Activities of Theresa BIELOWSKI
Plenary speeches (17)
Racial justice, non-discrimination and anti-racism in the EU (debate)
EU response to the increasing crackdown on protests in Iran (debate)
The need for a European solution on asylum and migration including search and rescue (debate)
Eliminating violence against Women (debate)
Towards equal rights for persons with disabilities (debate)
The recent JHA Council decision on Schengen accession (debate)
The Commission’s reports on the situation of journalists and the implications of the rule of law (debate)
Human rights and democracy in the world and the European Union’s policy on the matter - annual report 2022 (debate)
Terrorist threats posed by far-right extremist networks defying the democratic constitutional order (debate)
Criminalisation of humanitarian assistance, including search and rescue (debate)
Humanitarian consequences of the blockade in Nagorno-Karabakh
Council of Europe Convention on preventing and combating violence against women and domestic violence – EU accession: institutions and public administration of the Union - Council of Europe Convention on preventing and combating violence against women and domestic violence - EU accession: judicial cooperation in criminal matters, asylum and non-refoulement (debate)
2023 Annual Rule of law report (debate)
2022 Report on Albania (debate)
The need for EU action on search and rescue in the Mediterranean (debate)
Frontex, building on the fact-finding investigation of the LIBE Working Group for Frontex Scrutiny (debate)
Implementation report on the EU LGBTIQ Equality Strategy 2020-2025 (continuation of debate)
Shadow reports (4)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the labelling of organic pet food
REPORT on a European Parliament recommendation concerning negotiations on a status agreement between the European Union and the Islamic Republic of Mauritania on operational activities carried out by the European Border and Coast Guard Agency (Frontex) in the Islamic Republic of Mauritania
REPORT on a European Parliament recommendation to the Commission concerning on the ongoing negotiations on a status agreement on operational activities carried out by the European Border and Coast Guard Agency (Frontex) in Senegal
RECOMMENDATION on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Albania on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Albania
Shadow opinions (3)
OPINION on the proposal for a regulation of the European Parliament and of the Council on prohibiting products made with forced labour on the Union market
OPINION on the ongoing negotiations on a status agreement on operational activities carried out by the European Border and Coast Guard Agency (Frontex) in Senegal
OPINION on the ongoing negotiations on a status agreement on operational activities carried out by the European Border and Coast Guard Agency (Frontex) in Mauritania
Institutional motions (2)
MOTION FOR A RESOLUTION on growing hate crimes against LGBTIQ+ people across Europe in light of the recent homophobic murder in Slovakia
MOTION FOR A RESOLUTION on Commission Delegated Regulation of 12 March 2024 amending Commission Delegated Regulation (EU) 2022/126 supplementing Regulation (EU) 2021/2115 of the European Parliament and of the Council as regards the rules on the ratio for the good agricultural and environmental condition (GAEC) standard 1
Written explanations (1)
Convention on Cybercrime on enhanced co-operation and disclosure of electronic evidence: Second Additional Protocol (A9-0002/2023 - Juan Fernando López Aguilar)
Personenbezogene Daten europäischer Bürger müssen weltweit europäisches Schutzniveau aufweisen. Das bedeutet, dass Daten europäischer Bürger überall so geschützt sein müssen, wie sie es in Europa wären. Wenn Länder oder Drittstaaten dieses Schutzniveau aber nicht bieten und garantieren können, so ist der Zugang zu europäischen personenbezogenen Daten beziehungsweise der Austausch damit nicht (rechts)konform. Einmal Zugang gewährt, ist es nicht mehr möglich, die Daten wieder zurückzuholen. Zudem erlaubt das vorliegende Protokoll die Übermittlung personenbezogener Daten direkt von privaten Dienstleistern in der EU an Strafverfolgungsbehörden in jeder gegenwärtigen oder zukünftigen Vertragspartei, was Kontrolle verunmöglicht. Die Zustimmung zum zweiten Protokoll zur Cybercrime-Konvention haben wir nicht gegeben, da sie in einem besonders sensiblen Bereich der Strafverfolgung und Beweissicherung das Grundrecht auf Schutz der Privatsphäre und Datenschutz unterminiert. Wir setzen uns bedingungslos für strengen Schutz der persönlichen Daten von europäischen Bürgern und die Einhaltung der europäischen datenschutzrechtlichen Bestimmungen ein.
Written questions (10)
Reducing forced labour and child labour in EU supply chains by 2025
Reports on the use of EU funding to carry out fundamental rights violations at EU borders
EU directive on refoulement
Asylum seekers chained up on ferries
Italian decree-law on urgent provisions for the management of migratory flows
EU financing of a detention facility in the Lipa refugee camp in Bosnia and Herzegovina
Illegal expulsions by Greece
EU Memorandum of Understanding with Tunisia: lack of call for release of political prisoners, legal basis, and human rights conditionality
Legal protection of rainbow families in Italy
Clarification on lifting sanctions against Iranian tech company ArvanCloud
Amendments (225)
Amendment 6 #
2023/2087(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. SupportAcknowledges the ongoing negotiations between the EU and Mauritania on the establishment of a status agreement that provides for Frontex deployment in Mauritania; notes, however,insists that a status agreement can only be established under the condition that it enshrines and adheres to strict fundamental human rights guarantees;
Amendment 11 #
2023/2087(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is very concerned about the human rights situation in Mauritania, especially for migrants and refugees; stresses in this context the importance of working with human rights organisations and NGOs to get a full picture of the human rights situation in the country;
Amendment 18 #
2023/2087(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission and the Fundamental Rights Officer to conduct an independent assessment of the human rights situation in Mauritania as regards the treatment of migrants and refugees before the status agreement can be approved;
Amendment 26 #
2023/2087(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Maintains that the launch of Frontex operational activities under a status agreement should promoteall respect, promote and strengthen fundamental human rights and EU values;
Amendment 35 #
2023/2087(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that Frontex staff who are granted immunity for their activities in Mauritania must continue to be held accountable under EU or Member State law; recalls the legal responsibility of Frontex to respect and to guarantee human rights;
Amendment 38 #
2023/2087(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for clear guidelines and human rights training to be provided to Frontex staff deployed in Mauritania;
Amendment 45 #
2023/2087(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the establishment of a robust complaint mechanism that is publicly accessible and for an incident reporting mechanism for Frontex activities to ensure an effective remedy for people impacted by Frontex actions;
Amendment 48 #
2023/2087(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses its deep concern about the situation of fundamental rights in Mauritania, particularly for migrants and refugees, and considers that the deployment of Frontex executive powers in Mauritania entails a high risk of becoming complicit in serious and most likely persistent violations of fundamental rights or international protection obligations; points out in this connection that Frontex is itself legally obliged to comply with and guarantee European law;
Amendment 52 #
2023/2087(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the inclusion of an adequate strong independent human rights monitoring mechanism for Frontex activities carried out under all Frontex missions in third countries;
Amendment 61 #
2023/2087(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. ConsidersIs convinced that the EU and Frontex should suspend their activities on migration and asylum carried out in cooperation with the Mauritanian authorities in the event of persistenthuman rights violations; calls for clear benchmarks for suspending the status agreement or for suspending specific activities that contribute directly or indirectly to human rights violationsabuse;
Amendment 74 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point a
Paragraph 3 – point 3.1 – point a
a. include explicit safeguards allowing deployed officers to disregard orders issued by the third country’s authorities that contradict the Agency’s fundamental rights obligations that derive from EU and international law, and to inform the European Parliament thereof;
Amendment 77 #
2023/2087(INI)
Draft opinion
Paragraph 10 – point a
Paragraph 10 – point a
(a) There will be no excessive detention of migrants and asylum seekers and detention centres will be up tofulfil human rights standards;
Amendment 79 #
2023/2087(INI)
Draft opinion
Paragraph 10 – point b
Paragraph 10 – point b
Amendment 85 #
2023/2087(INI)
Draft opinion
Paragraph 10 – point d
Paragraph 10 – point d
(d) Frontex will notunder no circumstances engage in pushbacks and will not use violent measures to influence migration flowother fundamental rights violations and will not use measures to influence migration flows and to suspend EU funding or provision of any material support (equipment, vessels, etc.) to the Mauritanian security forces – police, gendarmes, navy, coast guard – for migration control purposes;
Amendment 85 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point c
Paragraph 3 – point 3.1 – point c
c. enshrine sufficient accessible internal and external mechanisms for non- EU individuals to direct complaints towards the Agency, in line with the recommendations of the EU Ombudsman;
Amendment 88 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point d
Paragraph 3 – point 3.1 – point d
d. include provisions about the Mauritanian authorities respecting fundamental rights during operations, and monitor compliance, including sound options that will ensure accountability in the event of violations;
Amendment 95 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point e
Paragraph 3 – point 3.1 – point e
e. inform the European Parliament and perform ex ante fundamental rights impact assessments before engaging in negotiations with third countries on the conclusion of Status Agreements, in order to be able to fully consider the impact of potential cooperation and to negotiate the necessary safeguards;
Amendment 97 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point e a (new)
Paragraph 3 – point 3.1 – point e a (new)
ea. ensure, should a status agreement be concluded, that it is regularly assessed with regard to impact on protection of and respect for the human rights of migrants in Mauritania;
Amendment 124 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point b – point ii
Paragraph 3 – point 3.2 – point b – point ii
ii. ensure a Frontex presence in critical areas where the apprehension of migrants, violence against migrants or degrading treatment is likely to take place, and envisage giving the FRO and Fundamental Rights Monitors full access to the operational area;
Amendment 128 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point b – point iii
Paragraph 3 – point 3.2 – point b – point iii
iii. work closely with the UNHCR during operations in Mauritania, with a strong UNHCR presence, in order to guarantee the right to asylum;
Amendment 135 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point d
Paragraph 3 – point 3.2 – point d
d. explore and establish mechanisms for persons potentially affected by the Agency’s action on the territory of the third country to effectively seek remedy through external bodies, such as the Ombudsman, the Court of Justice of the European Union or a different entity, and ensure that the European Parliament is kept fully informed thereof on a regular basis;
Amendment 141 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point e
Paragraph 3 – point 3.2 – point e
e. provide mandatory fundamental rights training to the authorities as a core component of executive operations in third countries, including with regard to SAR obligations, and workto the rights onf the improvement of the asylum systempersons concerned, including legal remedies for appeals;
Amendment 4 #
2023/2086(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. SupportAcknowledges the ongoing negotiations between the EU and Senegal on the establishment of a status agreement that provides for Frontex deployment in Senegal; notes howeverinsists that a status agreement can only be established under the condition that it enshrines and adheres to strict fundamental human rights guarantees;
Amendment 16 #
2023/2086(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission and the Fundamental Rights Officer to conduct an independent assessment of the human rights situation in Senegal also as regards the treatment of migrants and refugees before the status agreement can be approved;
Amendment 23 #
2023/2086(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Maintains that the launch of Frontex operational activities under a status agreement should promoteall respect, promote and strengthen fundamental human rights and EU values;
Amendment 35 #
2023/2086(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for clear guidelines and human rights training to be provided to Frontex staff deployed in Senegal;
Amendment 45 #
2023/2086(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights and condemns the repeated occurrences of pushbacks of migrants and refugees by Mauritanian and Malian security forces from Mauritanian and Malian borders to Senegal; reiterates and underlines that Frontex should not take part in any form of pushbacks; maintains that the allegations of Frontex involvement in pushbacks have not yet been processed and that a clarification is essential in order to envisage to externalise Frontex operations;
Amendment 50 #
2023/2086(INI)
8. Calls for the establishment of a robust complaint mechanism that is publicly and easily accessible and for an incident reporting mechanism for Frontex activities as well as independent control of Frontex activities;
Amendment 55 #
2023/2086(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for the EU and Senegalese authorities to enable inclusive dialogue in the preparation of the status agreement; stresses in this context the importance of working with human rights organisations and NGOs to get a full picture of the human rights situation in the country;
Amendment 62 #
2023/2086(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. ConsidersIs convinced that the EU and Frontex should suspend their activities on migration and asylum carried out in cooperation with Senegalese authorities in the event of persistent human rights violations;
Amendment 22 #
2023/0226(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In its judgment in case C-528/16 Confédération paysanne and Others43 the Court of Justice of the European Union held that GMOs obtained by means of new techniques/methods of mutagenesis that had appeared or had been mostly developed since Directive 2001/18/EC was adopted could not be considered excluded from the scope of that Directive. _________________ 43 Judgement of the Court of Justice of 25 July 2018, Confédération paysanne an, as the new mutagenesis techniques/methods have a comparable risk potential to the production of transgenic plants, in which foreign genetic material is introduced into the genome of organisms. In accordance with the precautionary principle, the regulations of the Genetic Engineering Law would Others v Premier ministre and Ministre de l’agriculture, de l’agroalimentaire et de la forêt, C-528/16, ECLI:EU:C:2018:583efore have to be applied (Art.2 No.2 of Directive 2001/18; fourth, eighth and 25th recitals). These organisms and all products derived from them must therefore be subjected to a comprehensive safety assessment for humans, animals and the environment before being placed on the market. Likewise, they must be traceable and labelled.
Amendment 51 #
2023/0226(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 76 #
2023/0226(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 85 #
2023/0226(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The competent authorities of the Member States, the Commission and the European Food Safety Authority (‘the Authority’) should be subject to strictfeasible deadlines to ensure that category 1 NGT plant status declarations are made within a reasonable time.
Amendment 90 #
2023/0226(COD)
(20) The verification of category 1 NGT plant status is of technical nature and does not involve anyneeds a risk assessment or risk management considerations and the decision on the status is only declaratory. Therefore, when the procedure is conducted at Union level, such implementing decisions should be adopted by the advisory procedure, supported by scientific and technical assistance by the Authority.
Amendment 117 #
2023/0226(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Provision should be made to ensure transparency as regards the use of category 1all in EU approved NGT plant varieties, to ensure that production chains that wish to remain free from NGTs can do so and thereby safeguard consumer trust. All NGT plants that have obtained a category 1 NGT plant status declaration varieties approved in the EU should be listed in a publicly available database. To ensure traceability, transparency and choice for operators, during research and plant breeding, when selling seed to farmers or making plant reproductive material available to third parties in any other way, plant reproductive material of category 1 NGT plants should be labelled as category 1 NGTconsumers and farmers, all NGT verified and authorised in the EU should be labelled according to existing EU law, namely Directive 2001/18 and Regulation (EC) No 1830/2003.
Amendment 150 #
2023/0226(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To increase transparency and consumers’ information, operators should be allowed to complement the labelling of category 2 NGT products as GMO with information on the trait conferred by the genetic modification. In order to avoid misleading or confusing indications, a proposal for such a labelling should be provided in the notification for consent or in the application for authorisation and should be specified in the consent or in the authorisation decisionlabel all NGT products which comply with the requirements laid down in existing EU law, namely Directive 2001/18 and Regulation (EC) No 1830/2003.
Amendment 164 #
2023/0226(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to enable NGT plants to contribute to the sustainability objectives of the Green Deal and the Farm to Fork and Biodiversity Strategies, cultivation of NGT plants in the Union should be facilitatedregulated under existing EU law, in Directive 2001/18 and Regulation (EC) No 1830/2003. This requires predictability for breeders and farmers as regards the possibility to cultivate such plants in the Union. Therefore, the possibility for Member States to adopt measures restricting or prohibiting the cultivation of category 2 NGT plants in all or part of their territory, set out in Article 26b of Directive 2001/18/EC wshould undermine those goalsremain.
Amendment 169 #
2023/0226(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 174 #
2023/0226(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
Amendment 176 #
2023/0226(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In its judgment of 25 July 2018, in case C-528/1610 the Court of Justice of the European Union held that organisms obtained by means of techniques/methods of mutagenesis which have not conventionally been used in a number of applications and do not have a long safety record come within the scope of Directive 2001/18 and are, therefore, subject to the obligations arising from that directive. Given the novelty of the NGTs, it will be important to monitor closely the development and presence on the market of NGT plants and products and evaluate any accompanying impact on human and animal health, the environment and environmental, economic and social sustainability. Information should be collected regularly and within five years after the adoption of the first decision allowing the deliberate release or the marketing of NGT plants or NGT products in the Union, the Commission should carry out an evaluation of this Regulation to measure the progress made towards the availability of NGT plants containing such characteristics or properties on the EU market.
Amendment 191 #
2023/0226(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation corresponds to the provisions of Directive 2001/18 and extends these provisions to the deliberate release of plants obtained by certain new genomic techniques (hereinafter "NGT plants"). In accordance with the precautionary principle, and with the primary objective of ensuring a high level of protection of human and animal health and the environment, this Regulation lays down specific rules for the deliberate release into the environment for any other purpose than placing on the market of plants obtained by certain new genomic techniques (‘NGT plants’) and for the placing on the market of food and feed containing, consisting of or produced from such plants, and of products, other than food or feed, containing or consisting of such plants.
Amendment 258 #
2023/0226(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 293 #
Amendment 364 #
2023/0226(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article6a Verification procedure of category 1 NGT plant status prior to the deliberate release for any other purpose than placing on the market A permit for the release of NGTs has to be applied for according to Directive 2001/18.
Amendment 390 #
2023/0226(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. a description of a risk assessment according to Directive 2001/18.
Amendment 391 #
2023/0226(COD)
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1 b. a description of methods for sampling and detection identification of the NGT plant
Amendment 398 #
2023/0226(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Labelling of category 1 NGT plant reproductive material, including breeding material. NGT plant for food and feed use, NGT product and produced from an NGT plant.
Amendment 406 #
2023/0226(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Plant reproductive material, including for breeding and scientific purposes, that contains or consists of category 1 NGT plant(s) and is made available to third parties, whether in return for payment or free of charge, shall bear a label indicating the words ‘cat 1 NGT’, followed by the identification number of the NGT plant(s) it has been derived fromNGT plant for food and feed use, NGT product and produced from an NGT plant shall fulfill the labelling requirements as set out in Directive 2001/18 and Regulation (EC) No 1830/2003.
Amendment 453 #
2023/0226(COD)
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 2
Article 19 – paragraph 2 – subparagraph 2
Amendment 461 #
Amendment 473 #
2023/0226(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Amendment 487 #
2023/0226(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Article 26b of Directive 2001/18/EC shall not apply to category 2 NGT plants.
Amendment 488 #
2023/0226(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Amendment 489 #
2023/0226(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
Amendment 490 #
2023/0226(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
Amendment 3 #
2022/2080(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Points out that journalist and whistle-blowers are essential in uncovering cases of tax avoidance and evasion, corruption, organised crime and money laundering; regrets that journalists like Peter R. de Vries, Daphne Caruana Galizia and Jan Kuciak were murdered in relation to journalistic revelations; therefore deems it important to specifically address the protection of journalists in whistle blowers cases;
Amendment 5 #
2022/2080(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Highlights that while the whistle blowers directive was adopted in 2019 and the directive includes an obligation to transpose it into national law by 17 December 2021, 16 Member States have delayed its transposition and Hungary has not even started. calls on these Member States to implement this directive with post-haste;
Amendment 7 #
2022/2080(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the concealment of beneficial ownership through chains of shell companies can be used not only to circumvent tax legislation, but also to impede the tracking, freezing and confiscation of the proceeds and instrumentalities of crime, as well as to circumvent EU restrictive measures; calls for a complete ban on shell companies through the appropriate legislative means, tackling both the lack of transparency of ownership of such structures but also their ability to benefit from tax residence status;
Amendment 10 #
2022/2080(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that the revelation by Pandora Papers, Paradise Papers, Panama Papers, Suisse secrets, and OpenLux, revealed hidden assets of politically exposed persons such as Mossack Fonseca, Tony Blair, Andrej Babiš, Silvio Berlusconi, and Wopke Hoekstra. remarks that government ministers and lawmakers have the utmost duty to uphold the law to its fullest extent and act in line with the spirit of the law at all times. points out that failing to do so erodes public trust in government, the very fundament of a state and calls on politically exposed persons to report on all current and former financial interests and assets, as well as strong sanctions for failing to do so;
Amendment 18 #
2022/2080(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Points out that the Pandora Papers showed that U.S. Trusts have become a go-to vehicle for financial secrecy and remarks that U.S. states like South Dakota, Florida, Delaware, Texas and Nevada make the U.S one of the biggest players in the offshore world; calls on these states to be considered tax havens and be included in the AML and taxation black lists;
Amendment 20 #
2022/2080(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Welcomes the adoption of the first final rule on beneficial ownership reporting under the United States (US) Corporate Transparency Act; regrets that the US has been considered the global frontrunner in offering financial secrecy to corporates and individuals; urges the US Treasury Department to proceed with the remaining regulatory process to fully implement the law as soon as possible;
Amendment 21 #
2022/2080(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Welcomes the revision of the Recommendation 24 by the Financial Action Task Force (FATF), which requires countries to prevent the misuse of legal persons for money laundering or terrorist financing; highlights that henceforth countries will have to require beneficial ownership information to be held by a public authority or body functioning as beneficial ownership registry or an alternative mechanism as efficient;
Amendment 22 #
2022/2080(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Stresses that progress in tackling the use of anonymous companies can only be possible if information about beneficial owners is easily available in a timely manner in all jurisdictions, and if authorities are able to make use of that information and cross-check data for investigative purposes;
Amendment 23 #
2022/2080(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Welcomes further that the FATF is conducting a review of Recommendation 25 on the transparency and Beneficial Ownership Information of legal arrangements;
Amendment 24 #
2022/2080(INI)
4 f. Stresses that the 5th AMLD requires Member States to set up registers of the beneficial owners of all legal entities established in the EU, including trusts, and grants public access to basic beneficial ownership information about companies by 10 January 2020; deplores that several Member States have delayed implementation of these requirements;
Amendment 25 #
2022/2080(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4 g. Notes with concern that Member States have adopted BO registers in very divergent ways, with different access conditions, different search functions and different mechanisms for data verification, if any; stresses that, as a result, there has been a delay in the setting-up of the Beneficial Ownership Registers Interconnection System (BORIS) due to technical difficulties;
Amendment 26 #
2022/2080(INI)
Draft opinion
Paragraph 4 h (new)
Paragraph 4 h (new)
Amendment 29 #
2022/2080(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls the Parliament’s motion for Resolution on reforming the EU list of tax havens; calls on the EU and Member States to respond to and implement the requests of this resolution in any future review of the Code of conduct on Business Taxation; points out that several individual Member States have more comprehensive blacklists than the EU and calls upon the Commission to reassess countries that appear on a national but not on the EU list and to provide a reasoned explanation for the absence of these countries;
Amendment 32 #
2022/2080(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Recalls that the United Arab Emirates feature on the grey list of the Financial Action Task Force, a global money laundering watchdog, since March 2002, since the FATF has concluded that the UAE have strategic deficiencies in their regime to counter money laundering, terrorist financing, and proliferation financing; stresses that under the Commission’s methodology, where a third country is listed by the FATF, it should automatically be added to the EU list of high risk third countries without further autonomous assessment, through a Delegated Act; regrets that, in this case, the Commission has yet to propose to add the UAE to the EU list; calls for the United Arab Emirates to be identified as a high-risk third country without further delay;
Amendment 19 #
2022/0390(COD)
Proposal for a regulation
Recital -1 (new)
Recital -1 (new)
(-1) The pet food sector has a role to play in contributing to the European Green Deal objectives. New labelling measures and the uniform use of the organic production logo of the European Union should help to develop and promote the pet food sector, both by selling products to consumers who are mindful of the organic content of what they buy, and through the opportunity to bring added value to organic by-products.
Amendment 27 #
2022/0390(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Operators continued after 1 January 2022 to label pet food in accordance with national rules or private standards due to the restricted availability under organic form of certain necessary agricultural ingredients such as certain feed materials and feed additives to enhance palatability of pet food, or to guarantee nutritional value. This Regulation should authorise the labelling of pet food as organic even if it contains some non-organic agricultural ingredients, or where the main ingredient stems from fishing or hunting. Therefore, it is appropriate to allow the exhaustion of stocks of products which have been labelled in accordance with those national rules or private standards accepted or recognised by the Member States in accordance with Article 95(5) of Regulation (EC) No 889/2008 between 1 January 2022 and the date of the entry into force of this Regulation.
Amendment 30 #
2022/0390(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5 b) It is appropriate to provide for a deferred date of application of the obligation to use the organic production logo of the European Union on the labelling of prepacked pet food in order to enable operators to prepare fully for the application of the new labelling requirements.
Amendment 40 #
2022/0390(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Transitional measures Organic pet food labelled in accordance with national rules or in the absence thereof, private standards accepted or recognised by the Member States in accordance with Article 95(5) of Regulation (EC) No 889/2008 between 1 January 2022 and …. [insert the date of the entry into force of this Regulation] may be placed on the market until stocks are exhausted.
Amendment 44 #
Amendment 45 #
2022/0390(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
However, Article 4(2) shall apply from ... [six months after the date of entry into force of this Regulation].
Amendment 48 #
2022/0269(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Furthermore, in its international relations, the Union should uphold and promote its values and contribute to the protection of human rights. Article 5(2) of the Charter of Fundamental Rights of the European Union andexplicitly prohibits slavery, servitude, forced or compulsory labour and trafficking in human beings. Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 Article 31 of the Charter of Fundamental Rights of the European Union recognises the right for every worker to fair and just working conditions which respect the worker’s health, safety and dignity. The right to remedies is a human right, and a fundamental element in the process of effective prosecution of crimes. Existing Union legislation, the UN Guiding Principles on the Business and Human Rights (UNGPs), the Council of Europe and the OECD affirm the right of victims to an effective remedy for business-related human rights violations or abuses. __________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Amendment 52 #
2022/0269(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) More than 3.3 million children are estimated to be in situation of forced labour, over half of which are in commercial sexual exploitation, and children account for about 12 % of all those in forced labour, although the numbers could be much higher. All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20 They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO. __________________ 20 https://www.ilo.org/wcmsp5/groups/public /---europe/---ro-geneva/---ilo- brussels/documents/publication/wcms_195 135.pdf.
Amendment 53 #
2022/0269(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
Amendment 54 #
2022/0269(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) In line with international standards, while achieving the intention of this Regulation, the potential impact of this Regulation on victims should be taken into account. Terminating a business relationship in which child labour or forced labour was found could expose to even more severe adverse human rights impacts. In the same line, women in precarious labour conditions and forced labour could face more severe adverse human rights impacts thus increasing their vulnerability. This should therefore be taken into account when deciding on the appropriate action to take.
Amendment 60 #
2022/0269(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) As recognised in the Commission’s Communication on decent work worldwide29 , notwithstanding the current policies and legislative framework, further action is needed to achieve the objectives of eliminating forced-labour products from the Union market and, hence, further contributing to the fight against forced labour worldwide. Through its decent work agenda, the Union commits to address forced labour and to promote decent work and labour rights including in global supply chain. As stated in the Commission’s Communication, the eradication of forced labour can only be achieved if other objectives of decent work, such as sustainable business conduct, social dialogue, freedom of association, collective bargaining and social protection, are promoted. __________________ 29 Communication 23 March 2022 from the Commission to the European Parliament, the Council and the European Economic and Social Committee on decent work worldwide for a global just transition and a sustainable recovery (COM(2022) 66 final).
Amendment 65 #
2022/0269(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or processing related to the products, as well as the services related to the shipping and transport towards and within the Union. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.
Amendment 68 #
2022/0269(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue guidelines on due diligence in relation to forced labour, which should take into account also the size and economic resources of economic operators. In addition, the Commission should issue guidelines on forced-labour risk indicators and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition. The Commission should also issue guidelines for stakeholders on filing a complaint and meaningfully engage in the procedures set out in this Regulation.
Amendment 70 #
2022/0269(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, mitigate, prevent, remediate and bring to an end the risk of forced labour.
Amendment 73 #
2022/0269(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent, remediate or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.
Amendment 78 #
2022/0269(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Competent authoritieEconomic operators should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phaseand the shipping and transport of the product towards or within the Union market on the basis of all information and evidence, reasonably available to them. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.
Amendment 80 #
2022/0269(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The Commission should establish a centralised mechanism to receive complaints. Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information or a complaint to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission. Measures should be taken to protect stakeholders, including those from third countries, and avoid any reprisals by ensuring their confidentiality and anonymity.
Amendment 84 #
2022/0269(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour, including specific requirements that economic operators need to adhere to in order to prove that they have eliminated forced labour from their supply chains and corrective actions adopted to prevent future abuses, and complementary information for the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.
Amendment 99 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate, remediate or bring to an end the use of forced labour with respect to products that are to be made available on the Union market or to be exported;
Amendment 105 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or manufacture, including working or processing related to a product at any stage of its supply chain, including the transport and shipping of the product towards or within the Union market;
Amendment 108 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)
Article 2 – paragraph 1 – point u a (new)
(ua) ‘relevant stakeholders’ or ‘stakeholders’ means vulnerable workers or employees who might be impacted by the product ban as well as other third parties with legitimate interest or whose rights or interests are or could be affected, such as communities, as well as civil society actors including trade unions, workers organisations and NGOs and any other legal or natural persons defending human rights (‘human rights defenders’) that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, indigenous peoples or other vulnerable stakeholders;
Amendment 114 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant information available to them, following a meaningful consultation with and engagement of relevant stakeholders, including the following information:
Amendment 117 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate, remediate or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment, including on the basis of any of the following:
Amendment 118 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point d a (new)
Article 4 – paragraph 3 – point d a (new)
(da) evidence of remediation of forced labour.
Amendment 119 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for remediating and bringing to an end forced labour in a short period of time.
Amendment 120 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents, remediates and brings to an end the risk of forced labour.
Amendment 126 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Competent authorities shall ensure the interactive, responsive and ongoing process of meaningful engagement of relevant stakeholders, including by inviting them to submit any information that is relevant and necessary for the investigation.
Amendment 127 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Economic operators and relevant stakeholders shall submit the information within 15 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.
Amendment 129 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Competent authorities may carry out all necessary checks and inspections including investigations in third countries, provided that the economic operators concerned give their consent an and consultations of relevant stakeholders, provided that the government of the Member State or third country in which the inspections are to take place has been officially notified and raises no objection.
Amendment 132 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point c a (new)
Article 6 – paragraph 4 – point c a (new)
(ca) an order for the economic operator to provide remediation to affected workers according to their individual responsibilities. The remediation plan and its implementation strategy shall be agreed upon between competent authorities, upon meaningful consultation of affected workers, trade unions and relevant stakeholders.
Amendment 140 #
2022/0269(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e) and (g) on a dedicated website which is publicly accessible and includes a list of all sanctioned products, production sites or regions.
Amendment 144 #
2022/0269(COD)
1. The Commission shall establish a centralised complaint mechanism for receiving complaints. Submissions of information by any natural or legal person or any association not having legal personality, to competent authoritiesincluding workers or others affected by forced labour, civil society organisations including trade unions and affected communities to competent authorities and the centralised complaint mechanism on alleged violations of Article 3 may be lodged anonymously and shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. Adequate protection measures shall be set to ensure the safety of relevant stakeholders, including ensuring confidentiality and anonymity, and prevent retaliation and reprisals.
Amendment 157 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise, with special regard to human rights expertise, to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific production sites or groups of production sites, specific economic operator, specific cargo ship or fleet, geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, relevant stakeholders, international organisations, including the ILO and International Trade Union Confederation (ITUC) and third country authorities.
Amendment 160 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The products referred to in paragraph 1 or coming from areas referred to in paragraph 1 shall be presumed to be in violation of Article 3 and shall therefore be automatically subject to an investigation in accordance with Article 5. Economic operators have the burden to disproof such presumption.
Amendment 162 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available and easily accessible to all by the external expertise at the latest 24 monthsimmediately after the entry into force of this Regulation.
Amendment 172 #
2022/0269(COD)
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20a Remediation Remediation for affected workers shall be provided by the economic operator. Evidence of remediation measures shall be transparent and include evidence of the following: (a) financial and non-financial compensation, including payment of all due wages and compensation for moral and material damages based on the duration and extent of the forced labour, and any harms suffered; (b) restitution for the victims, to restore their position before the forced labour took place, including relevant arrangements for restoring, renewing and/or obtaining relevant documents such as visas and work permits, and returning their passport and any other personal documents; (c) rehabilitation, for example, provision of treatment or counselling; (d) effective preventative measures and guarantees of non-reoccurrence of forced labour; and where it is accompanied by one or more of the above measures, apologies; (e) other remediation measures as agreed upon by affected workers, trade unions, relevant stakeholders and the economic operators. Evidence that remediation measures have been correctly implemented shall be obtained in consultation of the affected workers and stakeholders and their representatives and monitored by the Union Network Against Forced Labour Products.
Amendment 173 #
2022/0269(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. For the purposes of Chapters II and III, competent authorities shall use the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020. The Commission, competent authorities and customs authorities as well as consumers shall have access to that system for the purposes of this Regulation.
Amendment 179 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)
Article 23 – paragraph 1 – point e a (new)
(ea) guidance on remediation measures, which shall refer to remediation measures that include for example financial and non-financial compensation, restitution, rehabilitation, effective preventive measures and guarantees of non-recurrence of forced labour and apologies;
Amendment 183 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e b (new)
Article 23 – paragraph 1 – point e b (new)
(eb) guidance for the stakeholders to file a complaint, as well as participate and meaningfully engage in the procedures set out in this Regulation;
Amendment 187 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e c (new)
Article 23 – paragraph 1 – point e c (new)
(ec) guidance on requirements that economic operators need to adhere to in order to prove that they have eliminated forced labour from their supply chains and corrective actions adopted to prevent future abuses;
Amendment 192 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities, trade unions and other workers’ representatives, civil society representatives, international organisations and third countries’ competent authorities.
Amendment 197 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(f a) monitor remediation measures;
Amendment 199 #
2022/0269(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Where requested, the Commission, Member States and competent authorities shall treat the identity of those who provide information, or the information provided, as confidential. A request for confidentiality shall be accompanied by a non-confidential summary of the information supplied or by a statement of the reasons why the information cannot be summarised in a non-confidential mannerConfidentiality and further protection shall be guaranteed automatically about the identity of those who provide information unless the contrary is requested.
Amendment 203 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation and to jointly work on tackling the root causes and forced labour itself, the Commission mayshall as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives, relevant stakeholders including trade unions and other workers’ representatives, NGOs and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 208 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, relevant stakeholders, civil society representatives, business organisations and competent authorities of third countries mayshall result in the Union developing accompanying measures to support the efforts of companies and partner countries efforts and locally available capacities in tackling forced labour.
Amendment 211 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. Member States and the Commission shall provide information and effective support to relevant stakeholders to comply with and exercise the rights provided to them, in particular the right to file a complaint, as well as to monitor the implementation of this Regulation.
Amendment 213 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2 b (new)
Article 26 – paragraph 2 b (new)
Amendment 214 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2 c (new)
Article 26 – paragraph 2 c (new)
2c. The Union and its Member States shall support third countries, in particular developing countries, by promoting the ratification and the effective implementation of fundamental ILO’s conventions and standards related to the prohibition of forced labour and trade union rights and by taking measures to enable partner countries in collaboration with civil society organisations and relevant stakeholders to effectively prevent, minimise, remediate to and eradicate forced labour.
Amendment 215 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2 d (new)
Article 26 – paragraph 2 d (new)
2d. In order to enable continuous engagement with the value chain business partner instead of termination of business relations (disengagement) and possibly causing adverse impacts, the competent authorities and the economic operators in cooperation with third countries shall ensure that disengagement is a last-resort action, in line with the Union’s policy of zero-tolerance on child labour and forced labour. Disengagement shall be avoided where the impact of disengagement would be greater than the adverse impact of forced labour. In situations of state- imposed forced labour, where the adverse impact is systemic and organised by political authorities, unhindered engagement with those adversely impacted and mitigation are not possible. Competent authorities and economic operators shall ensure the termination of business relationships where state- imposed forced labour is systemic occurring.
Amendment 532 #
2022/0155(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. This Regulation shall not prohibit, weaken or undermine end-to-end encryption, prohibit providers of information society services from providing their services applying end-to- end encryption, or be interpreted in that way.
Amendment 534 #
2022/0155(COD)
Proposal for a regulation
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. This Regulation shall not undermine the prohibition of general monitoring under Union law or introduce general data retention obligations, or be interpreted in that way.
Amendment 608 #
2022/0155(COD)
Proposal for a regulation
Article -3 (new)
Article -3 (new)
Article-3 Protection of fundamental human rights and confidentiality in communications 1. Nothing in this Regulation shall prohibit, weaken or undermine end-to-end encryption, prohibit providers of information society services from providing their services applying end-to- end encryption or be interpreted in that way. 2. Nothing in this Regulation shall undermine the prohibition of general monitoring under Union law or introduce general data retention obligations.
Amendment 610 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Providers of hosting services and providers of interpersonal communications services shall identify, analyse and assess, for each such any serious systemic risk stemming from the functioning and use of their services for the purpose of online child sexual abuse. That risk assessment shall be specific to the services that they offer,ey offer and proportionate to the serious systemic risk considering its severity and probability. To this end, providers subject to an obligation to conduct a risk assessment under Regulation (EU) 2022/2065 may draw on that risk assessment and complement it with a more specific assessment of the risks of use of their services for the purpose of online child sexual abuse.
Amendment 618 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Without prejudice to Regulation (EU) 2022/2065, when conducting the risk assessment, providers of hosting services and providers of interpersonal communications services shall respect and avoid any actual or foreseeable negative effects for the exercise of fundamental rights, in particular the fundamental rights to human dignity, respect for private and family life, the protection of personal data, freedom of expression and information, including the freedom and pluralism of the media, the prohibition of discrimination, the rights of the child and consumer protection, as enshrined in Articles 1, 7, 8, 11, 21, 24 and 38 of the Charter respectively.
Amendment 622 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) any previouslyserious systemic risks and identified instances of use of its services for the purpose of online child sexual abuse;
Amendment 636 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3
Article 3 – paragraph 2 – point b – indent 3
Amendment 726 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
-1. Providers of hosting services and providers of interpersonal communications services shall have mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be online child sexual abuse.This obligation shall not be interpreted as an obligation of general monitoring or generalised data retention. Such mechanisms shall be easy to access, child-friendly, and shall allow for the submission of notices by electronic means. [By 6 months after entry into force] the Commission shall adopt a delegated act laying down design requirements for a uniform identifiable notification mechanism as referred to in this Article, including on the design of a uniform, easily recognisable, icon in the user interface. Providers of hosting services and providers of interpersonal communications services targeting children may implement the design requirements specified in the delegated act referred to in this paragraph.
Amendment 731 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Providers of hosting services and providers of interpersonal communications services shall take reasonable mitigation measures, tailored to the risk identified pursuant to Article 3, to minimise that risk. Such measuresput in place reasonable, proportionate and targeted mitigation measures, tailored to their services and the serious systemic risk identified pursuant to Article 3, with the aim of mitigating that risk. Such measures shall never entail a general monitoring obligation or generalised data retention obligation and shall include some or all of the following:
Amendment 736 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) testing and adapting, through state of the art appropriate technical and operational measures and staffing, the provider’s content moderation or recommender systems, its decision- making processes, the operation or functionalities of the service, or the content or enforcement of its terms and conditions, including the speed and quality of processing notices and reports related to online child sexual abuse and, where appropriate, the expeditious removal of the content notified;
Amendment 739 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) adapting the design, features and functions of their services in order to ensure a high level of privacy, data protection, safety, and security by design and by default, including some or all of the following: (a) limiting users, by default, to establish direct contact with other users, in particular through private communications; (b) limiting users, by default, to directly share images or videos on services; (c) limiting users, by default, to directly share personal contact details with other users, such as phone numbers, home addresses and e-mail addresses, via rules- based matching; (d) limiting users, by default, to create screenshots or recordings within the service; (e) limiting users, by default, to directly reforward images and videos to other users where no consent has been given; (f) allowing parents of a child or a legal representative of a child to make use of meaningful parental controls tools, which protect the confidentiallity of communications of the child; (g) encouraging children, prior to registring for the service, to talk to their parents about how the service works and what parental controls tools are available. Services taking the measures outlined in this point may allow users to revert such measures on an individual level.
Amendment 763 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) initiating or adjusting cooperation, in accordance with competition law, with other providers of hosting services or providers of interpersonal communicationrelevant information society services, public authorities, civil society organisations or, where applicable, entities awarded the status of trusted flaggers in accordance with Article 19 of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] .
Amendment 767 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) reinforcing awareness-raising measures and adapting their online interface for increased user information, including child-appropriate information targeted to the risk identified;
Amendment 772 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c b (new)
Article 4 – paragraph 1 – point c b (new)
(cb) including clearly visible and identifiable information on the minimum age for using the service;
Amendment 773 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c c (new)
Article 4 – paragraph 1 – point c c (new)
(cc) initiating targeted measures to protect the rights of the child and tools aimed at helping users to indicate child sexual abuse material and helping children to signal abuse or obtain support;
Amendment 777 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Providers of hosting services and providers of interpersonal communications services directly targeting children shall implement the design requirements as specified in the delegated act referred to in paragraph -1 and shall take all mitigation measures as outlined in paragraph 1, point (aa), of this Article to minimise this risk. Such services shall allow users to revert mitigation measures on an individual level.
Amendment 886 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Coordinating Authority of establishment shall have the power toA competent judicial authority may issue, following a request by the competent judicial aCoordinating Authority of the Member State that designated it or another independent administrative authority of that Member State to issuethe judicial authority, a detection orderwarrant requiring a provider of hosting services or a provider of number-independent interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect online child sexual abuse onmaterial related to specific terminal equipment or a specific uservice account, where there is a reasonable suspicion such content is stored on that terminal equipment or in that user account.
Amendment 1004 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 1010 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1
Article 7 – paragraph 7 – subparagraph 1
Amendment 1046 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 3 a (new)
Article 7 – paragraph 9 – subparagraph 3 a (new)
The European Data Protection Board shall also issue guidelines regarding the compliance with Regulation (EU) 2016/679 of existing and future technologies that are used for the detection of child sexual abuse material in encrypted and non-encrypted environments.Supervisory authorities as referred to in that Regulation shall supervise the application of those guidelines. Prior to the use of any specific technology pursuant to this Article, a mandatory prior data protection impact assessment as referred to in Article 35 of Regulation (EU) 2016/679 and a mandatory prior consultation procedure as referred to in Article 36 of that Regulation must be conducted.
Amendment 1539 #
2022/0155(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
The seat of the EU Centre shall be The Hague, The Netherlandchoice of the location of the seat of the Centre shall be made in accordance with the ordinary legislative procedure, based on the following criteria: (a) it shall not affect the Centre’s execution of its tasks and powers, the organisation of its governance structure, the operation of its main organisation, or the main financing of its activities; (b) it shall ensure that the Centre is able to recruit the high-qualified and specialised staff it requires to perform the tasks and exercise the powers provided by this Regulation; (c) it shall ensure that it can be set up on site upon the entry into force of this Regulation; (d) it shall ensure appropriate accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses; (da) it shall ensure a balanced geographical distribution of EU institutions, bodies and agencies across the Union; (db) it shall ensure its national Child Sexual Abuse framework is of a proven quality and repute, and shall benefit from the experience of national authorities; (dc) it shall enable adequate training opportunities for combating child sexual abuse activities; (dd) it shall enable close cooperation with EU institutions, bodies and agencies but it shall be independent of any of the aforementioned; (de) it shall ensure sustainability and digital security and connectivity with regards to physical and IT infrastructure and working conditions.
Amendment 1553 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 2
Article 43 – paragraph 1 – point 2
Amendment 1572 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point a
Article 43 – paragraph 1 – point 6 – point a
(a) collecting, recording, analysing and providing gender and age specific information, providing analysis based on anonymised and non-personal data gathering, including gender and age disaggregated data, and providing expertise on matters regarding the prevention and combating of online child sexual abuse, in accordance with Article 51;
Amendment 1575 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b
Article 43 – paragraph 1 – point 6 – point b
(b) supporting the development and dissemination of research and expertise on those matters and on assistance to victimssurvivors, taking into account the gender dimension, including by serving as a hub of expertise to support evidence-based policy;
Amendment 1577 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b a (new)
Article 43 – paragraph 1 – point 6 – point b a (new)
(ba) providing technical expertise and promoting the exchange of best practices among Member States on raising awareness for the prevention of child sexual abuse online in formal and non- formal education. Such efforts shall be age-appropriate and gender-sensitive;
Amendment 1582 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b b (new)
Article 43 – paragraph 1 – point 6 – point b b (new)
(bb) exchanging best practices among Coordinating Authorities regarding the available tools to reduce the risk of children becoming victims of sexual abuse and to provide specialized assistance to survivors, in an age-appropriate and gender-sensitive way.
Amendment 1585 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b c (new)
Article 43 – paragraph 1 – point 6 – point b c (new)
(bc) referring survivors to appropriate child protection services;
Amendment 1587 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point c a (new)
Article 43 – paragraph 1 – point 6 – point c a (new)
Amendment 1588 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point c b (new)
Article 43 – paragraph 1 – point 6 – point c b (new)
(cb) create and oversee an "EU hashing list of known child sexual abuse material" and modify the content of that list, independently and autonomously and free of political, government or industry influence or interference;
Amendment 1589 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point c c (new)
Article 43 – paragraph 1 – point 6 – point c c (new)
(cc) develop, in accordance with the implementing act as referred to in Article 43a, the European Centralised Helpline for Abuse of Teenagers (eCHAT), interconnecting via effective interoperability the national hotline's helplines, allowing children to reach out 24/7 via a recognisable central helpline in an anonymous way in their own language and free of charge;
Amendment 1590 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point c d (new)
Article 43 – paragraph 1 – point 6 – point c d (new)
(cd) dispose over the resources needed to develop, where possible, open source, hashing technology tools for small and medium sized relevant information society services to prevent the dissemination of known child sexual abuse material in publicly accessible content.
Amendment 1591 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point c e (new)
Article 43 – paragraph 1 – point 6 – point c e (new)
(ce) coordinate sharing and filter of Suspicious Activity Reports on alleged "known child sexual abuse material", operating independently, autonomously, free of political, government or industry influence or interference and in full respect of fundamental rights, including privacy and data protection. [By 1 year after entry into force] the Commission shall adopt a delegated act laying down requirements for a Suspicious Activy Reports format, as referred to in this paragraph, and the differentiation between actionable and non-actionable Suspicious Activity Reports. This delegated act shall not prohibit, weaken or undermine end-to-end encryption, prohibit providers of information society services from providing their services applying end-to- end encryption or be interpreted in that way.
Amendment 1592 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point c f (new)
Article 43 – paragraph 1 – point 6 – point c f (new)
(cf) scan public servers and public communications channels for known child sexual abuse material, with proven technology, solely for the purposes of amending the EU Hashing List and flagging the content for removal to the service provider of the specific public server or public communications channel, without prejudice to Art. -3. The European Data Protection Board shall issue guidelines regarding the compliance with Regulation (EU) 2016/679 of existing and future technologies that are used for the purpose of scanning.
Amendment 1597 #
2022/0155(COD)
Proposal for a regulation
Article 43 a (new)
Article 43 a (new)
Article43a Implementing act for the interconnection of helplines 1. The national helpline referred to in Article 43 shall be interconnected via the European Centralised Helpline for Abuse of Teenagers (eCHAT) to be developed and operated by the EU Centre by ... [two years after the date of entry into force of this Regulation] 2. The Commission shall be empowered to adopt, by means of implementing acts, technical specifications and procedures necessary to provide for the interconnection of national hotlines' online chat systems via eCHAT in accordance with Article 43 with regard to: (a) the technical data necessary forthe eCHAT system to perform itsfunctions and the method of storage, useand protection of that technical data; (b) the common criteria according to which national helplines shall be available through the system of interconnection of helplines; (c) the technical details on how helplines shall be madeavailable; (d) the technical conditions of availability of services provided by the system of interconnection of helplines. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 5 of Regulation (EU) 182/2011. 3. When adopting the implementingacts referred to in paragraph 2, the Commission shall take into account proven technology and existing practices.
Amendment 1786 #
2022/0155(COD)
Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 1
Article 61 – paragraph 1 – subparagraph 1
The Executive Board shall be gender- balanced and composed of the Chairperson and the Deputy Chairperson of the Management Board, two other members appointed by the Management Board from among its members with the right to vote and two representatives of the Commission to the Management Board. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The composition of the Executive Board shall take into consideration gender balance with at least 40% is of each sex.
Amendment 1806 #
2022/0155(COD)
Proposal for a regulation
Article 66 a (new)
Article 66 a (new)
Amendment 1807 #
2022/0155(COD)
Proposal for a regulation
Chapter IV – Section 5 – Part 3 a (new)
Chapter IV – Section 5 – Part 3 a (new)
Amendment 508 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and, environmental adverse impacts, and adverse impacts on climate change with respect to their own operations, the operations of their subsidiaries, and the value chain operations carried out by entities with whom the company has an established business relationship and
Amendment 516 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 534 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to all companies which are formed in accordance with the legislation of a Member State and which fulfil one of the following conditions:.
Amendment 539 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 551 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 593 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Member States may exempt micro- undertakings as defined in Directive 2013/34/EU of the European Parliament and of the Council from the application of the obligations set up in this Directive.
Amendment 599 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to all companies which are formed in accordance with the legislation of a third country, and fulfil one of the following conditions:.
Amendment 600 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 609 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 640 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – introductory part
Article 3 – paragraph 1 – point a – introductory part
(a) ‘company’ means any of the following:undertaking' means any entity engaged in an economic activity, that is an activity consisting in offering goods or services on a given market, regardless of its legal status and the way in which it is financed.
Amendment 643 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point i
Article 3 – paragraph 1 – point a – point i
Amendment 646 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point ii
Article 3 – paragraph 1 – point a – point ii
Amendment 647 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iii
Article 3 – paragraph 1 – point a – point iii
Amendment 648 #
Amendment 681 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) 'adverse climate impact' means an adverse impact on the climate resulting from the violation of one of the prohibitions and obligations pursuant to the international climate conventions listed in the Annex, Part II;
Amendment 706 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 724 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘value chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 743 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) ‘independent third-party verification’ means verification of the compliance by a company, or parts of its value chain, with human rights and, environmental and climate requirements resulting from the provisions of this Directive by an auditor which is independent from the company, free from any conflicts of interests, has experience and competence in environmental and, human rights and climate matters and is accountable for the quality and reliability of the audit;
Amendment 758 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
Amendment 764 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals, groups, communities or entities whose rights or interests are or could be affected by the products, services and operations of that company, its subsidiaries and its business relationshipindividuals, and groups of individuals whose rights or interests may be affected by the potential or actual adverse impacts on human rights, the environment and good governance posed by an undertaking or its business relationships, as well as organisations whose statutory purpose is the defence of human rights, including social and labour rights, the environment and good governance. These can include workers and their representatives, local communities, children, indigenous peoples, citizens' associations, trade unions, civil society organisations and the undertakings' shareholders;
Amendment 870 #
2022/0051(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Stakeholder engagement 1. Member States shall ensure that undertakings carry out in good faith effective, meaningful and informed discussions with relevant stakeholders when establishing and implementing their due diligence strategy. Member States shall guarantee, in particular, the right for trade unions at the relevant level, including sectoral, national, European and global levels, and for workers' representatives to be involved in the establishment and implementation of the due diligence strategy in good faith with their undertaking. Undertakings may prioritise discussions with the most impacted stakeholders. Undertakings shall conduct discussions and involve trade unions and workers’ representatives in a manner that is appropriate to their size and to the nature and context of their operations. 2. Member States shall ensure that stakeholders are entitled to request from the undertaking that they discuss potential or actual adverse impacts on human rights, the environment or good governance that are relevant to them within the terms of paragraph 1. 3. Undertakings shall ensure that affected or potentially affected stakeholders are not put at risk due to participating in the discussions referred to in paragraph 1. 4. Workers’ representatives shall be informed by the undertaking on its due diligence strategy and on its implementation, to which they shall be able contribute, in accordance with Directives 2002/14/EC[48] and 2009/38/EC[49] of the European Parliament and of the Council and Council Directive 2001/86/EC[50]. In addition, the right to bargain collectively shall be fully respected, as recognised in particular by ILO Conventions 87 and 98, the Council of Europe European Convention of Human Rights and European Social Charter, as well as the decisions of the ILO Committee on Freedom of Association, the Committee of Experts on Application of Conventions and Recommendations (CEACR) and the Council of Europe European Committee of Social Rights (ECSR).
Amendment 1342 #
2022/0051(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Each Member State shall designate one or more supervisory authorities to supervise compliance with the obligations laid down in national provisions adopted pursuant to Articles 6 to 11 and Article 15(1) and (2) as well as compliance with the obligations laid down in the delegated act pursuant to Articles 3 (h) and 3 (j) (‘supervisory authority’).
Amendment 1359 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that the supervisory authorities have adequate powers and resources to carry out the tasks assigned to them under this Directive, including the power to request information and carry out investigations related to compliance with the obligations set out in this Directive and in the delegated act pursuant to Articles 3 (h) and 3 (j).
Amendment 1363 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. A supervisory authority may initiate an investigation on its own motion or as a result of substantiated concerns communicated to it pursuant to Article 19, where it considers that it has sufficient information indicating a possible breach by a company of the obligations provided for in the national provisions adopted pursuant to this Directive or a possible breach by an auditor of the obligations provided for by the delegated act pursuant to Articles 3 (h) and 3 (j).
Amendment 1378 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 5 – point a
Article 18 – paragraph 5 – point a
(a) to order the cessation of infringements of the national provisions adopted pursuant to this Directive or infringements of the provisions of the delegated act pursuant to Articles 3 (h) and 3 (j), abstention from any repetition of the relevant conduct and, where appropriate, remedial action proportionate to the infringement and necessary to bring it to an end;
Amendment 1478 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
(a) they failed to comply with the obligations laid down in Articles 7 and 84 to 11 and;
Amendment 1485 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 84 to 11 occurred and led to damage.
Amendment 1491 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. Notwithstanding paragraph 1, Member States shall ensure that companies are liable for damages with respect to their subsidiaries, regardless of whether the company complied or failed to comply with the obligations laid down in Articles 4 to 11.
Amendment 1498 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Amendment 1511 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
Amendment 1516 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
2b. Member States shall ensure that companies have the obligation to disclose the relevant documents in court if the complainants can demonstrate that such documentation is needed to make a decision on the case.
Amendment 1586 #
2022/0051(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The power to adopt delegated acts referred to in Article 3 h, 3 j and 11 shall be conferred on the Commission for an indeterminate period of time.
Amendment 1588 #
2022/0051(COD)
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The delegation of power referred to in Article 3 h, 3 j and 11 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 1589 #
2022/0051(COD)
Proposal for a directive
Article 28 – paragraph 6
Article 28 – paragraph 6
6. A delegated act adopted pursuant to Article 3 h, 3 j and 11 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council."
Amendment 1699 #
2022/0051(COD)
Proposal for a directive
Annex I – Part II – point 12 a (new)
Annex I – Part II – point 12 a (new)
12a. Violation of the obligation to take in line with Article 2 (a) as well as 3, 4, 7, 9, 10, 11 and 13 of the Paris Agreement all necessary measures to hold the increase in the global average temperature to well below 2°C above pre- industrial levels and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels
Amendment 1767 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section AT
Annex 2 - table - section AT
Node Name: Klagenfurt Rail road terminals: comprehensivre (Villach -Fürnitz)
Amendment 2 #
2016/0062R(NLE)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to the Explanatory Report to the Council of Europe Convention on preventing and combating violence against women and domestic violence,
Amendment 4 #
2016/0062R(NLE)
Motion for a resolution
Citation 7
Citation 7
— having regard to Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal opportunities and equal treatment of men and women in the access to and supply of goods and services4 , which defines and condemns harassment and sexual harassment, _________________ 4 OJ L 373, 21.12.2004, p. 37.
Amendment 7 #
2016/0062R(NLE)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 195030, and in particular to Articles 2, 3, 8, 14, and the Protocol No. 12 to the Convention,
Amendment 10 #
2016/0062R(NLE)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
— having regard to the Vienna Declaration and Programme of Action adopted by the 1993 World Conference on Human Rights,
Amendment 12 #
2016/0062R(NLE)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
Amendment 15 #
2016/0062R(NLE)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women in 1995, and to the subsequent monitoring reports adopted at the United Nations Beijing + 5(2000), Beijing + 10 (2005), Beijing + 15 (2010), Beijing + 20 (2015) and2020 UN Women Report ‘Gender equality: women’s rights in review 25 years after Beijing’,
Amendment 21 #
2016/0062R(NLE)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to the 1979 United Nations Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol,
Amendment 32 #
2016/0062R(NLE)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
— having regard to the 1993 United Nations Declaration on the Elimination of Violence against Women,
Amendment 34 #
2016/0062R(NLE)
Motion for a resolution
Citation 16 c (new)
Citation 16 c (new)
— having regard to the CEDW Committee General Recommendations 12, 19 and 35 on violence against women,
Amendment 35 #
2016/0062R(NLE)
— having regard to the United Nations General Assembly 2020 Resolution entitled ‘Intensification of efforts to prevent and eliminate all forms of violence against women and girls,
Amendment 48 #
2016/0062R(NLE)
Motion for a resolution
Citation 30 a (new)
Citation 30 a (new)
— having regard to the Gender Equality Index Reports of the European Institute for Gender Equality published since 2013,
Amendment 49 #
2016/0062R(NLE)
Motion for a resolution
Citation 30 b (new)
Citation 30 b (new)
— having regard to the 2021 report of the European Institutefor Gender Equality entitled ‘The costs of gender- based violence in the European Union’,
Amendment 51 #
2016/0062R(NLE)
Motion for a resolution
Citation 30 c (new)
Citation 30 c (new)
— having regard to the Council of Europe report entitled ‘Overview of studies on the costs of violence against women and domestic violence’,
Amendment 52 #
2016/0062R(NLE)
Motion for a resolution
Citation 30 d (new)
Citation 30 d (new)
30 d having regard to the European Commission proposal for a Directive of the European Parliament and the Council on combating violence against women and domestic violence,
Amendment 66 #
2016/0062R(NLE)
Motion for a resolution
Recital B
Recital B
B. whereas gender-based violence against women and girls is a severe form of gender inequality and discrimination; is a violation of women’s human rights, and is a serious obstacle to the participation of women in social, public and political life and in the labour market and make them unable to fully enjoy their rights and fundamental freedoms;
Amendment 70 #
2016/0062R(NLE)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas gender-based violence against women and girls is a structural and widespread problem throughout Europe and the world, and is a phenomenon that involves victims and perpetrators irrespective of their age, education, income, social status, cultural backgrounds and is linked to the unequal and unfair distribution of power between women and men in our societies; and whereas anyone can be a victim of potential gender-based violence, women are disproportionately affected by all forms of such violence, including domestic violence, due to structural gender discrimination and unequal distribution of power and resources between women and men in public and private spheres;
Amendment 86 #
2016/0062R(NLE)
Motion for a resolution
Recital D
Recital D
D. whereas gender-based violence against women and girls can affect many fundamental rights enshrined in the Charter; which include the right to human dignity (Article 1), the right to life (Article 2), the right to the integrity of the person (Article 3), the prohibition of torture and inhuman or degrading treatment (Article 4), the right to liberty and security (Article 6), the right to freedom from discrimination, including on the grounds of sex (Article 21), and the right to an effective remedy and to a fair trial;
Amendment 102 #
2016/0062R(NLE)
E a. whereas gender-based violence, in particular sexual violence, directly and indirectly affects its victims and has long- lasting negative impact on their physical, emotional and mental well-being and whereas gender-based violence affects one third of women and girls in the EU and whereas a new survey by the Fundamental Rights Agency is being conducted to update this data;
Amendment 118 #
2016/0062R(NLE)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas differences in Member States’ laws and policies create differences in protection against gender based violence;
Amendment 119 #
2016/0062R(NLE)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas the 1993 United Nations Declaration on the Elimination of Violence against Women and the Beijing UN Platform for Action defined violence against as any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life;
Amendment 123 #
2016/0062R(NLE)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the Victims’ Rights Directive defines gender-based violence as violence that is directed against a person because of that person’s gender, gender identity or gender expression or that affects persons of a particular gender disproportionately, and it may result in physical, sexual, emotional or psychological harm or economic loss to the victim;
Amendment 126 #
2016/0062R(NLE)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas gender-based violence against women and girls has been recognized by the international community as a violation of human rights which should be addressed comprehensively, and despite all the efforts which have been made by the international organizations, civil society, and state authorities to eradicate gender- based violence against women and girls, it remains pervasive and manifests in new forms such as cyber violence, cyber harassment, cyber stalking and non- consensual distribution of intimate material (photos and videos) through social media;
Amendment 189 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reaffirms its commitment to pursue a comprehensive approach to gender-based violence against women and girls and LGBTIQ+ persons at EU level and to ensure a follow-up of its recommendations which have been proposed in a number of resolutions;
Amendment 206 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the Istanbul Convention benefits from 10 years of functioning and practice through its unique monitoring and implementation system through GREVIO; Stresses the importance of this interactive exchange and process between GREVIO and the participating members;
Amendment 209 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls that, in order to ensure effective implementation of the Istanbul Convention, a two-pillar monitoring mechanism was established: GREVIO which conducts a country by country report and the Committee of the Parties;
Amendment 211 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Points out that also women with disabilities and mothers of children with disabilities encountered obstacles in reporting violence and gaining access to justice system, and as GREVIO reported it, including the inaccessibility of police premises, a lack of training and stereotypes of law enforcement officials as well as the lack of information in accessible formats about the assistance to victims of violence and available services;
Amendment 221 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for a constructive dialogue with the Council and Member States in cooperation with the Council of Europe to address Member States’ reservations, objections and concerns and clarify misleading interpretations of the Istanbul Convention in order to make progress in this area; Urges Member States to speed up negotiations on the ratification and implementation of the Istanbul Convention and to strongly condemn all attempts to retract measures already taken in implementing the Istanbul Convention and in combating violence against women;
Amendment 235 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that while all Member States have already signed the Istanbul Convention, six have not ratified it yet; underlines that the EU’s accession to the Istanbul Convention does not exempt Member States from national ratification and thus strongly encourages the remaining Member States Bulgaria, the Czech Republic, Hungary, Latvia, Lithuania and Slovakia that have not already done so to ratify the Convention without delay;
Amendment 240 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Strongly condemns all initiatives that pursue to replace the Istanbul Convention with any alternative document which is not based on the same approach towards gender discrimination and gender power relations;
Amendment 246 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern the growing opposition towards the Istanbul Convention in some Member States and the attempts to disparage the Convention and its positive impact on the eradication of gender-based violence; condemns all attempts to spread disinformation about the Istanbul Convention; and to evoke fears among societies about the allegedly destructive impact of the Convention on family and traditional gender roles;
Amendment 251 #
2016/0062R(NLE)
12. Calls on Member States to take into account the conclusions of the Mid-term Horizontal Review of GREVIO baseline evaluation reports24 ; and to improve their national frameworks for preventing and combating gender-based violence, including their national laws, in order to ensure proper implementation and enforcement of the Istanbul Convention; _________________ 24 https://rm.coe.int/prems-010522-gbr- grevio-mid-term-horizontal-review-rev- february-2022/1680a58499
Amendment 270 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Considering the extent and gravity of gender-based violence and sexual harassment in the workplace, calls on the Member States to ratify and implement ILO Violence and Harassment Convention No. 190;
Amendment 277 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Reiterates that the denial of sexual and reproductive health and rights, including safe and legal abortion, is a form of gender-based violence and a violation of women’s and girls' fundamental human rights; reiterates that women and girls must have control over their bodies and sexualities; calls on all the Member States to guarantee comprehensive sexuality education and universal access to the full range of reproductive and sexual health services, including ready access to family planning, modern contraceptive methods and free, safe and legal abortion"; Is therefore deeply concerned that in some Member States sexual and reproductive rights of women are under threat, as in Poland the illegitimate Constitutional Tribunal ruled on 22 October 2020 to reverse long- established rights of Polish women entailing a de facto abortion ban, abortion is banned in Malta, medical abortion in early pregnancy is not legal in Slovakia and is not available in Hungary and access to abortion is also being eroded in Italy.