragraph 1 – point -a (new)
Article 11 – paragraph 1 – point -a (new)
(-a) the age of the child against whom the offence was committed;
Amendment 468 #
2024/0035(COD)
Proposal for a directive
Article 11 – paragraph 1 – point h a (new)
Article 11 – paragraph 1 – point h a (new)
(h a) the offender posed as a minor or a peer;
Amendment 482 #
2024/0035(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. For the application of paragraphs 1 and 2 of this Article, when requested by competent authorities, Member States shall take the necessary measures to ensure, the transmission of information from the authorities to the requesting party concerning the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , or of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions , and that the transmitted information is as complete as possible, comprising at least information on criminal convictions or disqualifications arising from criminal convictions kept by any Member State. For that purpose, such information shall be transmitted through ECRIS or the mechanism for the exchange of criminal record information established with third countries.
Amendment 501 #
2024/0035(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point a
Article 16 – paragraph 2 – subparagraph 2 – point a
(a) at least 230 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;
Amendment 510 #
2024/0035(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point b
Article 16 – paragraph 2 – subparagraph 2 – point b
(b) at least 235 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;
Amendment 515 #
2024/0035(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point c
Article 16 – paragraph 2 – subparagraph 2 – point c
(c) at least 340 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.
Amendment 556 #
2024/0035(COD)
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) the offender is one of their nationals or residents.
Amendment 557 #
2024/0035(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Member States shall ensure that their jurisdiction includes situations where an offence referred to in Articles 5 , 6 and 8 , and in so far as is relevant, in Articles 3 , 4, 7 and 9 , is committed by means of information and communication technology accessed from their territory, whether or not ithe intermediary service provider is based on their territory.
Amendment 558 #
2024/0035(COD)
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. For the prosecution of any of the offences referred to in Article 3(4), (5) , (6), (7), and (8), Article 4(2), (3), (5), (6) and (7) , Article 5(6) , Article 7 and Article 8 committed outside the territory of the Member State concerned, as regards paragraph 1 , point (b) of this Article, each Member State shall take the necessary measures to ensure that its jurisdiction is not subordinatedject to the condition that the acts areconduct referred to in those Articles is punishable as a criminal offence atin the placState where they were performedit was carried out.
Amendment 559 #
2024/0035(COD)
Proposal for a directive
Article 19 – paragraph 5
Article 19 – paragraph 5
5. For the prosecution of any of the offences referred to in Articles 3 to 9 committed outside the territory of the Member State concerned, as regards paragraph 1 , point (b) of this Article, each Member State shall take the necessary measures to ensure that its jurisdiction is not subordinatedject to the condition that the prosecution can only be initiated following a report made by the victim in the place where the offence was committed, or a denunciation from the State of the place where the offence was committed.
Amendment 561 #
2024/0035(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Child victims of the offences referred to in Articles 3 to 9 shall be provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account the best interests of the child irrespective of whether they have filed a formal complaint.
Amendment 564 #
2024/0035(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article20a Specialist support for child victims of child sexual abuse or sexual exploitation 1. Member States shall provide for appropriately equipped and easily accessible referral centres for victims of child sexual abuse or exploitation that may form part of the national healthcare system, to ensure effective support to child victims of sexual abuse or exploitation and to ensure the clinical management of sexual violence, including assisting in the safekeeping and documentation of evidence. The centres referred to in the first subparagraph shall provide trauma- sensitive support and, where necessary, referral to specialised trauma support and counselling for child victims, after the offence has been committed. Member States shall ensure that child victims of sexual abuse or exploitation have access to medical and forensic examinations. Those examinations may be provided in the centres referred to in this paragraph or by referral to specialised centres or units. Member States shall ensure coordination between the referral centres and competent medical and forensic centres. All services referred to in this Article shall be provided in a child-friendly manner. 2. Member States shall provide for child victims of sexual abuse or exploitation to have timely access to healthcare services, including sexual and reproductive healthcare services, in accordance with national law. 3. The services referred to in paragraphs 1 and 2 of this Article shall be available free of charge, without prejudice to those services that are provided for under the national healthcare system, and accessible every day of the week. 4. Member States shall ensure a sufficient geographical distribution and capacity of the services referred to in paragraphs 1 and 2 across the Member State. 5. Member States may provide that these centres are attached to the centres established under Article 28 of Directive (EU) 2024/1385 on combating violence against women and domestic violence.
Amendment 586 #
2024/0035(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Where it is necessary to provide for interim accommodation, children shall, as a priority, be placed with other family members taking into account the best interest of the child, where necessary in temporary or permanent housing, equipped with support services.
Amendment 590 #
2024/0035(COD)
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 626 #
2024/0035(COD)
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Member States shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in Articles 3 to 9 all interviews with the child victim or, where appropriate, with a child witness, may be audio-visually recorded and that such audio-visually recorded interviews may be used as evidence in criminal court proceedings, in accordance with the rules under their national law.
Amendment 633 #
2024/0035(COD)
Proposal for a directive
Article 22 – paragraph 7 a (new)
Article 22 – paragraph 7 a (new)
7 a. Paragrapghs 3 to 7 shall apply to child witnesses who are not themselves victims.
Amendment 634 #
2024/0035(COD)
Proposal for a directive
Article 22 – paragraph 7 b (new)
Article 22 – paragraph 7 b (new)
7 b. Member States shall ensure that all protection measures devote particular attention to the need to protect children who are particularly vulnerable, including children with mental or physical disabilities.
Amendment 666 #
2024/0035(COD)
Proposal for a directive
Article 26 – title
Article 26 – title
Amendment 667 #
2024/0035(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
Each Member States shall take appropriate measures to prevent or prohibit:the necessary measures to ensure that travelling to a country other than that Member State for the purpose of committing, or contributing to the commission of any of the offences referred to in Articles 3 to 8, is punishable as a criminal offence when committed intentionally.
Amendment 668 #
2024/0035(COD)
Proposal for a directive
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
Amendment 669 #
2024/0035(COD)
Proposal for a directive
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
Amendment 670 #
2024/0035(COD)
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Article26a Organising or otherwise facilitating travelling for the purpose of sexual abuse and sexual exploitation of children Member States shall take the necessary measures to ensure that any act of organisation or facilitation for others, whether or not for commercial purposes, that assists any person in travelling for the purposes of committing any offences as referred to in Articles 3 to 8, is punishable as a criminal offence when committed intentionally.
Amendment 671 #
2024/0035(COD)
Proposal for a directive
Article 26 b (new)
Article 26 b (new)
Article26b Other offences related to sexual abuse and sexual exploitation of children Member States shall take the necessary measures to ensure that offences related to sexual abuse and sexual exploitation of children, include the following intentional acts: (a) the dissemination of material advertising the opportunity to commit any of the offences referred to in Articles 3 to 8; and; (b) extortion with a view to committing one of the offences listed in Articles 3 to 8; (c) drawing up or using false administrative documents with a view to committing one of the offences referred to in Articles 3 to 8.
Amendment 672 #
2024/0035(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall take the necessary measures to ensure that persons who fear that they might commit any of the offences referred to in Articles 3 to 9 have access to dedicated and effective intervention programmes or measures designed to evaluate and prevent the risk of such offences being committed. This shall include channels with a low threshold of access such as helplines and online chats run by appropriately trained personnel. Member States shall equally ensure that resources and support groups are available for persons who fear that their family member might have committed any of the offences referred to in Articles 3 to 9.
Amendment 684 #
2024/0035(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material , age-appropriate sexual education focusing on the notion of consent, where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation.
Amendment 687 #
2024/0035(COD)
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Member States shall promoteoffer regular training , including in child friendly justice for professionals, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including , but not limited to, child protection professionals, legal professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation based on the guidelines as referred to in article 17(5). This training shall be made mandatory for the professionals referred to in article 17(3).
Amendment 693 #
2024/0035(COD)
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, foster care, sports clubs or religious communities.
Amendment 701 #
2024/0035(COD)
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point c a (new)
Article 28 – paragraph 4 – subparagraph 2 – point c a (new)
(c a) the creation of helplines, online chats or other channels with a low- threshold of access run by appropriately trained personnel, where children can discuss matters that are concerning to them and can be provided with advice.
Amendment 722 #
2024/0035(COD)
Proposal for a directive
Article 29 – paragraph 5 – point b
Article 29 – paragraph 5 – point b
(b) consentagree to their participation in the programmes or measures with full knowledge of the facts;
Amendment 11 #
2023/2501(RSP)
Recital F
F. whereas the ability to transfer personal data across borders has the potential to be a key driver of innovation, productivity and economic competitiveness as long as adequate safeguards are provided; whereas these transfers should be carried out in full respect for the right to the protection of personal data and the right to privacy; whereas one of the fundamental objectives of the EU is the protection of fundamental rights, as enshrined in the Charter;
Amendment 22 #
2023/2501(RSP)
Paragraph 1
1. Recalls that the respect for privacyte and data protectionfamily life and the protection of personal data are legally enforceable fundamental rights enshrined in the Treaties, the Charter and the European Convention of Human Rights, as well as in laws and case-law; emphasises that they must be applied in a manner that does not unnecessarily hamper trade or international relations, but can be balanced only against other fundamental rights and not against commercial or political interests;
Amendment 30 #
2023/2501(RSP)
Paragraph 2
2. Acknowledges the efforts made in the EO to lay down limits on US Signals Intelligence Activities, by referring to the principles of proportionality and necessity, and providing a list of legitimate objectives for such activities; points out, however, that these principles are long-standing key elements of the EU data protection regime and that their substantive definitions in the EO are not in line with their definition under EU law and their interpretation by the CJEU; points out, furthermore, that for the purposes of the EU-US Data Privacy Framework, these principles will be interpreted solely in the light of US law and legal traditions, not those of the EU, and that the Data Protection Review Court’s interpretations will not be made public; points out that the EO requires that signals intelligence must be conducted in a manner proportionate to the ‘validated intelligence priority’, which appears to be a broad interpretation of proportionality;
Amendment 36 #
2023/2501(RSP)
Paragraph 3
3. Regrets the fact that the EO does not prohibit the bulk collection of data by signals intelligence, including the content of communications; notes that the list of legitimate national security objectives can be amended and expanded by the US President, who can determine notith no obligation to make the relevant updates public nor to inform EU counterparts; points out that this would undermine the purpose of the objectives as a safeguard to limit US intelligence activities;
Amendment 40 #
2023/2501(RSP)
Paragraph 3 a (new)
3 a. Stresses the EDPB’s concerns over the EO’s failure to provide safeguards in bulk data collection, namely the lack of independent prior authorisation, lack of clear and strict data retention rules and lack of stricter safeguards concerning dissemination of data collected in bulk; points particularly to the specific concern that without further restrictions on dissemination to US authorities, law enforcement authorities will be enabled to access data they would otherwise have been prohibited from collecting;
Amendment 43 #
2023/2501(RSP)
Paragraph 3 b (new)
Amendment 44 #
2023/2501(RSP)
Paragraph 3 c (new)
3 c. Reminds that onward transfers effectively multiply the risks to the protection of data and notes that the EDPB has called for the inclusion of a legally binding obligation to analyse and determine whether the third country offers an acceptable minimum level of safeguards while taking into account the effect of any existing international agreements that may provide for the transfer of personal data by intelligence services;
Amendment 45 #
2023/2501(RSP)
Paragraph 3 d (new)
3 d. Shares the calls from the EDPB that the entry into force and adoption of the adequacy decision be conditional upon, inter alia, the adoption of updated policies and procedures to implement the EO by all US intelligence agencies; calls on the Commission to assess these updated policies and procedures and share its assessment with the European Parliament and the EDPB;
Amendment 63 #
2023/2501(RSP)
Paragraph 7
7. Notes that European businesses need and deserve legal certainty; stresses that successive data transfer mechanisms, which were subsequently repealed by the CJEU, created additional costs for European businesses; notes that continuing uncertainty and the need to adapt to new legal solutions is particularly burdensome for micro, small and medium-sized enterprises; is concerned that the adequacy decision could (like its predecessors) be invalidated by the Court of Justice, leading to a continuing lack of legal certainty, further costs and disruption for European citizens and businesses;
Amendment 67 #
2023/2501(RSP)
Paragraph 8
8. Points out that, unlike all other third countries that have received an adequacy decision under the GDPR, the US still does not have a federal data protection law; points out that the EO is not clear, precise or foreseeable in its application, as it can be amended at any time by the US President; is therefore, who is also empowered to issue secret executive orders; is concerned aboutregarding the absence of a sunset clause which could provide that the decision would automatically expire four years after its entry into force; after which the Commission would have to make a new determination; is concerned that the lack of a sunset clause in this adequacy decision represents a more lenient approach to the US, despite the fact that the US privacy framework is based on an Executive Order which allows for secret amendments, and which can be amended without consulting Congress or informing EU counterparts;
Amendment 80 #
2023/2501(RSP)
Paragraph 10
10. Recalls that, in its resolution of 20 May 2021, Parliament called on the Commission not to adopt any new adequacy decision in relation to the US, unless meaningful reforms were introduced, in particular for national security and intelligence purposes; reiterates that the Commission should not leave proper enforcement of EU data protection law to the Court of Justice of the European Union following complaints by individual citizens;
Amendment 88 #
2023/2501(RSP)
Paragraph 11
11. Concludes that the EU-US Data Privacy Framework fails to create actuessential equivalence in the level of protection; calls on the Commission to continue negotiations with its US counterparts with the aim of creating a mechanism that would ensure such equivalence and which would provide the adequate level of protection required by Union data protection law and the Charter as interpreted by the CJEU; urgescalls on the Commission not to adopt the adequacy finding;
Amendment 58 #
2023/2114(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to the Enlargement Package adopted by the European Commission on 8 November 2023;
Amendment 58 #
2023/2114(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to the Enlargement Package adopted by the European Commission on 8 November 2023;
Amendment 60 #
2023/2114(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
– having regard to the report on the final outcome of the Conference on the Future of Europe of 9 May 2022;
Amendment 60 #
2023/2114(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
– having regard to the report on the final outcome of the Conference on the Future of Europe of 9 May 2022;
Amendment 81 #
2023/2114(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Russia’s war of aggression against Ukraine has given new geostrategic meaning to the enlargement of the European Union; whereas enlargement is a strategic geopolitical investment in the future, which can be mutually beneficial for both existing and future Member States if the proper conditions are met; whereas enlargement has proven to be the most successful EU foreign policy instrument and is a very effective tool for boosting the necessary reforms both within the EU and in applicant countries, helping to encourage democratic transformation; whereas enlargement is a particular opportunity for tackling the climate crisis and improving energy cooperation between current and future member states; whereas enlargement is thus a crucial tool to improve the daily lives of inhabitants of both the EU and applicant countries;
Amendment 81 #
2023/2114(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Russia’s war of aggression against Ukraine has given new geostrategic meaning to the enlargement of the European Union; whereas enlargement is a strategic geopolitical investment in the future, which can be mutually beneficial for both existing and future Member States if the proper conditions are met; whereas enlargement has proven to be the most successful EU foreign policy instrument and is a very effective tool for boosting the necessary reforms both within the EU and in applicant countries, helping to encourage democratic transformation; whereas enlargement is a particular opportunity for tackling the climate crisis and improving energy cooperation between current and future member states; whereas enlargement is thus a crucial tool to improve the daily lives of inhabitants of both the EU and applicant countries;
Amendment 148 #
2023/2114(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the role of the European Parliament should be strengthened throughout the entire enlargement process; whereas civil society organisations should be structurally involved in the process as well;
Amendment 148 #
2023/2114(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the role of the European Parliament should be strengthened throughout the entire enlargement process; whereas civil society organisations should be structurally involved in the process as well;
Amendment 170 #
2023/2114(INI)
Motion for a resolution
Recital H
Recital H
H. whereas under the current institutional framework, the EU already faces considerable challenges in crisis management and strategic decision- making; whereas it is clear that the EU institutions and decision-making mechanisms were not designed for a Union that could be composed of up to 37 Member States; whereas before the next enlargement takes place, significant pre- enlargement reforms are needed to guarantee that the EU is able to absorb new members and to promote their successful integration; whereas this implies significant changes in the EU’s institutional framework, including to decision-making procedures, and the possible introduction of differentiated integration solutions; whereas in order to achieve this, the EU should take full advantage of the flexibility afforded by the Treaty of Lisbon and consider the possibility of treaty change, including via adaptations introduced by the accession treaties or by a possible 'Treaty of reform and accession';
Amendment 170 #
2023/2114(INI)
Motion for a resolution
Recital H
Recital H
H. whereas under the current institutional framework, the EU already faces considerable challenges in crisis management and strategic decision- making; whereas it is clear that the EU institutions and decision-making mechanisms were not designed for a Union that could be composed of up to 37 Member States; whereas before the next enlargement takes place, significant pre- enlargement reforms are needed to guarantee that the EU is able to absorb new members and to promote their successful integration; whereas this implies significant changes in the EU’s institutional framework, including to decision-making procedures, and the possible introduction of differentiated integration solutions; whereas in order to achieve this, the EU should take full advantage of the flexibility afforded by the Treaty of Lisbon and consider the possibility of treaty change, including via adaptations introduced by the accession treaties or by a possible 'Treaty of reform and accession';
Amendment 185 #
2023/2114(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the Union’s credibility and ability to act in a timely and effective manner depends on efficient decision- making, and even more so in an enlarged EU of 30 or more Member States; whereas efficient decision-making leading to timely and coordinated internal and external action is vital for safeguarding the EU’s interests and its global geopolitical leadership and credibility; whereas reform of the EU’s governance structures, with simplified decision-making procedures, must be discussed and adopted in parallel with the ongoing accession negotiations;
Amendment 185 #
2023/2114(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the Union’s credibility and ability to act in a timely and effective manner depends on efficient decision- making, and even more so in an enlarged EU of 30 or more Member States; whereas efficient decision-making leading to timely and coordinated internal and external action is vital for safeguarding the EU’s interests and its global geopolitical leadership and credibility; whereas reform of the EU’s governance structures, with simplified decision-making procedures, must be discussed and adopted in parallel with the ongoing accession negotiations;
Amendment 210 #
2023/2114(INI)
Motion for a resolution
Recital K
Recital K
K. whereas enlargement is also a major challenge for EU’s financial sustainability, in particular regarding cohesion and, agriculture and foreign and security policies; whereas the current and the next multiannual financial frameworks should be strengthened considerably to enable EU enlargement; whereas this financial groundwork must be in place before enlargement takes place;
Amendment 210 #
2023/2114(INI)
Motion for a resolution
Recital K
Recital K
K. whereas enlargement is also a major challenge for EU’s financial sustainability, in particular regarding cohesion and, agriculture and foreign and security policies; whereas the current and the next multiannual financial frameworks should be strengthened considerably to enable EU enlargement; whereas this financial groundwork must be in place before enlargement takes place;
Amendment 249 #
2023/2114(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that enlargement is of the utmost strategic importance for the EU, and all the more so in the face of Russia’s war of aggression against UkraineCalls on the European Council, when evaluating the progress made individually by the candidate countries for EU accession and deciding on further steps, to take into account the background of Russia’s ongoing war of aggression against Ukraine that has significant consequences for Ukraine’s immediate neighbouring countries as well as for the stability, security and prosperity of the entire European continent and therefore requires a long-term political vision and bold decisions that reflect the strategic importance of European unity and therefore EU enlargement; stresses that an enhanced enlargement policy has become the strongest geopolitical tool at the EU’s disposal; points out that enlargement is a strategic investment in to share peace, security, and prosperity, as well as a driver for democracy and European values on the continent with its European neighbours as well as to strengthen democracy and the rule of law, human rights, including minority rights, fundamental freedoms and European values;
Amendment 249 #
2023/2114(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that enlargement is of the utmost strategic importance for the EU, and all the more so in the face of Russia’s war of aggression against UkraineCalls on the European Council, when evaluating the progress made individually by the candidate countries for EU accession and deciding on further steps, to take into account the background of Russia’s ongoing war of aggression against Ukraine that has significant consequences for Ukraine’s immediate neighbouring countries as well as for the stability, security and prosperity of the entire European continent and therefore requires a long-term political vision and bold decisions that reflect the strategic importance of European unity and therefore EU enlargement; stresses that an enhanced enlargement policy has become the strongest geopolitical tool at the EU’s disposal; points out that enlargement is a strategic investment in to share peace, security, and prosperity, as well as a driver for democracy and European values on the continent with its European neighbours as well as to strengthen democracy and the rule of law, human rights, including minority rights, fundamental freedoms and European values;
Amendment 286 #
2023/2114(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines that accession to the EU must always be a merit-based procedure and that each applicant must be assessed on their own merit in fulfilling the Copenhagen criteria and therefore in ensuring full respect for human rights, democracy and the rule of law; stresses that while positive outcomes should be sought as quickly as possible, there should be no fast-track or fixed deadlines for membership; underscores that there can be no short-cuts on fundamental values; points out that alignment with the common foreign and security policy is also a way of showing full adherence to the EU’s fundamental principles and an important indicator for sustainable future membership and only significant progress on EU-related reforms can be a reason to resume accession negotiations with countries where the accession process is frozen, otherwise stalled or where backsliding took place; stresses the need to establish clear deadlines for concluding negotiations with the accession countries by the end of the current decade at the latest; points out that alignment with the common foreign and security policy is also a way of showing full adherence to the EU’s fundamental principles and an important indicator for sustainable future membership; urges all candidate and potential candidate countries to prioritize strict alignment with the EU’s common foreign and security policy and reiterates that accession can only proceed once a country aligns with EU sanctions against Russia’s war of aggression against Ukraine;
Amendment 286 #
2023/2114(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines that accession to the EU must always be a merit-based procedure and that each applicant must be assessed on their own merit in fulfilling the Copenhagen criteria and therefore in ensuring full respect for human rights, democracy and the rule of law; stresses that while positive outcomes should be sought as quickly as possible, there should be no fast-track or fixed deadlines for membership; underscores that there can be no short-cuts on fundamental values; points out that alignment with the common foreign and security policy is also a way of showing full adherence to the EU’s fundamental principles and an important indicator for sustainable future membership and only significant progress on EU-related reforms can be a reason to resume accession negotiations with countries where the accession process is frozen, otherwise stalled or where backsliding took place; stresses the need to establish clear deadlines for concluding negotiations with the accession countries by the end of the current decade at the latest; points out that alignment with the common foreign and security policy is also a way of showing full adherence to the EU’s fundamental principles and an important indicator for sustainable future membership; urges all candidate and potential candidate countries to prioritize strict alignment with the EU’s common foreign and security policy and reiterates that accession can only proceed once a country aligns with EU sanctions against Russia’s war of aggression against Ukraine;
Amendment 305 #
2023/2114(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for a robust monitoring mechanism for the reforms and progress made by the candidate countries; urges, in particular, the setting up of a specific and effective monitoring mechanism for protecting fundamental values and the financial interests of the Union in the context of accession procedures; reiterates in this regard its calls to include candidate countries in the EU rule of law mechanism and its annual reporting exercise, automatically activating pre-accession cooperation and verification mechanisms, offering positive conditionality in the form of access to EU policies or triggering negative conditionality in the form of the suspension of accession negotiations and pre-accession funding, in particular by making the relevant provisions of Regulation (EU) 2021/1529 on IPA III swiftly and fully operational, and enabling the reopening of the negotiation chapters under reversibility clauses, as well as by closely involving civil society in the process;
Amendment 305 #
2023/2114(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for a robust monitoring mechanism for the reforms and progress made by the candidate countries; urges, in particular, the setting up of a specific and effective monitoring mechanism for protecting fundamental values and the financial interests of the Union in the context of accession procedures; reiterates in this regard its calls to include candidate countries in the EU rule of law mechanism and its annual reporting exercise, automatically activating pre-accession cooperation and verification mechanisms, offering positive conditionality in the form of access to EU policies or triggering negative conditionality in the form of the suspension of accession negotiations and pre-accession funding, in particular by making the relevant provisions of Regulation (EU) 2021/1529 on IPA III swiftly and fully operational, and enabling the reopening of the negotiation chapters under reversibility clauses, as well as by closely involving civil society in the process;
Amendment 308 #
2023/2114(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. CEmphasizes the absolute priority to strengthen the rule of law which has substantially gained in importance in the EU accession process and remains one of the most important conditions for EU membership to ensure that EU enlargement strengthens and does not weaken the Union and its Single Market; calls for a robust monitoring mechanism for the reforms and progress made by the candidate countries; urges, in particular, the setting up of a specific and effective monitoring mechanism for protecting fundamental values and the financial interests of the Union in the context of accession procedures; reiterates in this regard its calls to include candidate countries in the EU rule of law mechanism and its annual reporting exercise, automatically activating pre-accession cooperation and verification mechanisms;
Amendment 308 #
2023/2114(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. CEmphasizes the absolute priority to strengthen the rule of law which has substantially gained in importance in the EU accession process and remains one of the most important conditions for EU membership to ensure that EU enlargement strengthens and does not weaken the Union and its Single Market; calls for a robust monitoring mechanism for the reforms and progress made by the candidate countries; urges, in particular, the setting up of a specific and effective monitoring mechanism for protecting fundamental values and the financial interests of the Union in the context of accession procedures; reiterates in this regard its calls to include candidate countries in the EU rule of law mechanism and its annual reporting exercise, automatically activating pre-accession cooperation and verification mechanisms;
Amendment 310 #
2023/2114(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for a robust monitoring mechanism for the reforms and progress made by the candidate countries; urges, in particular, the setting up of a specific and effective monitoring mechanism for protecting fundamental values and the financial interests of the Union in the context of accession procedures; reiterates in this regard its calls to include candidate countries in the EU rule of law mechanism and its annual reporting exercise, automatically activating pre-accession cooperation and verification mechanisms; calls for exploring avenues for further strengthening protection of the rule of law and the EU’s democratic values against backsliding for both new and existing Member States in the context of Treaty reform;
Amendment 310 #
2023/2114(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for a robust monitoring mechanism for the reforms and progress made by the candidate countries; urges, in particular, the setting up of a specific and effective monitoring mechanism for protecting fundamental values and the financial interests of the Union in the context of accession procedures; reiterates in this regard its calls to include candidate countries in the EU rule of law mechanism and its annual reporting exercise, automatically activating pre-accession cooperation and verification mechanisms; calls for exploring avenues for further strengthening protection of the rule of law and the EU’s democratic values against backsliding for both new and existing Member States in the context of Treaty reform;
Amendment 331 #
2023/2114(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that there is a need for stronger parliamentary oversight of the EU’s enlargement policy; insists on strengthening the role of Parliament throughout the entire accession process, including allowing it to scrutinise fully the progress made by the candidate countries across policy fields; invites to consider appointing an EU chief negotiator to carry out negotiations under a broad negotiating mandate, who would also be accountable to the European Parliament; underlines that regular dialogue and cooperation between the European Parliament and the national parliaments of candidate countries should be encouraged;
Amendment 331 #
2023/2114(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that there is a need for stronger parliamentary oversight of the EU’s enlargement policy; insists on strengthening the role of Parliament throughout the entire accession process, including allowing it to scrutinise fully the progress made by the candidate countries across policy fields; invites to consider appointing an EU chief negotiator to carry out negotiations under a broad negotiating mandate, who would also be accountable to the European Parliament; underlines that regular dialogue and cooperation between the European Parliament and the national parliaments of candidate countries should be encouraged;
Amendment 343 #
2023/2114(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the challenge of a bigger Union requires an enhanced enlargement policy putting in place a clear incremental pathway towards EU membership, including gradual integration into common policies, initiatives and the single market, access to EU funds in the respective areas, enabling citizens to reap the benefits of accession throughout the process and not only upon its completion; notes that this pathway should be accompanied by increased technical and conditional financial assistance with a special focus on the implementation and enforcement of laws under negotiating chapters 23, 24, 30 and 31; stresses that a dedicated and separate DG for Enlargement is necessary; invites the Commission to present detailed proposals on the incremental accession methodology; underlines that there will be no alternatives to substitute enlargement and that the phasing-in of candidate countries into selected policy areas is by no means an alternative to fully-fledged membership;
Amendment 343 #
2023/2114(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the challenge of a bigger Union requires an enhanced enlargement policy putting in place a clear incremental pathway towards EU membership, including gradual integration into common policies, initiatives and the single market, access to EU funds in the respective areas, enabling citizens to reap the benefits of accession throughout the process and not only upon its completion; notes that this pathway should be accompanied by increased technical and conditional financial assistance with a special focus on the implementation and enforcement of laws under negotiating chapters 23, 24, 30 and 31; stresses that a dedicated and separate DG for Enlargement is necessary; invites the Commission to present detailed proposals on the incremental accession methodology; underlines that there will be no alternatives to substitute enlargement and that the phasing-in of candidate countries into selected policy areas is by no means an alternative to fully-fledged membership;
Amendment 345 #
2023/2114(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the challenge of a bigger Union requires an enhanced enlargement policy putting in place a clear incremental pathway towards EU membership, including gradual integration into common policies; as well as gradual integration into relevant Union bodies under observer status for the purpose of facilitating acquis alignment and Union policy implementation, such as common foreign and security policy, including on restrictive measures; notes that this pathway should be accompanied by increased technical and conditional financial assistance with a special focus on the implementation and enforcement of laws under negotiating chapters 23, 24, 30 and 31; invites the Commission to present detailed proposals on the incremental accession methodology; underlines that the phasing-in of candidate countries into selected policy areas is by no means an alternative to fully-fledged membership;
Amendment 345 #
2023/2114(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the challenge of a bigger Union requires an enhanced enlargement policy putting in place a clear incremental pathway towards EU membership, including gradual integration into common policies; as well as gradual integration into relevant Union bodies under observer status for the purpose of facilitating acquis alignment and Union policy implementation, such as common foreign and security policy, including on restrictive measures; notes that this pathway should be accompanied by increased technical and conditional financial assistance with a special focus on the implementation and enforcement of laws under negotiating chapters 23, 24, 30 and 31; invites the Commission to present detailed proposals on the incremental accession methodology; underlines that the phasing-in of candidate countries into selected policy areas is by no means an alternative to fully-fledged membership;
Amendment 357 #
2023/2114(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that European institutional and financial reforms toshould increase the EU's ability to act, promote good governance, functionality and sustainability; notes that reforms are needed to ensurreinforce the EU’s and its institutions' capacity to absorb new members and to promote their successful integration;
Amendment 357 #
2023/2114(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that European institutional and financial reforms toshould increase the EU's ability to act, promote good governance, functionality and sustainability; notes that reforms are needed to ensurreinforce the EU’s and its institutions' capacity to absorb new members and to promote their successful integration;
Amendment 366 #
2023/2114(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that European institutional reforms must include simplified decision-making procedures, moving away from unanimity and replacing it with qualified majority voting provisions in areas such as the protection of democracy, human rights and the rule of law, sanctions and relevant foreign policy decision, the climate crisis and ecological transition, tax measures and foreign and security policy decisions, including through the introduction of qualified majority voting in areas relevant to the accession process, and ensuring the effective functioning of an enlarged union as a whole and abolishing, in particular, the requirement for unanimity when deciding on the start of the negotiation process as well as the opening and closing of individual negotiating clusters and chapters;
Amendment 366 #
2023/2114(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that European institutional reforms must include simplified decision-making procedures, moving away from unanimity and replacing it with qualified majority voting provisions in areas such as the protection of democracy, human rights and the rule of law, sanctions and relevant foreign policy decision, the climate crisis and ecological transition, tax measures and foreign and security policy decisions, including through the introduction of qualified majority voting in areas relevant to the accession process, and ensuring the effective functioning of an enlarged union as a whole and abolishing, in particular, the requirement for unanimity when deciding on the start of the negotiation process as well as the opening and closing of individual negotiating clusters and chapters;
Amendment 380 #
2023/2114(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Points out that a parallel process of widening and deepening the EU will have a profound effect on a wide area of EU policies; notes that a simplified decision-making process for potential other areas will be of benefit to the overall governability of the EU as well;
Amendment 380 #
2023/2114(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Points out that a parallel process of widening and deepening the EU will have a profound effect on a wide area of EU policies; notes that a simplified decision-making process for potential other areas will be of benefit to the overall governability of the EU as well;
Amendment 385 #
2023/2114(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for the mechanism to protect the rule of law and the EU’s fundamental principles and values, and the monitoring capacity to ensure compliance, to be strengthened ahead of the next enlargement; stresses the need for a broader rule of law conditionality mechanism covering all of the Union’s fundamental values as defined in Art 2 TEU;
Amendment 385 #
2023/2114(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for the mechanism to protect the rule of law and the EU’s fundamental principles and values, and the monitoring capacity to ensure compliance, to be strengthened ahead of the next enlargement; stresses the need for a broader rule of law conditionality mechanism covering all of the Union’s fundamental values as defined in Art 2 TEU;
Amendment 412 #
2023/2114(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses that Political and Security Committee has a vital role in preparation of the decisions related to the common foreign and security policy, including on restrictive measures, and further underlines that candidate countries for EU membership are systematically invited to align themselves with EU restrictive measures. To that end, each candidate country should be given an observer status at the Political and Security Committee and other relevant meetings of Council bodies;
Amendment 412 #
2023/2114(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses that Political and Security Committee has a vital role in preparation of the decisions related to the common foreign and security policy, including on restrictive measures, and further underlines that candidate countries for EU membership are systematically invited to align themselves with EU restrictive measures. To that end, each candidate country should be given an observer status at the Political and Security Committee and other relevant meetings of Council bodies;
Amendment 420 #
2023/2114(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that institutional pre- enlargement reforms must also address the implications of enlargement on the composition of Parliament, including considering the possibility of observer Members of European Parliament; recalls that the European Parliament is already one of the largest parliaments in the world and underlines that in any case it must remain at a workable scale; points out, however, that a reasonable increase in the size of Parliament cannot be ruled out in order to ensure sufficient democratic representativeness; insists on a new system for seat allocation based on a permanent mathematical formula;
Amendment 420 #
2023/2114(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that institutional pre- enlargement reforms must also address the implications of enlargement on the composition of Parliament, including considering the possibility of observer Members of European Parliament; recalls that the European Parliament is already one of the largest parliaments in the world and underlines that in any case it must remain at a workable scale; points out, however, that a reasonable increase in the size of Parliament cannot be ruled out in order to ensure sufficient democratic representativeness; insists on a new system for seat allocation based on a permanent mathematical formula;
Amendment 432 #
2023/2114(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that the functioning of the Council should also be reviewed in view of enlargement, in particular the system of rotating presidencies of the Council of the European Union; notes that the calculation of qualified majority voting thresholds should also be reconsidered; urges the Council to overcome the current deadlock in the Article 7 TEU procedure and to replace unanimity minus 1 by a majority of four-fifths of the Member States in relation to this procedure in the Council;
Amendment 432 #
2023/2114(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that the functioning of the Council should also be reviewed in view of enlargement, in particular the system of rotating presidencies of the Council of the European Union; notes that the calculation of qualified majority voting thresholds should also be reconsidered; urges the Council to overcome the current deadlock in the Article 7 TEU procedure and to replace unanimity minus 1 by a majority of four-fifths of the Member States in relation to this procedure in the Council;
Amendment 450 #
2023/2114(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that enlargement is a major financial challenge for the EU, in particular regarding cohesion and agriculture policies; point out that this challenge cannot be met without a larger EU budget and sufficient own resources or potential co-financing instruments; notes that this would be an opportunity to restructure the EU budget, look at its core priorities and let the most financially strong contribute to a newly reformed EU; notes that this adds to growing demands on EU funding in the fields of financial stability, health, energy, decarbonisation, digital, research and defence and security; underlines that such financial reforms must be discussed in parallel with the ongoing accession negotiations and adopted before enlargement takes place; defends its position that the current and future multiannual financial frameworks should be strengthened considerably to enable EU enlargement, and that this financial groundwork must be in place before enlargement takes place;
Amendment 450 #
2023/2114(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that enlargement is a major financial challenge for the EU, in particular regarding cohesion and agriculture policies; point out that this challenge cannot be met without a larger EU budget and sufficient own resources or potential co-financing instruments; notes that this would be an opportunity to restructure the EU budget, look at its core priorities and let the most financially strong contribute to a newly reformed EU; notes that this adds to growing demands on EU funding in the fields of financial stability, health, energy, decarbonisation, digital, research and defence and security; underlines that such financial reforms must be discussed in parallel with the ongoing accession negotiations and adopted before enlargement takes place; defends its position that the current and future multiannual financial frameworks should be strengthened considerably to enable EU enlargement, and that this financial groundwork must be in place before enlargement takes place;
Amendment 474 #
2023/2114(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Deplores the use of unresolved bilateral and regional disputes to block or considerably delay candidate countries’ accession processes and adopt an official mechanism for the resolution and arbitration of these disputes to support their resolution separately from the accession to the EU, as they can hinder the implementation of European policies and weaken the EU’s regional and global influence; recalls that candidate countries should be assessed on the basis of their own merit in complying with the objective criteria for accession, including the implementation of EU-related reforms as well as the policy alignment with the CFSP, such as on positions and restrictive measures taken following the Russian war of aggression against Ukraine;
Amendment 474 #
2023/2114(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Deplores the use of unresolved bilateral and regional disputes to block or considerably delay candidate countries’ accession processes and adopt an official mechanism for the resolution and arbitration of these disputes to support their resolution separately from the accession to the EU, as they can hinder the implementation of European policies and weaken the EU’s regional and global influence; recalls that candidate countries should be assessed on the basis of their own merit in complying with the objective criteria for accession, including the implementation of EU-related reforms as well as the policy alignment with the CFSP, such as on positions and restrictive measures taken following the Russian war of aggression against Ukraine;
Amendment 479 #
2023/2114(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls to improve the consistency, efficiency and transparency of pre- accession assistance, clearly reflecting the priorities in the fundamental areas in the allocation of IPA III funding; calls in particular to introduce stricter and enforcable accountability with regard to the spending of such funding; calls also to improve the visibility of EU funding and the tangible results of it in the enlargement countries;
Amendment 479 #
2023/2114(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls to improve the consistency, efficiency and transparency of pre- accession assistance, clearly reflecting the priorities in the fundamental areas in the allocation of IPA III funding; calls in particular to introduce stricter and enforcable accountability with regard to the spending of such funding; calls also to improve the visibility of EU funding and the tangible results of it in the enlargement countries;
Amendment 481 #
2023/2114(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Calls to strategically apply targeted conditionality based on clear progress benchmarks, rewarding reforms and sanctioning regression or a persistent lack of progress;
Amendment 481 #
2023/2114(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Calls to strategically apply targeted conditionality based on clear progress benchmarks, rewarding reforms and sanctioning regression or a persistent lack of progress;
Amendment 17 #
2023/0441(CNS)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) The scope of the Directive (EU) 2015/637 should also be extended beyond citizens of the Union. In this sense, recognised refugees and other persons who are legally residing in a Member State and are holders of a travel document issued by that Member State should be entitled to consular protection under the same conditions as unrepresented citizens.
Amendment 17 #
2023/0441(CNS)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) The scope of the Directive (EU) 2015/637 should also be extended beyond citizens of the Union. In this sense, recognised refugees and other persons who are legally residing in a Member State and are holders of a travel document issued by that Member State should be entitled to consular protection under the same conditions as unrepresented citizens.
Amendment 18 #
2023/0441(CNS)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1 b) Member states should take an intersectional approach when applying this Directive, including carrying out an intersectional analysis looking at the different needs of vulnerable groups in relation to ongoing and emerging crisis situations.
Amendment 18 #
2023/0441(CNS)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1 b) Member states should take an intersectional approach when applying this Directive, including carrying out an intersectional analysis looking at the different needs of vulnerable groups in relation to ongoing and emerging crisis situations.
Amendment 23 #
2023/0441(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) As first criterion, consular authorities should take into account the difficulty for citizens to safely reach or be reached by the embassy or consulate of their Member State of nationality rapidly and within a reasonable period of time, taking into account the nature and urgency of the assistance requested and the means, notably financial resources, available to them. For example, the need for an EU Emergency Travel Document as a result of the loss of travel documents should, in principle, result in the citizen being considered as unrepresented if reaching the embassy or consulate of his or her Member State of nationality would require overnight or air travel, as he or she cannot be expected to travel under such circumstances.
Amendment 23 #
2023/0441(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) As first criterion, consular authorities should take into account the difficulty for citizens to safely reach or be reached by the embassy or consulate of their Member State of nationality rapidly and within a reasonable period of time, taking into account the nature and urgency of the assistance requested and the means, notably financial resources, available to them. For example, the need for an EU Emergency Travel Document as a result of the loss of travel documents should, in principle, result in the citizen being considered as unrepresented if reaching the embassy or consulate of his or her Member State of nationality would require overnight or air travel, as he or she cannot be expected to travel under such circumstances.
Amendment 29 #
2023/0441(CNS)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) Union delegations should always provide consular assistance tasks where they are the only representation physically located in a third country or where there is an objective need for additional assistance to unrepresented citizens during a crisis situation due to insufficient capacity of Member States’ embassies and consulates.
Amendment 29 #
2023/0441(CNS)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) Union delegations should always provide consular assistance tasks where they are the only representation physically located in a third country or where there is an objective need for additional assistance to unrepresented citizens during a crisis situation due to insufficient capacity of Member States’ embassies and consulates.
Amendment 30 #
2023/0441(CNS)
Proposal for a directive
Recital 13
Recital 13
(13) When providing consular protection to unrepresented citizens, Member States should take into account the specific needs of vulnerable groups, such as unaccompanied minors, pregnant women, persons with reduced mobility, persons with disabilities or individuals at risk of discrimination on any ground such as those referred to in Article 21 of the Charter. The training provided to Union officials and Member States’ diplomatic and consular staff should include practical guidance on how to apply an intersectional approach to the specific needs of vulnerable groups.
Amendment 30 #
2023/0441(CNS)
Proposal for a directive
Recital 13
Recital 13
(13) When providing consular protection to unrepresented citizens, Member States should take into account the specific needs of vulnerable groups, such as unaccompanied minors, pregnant women, persons with reduced mobility, persons with disabilities or individuals at risk of discrimination on any ground such as those referred to in Article 21 of the Charter. The training provided to Union officials and Member States’ diplomatic and consular staff should include practical guidance on how to apply an intersectional approach to the specific needs of vulnerable groups.
Amendment 34 #
2023/0441(CNS)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) Consular crisis preparedness and response training should be provided to Union officials and Member States’ diplomatic and consular staff by the EEAS, in close cooperation with Member States. In order to ensure protection of vulnerable groups, that training should cover practical guidance on how to apply an intersectional approach to the specific needs of vulnerable groups in a crisis situation.
Amendment 34 #
2023/0441(CNS)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) Consular crisis preparedness and response training should be provided to Union officials and Member States’ diplomatic and consular staff by the EEAS, in close cooperation with Member States. In order to ensure protection of vulnerable groups, that training should cover practical guidance on how to apply an intersectional approach to the specific needs of vulnerable groups in a crisis situation.
Amendment 44 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/637
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. Recognised refugees and other persons who are legally residing in a Member State and are holders of a travel document issued by that Member State shall be entitled to consular protection under the same conditions as unrepresented citizens, if the Member State of residence is not represented by a diplomatic or consular authority.
Amendment 44 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/637
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. Recognised refugees and other persons who are legally residing in a Member State and are holders of a travel document issued by that Member State shall be entitled to consular protection under the same conditions as unrepresented citizens, if the Member State of residence is not represented by a diplomatic or consular authority.
Amendment 45 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/637
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. Where Union delegations are the only representation physically located in a third country, or where there is an objective need for additional assistance to unrepresented citizens during a crisis situation due to insufficient capacity of Member States’ embassies and consulates, Union delegations shall provide consular assistance, including issuing Emergency Travel Documents following the provisions set forth by directive 2019/997.
Amendment 45 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/637
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. Where Union delegations are the only representation physically located in a third country, or where there is an objective need for additional assistance to unrepresented citizens during a crisis situation due to insufficient capacity of Member States’ embassies and consulates, Union delegations shall provide consular assistance, including issuing Emergency Travel Documents following the provisions set forth by directive 2019/997.
Amendment 56 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive (EU) 2015/637
Article 12a
Article 12a
(4 a) The following article 12a is inserted: ‘Article 12a Training 1. The EEAS, in close cooperation with Member States, shall provide consular crisis preparedness and response training to Union officials and Member States’ diplomatic and consular staff. That training shall include practical guidance on how to apply an intersectional approach to the specific needs of vulnerable groups in the event of a crisis.’;
Amendment 56 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive (EU) 2015/637
Article 12a
Article 12a
(4 a) The following article 12a is inserted: ‘Article 12a Training 1. The EEAS, in close cooperation with Member States, shall provide consular crisis preparedness and response training to Union officials and Member States’ diplomatic and consular staff. That training shall include practical guidance on how to apply an intersectional approach to the specific needs of vulnerable groups in the event of a crisis.’;
Amendment 69 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13c – paragraph 1 – point c a (new)
Article 13c – paragraph 1 – point c a (new)
(c a) developing automatic notification systems, such as short message systems via telephone networks, to provide all citizens of the Union with basic contact information for consular protection upon arrival to a third country, as well as warning messages in the event of a crisis;
Amendment 69 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13c – paragraph 1 – point c a (new)
Article 13c – paragraph 1 – point c a (new)
(c a) developing automatic notification systems, such as short message systems via telephone networks, to provide all citizens of the Union with basic contact information for consular protection upon arrival to a third country, as well as warning messages in the event of a crisis;
Amendment 70 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13c – paragraph 1 – point c b (new)
Article 13c – paragraph 1 – point c b (new)
(c b) developing a dedicated website with information on the right to consular protection and practical guidance for citizens in the event of a crisis;
Amendment 70 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13c – paragraph 1 – point c b (new)
Article 13c – paragraph 1 – point c b (new)
(c b) developing a dedicated website with information on the right to consular protection and practical guidance for citizens in the event of a crisis;
Amendment 76 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16a – Paragraph 1 – point f a (new)
Article 16a – Paragraph 1 – point f a (new)
(f a) process information and registrations of travels or residence provided in accordance with Article 13(4).
Amendment 76 #
2023/0441(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16a – Paragraph 1 – point f a (new)
Article 16a – Paragraph 1 – point f a (new)
(f a) process information and registrations of travels or residence provided in accordance with Article 13(4).
Amendment 15 #
2023/0371(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In particular, the use of the suspension mechanism should be facilitated by broadening the possible grounds for suspension, adapting the relevant thresholds and procedures, and strengthening the Commission’s monitoring and reporting obligations.
Amendment 15 #
2023/0371(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In particular, the use of the suspension mechanism should be facilitated by broadening the possible grounds for suspension, adapting the relevant thresholds and procedures, and strengthening the Commission’s monitoring and reporting obligations.
Amendment 16 #
2023/0371(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) Where the Commission considers suspending the visa exemption or in cases pursuant to notification by a Member State, its assessment should take into account the potential impact of the suspension on the nationals of the third country concerned.
Amendment 16 #
2023/0371(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) Where the Commission considers suspending the visa exemption or in cases pursuant to notification by a Member State, its assessment should take into account the potential impact of the suspension on the nationals of the third country concerned.
Amendment 18 #
2023/0371(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Union has concluded a number of agreements on the short-stay visa waiver with countries listed in Annex II to Regulation (EU) 2018/1806 which may include different grounds for suspension or different procedures than the ones set out in the suspension mechanism, and may conclude further of those agreements in the future. As the Union respects international agreements and, thus, is bound by these agreements, the relevant different provi. It should be possible for the Union to suspend the visa- free regime, also at the level of Union law, therefore the relevant grounds for suspension in those agreements should be provided in the suspension mechanism. However, the use of the grounds for suspensions set out in tshosert-stay visa waiver agreements should be applied inslimitead tof the relevant provisscope of applications of the suspension mechanismsuch agreements.
Amendment 18 #
2023/0371(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Union has concluded a number of agreements on the short-stay visa waiver with countries listed in Annex II to Regulation (EU) 2018/1806 which may include different grounds for suspension or different procedures than the ones set out in the suspension mechanism, and may conclude further of those agreements in the future. As the Union respects international agreements and, thus, is bound by these agreements, the relevant different provi. It should be possible for the Union to suspend the visa- free regime, also at the level of Union law, therefore the relevant grounds for suspension in those agreements should be provided in the suspension mechanism. However, the use of the grounds for suspensions set out in tshosert-stay visa waiver agreements should be applied inslimitead tof the relevant provisscope of applications of the suspension mechanismsuch agreements.
Amendment 20 #
2023/0371(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 20 #
2023/0371(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 36 #
2023/0371(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) It should be possible for the European Parliament to notifying to the Commission of its view of the existance of the circumstances that may amount to a ground for suspension, in particular in cases of an investor citizenship schemes operated by third countries listed in Annex II to Regulation (EU) 2018/1806, or in cases where visa policy of a third country listed in Annex II to Regulation (EU) 2018/1806 is not aligned with the visa policy of the Union, or in case of a significant and abrupt deterioration in the Union’s external relations with a third country listed in Annex II, or in cases of the existance of the grounds for suspension set out in short-stay visa waiver agreements.
Amendment 36 #
2023/0371(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) It should be possible for the European Parliament to notifying to the Commission of its view of the existance of the circumstances that may amount to a ground for suspension, in particular in cases of an investor citizenship schemes operated by third countries listed in Annex II to Regulation (EU) 2018/1806, or in cases where visa policy of a third country listed in Annex II to Regulation (EU) 2018/1806 is not aligned with the visa policy of the Union, or in case of a significant and abrupt deterioration in the Union’s external relations with a third country listed in Annex II, or in cases of the existance of the grounds for suspension set out in short-stay visa waiver agreements.
Amendment 49 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2018/1806
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In cases where an agreement on the short-stay visa waiver between the Union and a third country listed in Annex II includes provisions on differehas been concluded, Articles 8a, 8e and 8f of this Regulation shall apply without prejudice to the relevant gprounds or procedures for suspension, those provisions shall be applied instead of Articles 8a, 8e and 8f of this Regulationvisions on grounds for suspension and procedures set out in the agreement.
Amendment 49 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2018/1806
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In cases where an agreement on the short-stay visa waiver between the Union and a third country listed in Annex II includes provisions on differehas been concluded, Articles 8a, 8e and 8f of this Regulation shall apply without prejudice to the relevant gprounds or procedures for suspension, those provisions shall be applied instead of Articles 8a, 8e and 8f of this Regulationvisions on grounds for suspension and procedures set out in the agreement.
Amendment 72 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point ga (new)
Article 8a – paragraph 1 – point ga (new)
(g a) any other ground for suspension set out in a short-stay visa waiver agreement between the Union and a third country listed in Annex II, limited to the scope of application of such agreement.
Amendment 72 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point ga (new)
Article 8a – paragraph 1 – point ga (new)
(g a) any other ground for suspension set out in a short-stay visa waiver agreement between the Union and a third country listed in Annex II, limited to the scope of application of such agreement.
Amendment 74 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 2
Article 8a – paragraph 2
2. For the purposes of paragraph 1, points (a), (b) and (d)(i), of this Article a substantial increase shall mean an increase exceeding a threshold of 50%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a lower or higher increase is applicable in the particular case, by providing duly justified reasons for this decision.
Amendment 74 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 2
Article 8a – paragraph 2
2. For the purposes of paragraph 1, points (a), (b) and (d)(i), of this Article a substantial increase shall mean an increase exceeding a threshold of 50%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a lower or higher increase is applicable in the particular case, by providing duly justified reasons for this decision.
Amendment 81 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 3
Article 8a – paragraph 3
3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall mean a recognition rate of asylum applications of less than 4%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a higher recognition rate is applicable in the particular case, by providing duly justified reasons for this decision.
Amendment 81 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 3
Article 8a – paragraph 3
3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall mean a recognition rate of asylum applications of less than 4%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a higher recognition rate is applicable in the particular case, by providing duly justified reasons for this decision.
Amendment 95 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – title
Article 8b – title
Notification by Member States and examination of the notification
Amendment 95 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – title
Article 8b – title
Notification by Member States and examination of the notification
Amendment 99 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 1 – point 1a (new)
Article 8b – paragraph 1 – point 1a (new)
1 a. A Member State may also notify the Commission of the existence of circumstances that amount to the grounds for suspension as referred to in Article 8a(1), points (e), (f), (g) and (ga).
Amendment 99 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 1 – point 1a (new)
Article 8b – paragraph 1 – point 1a (new)
1 a. A Member State may also notify the Commission of the existence of circumstances that amount to the grounds for suspension as referred to in Article 8a(1), points (e), (f), (g) and (ga).
Amendment 100 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 1 – point 1b (new)
Article 8b – paragraph 1 – point 1b (new)
1 b. The European parliament may also notify the Commission of the existence of circumstances that amount to the grounds for suspension as referred to in Article 8a(1), (e), (f), (ga) and (gb).
Amendment 100 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 1 – point 1b (new)
Article 8b – paragraph 1 – point 1b (new)
1 b. The European parliament may also notify the Commission of the existence of circumstances that amount to the grounds for suspension as referred to in Article 8a(1), (e), (f), (ga) and (gb).
Amendment 102 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 2
Article 8b – paragraph 2
2. The notification referred to in paragraph 1, 1a and 1b of this Article shall state the reasons on which it is based and. Where relevant, the notification referred to in paragraph 1 and 1a shall include relevant data and statistics as well as a detailed explanation of the preliminary measures that the Member State concerned has taken with a view to remedying the situation. In its notification, the Member State concerned, or the European Parliament, may specify the categories of nationals of the third country concerned which are to be covered by an implementing act under Article 8e(1), specifying the detailed reasons for doing so.
Amendment 102 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 2
Article 8b – paragraph 2
2. The notification referred to in paragraph 1, 1a and 1b of this Article shall state the reasons on which it is based and. Where relevant, the notification referred to in paragraph 1 and 1a shall include relevant data and statistics as well as a detailed explanation of the preliminary measures that the Member State concerned has taken with a view to remedying the situation. In its notification, the Member State concerned, or the European Parliament, may specify the categories of nationals of the third country concerned which are to be covered by an implementing act under Article 8e(1), specifying the detailed reasons for doing so.
Amendment 104 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 4
Article 8b – paragraph 4
4. The Commission shall examine any notification made pursuant to paragraph 1, 1a and 1b of this Article, taking into account:
Amendment 104 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 4
Article 8b – paragraph 4
4. The Commission shall examine any notification made pursuant to paragraph 1, 1a and 1b of this Article, taking into account:
Amendment 106 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 4 – point a
Article 8b – paragraph 4 – point a
(a) whether any of the circumstances amounting to the grounds referred to in Article 8a(1), points (a), (b), (c), or (d)(i) exist;
Amendment 106 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 4 – point a
Article 8b – paragraph 4 – point a
(a) whether any of the circumstances amounting to the grounds referred to in Article 8a(1), points (a), (b), (c), or (d)(i) exist;
Amendment 162 #
2022/2204(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the adoption of measures on improving the electoral conditions and media environment ahead of the April 2022 elections as a result of the iInter-pParty dDialogue (IPD) facilitated by the European Parliament; welcomes the readiness of the National Assembly to continue this dialogue process; welcomes the readiness of the National Assembly to continue this cooperation and supports the establishment of European Parliament’s co-facilitated Parliamentary Dialogue in Serbia;
Amendment 166 #
2022/2204(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Recalls the importance of following the rules of procedure in the National Assembly, including the timely organisation of parliamentary debates and keeping order in the Assembly during key political debates;
Amendment 186 #
2022/2204(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Welcomes the fair distribution of vice presidential offices and committee chairmanships in the new Assembly which reflect its composition; regrets, however, the return of the unwelcome practices in the work of the parliament, including the absence of government question-time sessions, lack of discussion on reports of independent institutions, and more frequent use of urgent procedures; stresses that the return of these practices reverses most of the progress achieved by the reform of parliament in recent years; expresses concern about the occasional heated atmosphere in the parliament as well as the instances of obstruction of the work of some parliamentary committees;
Amendment 187 #
2022/2204(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Reiterates its call on the National Assembly to avoid abusive inflammatory language and to counter hate speech and sexism towards women during parliamentary debate; calls on the Women’s Parliamentary Network of the Assembly to take a proactive role in this regard;
Amendment 19 #
2022/2203(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas EU membership remains one of North Macedonia's strategic priorities; whereas the EU has reiterated its full and unequivocal commitment to the European perspective of North Macedonia and that the future of the country and its citizens lies within the European Union;
Amendment 25 #
2022/2203(INI)
Motion for a resolution
Recital C
Recital C
C. whereas democratic transformation, the rule of law and reconciliationsocio-economic reforms, as well as the adherence to EU values, rules and standards, play a central role in the EU accession; process;
Amendment 46 #
2022/2203(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the EU continues to strengthen and intensify its engagement at all levels to support North Macedonia’s political, economic and social transformation, including through continued assistance based on tangible progress;
Amendment 75 #
2022/2203(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Commends North Macedonia’s full and consistent alignment with the EU’s foreign and security policy, including its clear-cut response to the aggression against Ukraine by aligning with the EU’s restrictive measures against Russia and Belarus, which clearly demonstrates strong expression of North Macedonia’s strategic choice and place in a community of common EU values; underlines the importance of further deepening the cooperation on foreign policy issues;
Amendment 80 #
2022/2203(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes North Macedonia’s continued active participation in the EU missions and operations under the Common Security and Defence Policy;
Amendment 81 #
2022/2203(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the holding of the 2023 Chairpersonship of the OSCE by North Macedonia in the challenging global geo- political context;
Amendment 87 #
2022/2203(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Urges decision-makers to foster a national consensus on EU integration, building upon a successful start to the screening process, to work towards theWelcomes the ambition of North Macedonia to move forward in the accession negotiation process based on continuing the reform progress; urges all parties in the National Assembly to continue to work together constructively and to build cross-party consensus, focusing on making concrete steps in the negotiations and maintaining the current reform momentum, as well as building upon a successful start of analytical examination of the EU acquis (screening); welcomes the country's ambitious goal of meeting the criteria for EU membership by 2030;
Amendment 92 #
2022/2203(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the 16th meeting of the EU – North Macedonia Stabilisation and Association Council which for the first time took place in Skopje on 17 March 2023, as a continued and strong commitment of the European Union to the European perspective of North Macedonia;
Amendment 153 #
2022/2203(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. StressesCalls on the authorities’ obligation to improve the management of public finances and public investment and ensure integrity, transparency and competition in State aid and public tenders, while strengthening safeguards and conditionality using a strategic foreign investment screening process and prosecuting fraud, abuse of office, tax evasion and the circumvention of sanctions;
Amendment 158 #
2022/2203(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. IWhile acknowledging progress made, invites North Macedonia to fully align with EU visa policy and to limit security risks related to its citizenship-by- investment scheme; urges the authorities to take further action against criminal trafficking networks and to step upcontinue cooperation with the EU’s justice and home affairs agencies;
Amendment 162 #
2022/2203(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the conclusion of the Status Agreement between the EU and North Macedonia on operational activities carried out by the European Border and Coast Guard Agency (Frontex) in North Macedonia and looks forward to its entry into force;
Amendment 194 #
2022/2203(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the importance of removing barriers to the socioeconomic inclusion of persons with disabilities; welcomes the progress made in the de- institutionalisation process, including in the resettlement of persons with disabilities to community-based care;
Amendment 203 #
2022/2203(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Commends North Macedonia’s well-established inter-community harmony and encourages the country to sustain its long- standing commitment to multiculturalism and inclusiona functioning multi-ethnic democracy;
Amendment 236 #
2022/2203(INI)
Motion for a resolution
Subheading 4
Subheading 4
Reconciligional cooperation and good neighbourly relations
Amendment 246 #
2022/2203(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Commends the country’sinued constructive engagement of North Macedonia as part of inclusive regional cooperation initiatives and welcomes its proactive role in the tangible progress reached under the Berlin Process and the EU-Western Balkans summit in Tirana;
Amendment 251 #
2022/2203(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Commends North Macedonia for hosting the meeting of the Belgrade- Pristina Dialogue on 18 March 2023 in Ohrid, confirming that the country nurtures good bilateral relations with its neighbours important for the stability and prosperity of the entire region;
Amendment 256 #
2022/2203(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Warns against attempts by third countries to undermine peaceful inter- community and bilateral relations and deplores all internal and external actions that endanger stability and jeopardise regional reconcilicooperation;
Amendment 278 #
2022/2203(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports efforts to reach an agreement on constitutional changes, in line with the country’s commitments that would include additional communities in the preamble of the North Macedonia’s constitution; calls on the opposition parties to play a constructive role in this regard;
Amendment 289 #
2022/2203(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Urges the authorities to continue to progress on structural reforms that will enable a sustainable recovery and inclusive growth through improved governance, education, digitalisation, social inclusion, formalisation of the economy and upskilling; calls on North Macedonia to mitigate negative economic consequences of the Russia’s war of aggression against Ukraine;
Amendment 299 #
2022/2203(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Invites decision-makers to prioritise energy efficiency measures and welcomes steps to accelerate the energy transition and energy diversification; applauds the EU energy support package for the Western Balkans, including immediate budgetary support of EUR 80 million for North Macedonia’senergy reforms in North Macedonia and to mitigate the socio-economic impact of the energy reformcrisis; urges the authorities to step up efforts to mainstream environmental and climate action across sectors; expresses support for the region’s integration into the EU energy market; welcomes the diversification of energy sources and routes;
Amendment 266 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point o
Paragraph 1 – point o
(o) assisgrant Bosnia and Herzegovina in addressing 14 key priorities, as a precondition for obtaining candidate status(BiH) a candidate status, as a clear message of support and unequivocal commitment to its European perspective as well as a step forward towards the (geo)political stabilization of the country and the whole region;
Amendment 274 #
2022/2064(INI)
Motion for a resolution
Paragraph 1 – point o a (new)
Paragraph 1 – point o a (new)
(o a) recognise that granting BiH candidate status would contribute to de- escalate nationalistic rhetoric, reduce ethnic divisions and inspire optimism which would enable pro-European and pro-democratic forces to participate to the fullest possible extent in the new, more rule of law-based IPA III framework, thereby improving living conditions for the citizens of BiH;
Amendment 41 #
2022/0806(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Approves the Council draft withoutas amendmentsed;
Amendment 48 #
2022/0806(NLE)
Proposal for a decision
Recital 4
Recital 4
(4) On 22 October 2019, the European Commission published a Communication on the verification of the full application of the Schengen acquis by Croatia5, concluding that ‘the Commission considers that Croatia has taken the measures needed to ensure that the necessary conditions for the application of all relevant parts of the Schengen acquis are met. Croatia will need to continue working consistently on the implementation of all the ongoing actions, in particular in the field of management of the external borders, to ensure that these conditions continue to be met. The Commission also confirms that Croatia continues to fulfil the commitments linked to the Schengen acquis as undertaken in its accession negotiations’. Croatia should inform the European Parliament and the Council in writing within six-months of the date of entry into force of this Decision on the follow up to the action plan in the field of the management of external borders and the implementation of any ongoing actions related thereto; __________________ 5 COM (2019) 497 final of 22.10.2019
Amendment 49 #
2022/0806(NLE)
Proposal for a decision
Recital 4 a (new)
Recital 4 a (new)
(4a) In accordance with Article 13 of Council Regulation (EU) 2022/922, the Commission should, in its upcoming annual evaluation programme, include as a priority, either a periodic evaluation of Croatia’s application of the Schengen acquis in the field of management of the external borders, or a thematic evaluation on the respect for fundamental rights at Union external borders that should include a a visit to Croatia. In either case, such an evaluation should assess the compliance of border management operations with fundamental rights requirements under Union and international law. The Commission should make appropriate recommendations for actions aimed at addressing any identified deficiencies;
Amendment 50 #
2022/0806(NLE)
Proposal for a decision
Recital 5
Recital 5
(5) On 9 December 2021, the Council concluded that the conditions for the application of all parts of the relevant acquis had been fulfilled by Croatia6 .and invited Croatia to continue working consistently on the implementation of the Schengen acquis, as well as commitments linked to the Schengen acquis; __________________ 6 ST 14883/21
Amendment 250 #
2022/0134(COD)
Proposal for a directive
Article 4 – paragraph 5 – subparagraph 2
Article 4 – paragraph 5 – subparagraph 2
Regarding persons to whom international protection has been granted, at least half of the period between the date of the lodging of the application for international protection on the basis of which that international protection was granted and the date of the granting of the residence permit referred to in [Article 246 of Directive 2011/95/EU, or the whole of that period if it exceeds 18 monthsRegulation (EU) ..../... Qualifications Regulation], shall be taken into account in the calculation of the period referred to in paragraph 1.
Amendment 35 #
2022/0117(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Article 10(3) of the Treaty on European Union states that every Union citizen has the right to participate in the democratic life of the Union. The Charter of Fundamental Rights of the European Union (the ‘Charter’) provides, inter alia, for the rights to respect for private and family life (Article 7), the protection of personal data (Article 8), freedom of expression and information, which includes respect for the freedom and pluralism of the media (Article 11), freedom of assembly and of association (Article 12), freedom of the arts and sciences (Article 13), and to an effective remedy and to a fair trial (Article 47).
Amendment 50 #
2022/0117(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The purpose of this Directive is to provide protection to natural and legal persons who engageing in public participation on matters of public interest, in particular journalists, media organizations, and human rights defenders, against court proceedingincluding civil society, non-governmental organisations and trade unions, as well as researchers, academics or artists and whistleblowers, against lawsuits, which are initiated against them, as well as the threats thereof, to deter them from public participation (commonly referred to as strategic lawsuits against public participation or ‘SLAPPs’).
Amendment 57 #
2022/0117(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Investigative journalists and media organisations in particular play a key role in combating organised crime, corruption and extremism. Their work carries particularly high risks and they are experiencing a growing number of attacks and harassment. A robust system of safeguards is needed to enable them to fulfil their crucial role as watchdogs on matters of legitimate public interest.
Amendment 66 #
2022/0117(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Human rights defenders also play an important role in European democracies, especially in upholding fundamental rights, democratic values, social inclusion, environmental protection and the rule of law. They should be able to participate actively in public life and make their voice heard on policy matters and in decision-making processes without fear of intimidation. Human rights defenders refers to individuals, groups, or organisations engaged in defending fundamental rights and a variety of other rights, such as civil, political, economic, social, cultural, environmental and climate rights, women’s rights, LGBTIQ rights, the rights of the people with a minority racial or ethnic background, labour rights, trade union rights, or religious freedoms. Other participants in public debate, such as academics and researchers, also deserve adequate protection.
Amendment 70 #
2022/0117(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Other participants in public debate, such as academics and researchers as well as individual persons, such as artists and whistleblower, also deserve adequate protection, since they are also targeted by SLAPPs.
Amendment 77 #
2022/0117(COD)
Proposal for a directive
Recital 9
Recital 9
(9) To foster this environment, it is important to protect journalists and human rights defenders from court proceedingnatural and legal persons engaging in public participation from lawsuits against public participation. Such court proceedings are not initiated for the purpose of access to justice, but to silence public debate typically using harassment and intimidation.
Amendment 83 #
2022/0117(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Court proceedingLawsuits against public participation may have an adverse impact on the credibility and reputation of journalists and human rights defenders andnatural and legal persons engaging in public participation. The negatively affect their credibility and reputation, exhaust their financial and other resources, as well as cause them psychological harm. Because of such proceedinglawsuits, the publication of information on a matter of public interest may be delayed or altogether avoided. The length of procedures and the financial pressure may have a chilling effect on jonaturnalists and human rights defenderslegal persons engaging in public participation. The existence of such practices may therefore have a deterrent effect on their work by contributing to self-censorship in anticipation of possible future court proceedings, which leads to the impoverishment of public debate to the detriment of society as a whole.
Amendment 87 #
2022/0117(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Those targeted by court proceedinglawsuits against public participation may face multiple cases simultaneously, sometimes initiated in several jurisdictions. Proceedings initiated in the jurisdiction of one Member State against a person resident in another Member State are usually more complex and costly for the defendant. Claimants in court proceedinglawsuits against public participation may also use procedural tools to drive up the length and cost of the litigation, and bring cases in a jurisdiction they perceive to be favourable for their case, rather than to the court best placed to hear the claim. Such practices also place unnecessary and harmful burdens on national court systems and lead to a misuse of their resources.
Amendment 89 #
2022/0117(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The safeguards provided in this Directive should apply to any natural or legal person on account of their direct or indirect engagement in public participation. They should also protect natural or legal persons who, either on a professional or on a personal basis, support, assist or provide goods or services to another person for purposes directly linked to public participation on a matter of public interest. This involves for example internet providers, publishing houses or print shops, which face or are threatened with court proceedings for providing services to the person targeted with court proceedings.
Amendment 90 #
2022/0117(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) This Directive also aims at discouraging pre-trail procedures, such as warning letters and cease-and-desist declarations, that are used to silence natural and legal persons engaging in public participation. By giving natural and legal persons engaging in public participation the tools to fight such claims in court effectively, the Directive also helps to prevent such intimidation tactics.
Amendment 92 #
2022/0117(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should apply to any type of legal claim or action of a civil or commercial nature with cross-border implications whatever the nature of the court or tribunal. This includes civil claims brought in criminal proceedinglaims in expedite procedures, such as injunctions. It also includes civil claims brought in criminal proceedings, as they are in essence civil, not criminal claims. It also includes interim and precautionary measures, counteractions or other particular type of remedies available under other instruments.
Amendment 96 #
2022/0117(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Public participation should mean any statement or activity by a natural or legal person expressed or carried out in exercise of the right to freedom of expression and information on a matter of current or future public interest, such as the creation, exhibition, advertisement or other promotion of journalistic, political, scientific, academic, artistic, commentary or satirical communications, publications or works, and any preparatory activities directly linked thereto. ItFuture public interest refers to the fact that a matter may not yet be of public interest, but may become so once the public becomes aware of it for example through a publication or individual complaint. Public participation can also include activities related to the exercise of the right to academic freedom, freedom of association and peaceful assembly, such as the organisation of or participation to lobbying activities, demonstrations and protests or activities resulting from the exercise of the right to good administration and the right to an effective remedy, such as the filing of complaints, petitions, administrative and judicial claims and participation in public hearings. Public participation should also include preparatory, supporting or assisting activities that have a direct and inherent link to the statement or activity in question and that are targeted to stifle public participation. In addition, it can cover other activities meant to inform or influence public opinion or to further action by the public, including activities by any private or public entity in relation to an issue of public interest, such as the organisation of or participation to research, surveys, campaigns or any other collective actions.
Amendment 100 #
2022/0117(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Public participation should also include preparatory, supporting or assisting activities that have a direct and inherent link to the statement or activity in question. Such activities should directly concern a specific act of public participation or be based on a contractual link between the actual target of SLAPP and the person providing the preparatory, supporting or assisting activity. Bringing claims not against a journalist or a human rights defender, but against the media organization, e.g. internet platform on which they publish their work or against the company printing a text or a shop selling the text, can be an effective way of silencing public participation, as without such services opinions cannot be published and thus cannot influence public debate.
Amendment 104 #
2022/0117(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The notion of a matter of public interest should include also quality, safety or other relevant aspects of goods, products or services, including the conditions under which these are produced, where such matters are relevant to public health, safety, the environment, climate or enjoyment of fundamental rights. A purely individual dispute between a consumer and a manufacturer or a service provider concerning a good, product or service should be covered only when the matter contains an element of public interest, for instance concerning a product or service which fails to comply with environmental or safety standards, labour rights, consumer rights or human rights, including the principle of non- discrimination.
Amendment 108 #
2022/0117(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Abusive court proceedings typically involve litigation tactics used in bad faith such as delaying proceedings, causing disproportionate costs to the defendant in the proceedings or forum shoppinglawsuits are characterized by their main purpose to prevent, restrict or penalize public participation or aim to achieve a chilling effect on public participation in the matter at stake; they thus constitute an abuse of substantive or procedural laws. It is a general principle of law, which rights may not be exercised in an abusive way; established i.e. in Article 54 Charter and Article 17 ECHR. The abusive nature of a lawsuit is to be deducted from a totality of the circumstance of the lawsuit. Abusive lawsuits typically involve litigation tactics such as exaggerated or excessive claims, requesting obviously disproportionate prior restraint measures, delaying proceedings, initiating multiple proceedings on similar matters, causing disproportionate costs to the defendant in the proceedings or forum shopping. The extent to which a lawsuit is manifestly unfounded is another indicator for its abusiveness. The past conduct of the claimant and, in particular, any history of legal intimidation should also be considered when determining whether the lawsuits are abusive in nature. A previous early dismissal of a similar claim as abusive should be a prima facie indictor for abusiveness. These tactics are used by the claimant for other purposes than gaining access to justice. Such tactics are often, although not always, combined with various forms of intimidation, harassment or threats.
Amendment 114 #
2022/0117(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) Lawsuits under this Directive entail all proceedings before a court or tribunal in civil matters, including injunctions.
Amendment 118 #
2022/0117(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Defendants should be able to apply for the following procedural safeguards: a request for a security to cover procedural costs, or procedural costs and damages, a request for an early dismissal of manifestly unfounded court proceedingabusive lawsuits, a request for remedies against abusive court proceedinglawsuits (award of costs, compensation of damages and penalties), or all of them at the same time.
Amendment 121 #
2022/0117(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) Proceedings against public participation exposes those targeted to high financial and psychological harm, while confronting them with the need to establish often hard to prove facts like the abusive nature of a lawsuit. In such situation, the defendants should have the right to avail himself of all support necessary to alleviate his burden and make his case. This includes, but is not limited to, the support and providing of information. The defendant should have the right to seek such support from any natural or legal person with a legitimate interest or expertise in safeguarding or promoting the rights of persons engaging in public participation. This encompasses i.e. journalists and academics as well as non-governmental organisations, professional and representative associations, trade unions and other collective bodies acting in the interest of the defendant or with particular knowledge of the claimant, particularly his engagement against public participation.
Amendment 129 #
2022/0117(COD)
Proposal for a directive
Recital 30
Recital 30
(30) If a defendant has applied for early dismissal, it should be for the claimant in the main proceedings to prove in the accelerated procedure that the claim is not manifestly unfoundedabusive. This does not represent a limitation of access to justice, taking into account that the claimant carries the burden of proof in relation todefendant has to prove that the claim in the main proceedings and only needs to meet the much lower threshold of showing that the claim is not manifestly unfounded in order to avoid an early dismissalconcerns public participation and show a prima facie case for abusiveness.
Amendment 142 #
2022/0117(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36a) This directive is not intended to solve all SLAPPs being deployed against persons engaging in public participation. Particular focus should be drawn in the future to the abuse of the criminal law system as well as the administrative law system. In particular, the offence of defamation posed particular dangers of being misused as basis for SLAPPs. The Commission and Member States should work on solutions to address these dangers.
Amendment 151 #
2022/0117(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive provides safeguards against manifestly unfounded or abusive court proceedingabusive lawsuits in civil matters with cross- border implications brought against natural and legal persons, in particular journalists and human rights defenders, on account of their engagement in public participation.
Amendment 157 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘public participation’ means any statement or activity by a natural or legal person expressed or carried out in the exercise of the right to freedom of expression and information, academic freedom, freedom of the press, freedom of association and assembly, the right of collective bargaining and action on a matter of public interest, and. It includes any preparatory, supporting or assisting action directly linked thereto. Thi, in particular the work of media organizations. Covered activities includes complaints, petitions, administrative or judicial claims and participation in public hearings;
Amendment 162 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a
Article 3 – paragraph 1 – point 2 – point a
(a) fundamental and human rights, public health, safety, the environment, or the climate or enjoyment of fundamental rights;
Amendment 165 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point c
Article 3 – paragraph 1 – point 2 – point c
(c) matters under public consideration or reviewunder consideration by a legislative, executive, or judicial body, or any other public official proceedings as well as actions or inactions by government bodies;
Amendment 168 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point d
Article 3 – paragraph 1 – point 2 – point d
(d) allegations of corruption, fraud or criminalityembezzlement as well as sexual harassment and gender based violence or any other criminal or administrative offence;
Amendment 179 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part
Article 3 – paragraph 1 – point 3 – introductory part
3. ‘abusive court proceedinglawsuits against public participation’ mean court proceedings brought in relation to public participation that are fully or partially unfounded and have as their main purpose to prevent, restrict or penalize public participation. Indications of such a purpose can be:
Amendment 183 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point b
Article 3 – paragraph 1 – point 3 – point b
(b) the existence of multiple ongoing or previous proceedings initiated by the claimant or associated parties in relation to similar mattersmatters of public participation;
Amendment 185 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c
Article 3 – paragraph 1 – point 3 – point c
(c) intimidation, harassment or threats on the part of the claimant or his or her representatives.;
Amendment 186 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)
Article 3 – paragraph 1 – point 3 – point c a (new)
(ca) the use of litigation tactics that inflict unreasonable costs on the defendant, including by the choice of jurisdiction or deployment of dilatory motions;
Amendment 192 #
2022/0117(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c b (new)
Article 3 – paragraph 1 – point 3 – point c b (new)
(cb) a previous early dismissal of a similar claim as abusive.
Amendment 196 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that when court proceedinglawsuits are brought against natural or legal persons on account of their engagement in public participation, those persons can apply for:
Amendment 199 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) early dismissal of manifestly unfounded court proceedingsuch lawsuits in accordance with Chapter III;
Amendment 200 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) remedies against abusive court proceedingsuch lawsuits in accordance with Chapter IV.
Amendment 202 #
2022/0117(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States mayshall provide that measures on procedural safeguards in accordance with Chapters III and IV can be taken by the court or tribunal seised of the matter ex officio. Member States shall ensure, that the court or tribunal seized of the matter must take measures under Article 8, 14 and 15 ex officio.
Amendment 206 #
2022/0117(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 209 #
2022/0117(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that a court or tribunal seised of court proceedings against public participation may accept that non- governmental organisationsthe person engaged in public participation has the right to have, subject to her or his approval, any natural or legal person with a legitimate interest or expertise in safeguarding or promoting the rights of persons engaging in public participation may take part in thoseany proceedings, either in support of the defendant covered under this directive, either in support of the person engaged in public participation or to provide information.
Amendment 213 #
2022/0117(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Third party representation Member States shall take the necessary measures to ensure that in any proceedings covered under this directive the defendant has the right to have, subject to her or his request, a body, organisation or association act on her or his behalf.
Amendment 217 #
2022/0117(COD)
Proposal for a directive
Chapter III – title
Chapter III – title
Amendment 219 #
2022/0117(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall empower courts and tribunals to adopt an early decision to dismiss, in full or in part, court proceedinglawsuits against public participation as manifestly unfoundedabusive as defined in Article 3 para. 3.
Amendment 223 #
2022/0117(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States may establish time limits for the exercise of the right to file an application for early dismissal. The time limits shall be proportionate and not render such exercise impossible or excessively difficultThe defendant can move for early dismissal at any stage of the proceedings.
Amendment 231 #
2022/0117(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that where a defendant has applied for early dismissal, it shall be for the claimant to prove that the claimwsuit is not manifestly unfoundedabusive.
Amendment 245 #
2022/0117(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall provide the Commission with all relevant information regarding the application of this Directive by [53 years from the date of transposition] and thereafter on an annual basis. On the basis of the information provided, the Commission shall by [64 years from the date of transposition] at the latest, submit to the European Parliament and the Council an annual report on the application of this Directive. The report shall provide an assessment of the evolution of abusive court proceedinglawsuits against public participation and the impact of this Directive in the Member States. If necessary, the report shall be accompanied by proposals to amend this Directive. Those reports shall be made public.
Amendment 248 #
2022/0117(COD)
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
The Commission shall, based on the application of this Directive on SLAPPs in civil claims brought in criminal proceedings and based on other available information, assess if further action against SLAPPs in criminal proceedings is necessary.
Amendment 239 #
2022/0066(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein without discrimination on account of any ground. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.
Amendment 263 #
2022/0066(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women is a persisting manifestation of structural discrimination against women in all their diversity, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.
Amendment 288 #
2022/0066(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or, sexual orientation, gender identity, gender expression and sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination and violence, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence and domestic violence. For example, acts of gender-based violence which seek to punish victims for their sexual orientation, gender expression, gender identity or sex characteristics such as so- called “corrective rape”, should be given particular attention.
Amendment 308 #
2022/0066(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain or punishment for the victim's sexual orientation, gender identity, gender expression or sex characteristics (so- called "corrective rape"). Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. .
Amendment 345 #
2022/0066(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to address the severe and long-lasting physical and psychological impairments of intersex genital mutilation performed on persons with variations of sex characteristics, also known as intersex persons, this offence should be specifically and adequately addressed in the criminal laws. Non-vital, non- consensual procedures and treatments performed on intersex children assigned female, such as labiaplasties, vaginoplasties, gonadectomies, clitoral “recession” and other forms of clitoral cutting or removal, are specifically based on sexist and misogynistic beliefs aimed at exerting control over intersex girls’ and women’s physical appearance and sexuality. The term "capacity to provide consent" shall be interpreted as the ability to understand the facts, assess the risks and benefits and balance the short- and long-term consequences of the possible choices and make a decision. Member States shall ensure that a minor is deemed capable of providing consent only if all the elements above are assessed to be in place. The term "hormonal treatments" shall be understood as any non- consensual treatments aimed at altering the sex characteristics of the person; it excludes consensual gender affirming hormonal treatments or access to hormone blockers.
Amendment 360 #
2022/0066(COD)
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists and human rights defenders, as well as persons who are part of marginalised communities. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide. Women and girls exposed to discrimination and violence on the basis of a combination of their sex or gender and other grounds are disproportionately affected by cyber violence, including cyber harassment or cyber incitement to violence or hatred.
Amendment 390 #
2022/0066(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The increase in internet and social media usage has led to a sharp rise in public incitement to violence and hatred, including based on sex or gender, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as the presumed anonymity on the internet and sense of impunity reduce people’s inhibition to engage in such speech. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offlinOftentimes, perpetrators of such incitement online are public figures who, due to a presumed impunity, have the effect of legitimising and emboldening acts of violence offline. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. Children and youth can also be the target of violent cyber violence owing to personal characteristics such as disability, racial or ethnic origin, sexual orientation, gender identity, gender expression, sex characteristics or other grounds which, if left unaddressed, may cause social exclusion, anxiety, inducement to inflict self-harm and, in extreme situations, suicide ideation, suicide attempts or actual suicide. This needs to be intercepted at an early stage. The language used in this type of incitement does not always directly refer to the sex or gender of the targeted person(s), but the biased motivation can be inferred from the overall content or context of the incitement.
Amendment 430 #
2022/0066(COD)
Proposal for a directive
Recital 29
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety and providing tailored support, taking into account, among other matters, the individual circumstances of the victim, specific needs and vulnerability. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender.
Amendment 504 #
2022/0066(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Specialised support services should provide support to victims of all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, intersex genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.
Amendment 537 #
2022/0066(COD)
Proposal for a directive
Recital 50
Recital 50
(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, and of intersex genital mutilation, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.
Amendment 558 #
2022/0066(COD)
Proposal for a directive
Recital 53
Recital 53
(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situation and the well-being of their children, ultimately preparing victims for an autonomous life. Member States should ensure the availability of sufficient dedicated domestic violence shelters, with an adequate geographical distribution. A variety of different models should be made available, including single-gender shelters, thereby ensuring maximum flexibility for victims. Shelters should always be available free of charge for the victim.
Amendment 587 #
2022/0066(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women, children, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender- based violence, should receive specific protection and support.
Amendment 603 #
2022/0066(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. Special attention must be paid in awareness-raising campaignst to women andexperiencing discrimination and violence on the basis of the combination of their sex or gender and other grounds, and by victims at an increased risk of domestic violence. Prevention should also take place in formal education, in particular, through strengthening sexualityinclusive sexuality and relationships education and socio- emotional competencies, empathy and developing healthy and respectful relationshipssuch as empathy.
Amendment 632 #
2022/0066(COD)
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes and prejudices, including multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 636 #
2022/0066(COD)
Proposal for a directive
Recital 61 a (new)
Recital 61 a (new)
(61a) Member States should recognise women's civil society organisations, including organisations working with women at a heightened risk of experiencing gender-based violence, as partners in policy development and implementation and should, where relevant, include them in the work of government bodies and committees working to combat violence against women and domestic violence. In addition, other relevant stakeholders should be consulted on relevant issues, such as social partners in relation to sexual harassment at the workplace.
Amendment 653 #
2022/0066(COD)
Proposal for a directive
Recital 65
Recital 65
(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women and domestic violence and design new policy strategies in this field. Data collected should include the context in which the offence took place, such as at home, at the workplace or online, as well as information about whether a victim is at a heightened risk of experiencing gender-based violence, as this will inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination as defined in recital 11. When sharing the data collected, no personal data should be included.
Amendment 685 #
2022/0066(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex or gender and other grounds, as well as to victims at an increased risk of domestic violence, so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5), Article 35(1) and Article 37(7).
Amendment 800 #
2022/0066(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a Intersex Genital Mutilation Member States shall ensure that the following intentional conduct is punishable as a criminal offence: 1) Performing any surgical or medical procedure or hormonal treatment on the sex characteristics of a person with variations of sex characteristics, with the purpose or effect of altering such characteristics so that they align with those considered typically female or male: a. In the case the person referred to in point 1) has the capacity to provide consent to the procedure or treatment, if the person does not provide informed consent; b. In the case the person referred to in point 1) does not have the capacity to provide consent to the procedure or treatment, unless an urgent procedure or treatment is undertaken on reasonable grounds to save the person’s life or prevent serious damage to the person’s physical health. 2) Coercing a person with variations of sex characteristics to undergo any of the procedures or treatments referred to in point 1), or coercing the person holding parental responsibility to authorise any of the procedures referred to in point 1).
Amendment 912 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offences referred to in Articles 6 isand 6a are punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 973 #
2022/0066(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 6 and 6a of at least 10 years from the time when the offence was committed.
Amendment 1042 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or specialised support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services.
Amendment 1070 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex or gender and other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.
Amendment 1107 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialised support services contact victims to offer support.
Amendment 1176 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
(e) how to cater to the enhanced protection and support needs of victims experiencing discrimination based on a combination of sex or gender and other grounds;
Amendment 1294 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for healthcare and social service professionals on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex or gender and other grounds of discrimination.
Amendment 1314 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence, which should clarify whether the motives were related to the sex or gender and other personal characteristics of the victim. These centres shall provide for medical and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.
Amendment 1339 #
2022/0066(COD)
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a Specialist support for victims of intersex genital mutilation 1. Member States shall ensure that victims of intersex genital mutilation are provided with effective support, including gynaecological, psycho-social, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. This shall also include access to treatment and medications needed as a consequence of intersex genital mutilation. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of intersex genital mutilation referred to in paragraph 1 of this Article.
Amendment 1377 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence, including by ensuring that there is access to single- gender shelters. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living.
Amendment 1431 #
2022/0066(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, or older women, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender-based violence.
Amendment 1481 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, capacitating society with the knowledge to understand consent and identify and address instances of violence, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
Amendment 1491 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutilation, intersex mutilation and other harmful practices.
Amendment 1521 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians and midwives, shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female genital mutilation, intersex genital mutilation and other harmful practices.
Amendment 1536 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 5
Article 37 – paragraph 5
5. Without affecting media freedom and pluralism, Member States shall encourage and support the setting up of media training activities by media professionals’ organisations, media self- regulatory bodies and industry representatives or other relevant independent organisations, to combat stereotypical portrayals of women and men, sexist images of women, and victim- blaming in the media, aimed at reducing the risk of all forms of violence against women or domestic violence.
Amendment 1579 #
2022/0066(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic, domestic violence, or specialised non-governmental organisations working with vulnerable women and victims at a heightened risk of violence, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.
Amendment 1626 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offense.
Amendment 103 #
2022/0047(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In recent years, data-driven technologies have had transformative effects on all sectors of the economy. The proliferation in products connected to the Internet of Things in particular has increased the volume and potential value of data for consumers, businesses and society. High quality and interoperable data from different domains increase competitiveness and innovation and ensure sustainable economic growth. The same dataset may potentially be used and reused for a variety of purposes and to an unlimited degree, without any loss in its quality or quantity, while respecting users’ choices and applicable legislation to protect them.
Amendment 110 #
2022/0047(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation ensures that users of a product or related service in the Union can access, in a timely manner, the data generated by the use of that product or related service and that those users can use the data, including by sharing them with third parties of their choice. It imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. It also ensures that data holders make data available to data recipients in the Union under fair, reasonable and non-discriminatory terms and in a transparent manner. Private law rules are key in the overall framework of data sharing. Therefore, this Regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for micro, small or medium-sized enterprises within the meaning of Recommendation 2003/361/EC. This Regulation also ensures that data holders make available to public sector bodies of the Member States and to Union institutions, agencies or bodies, where there is an exceptional need, the data that are necessary for the performance of tasks carried out in the public interestto respond to, prevent, or assist in the recovery from a public emergency. In addition, this Regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the Union. This Regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold, have access to or process data, or as conferring any new right on the data holder to use data generated by the use of a product or related service. Instead, it takes as its starting point the control that the data holder effectively enjoys, de facto or de jure, over data generated by products or related services.
Amendment 112 #
2022/0047(COD)
(7) The fundamental right to the protection of personal data is safeguarded in particular under Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. Directive 2002/58/EC additionally protects private life and the confidentiality of communications, including providing conditions to any personal and non- personal data storing in and access from terminal equipment. These instruments provide the basis for sustainable and responsible data processing, including where datasets include a mix of personal and non-personal data. This Regulation complements and is without prejudice to Union law on data protection and privacy, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC. No provision of this Regulation should be applied or interpreted in such a way as to diminish or limit the right to the protection of personal data or the right to privacy and confidentiality of communications. In the event of a conflict between this Regulation and Union law on the protection of personal data or national law adopted in accordance with such Union law, the relevant Union or national law on the protection of personal data should prevail, except where explicitly foreseen otherwise under the body of this Regulation.
Amendment 116 #
2022/0047(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The principles of data minimisation and data protection by design and by default are essential when processing involves significant risks to the fundamental rights of individuals. Taking into account the state of the art, all parties to data sharing, including where within scope of this Regulation, should implement technical and organisational measures to protect these rights. Such measures include not only anonymisation, pseudonymisation and encryption, but also the use of increasingly available technology that permits algorithms to be brought to the data and allow valuable insights to be derived without the transmission between parties or unnecessary copying of the raw or structured data themselves.
Amendment 125 #
2022/0047(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation unless that data are lawfully processed using the product’s own computing capacity. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question.
Amendment 129 #
2022/0047(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, and without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rightsincluding data processed using the product’s own computing capacity.
Amendment 135 #
2022/0047(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) This Regulation imposes the obligation on data holders to make data available in certain circumstances. Insofar as personal data are processed, the data holder should be a controller under Regulation (EU) 2016/679. Where users are data subjects, data holders should be obliged to provide them access to their data and to make the data available to third parties of the user’s choice in accordance with this Regulation. However, this Regulation does not create a legal basis under Regulation (EU) 2016/679 for the data holder to provide access to personal data or make it available to a third party when requested by a user that is not a data subject and should not be understood as conferring any new right on the data holder to use data generated by the use of a product or related service. This applies in particular where the manufacturer is the data holder. The performance of a contract can only be a legal ground for processing of personal data if the data subject is a party or if steps are being taken at the request of the data subject prior to entering into a contract. The necessity requirement for processing personal data for the performance of a contract pursuant to Article 6(1)(b) of Regulation (EU) 2016/679 cannot be fulfilled by merely providing for processing in a contractual clause. Assessing what is objectively necessary must be fact-based, and this legal ground shall be allowed only in situations where it is not possible to perform service or provide product which the data subject has actively requested or signed up for without processing of specific data. Personal data necessary for the controller’s wider business mode but not necessary for the individual services requested by the data subject, do not fulfil this requirement. In that case, the basis for the manufacturer to use non-personal data should be a contractual agreement between the manufacturer and the user. This agreement may be part of the sale, rent or lease agreement relating to the product. Any contractual term in the agreement stipulating that the data holder may use the data generated by the user of a product or related service should be transparent to the user, including as regards the purpose for which the data holder intends to use the data. This Regulation should not prevent contractual conditions, whose effect is to exclude or limit the use of the data, or certain categories thereof, by the data holder. This Regulation should also not prevent sector-specific regulatory requirements under Union law, or national law compatible with Union law, which would exclude or limit the use of certain such data by the data holder on well- defined public policy grounds.
Amendment 143 #
2022/0047(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The use of a product or related service may, in particular when the user is a natural person, generate data that relates to an identified or identifiable natural person (the data subject). Processing of such data is subject to the rules established under Regulation (EU) 2016/679, including where personal and non-personal data in a data set are inextricably linked64 . The data subject may be the user or another natural person. Personal data may only be requested by a controller or a data subject. A user who is the data subject is under certain circumstances entitled under Regulation (EU) 2016/679 to access personal data concerning them, and such rights are unaffected by this Regulation. Under this Regulation, the user who is a natural person is further entitled to access all data generated by the product, personal and non-personal. Where the user is not the data subject but an enterprise, including a sole trader, and not in cases of shared household use of the product, the user will be a controller within the meaning of Regulation (EU) 2016/679. Accordingly, such a user as controller intending to request personal data generated by the use of a product or related service is required to have a legal basis for processing the data under Article 6(1) of Regulation (EU) 2016/679, such as the consent of the data subject or legitimate interest. This user should ensure that the data subject is appropriately informed of the specified, explicit and legitimate purposes for processing those data, and how the data subject may effectively exercise their rights. Where the data holder and the user are joint controllers within the meaning of Article 26 of Regulation (EU) 2016/679, they are required to determine, in a transparent manner by means of an arrangement between them, their respective responsibilities for compliance with that Regulation. It should be understood that such a user, once data has been made available, may in turn become a data holder, if they meet the criteria under this Regulation and thus become subject to the obligations to make data available under this Regulation. Where the user is a Union institution, agency or body, Regulation(EU) 2018/1725 should apply unprejudiced. _________________ 64 OJ L 303, 28.11.2018, p. 59–68.
Amendment 145 #
2022/0047(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Data generated by the use of a product or related service should only be made available to a third party at the request of the user. This Regulation accordingly complements the right provided under Article 20 of Regulation (EU) 2016/679. That Article provides for a right of data subjects to receive personal data concerning them in a structured, commonly used and machine-readable format, and to port those data to other controllers, where those data are processed on the basis of Article 6(1), point (a), or Article 9(2), point (a), or of a contract pursuant to Article 6(1), point (b). Data subjects also have the right to have the personal data transmitted directly from one controller to another, but only where technically feasible. Article 20 specifies that it pertains to data provided by the data subject but does not specify whether this necessitates active behaviour on the side of the data subject or whether it also applies to situations where a product or related service by its design observes the behaviour of a data subject or other information in relation to a data subject in a passive manner. The right under this Regulation complements the right to receive and port personal data under Article 20 of Regulation (EU) 2016/679 in several ways. It grants users the right to access and make available to a third party to any data generated by the use of a product or related service, irrespective of its nature as personal data, of the distinction between actively provided or passively observed data, and irrespective of the legal basis of processing. Unlike the technical obligations provided for in Article 20 of Regulation (EU) 2016/679, this Regulation mandates and ensures the technical feasibility of third party access for all types of data coming within its scope, whether personal or non-personal. It also allows the data holder to set reasonable compensation to be met by third parties, but not by the user, forwhich cannot exceed any cost incurred in providing direct access to the data generated by the user’s product. If a data holder and third party are unable to agree terms for such direct access, the data subject should be in no way prevented from exercising the rights contained in Regulation (EU) 2016/679, including the right to data portability, by seeking remedies in accordance with that Regulation. It is to be understood in this context that, in accordance with Regulation (EU) 2016/679, a contractual agreement does not allow for the processing of special categories of personal data by the data holder or the third party.
Amendment 148 #
2022/0047(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In line with the data minimisation principle, the third party should only access additional information that is necessary for the provision of the service requested by the user. Having received access to data, the third party should process it exclusively for the purposes agreed with the user, without interference from the data holder. It should be as easy for the user to refuse or discontinue access by the third party to the data as it is for the user to authorise access. The data holder or the third party should not make the exercise of rights or choices of users unduly difficult, including by offering choices to users in a non-neutral manner, or coerce, deceive or manipulate the user in any way, byor subverting or impairing the autonomy, decision-making or free choices of the user, including by means of a digital interface with the user. in this context,or a part thereof, including its structure, design, function or manner of operation. In this context, data holders and third parties should not rely on so-called dark patterns in designing their digital interfaces. Dark patterns are design techniques that push or deceive consumers into decisions that have negative consequences for them. These manipulative techniques can be used to persuade users, particularly vulnerable consumers, to engage in unwanted behaviours, and to deceive users by nudging them into decisions on data disclosure transactions or to unreasonably bias the decision-making of the users of the service, in a way that subverts and impairs their autonomy, decision-making and choice. Common and lLegitimate commercial practices that are in compliance with Union law should not in themselves be regarded as constituting dark patterns. Third parties should comply with their obligations under relevant Union law, in particular the requirements set out in Directive 2005/29/EC, Directive 2011/83/EU, Directive 2000/31/EC and Directive 98/6/EC.
Amendment 152 #
2022/0047(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 154 #
2022/0047(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In order to compensate for the lack of information on the conditions of different contracts, which makes it difficult for the data recipient to assess if the terms for making the data available are non- discriminatory, it should be on the data holder to demonstrate that a contractual term is not discriminatory. It is not unlawful discrimination, where a data holder uses different contractual terms for making data available or different compensation, if those differences are justified by objective reasons. These obligations are without prejudice to Regulation (EU) 2016/679.
Amendment 155 #
2022/0047(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In order to incentivise the continued investment in generating valuable data, including investments in relevant technical tools, this Regulation contains the principle that the data holder may request reasonable compensation when legally obliged to make data available to the data recipient. These provisions should not be understood as paying for the data itself, but in the case of micro, small or medium-sized enterprises, for the costs incurred and investment required for making the data availableThis Regulation precludes the data holder or the third party from directly or indirectly charging users a fee, or any compensation of costs for sharing or accessing data.
Amendment 157 #
2022/0047(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) To protect micro, small or medium-sized enterprises from excessive economic burdens which would make it commercially too difficult for them to develop and run innovative business modelsavoid directly or indirectly incentivising the commercialisation or trade of personal data, the compensation for making data available to be paid by them should not exceed the direct cost of making the data available and be non-discriminatory.
Amendment 158 #
2022/0047(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 159 #
2022/0047(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Transparency is an important principle to ensure that the compensation requested by the data holder is reasonable, or, in case the data recipient is a micro, small or medium-sized enterprise, that the compensation does not exceed the costs directly related to making the data available to the data recipient and is attributable to the individual request. In order to put the data recipient in the position to assess and verify that the compensation complies with the requirements under this Regulation, the data holder should provide to the data recipient the information for the calculation of the compensation with a sufficient degree of detail.
Amendment 163 #
2022/0047(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In situations of exceptional need, it may be necessary for public sector bodies or Union institutions, agencies or bodies to use data held by an enterprise to respond to public emergencies or in other exceptional cases. Research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. To limit the burden on businesses, micro and small enterprises should be exempted from the obligation to provide public sector bodies and Union institutions, agencies or bodies data in situations of exceptional need.
Amendment 173 #
2022/0047(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) An exceptional need may also arise when a public sector body can demonstrate that the data are necessary either to prevent a public emergency, or to assist recovery from a public emergency, in circumstances that are reasonably proximate to the public emergency in question. Where the exceptional need is not justified by the need to respond to, prevent or assist recovery from a public emergency, the public sector body or the Union institution, agency or body should demonstrate that the lack of timely access to and the use of the data requested prevents it from effectively fulfilling a specific task in the public interest that has been explicitly provided in law. Such exceptional need may also occur in other situations, for example in relation to the timely compilation of official statistics when data is not otherwise available or when the burden on statistical respondents will be considerably reduced. At the same time, the public sector body or the Union institution, agency or body should, outside the case of responding to, preventing or assisting recovery from a public emergency, demonstrate that no alternative means for obtaining the data requested exists and that the data cannot be obtained in a timely manner through the laying down of the necessary data provision obligations in new legislation.
Amendment 177 #
2022/0047(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) A proportionate, limited and predictable framework at Union level is necessary for the making available of data by data holders, in cases of exceptional needs, to public sector bodies and to Union institution, agencies or bodies both to ensure legal certainty and to minimise the administrative burdens placed on businesses. To this end, data requests by public sector bodies and by Union institution, agencies and bodies to data holders should be transparent and proportionate in terms of their scope of content and their granularity. The purpose of the request and the intended use of the data requested should be specific and clearly explained, while allowing appropriate flexibility for the requesting entity to perform its tasks in the public interest. The request should also respect the legitimate interests of the businesses to whom the request is made. The burden on data holders should be minimised by obliging requesting entities to respect the once-only principle, which prevents the same data from being requested more than once by more than one public sector body or Union institution, agency or body where those data are needed to respond to a public emergency. To ensure transparency, data requests made by public sector bodies and by Union institutions, agencies or bodies should be made public without undue delay by the entity requesting the data and online public availability of all requests justified by a public emergency should be ensured.
Amendment 182 #
2022/0047(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) The objective of the obligation to provide the data is to ensure that public sector bodies and Union institutions, agencies or bodies have the necessary knowledge to respond to, prevent or recover from public emergencies or to maintain the capacity to fulfil specific tasks explicitly provided by law. The data obtained by those entities may be commercially sensitive. Therefore, Directive (EU) 2019/1024 of the European Parliament and of the Council65 should not apply to data made available under this Regulation and should not be considered as open data available for reuse by third parties. This however should not affect the applicability of Directive (EU) 2019/1024 to the reuse of official statistics for the production of which data obtained pursuant to this Regulation was used, provided the reuse does not include the underlying data. In addition, it should not affect the possibility of sharing the data for conducting research or for the compilation of official statistics, provided the conditions laid down in this Regulation are met. Public sector bodies should also be allowed to exchange data obtained pursuant to this Regulation with other public sector bodies to address the exceptional needs for which the data has been requested. _________________ 65 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
Amendment 186 #
2022/0047(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Data holders should have the possibility to either ask for a modification of the request made by a public sector body or Union institution, agency and body or its cancellation in a period of 5 or 15 working days depending on the nature of the exceptional need invoked in the request. In case of requests motivated by a public emergency,A justified reason not to make the data available should exist if it can be shown that the request is similar or identical to a previously submitted request for the same purpose by another public sector body or by another Union institution, agency or body. A data holder rejecting the request or seeking its modification should communicate the underlying justification for refusing the request to the public sector body or to the Union institution, agency or body requesting the data. In case the sui generis database rights under Directive 96/6/EC of the European Parliament and of the Council66 apply in relation to the requested datasets, data holders should exercise their rights in a way that does not prevent the public sector body and Union institutions, agencies or bodies from obtaining the data, or from sharing it, in accordance with this Regulation. _________________ 66 Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27.3.1996, p. 20).
Amendment 192 #
2022/0047(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) When the safeguarding of a significant public good is at stake, such as is the case of responding to public emergencies, the public sector body or the Union institution, agency or body should not be expected to compensate enterprises for the data obtained. Public emergencies are rare events and not all such emergencies require the use of data held by enterprises. The business activities of the data holders are therefore not likely to be negatively affected as a consequence of the public sector bodies or Union institutions, agencies or bodies having recourse to this Regulation. However, as cases of an exceptional need other than responding to a public emergency might be more frequent, including cases of prevention of or recovery from a public emergency, data holders should in such cases be entitled to a reasonable compensation which should not exceed the technical and organisational costs incurred in complying with the request and the reasonable margin required for making the data available to the public sector body or to the Union institution, agency or body. The compensation should not be understood as constituting payment for the data itself and as being compulsory.
Amendment 196 #
2022/0047(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) In order to ensure the efficient implementation of this Regulation, Member States should designate one or more competent authorities. If a Member State designates more than one competent authority, it should also designate a coordinating competent authority. Competent authorities should cooperate with each other. The authorities responsible for the supervision of compliance with data protection and competent authorities designated under sectoral legislation should have the responsibility for application of this Regulation in their areas of competence.
Amendment 202 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down harmonised rules on making data generated by the use of a product or related service available to the user of that product or service, on the making data available by data holders to data recipients, and on the making data available by data holders to public sector bodies or Union institutions, agencies or bodies, where there is an exceptional need, for the performance of a task carried out in the public interestdue to a public emergency:
Amendment 208 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) public sector bodies and Union institutions, agencies or bodies that request data holders to make data available where there is an exceptional need to that data for the performance of a task carried out in the public interestdue to a public emergency explicitly provided by law, and the data holders that provide those data in response to such request;
Amendment 210 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Union law on the protection of personal data, privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data processed in connection with the rights and obligations laid down in this Regulation. This Regulation shall not affect the applicability of Union law on the protection of personal data, in particular Regulation (EU) 2016/679, Regulation (EU) 2018/1725 and Directive 2002/58/EC, including the powers and competences of supervisory authorities. Insofar as the rights laid down in Chapter II of this Regulation are concerned, and where users are the data subjects of personal data subject to the rights and obligations under that Chapter, the provisions of this Regulation shall complement the right of data portability under Article 20 of Regulation (EU) 2016/679. In the event of a conflict between this Regulation and Union law on the protection of personal data or national law adopted in accordance with such Union law, the relevant Union or national law on the protection of personal data shall prevail. However, insofar as the processing of personal data made available to a data recipient pursuant to Article 5 of this Regulation is restricted in line with Article 6 of this Regulation, these provisions should be understood as taking precedence over Article 6 of Regulation (EU) 2016/679. This Regulation does not create a legal basis for the processing of personal data and no provision of this Regulation should be applied or interpreted in such a way as to diminish or limit the right to the protection of personal data or the right to privacy and confidentiality of communications.
Amendment 225 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) ‘personal data’ means personal data as defined in Article 4, point(1), of Regulation (EU) 2016/679;
Amendment 227 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) 'non-personal data' means data other than personal data;
Amendment 229 #
2022/0047(COD)
(1 c) ‘consent’ means consent as defined in Article 4, point (11), of Regulation (EU) 2016/679;
Amendment 232 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 d (new)
Article 2 – paragraph 1 – point 1 d (new)
(1 d) 'data subject' means data subject as referred to in Article 4, point (1), of Regulation (EU) 2016/679;
Amendment 235 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘product’ means a tangible, movable item, including where incorporated in an immovable item, item that obtains, generates or collects, data concerning its use or environment, and that is able to communicate data via a publicly available electronic communications service and whose primary function is not the storing and processing of data nor is it primarily designed to display or play content, or to record and transmit content;
Amendment 240 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘user’ means a natural or legal person that owns, rents or leases a product or receives a servicesrelated service, and the data subject;
Amendment 245 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘data recipient’ means a legal or natural person, acting for purposes which are related to that person’s trade, business, craft or profession, other than the user of a product or related service, to whom the data holder makes data available, including a third party following an explicit request by the user to the data holder or in accordance with a legal obligation under Union law or national legislation implementing Union law, and including a third party to whom the data is directly made available by the user;
Amendment 246 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8 a) ‘added value service’ means any service provided to the user that can be enabled or improved by access and use of data generated by the use of the product or related service, including personalised services which mean services that, based on the processing of data of the user, offer individualised services to the user such as diet plans, route planning, fitness training, electricity consumption optimisation. They do not include purposes of direct marketing or advertising, credit scoring or determining eligibility to insurances, to calculate or modify insurance premiums or the services of a data broker, even if the data broker shares data with others that provide personalised services;
Amendment 248 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘public sector body’ means national, regional or local authorities of the Member States and bodies governed by public law of the Member States, or associations formed by one or more such authorities or one or more such bodies who have the ability to securely and reliably process the data requested from data holders;
Amendment 251 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation such as public health emergencies, major natural disasters, including those aggravated by climate change and environmental degradation, and major man-made disasters, such as major cybersecurity incidents, negatively affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s); and it is determined according to the respective procedures under Union or national law;
Amendment 260 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user in a structured, commonly used and machine-readable format, free of charge. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data subjects, irrespective of their legal title over the product, are offered the possibility to use the products covered by this Regulation anonymously or in the least privacy-intrusive way possible, such as by anonymising the data. Where users can reasonably expect it due to the nature of the product, products shall be designed and manufactured, and related services shall be provided, in such a manner that a basic set of functionalities is maintained when the product or related service is used offline.
Amendment 265 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. The data holder shall not make the usability of the product or related service dependent on the user allowing it to process data not required for the functionality of the product or provision of the related service.
Amendment 268 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1 b. The data holder shall not incentivise, directly or indirectly, the commercialisation and trade of personal data.
Amendment 269 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Before concluding a contract for the purchase, rent or lease of a product or a related service, users should be presented with granular, meaningful consent options for data processing, within the meaning of Article 4(11) of Regulation (EU) 2016/679, differentiating between data that is essential for the functioning of the product and a related service and other types of data. In addition, at least the following information shall be provided to the user, in a timely and prominent manner, in an easily accessible, clear and comprehensible format:
Amendment 273 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) how the user may access and request a copy of those data;
Amendment 277 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) whether the manufacturer supplying the product or the service provider providing the related service intends to use the data itself or allow a third party to use the data and, if so, the identity of the third party and the purposes for which those data will be used;
Amendment 278 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) whether the seller, renter or lessor is the data holder and, if not, the identity of the data holder, such as its trading name, contact details and the geographical address at which it is established;
Amendment 283 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the data generated by its use of a product or related service without undue delay, free of charge and, where applicable, continuously and in real-time in a structured, commonly used and machine-readable format. This shall be done on the basis of a simple request through electronic means where technically feasible.
Amendment 290 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Where the user is not a data subject, any personal data generated by the use of a product or related service shall only be made available by the data holder to the user where all conditions and rules provided by data protection legislation are complied with, notably where there is a valid legal basis under Article 6(1) of Regulation (EU) 2016/679 and, where relevant, the conditions of Article 9 of Regulation (EU) 2016/679 679 and Article 5(3) of Directive 2002/58/EC are fulfilled.
Amendment 293 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Upon explicit request by a user, or by a party acting on behalf of a user, the data holder shall make available the data generated by the use of a product or related service to a third party, without undue delay, free of charge to the user, of the same quality as is available to the data holder and, where applicable, continuously and in real-time. and only for the purposes of:
Amendment 294 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a (new)
Article 5 – paragraph 1 – point a (new)
(a) the provision of aftermarket services, such as the maintenance and repair of the product or related service, including aftermarket services in competition with a product or related service provided by the data holder;
Amendment 295 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b (new)
Article 5 – paragraph 1 – point b (new)
(b) the provision of an added value service explicitly requested by the user;
Amendment 296 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c (new)
Article 5 – paragraph 1 – point c (new)
(c) specific data intermediation services recognised in the Union or specific services provided by data altruism organisations recognised in the Union under the conditions and requirements of Chapters III and IV of Regulation (EU) 2022/868;
Amendment 297 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d (new)
Article 5 – paragraph 1 – point d (new)
(d) research and innovation predominantly in the public interest;
Amendment 298 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e (new)
Article 5 – paragraph 1 – point e (new)
(e) purposes of non-profit organisations predominantly in the public interest.
Amendment 304 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The user or third party shall not be required to provide any information beyond what is strictly necessary to verify the quality as user or as third party pursuant to paragraph 1. The data holder shall not keep any information on the third party’s access to the data requested beyond what is necessary for the sound execution of the third party’s access request and for the security and the maintenance of the data infrastructure.
Amendment 307 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Where the user is not a data subject, any personal data generated by the use of a product or related service shall only be made available by the data holder to the third party where all conditions and rules provided by data protection legislation are complied with, notably where there is a valid legal basis under Article 6(1) of Regulation (EU) 2016/679 and where relevant, the conditions of Article 9 of Regulation (EU) 2016/679 and Article 5(3) of Directive2002/58/EC are fulfilled.
Amendment 313 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. A third party shall process thepersonal data made available to it pursuant to Article 5 only for the purposes and under the conditions agreed with the user, and specific purposes mentioned in article 5, paragraph 1 and under the conditions agreed with the user, and where all conditions and rules provided by data protection legislation are complied with, notably where there is a valid legal basis under Article 6 of Regulation (EU) 2016/679 and where relevant, the conditions of Article 9 of Regulation (EU) 2016/679 and Article 5(3) of Directive 2002/58/EC are fulfilled and subject to the rights of the data subject insofar as personal data are concerned, and shall delete the data when they are no longer necessary for the agreed purposeexplicitly requested purpose in line with paragraph 1 of article 5.
Amendment 318 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) make the exercise of the rights or choices of users unduly difficult including by offering choices to the users in a non- neutral manner, or coerce, deceive or manipulate the user in any way, byor subverting or impairing the autonomy, decision-making or choices of the user, including by means of a digital interface with the useror a part thereof, including its structure, design, function or manner of operation;
Amendment 322 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) use the data it receives for the profiling of natural persons within the meaning of Article 4(4) of Regulation (EU) 2016/679, unless it is strictly necessary to provide the servicepecific service explicitly requested by the user;
Amendment 325 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) make the data available it receives to another third party, in raw, aggregated or derived form, unless this is necessary to provide the service requested by the user, and the user has explicitly been made aware of this in a clear, easily accessible and prominent way and, in the case of personal data, the rights and obligations of Regulation (EU) 2016/679 are respected;
Amendment 329 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f a (new)
Article 6 – paragraph 2 – point f a (new)
Amendment 330 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f b (new)
Article 6 – paragraph 2 – point f b (new)
(f b) incentivise, directly or indirectly, the commercialisation and trade of personal data.
Amendment 333 #
2022/0047(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The obligations of this Chapter related to business to business data sharing shall not apply to data generated by the use of products manufactured or related services provided by enterprises that qualify as micro or small enterprises, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, provided those enterprises do not have partner enterprises or linked enterprises as defined in Article 3 of the Annex to Recommendation 2003/361/EC which do not qualify as a micro or small enterprise.
Amendment 335 #
2022/0047(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Unfair contractual terms imposed on users Any contractual term by data holders, third parties or data recipients which, to the detriment of the user, excludes the application of this Chapter, derogates from it, or varies its effect, shall not be binding on that party.
Amendment 337 #
2022/0047(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. A data holder shall not make data available to a data recipient on an exclusive basis unless explicitly requested by the user under Chapter II.
Amendment 340 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Any compensation agreed between a data holder and a data recipient for making data available shall be reasonable and shall not exceed the costs directly related to making the data available. The data holder or the third party may not directly or indirectly charge users a fee or any compensation of costs for sharing or accessing data.
Amendment 342 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 345 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The data holder shall provide the data recipient with information setting out the basis for the calculation of the compensation in sufficient detail so that the data recipient can verify that the requirements of paragraph 1 and, where applicable, paragraph 2 are met.
Amendment 347 #
2022/0047(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Data holders and data recipients shall have access to dispute settlement bodies, certified in accordance with paragraph 2 of this Article, to settle disputes in relation to the determination of fair, reasonable and non-discriminatory terms for and the transparent manner of making data available in accordance with Articles 8 and 9. This is without prejudice to the data subjects’ rights to seek redress before a supervisory authority, and to the controller’s data protection obligations.
Amendment 349 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to hinder the user’s right to access data, obtain a copy or effectively provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1). Where personal data is concerned, these technical measures shall be consistent with the obligation of the data controller to implement appropriate technical and organisational measures so as to ensure a level of security appropriate to the risk of the personal data processing pursuant to data protection legislation.
Amendment 352 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. A data recipient that has, for the purposes of obtaining data, provided inaccurate or false information to the data holder, deployed deceptive or coercive means or abused evident gaps in the technical infrastructure of the data holder designed to protect the data, has used the data made available for unauthorised purposes or has disclosed those data to another party without the data holder’s authorisation or in the case of personal data, an appropriate legal basis, shall without undue delay, unless the data holder or the user instruct otherwise:
Amendment 356 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 3 – introductory part
Article 11 – paragraph 3 – introductory part
3. Paragraph 2, point (b), shall not apply in either of the following cases where non-personal data are concerned:
Amendment 359 #
2022/0047(COD)
2 a. Any contractual term in a data sharing agreement between data holders and data recipients which, to the detriment of the data subjects, undermines the application of their rights to privacy and data protection, derogates from it, or varies its effect, shall not be binding on that party.
Amendment 365 #
2022/0047(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 371 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
An exceptional need to use data within the meaning of this Chapter shall be deemed to exist in any of the following circumstances:
Amendment 372 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) where the data requested is necessary to respond tolimited in time and scope and necessary to respond to a public emergency or to help prevent a public emergency or to assist the recovery from a public emergency;
Amendment 374 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 377 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
Amendment 385 #
2022/0047(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This Chapter shall not affect obligations laid down in Union or national law for the purposes of reporting, complying with information requests or demonstrating or verifying compliance with legal obligations, including in relation to official statistics.
Amendment 410 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Where compliance with the request to make data available to a public sector body or a Union institution, agency or body requires the disclosure of personal data, the data holder shall take reasonable efforts to pseudonymise the data, insofar as the request can be fulfilled with pseudonymised data.
Amendment 424 #
2022/0047(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 463 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Each Member State shall designate one or more competent authoritiesy as responsible for the application and enforcement of this Regulation. Member States may establish one or morea new authoritiesy or rely on existing authorities.
Amendment 464 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1 a. The independent supervisory authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall be responsible for monitoring the application of this Regulation insofar as the protection of personal data is concerned. Chapters VI and VII of Regulation (EU) 2016/679 shall apply mutatis mutandis. The European Data Protection Supervisor shall be responsible for monitoring the application of this Regulation insofar as it concerns the Union institutions, bodies, offices and agencies. Where relevant, Article 62 of Regulation 2018/1725 shall apply mutatis mutandis. The tasks and powers of the supervisory authorities shall be exercised with regard to the processing of personal data.
Amendment 468 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point a
Article 31 – paragraph 2 – point a
Amendment 473 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point c
Article 31 – paragraph 2 – point c
(c) the national competent authority responsible for the application and enforcement of Chapter VI of this Regulation shall have experience, , sufficient technical and human resources and expertise in the field of data and electronic communications services.
Amendment 479 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point i a (new)
Article 31 – paragraph 3 – point i a (new)
(i a) ensuring data sharing is free of charge for users.
Amendment 480 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Where a Member State designates more than one competent authority, tThe competent authorities shall, in the exercise of the tasks and powers assigned to them under paragraph 3 of this Article, cooperate with each other, including, as appropriate, with the supervisory authority responsible for monitoring the application of Regulation (EU) 2016/679, to ensure the consistent application of this Regulation. In such cases, relevant Member States shall designate a coordinating competent authority.
Amendment 482 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Member States shall communicate the name of the designated competent authorities and their respective tasks and powers and, where applicable, the name of the coordinating competent authority to the Commission. The Commission shall maintain a public register of those authorities.
Amendment 488 #
2022/0047(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
The Commission shall develop and recommend non-binding model contractual terms on data access and use to assist parties in drafting and negotiating contracts with balanced contractual rights and obligations. The Commission shall consult the European Data Protection Board when developing such model contractual terms, as far as personal data are concerned.