803 Amendments of Kati PIRI
Amendment 102 #
2020/2196(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Executive Director, in the light of the substantive nature of the allegations made, of the internal investigation initiated by the Agency’s Management Board, of the investigations launched by both the European Ombudsman and OLAF, and of the failure of the Executive Director to provide a satisfactory explanation concerning the events in question and the role of the Agency, to consider his position with immediate effect.
Amendment 117 #
2020/2111(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Deplores that the consequences of the COVID-19 pandemic have exacerbated global socio-economic inequalities; highlights the particular impact of this healthcare crisis, measures taken to mitigate its impact, and concomitant decreases in global trade, tourism and remittances on vulnerable countries and populations; reiterates the call of the UN High Commissioner for Human Rights to examine ways to release those prisoners especially vulnerable to COVID-19, in particular political prisoners and others detained for expressing dissenting views;
Amendment 125 #
2020/2111(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Insists that only an inclusive global approach paired with intensive cross-border coordination may provide an adequate response to this and future pandemics; welcomes the Team Europe and Coronavirus Global Response support initiatives through which the EU demonstrates its commitment as a reliable partner in its neighbourhood and on the global stage; reiterates that the EU has a leading role to play in facilitating access to vaccines in an equitable manner for all people across the world;
Amendment 133 #
2020/2111(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes thewith concern that geopolitical competition and tensions have increased around the world following the COVID-19 outbreak, and; recognises that the European Union still has to position itself in the new world order in which, alongside the EU, the US, China and Russia play a leading rolevalue-based foreign policy of the European Union has a crucial role to play in defence of the multilateral rules-based global order; calls on the international community, including the US, China and Russia, to reinforce their collective commitment to multilateralism;
Amendment 400 #
2020/2111(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that the end of the unanimity rule on foreign policy would help the EU to conduct a foreign policy that is more effective and more proactive, more proactive and better suited to respond swiftly to emergency situations in line with the Commission's geopolitical ambitions; calls on the Council to adopt qualified majority voting for all issues related to CFSP as a matter of urgency; urges the HR/VP to make the greatest possible use of the clauses in the Treaties that allow certain decisions on the common foreign and security policy to be adopted by qualified majority voting;
Amendment 444 #
2020/2111(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the expansion and modernisation of EU communication strategies so that EU values and action isare sufficiently visible both within and beyond the EU; underlines the need for strengthened European strategic autonomy in critical communication infrastructure networks; urges the European External Action Service (EEAS) to further strengthen its capacities to counter disinformation, including the creation of a dedicated far- East StratCom Task Force focused on the disinformation emanating from China, and imposing costs on countries that deliberately spread disinformation to divide and harm the EU and its Member States and reinforcing existing structures, including the East StratCom Task Force, and imposing costs on any state and non-state actors that deliberately spread disinformation to divide and harm the EU and its Member States; reaffirms its dedication to developing legislative and non-legislative coordinated action at EU level to counteract disinformation through its special committee on foreign interference in all democratic processes in the European Union, including disinformation;
Amendment 463 #
2020/2111(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 494 #
2020/2111(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls its urgent request for a strong global sanctions regime to address serious human rights violations, which would be the EU equivalent of the so- called Magnitsky Act; calls on the European Council to adopt the global EU human rights sanctions mechanism as a Decision relating to the Union’s strategic interests and objectives under Article 22(1) of the Treaty on European Union;
Amendment 549 #
2020/2111(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Notes that the global economic impact of the COVID-19 pandemic has exacerbated existing grievances around the world; insists that any state of emergency must contain a termination clause and this global crisis may not serve to enhance autocratic control or set undue limitations on individual freedoms or human rights; emphasises the need for the EU to support the pro-democracy movements, in particular in its own neighbourhood, that have sprung up in the wake of the pandemic, including through the imposition of restrictive measures on state and non-state actors violating human rights and fundamental values;
Amendment 24 #
2020/2081(INI)
Motion for a resolution
Recital A
Recital A
A. whereas despite, given the fundamental restrictions on basic freedoms and human rights thain Belarus, the fraudulent Premain in Belarussidential elections of 9 August, and the illegitimate regime's violent repression of the nation-wide peaceful pro-democracy protests that followed, the EU policy of critical engagement with Belarus has produced someinsufficient results in the form of signed agreements and increased cooperation; whereas future relations between the EU and Belarus will be defined in the Partnership Priorities to be agreed by both sidesregime's adherence to the fundamental values of the Eastern Partnership, including democracy, the rule of law, and the respect for human rights and fundamental freedoms; whereas future relations between the EU and Belarus must be subject to thorough review in view of the regime's lack of adherence to its own commitments under international law and its agreements with the EU;
Amendment 140 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point -a (new)
Paragraph 1 – point -a (new)
Amendment 146 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point -a a (new)
Paragraph 1 – point -a a (new)
(-aa) insist that Mr Lukashenko accepts the offer of the Organisation for Security and Cooperation in Europe (OSCE) current and incoming chairpersons-in- office to facilitate national dialogue, for which the EU has offered its assistance;
Amendment 159 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) support the sovereignty of Belarus against pressure from the Russian Federation for deeper integration and remind Belaruscommit to the independence, sovereignty and territorial integrity of Belarus; strongly reject any external interference from any third state, including the Russian Federation, in particular in Belarusian state media and security forces; emphasise that the Belarusian protests are pro-democratic and not geopolitical in nature; reiterate that the European Union iswould be open to further development of relations with the country both bilaterally and within the Eastern Partnership framework if Belarus meetsonly on the condition that Belarus meets all previously agreed conditions linkrelated to democracy, the rule of law, international law, human rights and fundamental freedoms;
Amendment 178 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
(b) acknowledge that, while the critical engagement policy has brought about some developments in bilateral relations, current progress in the key areas of democracy, the rule of law, respect for human rights and fundamental freedoms, and civil society remains verytoo limited or almost non- existent, and, as the EU is engaging in a more tailored approach to the Eastern Partnership, consider applying the ‘less for less’ principle in the case of further deteriorationto justify Belarus' continued participation in the Eastern Partnership, and, as the EU is engaging in a full review of EU-Belarus relations, apply the 'less for less' principle by suspending Belarus' membership of the Eastern Partnership until new free and fair elections have been conducted under the supervision of international observers and a legitimate government, the composition of which reflects the wishes of the Belarusian people, has been installed;
Amendment 185 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point b a (new)
Paragraph 1 – point b a (new)
Amendment 187 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
(c) insistrecall that any EU macro-financial support for mitigating the economic consequences of the COVID-19 pandemic iwas conditional on strict political criteria, notably those linked to democracy and human rights, nuclear safety concerns voiced by some of the EU Member States and threats posed by Belarus-Russia military cooperation, and that adequate measures are taken to combat the virus and protect the population; immediately cease any disbursement of financial support to the illegitimate Belarusian authorities; redirect all financial support to the peopulationle of Belarus, including to the victims of repression, arbitrary arrests and torture, as well as to independent journalists, NGOs and international organisations, in particular those able to mitigate the spread, medical consequences, and economic impact of COVID-19; provide any financial, political and technical assistance necessary to facilitate Belarus' democratic political transition if so requested;
Amendment 4 #
2020/2023(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU mandate, adopted by the Council on 25 February, lays the groundwork for aPolitical Declaration is the yardstick for the negotiations and establishes the parameters of an ambitious, broad, deep and flexible partnership across trade and economic cooperation with a comprehensive and balanced Free Trade Agreement at its core, law enforcement and criminal justice, foreign policy, security and defence and wider areas of cooperation; whereas the EU mandate, adopted by the Council on 25 February on that basis, constitutes the negotiating framework that envisages a strong and comprehensive new partnership between the EU and the UK, forming a coherent structure and an overall governance framework; whereas the EU will not accept the UK's piecemeal approach, which seeks to negotiate a series of separate, self- standing agreements;
Amendment 11 #
2020/2023(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU is seeking to establish a comprehensive new partnership with the UK that covers theshould maintain its efforts and determination to negotiate an agreas of interest outlinedement as clearly foreseen in the Political Declaration:, trade and economic cooperation, law enforcement and judicial cooperation in criminal mato which both parties, including the UK Prime Ministers, foreign policy, security and defence, and thematic areas of cooperationsigned up on 17 October 2019, and the negotiation mandate;
Amendment 14 #
2020/2023(INI)
Motion for a resolution
Recital F
Recital F
F. whereas as a third country, the UK cannot have the same rights and enjoy the same benefits as a member and the situation in both the EU and the UK will therefore change significantly as of January 2021; whereas the UK's geographic proximity, level of interconnectedness and high level of existing alignment with EU rules should be taken into account in the future partnership agreement, as the EU made it clear from the start that the more privileges and rights the UK seeks, the more obligations will come attached;
Amendment 28 #
2020/2023(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas, if an agreement cannot be reached, both sides would have to be prepared for very dramatic changes to their economies, which will be aggravated by the COVID-19 crisis and its expected economic consequences;
Amendment 33 #
2020/2023(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. whereas the current time pressure in the negotiations is merely the result of the UK's choices;
Amendment 34 #
2020/2023(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Regrets that, following three rounds of negotiations, no real progress has been achieved, with the exception of very small openings on a limited number of areas;
Amendment 35 #
2020/2023(INI)
Motion for a resolution
Subheading 1 b (new)
Subheading 1 b (new)
Reiterates that the EU stands firm that tangible progress must be achieved in all areas of negotiations in parallel, including on the level playing field, fisheries, internal security and governance, as outlined in the Political Declaration; emphasises that all negotiations on economic issues are indivisible and the EU will not agree to a Free Trade Agreement without having sufficient level playing field guarantees and a satisfactory agreement on fisheries; thus fully supports the Commission in defending the comprehensive draft treaty as proposed by the EU at the outset, instead of agreeing to separate agreements;
Amendment 36 #
2020/2023(INI)
Motion for a resolution
Subheading 1 c (new)
Subheading 1 c (new)
Welcomes the publication, even if belated, of the UK draft legal proposals; notes that, contrary to the UK's claims of using existing precedents, many of these proposals go significantly beyond what has been negotiated by the EU in other FTAs with third countries in recent years; recalls that any final agreement has to be based on a balance of rights and obligations;
Amendment 45 #
2020/2023(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 82 #
2020/2023(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that the EU Chief Negotiator has the Parliament's full and unwavering support for insisting that level playing field guarantees are a crucial element of any agreement with the UK, as this is not dogmatism or ideology from the EU's side but a prerequisite to establishing an ambitious and balanced partnership with the UK and preserving the competitiveness of the internal market and EU companies, as well as maintaining and developing in the future high levels of social, environmental and consumer protection;
Amendment 83 #
2020/2023(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Respects fully in this regard the sovereignty of the UK, which the EU has no intention of undermining in the current negotiations; recalls, however, that the UK will never be equal to other third countries due to its status as a former EU Member State, current complete regulatory alignment, and the significant volume of trade between both parties, as well as its geographic proximity to the EU, which all explain the necessity for strong and robust level playing field provisions in the agreement;
Amendment 84 #
2020/2023(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the fact that from the EU’s perspective, the aim of the negotiations is to establish a new partnership with the UK that is comprehensive and covers the areas outlined iat the EU should keep up its efforts and engagement to negotiate an agreement, as it has always indicated in the Political Declaration and in the negotiation mandate, on the Pfolitical Declarationlowing parts: trade and economic cooperation, law enforcement and judicial cooperation in criminal matters, foreign policy, security and defence, and thematic areas of cooperation; underlines, however, that the EU will not agree to a deal at any cost;
Amendment 97 #
2020/2023(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises the importance of being readyEU's readiness for the UK’s withdrawal from the internal market and the customs union at the end of the transition period on 31 December 2020, regardless of the outcome of the negotiations; stresses that the consequences will be even more significant should no agreement be reached, however the EU is ready for either scenario; welcomes, in this regard, the Commission’s sector- specific ‘readiness notices’, which seek to ensure that EU industry is ready for the inevitable shock that the UK’s withdrawal from the single market will cause;
Amendment 118 #
2020/2023(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the Withdrawal Agreement is the instrument for implementing the arrangements for the UK’s withdrawal and that the only purpose of the EU-UK Joint Committee is to oversee its application; underlines the importance ofat the effective implementation of the Withdrawal Agreement ais a precondition for the successful conclusion of an agreement with the UK and is a litmus test for the good faith that the UK brings to the negotiating process and; recalls that the outcome of the negotiations would be linked to itangible progress in the preparations for the implementation of the Withdrawal Agreement needs to be seen as early as possible to allow for an informed consent procedure and cannot be left for the very end of the transition period;
Amendment 26 #
2019/2210(INI)
Motion for a resolution
Recital A
Recital A
A. whereas enlargement has beenis one of the EU’s most successful policies and the most effective foreign policy instrument contributing to extending the area of democracy, peace and prosperity across Europe;
Amendment 95 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point c a (new)
Paragraph 1 – point c a (new)
(ca) to emphasise the crucial importance of the social dimension and socio-economic cohesion and its key role throughout the accession process;
Amendment 119 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point g
Paragraph 1 – point g
(g) to encourage gradual participintegration in EU sectoralprocesses, policies and programmes without voting rights prior to accession, including through targeted financial support, in order to bring tangible benefits for citizens and enhance the EU’s assistance and presence in these countries;
Amendment 133 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) to enhance the conditionality mechanism and strengthen the reversibility of the accession process by applying objective criteria when deciding whether negotiations should be put on hold or suspended; to ensure that the Commission initiates these procedures after thorough evaluation andor in response to a proposal from the Member States or the European Parliament;
Amendment 148 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point j
Paragraph 1 – point j
(j) to consider introducing qualified majority voting on EU accession issues and maintaining the unanimity rule in the Council only for the opening and closing of accession negotiations; to enhance the role of the European Parliament in this regard;
Amendment 242 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point v
Paragraph 1 – point v
(v) to increase support measures fostering the resilience of EU candidate countries to foreign interference against their democratic processes; to actively support the strengthening of media accountability and governance, improving resilience against disinformation and disruptive media campaigns; to address actions from both non-European countries and EU member states seeking to undermine the sovereignty of Western Balkan countries by means of hybrid warfare;
Amendment 291 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a d
Paragraph 1 – point a d
(ad) to tackle the brain drain with concrete measures such as promoting quality and inclusive educational reforms and the creation of job opportunities for young people; to promote opportunities in volunteering and civic engagement for young people by fostering participation in existing mobility programmes, such as Erasmus+, and establishing new programmes for intraregional mobility;
Amendment 351 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a n
Paragraph 1 – point a n
(an) to avoid cuts in IPA funding which could slow down EU-related reforms and undermine the Union’s strategic influence in the region; to ensure that adequate funding and support is always provided to civil society;
Amendment 352 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a n
Paragraph 1 – point a n
(an) to avoid general cuts in IPA funding which could slow down EU- related reforms and undermine the Union’s strategic influence in the region;
Amendment 86 #
2019/2209(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the European Parliament rejects the use of force or the threat of force in the resolution of conflicts and shares the EU’s commitment to supporting the sovereignty, territorial integrity and political independence of all EaP countries within their internationally recognised borders, in accordance with international law, norms and principles, including in conflicts to which Russia is a party;
Amendment 137 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
Amendment 246 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point j
Paragraph 1 – point j
(j) engage further in Ssupporting state building and in strengthening institutions, by making instruments similar to the Support Group for Ukraine available to the associated partners first and foremost; strong, independent and efficient institutions at a central and local level are key to democratic accountability, deoligarchisation, and the fight against corruption and State capture;
Amendment 249 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point j a (new)
Paragraph 1 – point j a (new)
(ja) insist on the necessity of a pluralistic, balanced and independent media, open and non-discriminatory access to online and offline information, meaningful civic participation, safeguards for human and civil rights, and an independent and active civil society, including trade unions and dissident voices, for the continuing development of a democracy; urge EaP countries to guarantee the safety of dissident journalists, authors, and opinion makers;
Amendment 267 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point k a (new)
Paragraph 1 – point k a (new)
(ka) support tentative de-escalation steps in the Nagorno-Karabakh conflict between Armenia and Azerbaijan by encouraging all sides to intensify dialogue in search of a lasting, fair and peaceful settlement, based on all OSCE principles; call on all sides to the conflict to refrain from inflammatory rhetoric and creating facts on the ground that would further jeopardise any prospects for settlement;
Amendment 269 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point k b (new)
Paragraph 1 – point k b (new)
(kb) denounce the use of coronavirus related measures by the authorities as a means to silence the political opposition, civil society and the media by restricting their legitimate rights;
Amendment 270 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point l
Paragraph 1 – point l
(l) encourage full compliance of election processes with international standards, the recommendations of the Organisation for Security and Cooperation in Europe (OSCE) and the opinions of the Venice Commission, including the non- harassment, whether judicial, physical, or institutional, of political actors not aligned with the incumbent government, and safeguarding the freedom of expression, association and assembly, including peaceful demonstrations; commend EaP states that have agreed on the implementation of democratising political reforms;
Amendment 274 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point l a (new)
Paragraph 1 – point l a (new)
(la) contribute to preventing third- party interference in the political, electoral, and other democratic processes of the EaP states, whether designed to sway an election towards a favoured candidate or party, or designed to undermine trust in the democratic system, notably through disinformation, illicit political financing, cyber-attacks on political and media actors, or through any other illegal means;
Amendment 340 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point q a (new)
Paragraph 1 – point q a (new)
(qa) deepen engagement with non- associated partners in the areas of democratic reform, rule of law, and economic modernisation; welcome the progress in the legislative alignment of several EaP countries with EU standards; emphasise the economic need for clear, transparent, and consistent legal frameworks and their independent, impartial, and reliable interpretation; reiterate the importance of a non- politicised judiciary;
Amendment 356 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point r
Paragraph 1 – point r
Amendment 415 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point v a (new)
Paragraph 1 – point v a (new)
(va) reiterate the EU's commitment to the sovereignty, territorial integrity and political independence of each of the EaP states within its internationally recognised borders; denounce the illegal invasion, destabilisation, annexation, and occupation of, and the threat of any future use of force against, EaP countries; actively counter any attempt at the establishment of illicit borders within the internationally recognised territory of sovereign states; insist that all parties adhere to their international obligations, including under ceasefire and withdrawal agreements; assure to do everything within the power of the EU to resolve any ongoing, and prevent any future, infringements on the territorial integrity of EaP countries;
Amendment 471 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point x a (new)
Paragraph 1 – point x a (new)
(xa) insist strongly on the non- discrimination of all LGBTI+ people, their protection against discrimination by law, and the prosecution of any abuse, hate speech and physical violence perpetrated against them; acknowledge associated EaP countries that have aligned their legal frameworks accordingly;
Amendment 476 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point x b (new)
Paragraph 1 – point x b (new)
(xb) provide structural financial and capacity development support to organisations that assist independent pro- democracy civil society actors; insist that EU, EU Member State, and independent programmes in support of democracy, human rights and the rule of law, including the European Endowment for Democracy, continue to operate freely and without harassment or judicial limitations; take all possible measures to prevent independent NGOs from being crowded out through the imposition of judicial limitations and financial barriers, the selective application of legal provisions, or the enhanced presence of government-organised NGOs (GONGOs);
Amendment 85 #
2019/2200(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Expresses its concern about recent court cases against opposition politicians, which contributed to a climate of increased mistrust and heightened tensions between the ruling party and the opposition, and led to ahave undermined trust between the ruling party and the opposition; welcomes the Presidential pardon of convicted opposition politicians, which paves the way for reducing polarisation of politics and the society; calls on Georgia to respect the highest standards of judicial independence and fair trial as committed to under the AA;.
Amendment 111 #
2019/2200(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Deplores the constant violations by the Russian Federation, which exercises de facto controling effective control over the Georgian regions of Abkhazia and Tskhinvali region/South Ossetia regions, of the fundamental rights of the people in these occupied regions, who are being deprived of the freedom of movement and residence, the right to property and the right of access to education in the native language, and reiterates its full support for the right of return of internally displaced persons; expresses its concern over the continuous illegal process of installation of barbed wire fences and other artificial obstacles along the occupation line (‘borderisation’), which has particularly detrimental effects on people living in and around these regions in the context of the ongoing fight against the COVID-19 pandemic;
Amendment 132 #
2019/2200(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the importance of reducing antagonism and the polarisation of politics and of ensuring constructive cooperation in the country’s democratic institutions, in particular the pParliament of Georgia; therefore profoundly regrets that the ninth meeting of the EU-Georgia Parliamentary Association Committee ofn 12 and -13 February 2020 in Strasbourg enconcluded without an agreement on a final statement and recommendations being reached; calls on the Parliament of Georgia to resume its work on the electoral reform and adopt the necessary constitutional amendments on the new electoral system in line with the 8 March agreement as well as with ODIHR recommendations, as soon as the situation related to the pandemic and the working conditions allow and calls on all political parties and parliamentarians to contribute to this crucial goal in good faith;
Amendment 112 #
2019/2199(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU is not merely a monetary union, but also a social one, as enshrinvalue based one; whereas Article 2 of the TEU states that the EU is founded ion the Charter, the European Convention on Hvalues of respect for human dignity, freedom, democracy, equality, the primacy of law and human Rrights, the European Social Charter and the European Pillar of Social Rightsincluding the rights of persons belonging to minorities – values which are shared by all the Member States and which must be upheld and actively promoted by the EU and each Member State individually in all their policies, both internally and externally in a consistent way;
Amendment 115 #
2019/2199(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Article 17 of the TEU states that the Commission must ensure the application of the Treaties; whereas a refusal by a Member State to fully uphold EU law, the separation of powers, the independence of the judiciary and the predictability of state actions is undermining the credibility of the EU as a legal area;
Amendment 128 #
2019/2199(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the EU is also a social union, as enshrined in the European Convention on Human Rights, the European Social Charter and the European Pillar of Social Rights;
Amendment 134 #
2019/2199(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas we see increased violation of rights related to equality, freedoms and justice; 1a whereas “today we see not only human rights violations, but the rejection of human rights protection systems as a whole” 1b __________________ 1a FRA Fundamental Rights Report 2019 1bFundamental Rights Forum 2018, Chair´s Statement, 23/10/2018 https://fra.europa.eu/sites/default/files/fra _uploads/fra-2018-frf-2018-chair- statement_en.pdf
Amendment 138 #
2019/2199(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas violence against women continues and includes physical, psychological and sexual violence; whereas initiatives as #Metoo are important; whereas women are still discriminated at the labour market and a woman only makes around 84 percent of a man's salary;
Amendment 143 #
2019/2199(INI)
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. whereas there is a serious backlash of LGBTI-rights, even to the extent that "LGBTI-free zones" are introduced.
Amendment 167 #
2019/2199(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Roma women are particularly affected as regards women’s rights and often face exacerbated forms of verbal, physical, psychological and racial harassment in reproductive health care settings, as has found to be the case in Bulgaria19 ; whereas Roma have also experienced in that Member State, ethnic segregation in maternal health care facilities, and are placed in segregated rooms with segregated bathrooms and eating facilities20 ; whereas in some Member States, such as the Slovak Republic and the Czech Republic, Roma have been subjected to systematic practices of forced and coercive sterilisation and have been unable to obtain adequate reparations, including compensation, for the resulting violations of their human rights21 ; __________________ 19Commissioner for Human Rights of the Council of Europe, Women’s Sexual and Reproductive Health and Rights in Europe, Council of Europe, Strasbourg, 2017, pp. 42-44; Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017 ; European Roma Rights Centre, Romani woman harassed by racist hospital staff during childbirth wins case, European Roma Rights Centre, 18 January 2017, http://www.errc.org/press- releases/romani-woman-harassed-by- racist-hospital-staff-during-childbirth- wins-case 20Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017. 21Committee on Economic, Social and Cultural Rights, Concluding observations on the third periodic report of Slovakia, 18 October 2019, E/C.12/SVK/CO/3, paras. 44-45; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined twelfth and thirteenth periodic reports of Czechia, 19 September 2019, CERD/C/CZE/CO/12-13, paras. 19-20; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined eleventh and twelfth periodic reports of Slovakia, 12 January 2018, CERD/C/SVK/CO/11-12, paras. 23-24; Human Rights Committee, Concluding observations on the fourth report of Slovakia, 22 November 2016, CCPR/C/SVK/CO/4, paras. 26-27.
Amendment 186 #
2019/2199(INI)
Motion for a resolution
Recital C
Recital C
Amendment 194 #
2019/2199(INI)
Motion for a resolution
Recital D
Recital D
D. whereas many instances of disproportionate use of force against peaceful demonstrators continue to be reported across the EU, including the beating of demonstrators; whereas law enforcement authorities in some Member States such as Romania23 , Spain and France24 are increasingly using less lethal weapons, such as batons, tear gas, hand- held sting grenades, electroshock weapons, water cannons and rubber bullets to control or disperse crowds of demonstrators; whereas the number of persons seriously wounded in demonstrations in recent years as a result of the use of rubber bullets is particularly striking; __________________ 23European Parliament resolution of 13 November 2018 on the rule of law in Romania (Texts adopted, P8_TA(2018)0446) 24 Commissioner for Human Rights of the Council of Europe, Shrinking space for freedom of peaceful assembly, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Memorandum on maintaining public order and freedom of assembly in the context of the ‘yellow vest’ movement in France, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Protection of the rights to freedom of expression and peaceful assembly during last week’s demonstrations in Catalonia, Council of Europe, Strasbourg, 2019
Amendment 206 #
2019/2199(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, by selling arms to countries that are conducting brutal war campaigns, acting as a backer for opposing sides in foreign conflicts, by supporting coups against democratically elected leaders, and by supporting crushing sanctions, the EU has exacerbated violence in already fragile countries; whereas the EU has an obligation under EU and international law to help those who come to the EU seeking asylum; whereas, furthermore, it must not cause or take part in creating chaos in non-EU countries the EU and its member states have a common obligation under EU and international law to help those who come to the EU seeking asylum;
Amendment 219 #
2019/2199(INI)
Motion for a resolution
Recital F
Recital F
F. whereas pushbacks constitute a violation of EU and international law and prevent migrants from benefiting from the legal guarantees firmly laid down in such law; whereas the Council of Europe Commissioner for Human Rights expressed grave concern about consistent reports of violent pushbacks by Croatian law enforcement officials25 ; whereas the Council of Europe Commissioner for Human Rights also expressed concerns regarding the practice of ‘summary returns’ in the enclaves of Ceuta and Melilla in relation to the ECtHR cases N.D. v Spain and N.T. v Spain26 ; __________________ 25Letter from the Commissioner for Human Rights of the Council of Europe to the Prime Minister of Croatia of 20 September 2018; Commissioner for Human Rights of the Council of Europe, Bosnia and Herzegovina must immediately close the Vučjak camp and take concrete measures to improve the treatment of migrants in the country, Council of Europe, Strasbourg, 2019 26Third party intervention by the Council of Europe Commissioner for Human Rights of 22 March 2018, N.D. v Spain and N.T. v Spain, CommDH(2018)11.
Amendment 228 #
2019/2199(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas intolerance, racism, xenophobia and discrimination has increased in the society as a whole, but also in the political scene through growing far-right movements; whereas successful integration and social inclusion require effective protection from discrimination and hate crime; whereas failure to do so can have a negative effect on the social cohesion in the society; 2a __________________ 2a FRA, Second European Union Minorities and Discrimination Survey
Amendment 235 #
2019/2199(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas racial, ethnic and religious minorities face structural racism, discrimination, hate-crime and hate-speech, lack of access to justice, and sustained socio-economic inequalities in areas such as housing, healthcare, employment and education, which needs to be acknowledged as major barriers to full enjoyment of fundamental rights and key barrier to inclusion and equality;
Amendment 238 #
2019/2199(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas afrophobia has just started to be acknowledged at the EU- level; whereas national authorities have not developed policies and measures to tackle discrimination against people of African descent, racial profiling, racially motivated harassment and violence;
Amendment 241 #
2019/2199(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas anti-Gypsyism remains pervasive across the EU, where structural anti-Gypsyism and sustained socio- economic inequalities affect Roma in areas such as housing, healthcare, employment and education; whereas Roma people suffer increased hate speech in public, in social media and by politicians, police violence, including collective punishment, racial profiling, residential and school segregation;
Amendment 244 #
2019/2199(INI)
Motion for a resolution
Recital F e (new)
Recital F e (new)
Fe. Whereas anti-Semitism remains pervasive across the EU, with several Member States reporting increases in crimes motivated by anti-Semitism; whereas those who experience anti- Semitic harassment generally do not report the incidents to the police;
Amendment 247 #
2019/2199(INI)
Motion for a resolution
Recital F f (new)
Recital F f (new)
Ff. whereas Muslims, especially Muslim women, continues to be discriminated in the society and targeted in racist attacks as a result of pervasive islamophobia;
Amendment 249 #
2019/2199(INI)
Motion for a resolution
Recital F g (new)
Recital F g (new)
Fg. whereas there is an increase of foreign interference in European Elections through direct and indirect measures from countries such as Russia, but also threats against institutions and civil society organisations in the European Union and its member states, with the aim to restrict freedom of speech, from countries such as China 4a __________________ 4a Example: The Case of Swedish PEN
Amendment 267 #
2019/2199(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the effects of austerity measures have deeply impacted the social fabric of the EU in many Member States and that this continues today – exacerbating already widening inequalities and breaching fundamental rights – and affects in particular women, migrants, Roma, Travellers and other people in disadvantaged groups with a particular ferocity;
Amendment 317 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 aa (new)
Paragraph 4 aa (new)
4aa. Is deeply concerned about the increased levels of xenophobia and different forms of racism, such as anti- Semitism, islamophobia, afrophobia and anti-Gypsyism, and tend to become normalised in Member States;
Amendment 318 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 ab (new)
Paragraph 4 ab (new)
4ab. Is worried by increased participation of political parties promoting racist, xenophobic and other discriminatory ideas, policies and practices, and by the refusal by some Member States to fully uphold EU law, to safeguard the separation of powers and the independence of the judiciary, which is undermining the credibility of the EU as a legal area;
Amendment 319 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 ac (new)
Paragraph 4 ac (new)
4ac. Calls for full implementation of legislations and stronger sanctions against any discrimination on the grounds of race, ethnic or social origin, religion or belief, membership of a national minority, disability, age, gender, gender expression, gender identity, sexual orientation, sex characteristics, residence status or health;
Amendment 320 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 ad (new)
Paragraph 4 ad (new)
4ad. Calls on the Member States to ensure the effective practical enforcement of the Race Equality Directive (2000/43/EC) and to ensure effective enforcement of the Framework Decision on Racism and Xenophobia to combat persisting afrophobia, anti-Gypsyism, anti-Semitism and islamophobia; points out that the Member States should put forward or review national inclusion strategies to ensure that all people regardless of race, ethnicity, religion, gender or any other status are empowered to actively participate in social, economic, political and cultural life;
Amendment 321 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 ae (new)
Paragraph 4 ae (new)
4ae. Calls for the quick adoption of the proposed 2008 Equal Treatment Directive which is still pending for approval by the Council; considers it a condition to secure a consolidated and coherent EU law framework against discrimination, also protecting from discrimination on the grounds of religion and belief, disability, age and sexual orientation outside of employment;
Amendment 322 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 af (new)
Paragraph 4 af (new)
4af. Calls for the EU wide implementation of the Aarhus Convention that links environmental rights and human rights; calls for the environmental regulation that would equally benefit all parts of society; (after sub-heading «Right to equal treatment, before paragraph 5)
Amendment 323 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 ag (new)
Paragraph 4 ag (new)
4ag. Points out that EU and its Member States should combat effectively discriminatory or violent treatment and reactions against the schooling and participation of children from minority backgrounds especially migrant, refugee and Roma children, both through law enforcement and by promoting mutual understanding and social cohesion; calls on Member States to structurally address respect for diversity, intercultural understanding and human rights, including children’s rights, in regular school curricula; (after sub-heading «Right to equal treatment, before paragraph 5)
Amendment 367 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the landmark judgment of the European Court of Justice in the Common case in June 2018, which clarified that term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex; urges the Member States in the EU that do not recognise either same- sex partnerships or marriages to amend their national laws in such a way as to provide a legal framework for ensuring that the CJEU’s ruling is properly implemented.;
Amendment 374 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Expresses concern that six EU Member States, Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia, have not yet ratified the Istanbul Convention;
Amendment 403 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Expresses its concern at the lack of reporting of hate crimes by victims owing to inadequate safeguards and to the failure of authorities to investigate properly and obtain convictions for hate crimes in the Member States;
Amendment 413 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Is deeply concerned about a backlash in rights and attitudes to LGBTI persons and a sharp rise of hate speech, often carried out by public figures; strongly condemns anti-LGBTI rhetoric and the proclamation of “LGBT-free zones” or “zones free from LGBT ideology”;
Amendment 465 #
2019/2199(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls that freedom of expression, information and media are fundamental for ensuring democracy and the rule of law; strongly condemns violence, pressure or threats against journalists and media, including in relation to the disclosure of information about breaches of fundamental rights;
Amendment 487 #
2019/2199(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is deeply concerned about the increasingly shrinking space for independent civil society in some Member States; recalls the importance of ensuring adequate funding to support civil society activitiesis also concerned about the general decrease of financial support at national level by some Member States for civil society organisations that are conducting advocacy work; recalls the importance of ensuring adequate funding to support civil society activities; stresses the importance of ensuring funding for advocacy work as-well as other types of work;
Amendment 525 #
2019/2199(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Condemns the abuses and human rights violations suffered by migrants and refugees, in particular with regard to access to territory, reception conditions, asylum procedures, immigration detention and the protection of vulnerable persons, and recalls the obligations of Member States to international conventions and European laws;
Amendment 540 #
2019/2199(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses grave concern about consistent reports of violent pushbacks by law enforcement officials in several Member States; calls on the Commission and the Member States to investigate the matter and take effective measures to ensure that such policies and practices are scrapped, including by putting on hold funds for border surveillance and ensuring the independent monitoring of border control activities by national ombudsmen and NGOs; stresses the importance of a fully operational human rights office within Frontex;
Amendment 548 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Expresses serious concern about the intimidation and arrests of humanitarian workers and volunteers who support migrants in an irregular situation; notes that the trend continued in 2018 and 2019, targeting both rescue vessels deployed by civil society in the Mediterranean, as well as volunteers and non-governmental organisations active in the EU;
Amendment 559 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Expresses grave concern over humanitarian the situation in the hotspots;
Amendment 593 #
2019/2199(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the EU institutions and the Member States to resolutely fight systemic corruption and to devise effective instruments for preventing, combating and sanctioning corruption and fighting fraud, as well as regularly monitoring the use of public funds; highlights the negative impact of corruption on human rights; calls on the Commission to immediately resume its annual anti- corruption monitoring and reporting, with reference to the EU institutions and the Member States; calls on all the Member States to comply with the GRECO recommendations28 ; __________________ 28 Group of States against Corruption
Amendment 596 #
2019/2199(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Conveys worries about the on- going attacks on the independence of the judiciary in some EU Member States; expresses grave concern about the negative developments which took place in both Hungary and Poland; is concerned about the lack of progress in the Article 7 proceedings in the Council; calls on the Council to take into consideration the situation of fundamental rights, democracy and the rule of law in its hearings on Article 7.1 procedure; reminds that the European Parliament cannot be set-aside from these ongoing hearings.;
Amendment 12 #
2019/2167(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the EEAS, the Commission and the EU Member States to systematically integrate gender mainstreaming and an intersectional perspective into the EU’s foreign and security policy; and to make gender equality an explicit goal of the EU external action; calls for the experiences of women and girls facing multiple and intersecting forms of discrimination and marginalization - based on their age, gender, ethnicity, religion, socio- economic and legal status, ability, sexual orientation and gender identity - to be put at the heart of policy-making, and draw on their unique and diverse experiences;
Amendment 34 #
2019/2167(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for the annual budgetary procedures applied for the upcoming MFF, including external financing through and the Neighbourhood, Development, and International Cooperation Instrument (NDICI) and Instrument for Pre-Accession (IPA) III to integrate a gender-responsive perspective; calls for gender-responsive budgeting and obligatory requirements for gender impact assessments in the NDICI and IPA III regulations, as part of a general ex-ante conditionality to inform programming, in accordance with European Institute for Gender Equality (EIGE) guidance, the EU Gender Action Plan and OECD DAC criteria requirements;
Amendment 59 #
2019/2167(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that not a single one of the 12 civilian CSDP missions is headed by a woman; calls on the VP/HR to draw up a gender equality strategy for CSDP missions with specific targets, for both leadership and personnel;
Amendment 76 #
2019/2167(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that developing and using gender analysis and the systematic integration of a gender perspective constitutes one of the foundations of effective and lasting conflict prevention and resolution; stresses for the recognition of the significant role women and girls play in achieving sustainable peace; calls for the safe, meaningful and inclusive participation of women and girls from the grassroots level to peacebuilding, post- conflict reconstruction, governance and institution building actions;
Amendment 87 #
2019/2167(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the eradication of female genital mutilation and the eradication of gender-based violence to be systematically addressed in the EU political dialogues with third countries; stresses that gender- based violence against women and girls must keep being a political priority for the EU in its external action; urges the EU to exercise all possible leverage for the perpetrators of mass rapes in warfare to be reported, identified, prosecuted and punished in accordance with international criminal law;
Amendment 92 #
2019/2167(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Calls on the EU to put the ratification of the Istanbul Convention high on the agenda of its Political Dialogue with the Council of Europe (CoE) partner countries; welcomes the invitation from the Committee of Ministers of the CoE to Kazakhstan and Tunisia to accede to the Convention as the first non-member states, encouraging other countries to express their interest to accede too;
Amendment 106 #
2019/2167(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that the EU needs to take decisive action to counter the global backlash against women’s rights and gender equality; calls on all external funds and programmes to have a significant share earmarked for gender equality purposes; calls in particular for financial support to female human rights defenders and to women’s civil society organisations, especially for capacity- building actions;
Amendment 107 #
2019/2167(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Acknowledges the key role of civil society organisations and in particular women’s rights organisations and women human rights defenders in supporting the implementation of the EU Gender Action Plan and the EU Strategic Approach to Women Peace and Security and its Action Plan; calls on the European Commission to strengthen the involvement of civil society organisations in the formulation of the third Gender Action Plan and in its implementation in partner countries;
Amendment 111 #
2019/2167(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Urges the VP/HR and the EU Member States to include references to UNSC resolution 1325 and follow-up resolutions in CSDP-related Council decisions and mission mandates, and to make sure that all CSDP missions and operations have an annual action plan on how to implement the objectives of GAP III and the EU Action Plan on WPS; calls for gender analysis to be put in place for new CSDP instruments, including the European Defence Fund and the proposed European Peace Facility;
Amendment 116 #
2019/2167(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for specific earmarked funding on gender equality in the framework of the proposed NDICI regulation and the IPA III regulation, and for reduced administrative constraints to allow access to funding for local and small CSOs and especially WCSOs;
Amendment 136 #
2019/2167(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the European Commission and the EEAS to use the accession negotiations as a leverage to foster gender equality in the candidate countries;
Amendment 140 #
2019/2167(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission, the Council and the EEAS that its development cooperation policy and humanitarian aid action supports women’s economic empowerment and women and girls’ rights in partner countries; calls for the improvement of the reporting of EU funding for gender equality allocated and disbursed in partner countries through the EU GAP III;
Amendment 145 #
2019/2167(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Calls on particular attention to be paid to the situation of women and girls on the move, on migration routes or camps, specifically calls for their access to WASH, SRHR and maternal health;
Amendment 146 #
2019/2167(INI)
Draft opinion
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Calls on the Commission, the Council and the EEAS to promote and support the inclusion of a specific gender chapter in all EU trade and investment agreements, and to ensure that it specifically foresees the commitment to promote gender equality and women empowerment; calls as well for provisions to be included in these trade agreements ensuring that their institutional structures guarantee periodical compliance reviews, substantial discussions and the exchange of information and best practices on gender equality and trade, through among others, the inclusion of women and experts on gender equality at all levels of the administrations concerned, including trade negotiating teams, joint committees, expert groups, domestic advisory groups, joint consultative committees and dispute settlement bodies;
Amendment 1 #
2019/2136(INI)
Motion for a resolution
Citation 2
Citation 2
– having regard to Articles 21 and 36Title V of the Treaty on European Union,
Amendment 3 #
2019/2136(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the Helsinki Final Act of 1975, published by the Organisation for Security and Co- operation in Europe (OSCE),
Amendment 4 #
2019/2136(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
– having regard to the North Atlantic Treaty of 1949 and the joint declaration on EU-NATO cooperation of 10 July 2018,
Amendment 5 #
2019/2136(INI)
Motion for a resolution
Citation 3 c (new)
Citation 3 c (new)
– having regard to United Nations General Assembly resolution 70/1, ‘Transforming our world: the 2030 Agenda for Sustainable Development’, of 25 September 2015,
Amendment 12 #
2019/2136(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU’s external action has a direct impact on the wellbeing of its citizens and aims to ensure security and stability while safeguardpromoting the European values of freedom, democracy, equality, the rule of law and respect for human rights; whereas the credibility of the European Union as a global actor for peace and security rests on its practical adherence to its values and value-driven foreign policy is therefore in the Union’s immediate interest;
Amendment 20 #
2019/2136(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the need for a stronger and united Europe when it comes to, with the retreat of traditional partners from the global stage, increasing pressure on multilateral cooperation and institutions, and the rising assertiveness of regional powers, the need for a stronger Europe that acts on its external relations in a unified manner is more urgent than ever before;
Amendment 26 #
2019/2136(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the foundations of multilateralism are challmultilateralism is the only guarantee for peace, security, and sustainable and inclusive development in a highly polarised international environment; whereas its foundations are threatenged when universal rules and values are either called into question or taken advantage of, including fundamental human rights, international law, and humanitarian law, are either called into question or abused; whereas multilateralism is at the heart of the European Union’s approach to its common foreign and security policy as enshrined in the Treaty on European Union;
Amendment 33 #
2019/2136(INI)
Motion for a resolution
Recital F
Recital F
F. whereas new political forcerising state actors are pushrsuing for their ownpotentially destabilising global and regional ambitions with unpredictable consequences for global security; whereas this global reconfiguration facilitates the emergence of autocratic leaders, violent non-state actors, and popular protest movements;
Amendment 40 #
2019/2136(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas socioeconomic inequality, oppression, climate change, and a lack of participatory inclusion are leading causes of global conflict; whereas the Sustainable Development Goals were adopted in 2015 by all UN Member States to provide a roadmap for equitable, just, sustainable, and inclusive global cooperation;
Amendment 44 #
2019/2136(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the EU’s security environment is vulnerable to external pressure that prevents the EU from exercising its sovereignty and strategic autonomy; whereas this external pressure assumes both a physical and an online dimension; whereas disinformation and other forms of foreign interference poses serious risks for European sovereignty;
Amendment 85 #
2019/2136(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that multilateralism is at the centre of the EU’s efforts to prevent, mitigate, and resolve conflicts; commends the Union for its decisive support for the Paris Agreement, regional peace agreements, and nuclear disarmament;
Amendment 112 #
2019/2136(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that the European Union needs to take on a global leadership role and unlock its political potential to think and act like a geopolitical power while defending and promoting its common values and interests in the world; reaffirms the need to secure ‘EU strategic autonomy’; fully supports the Commission President’s decision to transform the EU’s executive branch into a ‘geopolitical commission’; reaffirms its commitment to the EU Global Strategy as a decisive step forward from ad-hoc crisis management to an integrated approach toward the foreign policy of the European Union;
Amendment 139 #
2019/2136(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the European Union has to switch from a responsive to an anticipatory approach and team up with like-minded partners to defend the global rule-s- based global order founded on international lawand humanitarian law and multilateral treaties; recalls that the EU’s CFSP is based on partnership and multilateralism, which help to unite the relevant regional and global powers; underlines the urgent need to explore new forms of alliances and find innovative and inclusive mechanisms for cooperation;
Amendment 150 #
2019/2136(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Promotes an EU foreign policy that will unites the EU institutions and all foreign ministrimember states behind a common and strong EU- level foreign policy; emphasises the need to build ad -hoc coalitions to strengthen EU cohesion and democratic legitimacy;
Amendment 225 #
2019/2136(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Requests that, prior to the adoption of a CFSP-related strategy or communication by the Commission and the EEAS, a consultation mechanism with the Committee on Foreign Affairs and relevant bodies be establishede establishment of a permanent structured consultation mechanism with the Committee on Foreign Affairs and its subcommittees that must be utilised prior to the adoption of any CFSP-related strategy or communication by the Commission and the EEAS;
Amendment 234 #
2019/2136(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for greater coherence, consistency and complementarity between the EU’s external financing instruments and the CFSP to enable the European Union to tackle growing security and foreign policy challenges; considers that the simplified structure of external instruments proposed under the Neighbourhood, Development and International Cooperation Instrument calls for proper checks and balances, a sufficient level of transparency, and strategic policy input and scrutiny of implementation by Parliament; stresses the need for efficient and adequate funding under the Instrument for Pre-accession Assistance for 2021-2027 (IPA III); highlights the role of the Instrument contributing to Stability and Peace (IcSP), particularly in supporting peace and stability around the world; expects a timely adoption of the post-2020 instruments, including the European Peace Facility, so as to avoid unnecessary funding gaps;
Amendment 282 #
2019/2136(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for the strengthening of the EU’s capacity to act autonomously in the area of security and defence; stresses that efficient cooperation with partner organisations such as the UN or, the OSCE and NATO is more vital than ever;
Amendment 329 #
2019/2136(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls that climate change impacts all aspects of human life, including by increasing the likelihood of conflicts and violence; stresses that climate security concerns should be integrated throughout the foreign policy portfolio; underscores the fact that the EU should develop capacities to monitor climate change- related risks, which should include conflict sensitivity and crisis prevention policies; underlines the need to develop a comprehensive approach to climate change and security in line with the Sustainable Development Goals (SDGs), in particular SDG 13 and SDG 16;
Amendment 347 #
2019/2136(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Expresses concern about the expiration of the Intermediate-Range Nuclear Forces (INF) Treaty of 8 December 1987 on 2 August 2019, about the challenges to the Joint Comprehensive Plan of Action (JCPOA) of 18 October 2015, and about the planned expiration of the New Strategic Arms Reduction Treaty (New START)of 8 April 2010 on 5 February 2021; recalls that effective international arms control, disarmament and non-proliferation regimes are a cornerstone of global and European security; calls on the VP/HR to use all political and diplomatic means at her disposal to safeguard the JCPOA and New START; urges the HR/VP to spearhead a global and inclusive initiative to replace the INF Treaty;
Amendment 363 #
2019/2136(INI)
26. Promotes the boosting of the European Union’s strategic communication capabilities; calls, in that connection, for further support for the EEAS Strategic Communications Division; reiterates its call for an upgrade of the EU East StratCom Task Force to a permanent structure within the European External Action Service with significantly higher financing and staffing levels than hitherto; calls on the VP/HR, the Commission and the Member States to develop a comprehensive strategy in the fight against foreign electoral interference and disinformation in national and European democratic processes;
Amendment 373 #
2019/2136(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to pursue cooperation on migration exclusively with third countries that are parties to the UN Convention and Protocol Relating to the Status of Refugees and adhere to all provisions contained therein; stresses that partnerships must be based on mutual agreement and should include investments in local development and regulated migration, including legal migration channels and return policies; highlights that the existence of such partnerships may in no way form an impediment to any measures related to the respective third country’s human rights situation;
Amendment 377 #
2019/2136(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses the need to benefit from the EU’s competitive advantage so that it can quickly establish a strategic position in the international race of emerging technologies, such as artificial intelligence, in order to prevent the EU from becoming dependent on non-European digital giants;
Amendment 390 #
2019/2136(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Recalls that an inclusive approach to conflict prevention, mitigation and resolution is paramount to its long-term viability; therefore calls on the Commission to provide for the structural inclusion of women, youth, human rights defenders, and religious and ethnic minorities in all its conflict management- related activities; supports the full implementation of UN Security Council resolution 1325 (2000) and its follow-up resolutions on Women, Peace and Security, and UN Security Council Resolution 2250 (2015) on Youth, Peace and Security;
Amendment 160 #
2018/2149(INI)
Motion for a resolution
Paragraph 20 m (new)
Paragraph 20 m (new)
20m. Calls on Kosovo to address the issue of justice for the estimated 20 000 women who were subjected to systematic sexual violence during the war; condemns that perpetrators have escaped prosecution whilst survivors have been marginalised, forgotten and denied access to justice; urges that those responsible for the crimes against them must be brought to justice and the authorities must provide adequate healthcare and psycho-social support to the victims to overcome the trauma and rebuild their lives; reminds of the link between sexual violence during war and conflict and, if not properly addressed, the higher degree of continuation of gender-based violence in post-conflict countries;
Amendment 226 #
2018/2149(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Condemns the UN’s failure to publically apologise to the victims of lead- poisoning in the UN-run camps in Kosovo between 1999 and 2013, and its failure to compensate the exposed victims; calls on the UN to immediately issue its public apology and provide its long due compensation to the victims; moreover, to safeguard their free access to the necessary healthcare relating to the effects of long-term lead exposure, and address their associated poverty and social exclusion;
Amendment 77 #
2018/2098(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the vital and central role played by human rights defenders and NGOs in promoting and supporting the application of the fundamental rights enshrined in the core international human rights treaties; uconderlines, in this respect,mns,in this respect, the large numbers of political prisoners worldwide and calls for their immediate release; recalls that the treatment of all prisoners must meet international standards and all detainees should have access to legal counsel, to their families, to their diplomatic representatives and to medical treatment; underlines the importance of the EU’s capacity to maintain support, through the European Instrument for Democracy and Human Rights (EIDHR), for human rights defenders and NGOs in situations where they are most at risk, while devoting special attention to the ProtectDefenders.eu mechanism;
Amendment 196 #
2018/2098(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Strongly condemns all heinous crimes and human rights violations committed by state and non-state actorsctors against citizens for peacefully exercising their human rights, for example the crackdown on Rif protesters in Northern Morocco; urges the EU and its Member States to fight crimes of genocide, crimes against humanity and war crimes, and to ensure that their perpetrators are brought to justice; calls for the EU to provide support for organisations that collect, keep and protect evidence – digital or otherwise – of the crimes committed by any parties to these conflicts, in order to facilitate their prosecution at an international level; supports the key role played by the International Criminal Court (ICC) in cases where the states concerned are unable or unwilling to exercise their jurisdiction; calls on all the signatories of the Rome Statute to coordinate and cooperate with the ICC; reiterates its call for the VP/HR to appoint an EUSR on International Humanitarian Law and International Justice with a mandate to promote, mainstream and represent the EU’s commitment to the fight against impunity;
Amendment 600 #
2018/0243(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point b a (new)
Article 3 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) promote the protection and fulfilment of women's and girls' rights, including economic, labour and social rights, and sexual and reproductive health and rights, including via comprehensive sexuality education; and to recognise and value unpaid care and domestic work;
Amendment 716 #
2018/0243(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 a (new)
Article 8 – paragraph 4 – subparagraph 1 a (new)
This regulation shall give particular attention to the rights and empowerment of children and youth, whilst contributing to the realisation of their potential as key agent change.
Amendment 793 #
2018/0243(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) without prejudice to paragraph 4, actions shall be based, to the extent possible, on a on an inclusive dialogue between the Union, the Member States and the partner countries concerned, including national and local authorities, involving civil society, national and local parliaments and other stakeholdercommunities, which meaningfully involves those who are in the most disadvantaged and left behind, including children, older persons, persons with disabilities, LGBTI persons and indigenous peoples, in order to enhance ownership of the process and to encourage support for national and regional strategies;
Amendment 799 #
2018/0243(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) the partners’ needs, established on the basis of specific criteria and in-depth analysis, taking into account the population, poverty, inequality, human development, economic and environmental vulnerability, human rights, democracy, civic space, gender equality, and state and societal resilience;
Amendment 829 #
2018/0243(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
(a) a national or regional strategy in the form of a development plan or a similar document accepted by the Commission as a basis for the corresponding multiannual indicative programme, at the time of adoption of the latter document and based on a meaningful consultation with the local population, civil society and with participation of marginalised groups including children, older persons with disabilities, LGBTI persons and indigenous people;
Amendment 880 #
2018/0243(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Indicatively 10 % of the financial envelope set out in Article 4(2)(a) to supplement the country financial allocations referred to in Article 12 shall be allocated to partner countries listed in Annex I in order to implement the performance-based approach. The performance-based allocations shall be decided on the basis of their progress towards democracy, human rights, and the rule of law, cooperation on migration, economic governance and reforms.; The progress of partner countries shall be assessed annually.
Amendment 1071 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 1 – point c
Annex II – part A – point 1 – point c
(c) Promoting the fight against discrimination in all its forms, and the principle of equality, in particular gender equality and the rights of persons belonging to minoritieswomen's and girls' rights and empowerment, the rights of children, youth, persons belonging to minorities, LGBTI persons and indigenous people;
Amendment 1087 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 2 – point b
Annex II – part A – point 2 – point b
(b) Enhancing efforts for the adoption of policies and appropriate investment to promote women and young people, protect and fulfil women, young people and children’s rights, to facilitate their engagement and meaningful participation in social, civic and economic life, and to ensure their full contribution to inclusive growth and sustainable development;
Amendment 1099 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 2 – point f
Annex II – part A – point 2 – point f
(f) Giving children, particularly the most left behind, the best start in life by investing as early as possible to enhance childhood development and ensure that children experiencing poverty or inequality have access to basic social services such as health, nutrition, education and social protection; Supporting the provision of a safe, nurturing environment for children as an important element for fostering a healthy young population able to reach its full potential paying special attention to girls;
Amendment 1111 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 2 – point m
Annex II – part A – point 2 – point m
(m) Promoting inclusive and equitable quality formal, informal and non-formal education for all, at all levels and including early childhood development, technical and vocational training, including in emergency and crisis situations, and including through the use of digital technologies to improve education teaching and learning;
Amendment 1277 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 2 – point a
Annex III – point 4 – part A – point 2 – point a
(a) Promoting joint global efforts for inclusive and equitable quality education and training at all levels, including early childhood development and in emergency and crisis situations;
Amendment 13 #
2017/2256(INI)
Motion for a resolution
Recital B
Recital B
B. whereas in recent years several factors have impacted the functioning of the Schengen area; whereas these factors include a sign, in particular Member States having reintroduced and subsequently prolonged controls at internal borders since2014; whereas the reintroduction of internal border controls has had a domino effect throughout the Schengen area, leaving some Member States with great difficant numbers of asylum seekers and irregular migrants with related secondary movementsulties; whereas the reintroduction of controls at internal borders seems related to a perception of the numbers of persons seeking international protection and irregular migrants arriving rather than the actual number of those arriving; whereas otheser factors also include terrorism and a heightened threat to public policy and the internal security of the Member States; whereas several Member States have also reintroduced and subsequently prolonged controls at internal borders since 2014;
Amendment 20 #
2017/2256(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, from March 2016, the Commission has proposed a series of measures with a view to restoring the normal functioning of the Schengen area; whereas the proper functioning of the Schengen area is not restored yet and depends on the adoption of such measures and on their implementation, in particular by Member States;
Amendment 34 #
2017/2256(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Schengen area is at a crossroads and requires decisive and joint actions to bring back the benefits it provides to the citizens; whereas it also requires mutual trust, cooperation and solidarity amongst Member states; whereas there should be no political discourse aiming at blaming Schengen;
Amendment 41 #
2017/2256(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
-3. Points out that the EU legislator has adopted a number of measures in the last three years which were designed to reinforce the integrity of the Schengen Area without internal border control. Notes that these measures include a Regulation to establish a revamped European Border and Coast Guard Agency, a revision of the Schengen Borders Code to provide for mandatory systematic checks on EU nationals crossing external Schengen Borders, and a new Entry-Exit system to record the entry and exit of all third-country nationals entering the Schengen area for a short stay;
Amendment 44 #
2017/2256(INI)
Motion for a resolution
Subheading 1 d (new)
Subheading 1 d (new)
0. Highlights that reintroducing border control at internal borders has proven much easier than removing those internal border controls once they have been reintroduced;
Amendment 52 #
2017/2256(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes the effectiveness of the measures taken at the external borders and the creationorts of the European Border and Coast Guard Agency; notes the efforts of the Agency (‘EBCGA’) in implementing the new regulation, especially through joint operations in the field of border surveillance and return, and by supporting the Member States particularly affected by migratory pressuresubject to increased levels of migration; sees the importance of the newly introduced vulnerability assessment mechanism in uncovering weaknesses at the common external borders and preventing crises; emphasiszes the concerted efforts and cooperation between agencies and othMember sStakeholdertes in organising the ‘Hotspot’ approach; reiterates that the success or otherwise of such an approach has not yet been established;
Amendment 59 #
2017/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises the supporRegrets that mand capacity-building measures taken in the countries of origin to address the root causes of irregular migration;y people died or went missing trying to reach the European Union in the past years ; Therefore, considers it crucial that adequate maritime search-and- rescue aspects and capabilities are embedded into all operational planning and execution, as provided for in Regulation (EU) No 656/2014of border surveillance at sea borders and in the execution of such operations by the EBCGA as provided for in Regulation (EU) No 656/2014;Further emphasises that Search and Rescue is an individual component of European Integrated Border Management as set out in the EBCGA Regulation;
Amendment 68 #
2017/2256(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers cooperation with third countries, in particular in the context of development policy and readmission agreements, as one of the most essential elements in finding the solution to irregular migration; as one element in reducing levels of irregular migration to the European Union; acknowledges that the basic instrument that sets out the objectives of the Union’s external policies on migration, asylum and borders is the Global Approach to Migration and Mobility; takes note that various instruments exist under that umbrella, including regional dialogues, bilateral dialogues, mobility partnerships, common agendas for migration and mobility, readmission agreements, visa facilitation agreements, visa exemption agreements, Regional Protection Programmes and Regional Development and Protection Programmes;
Amendment 84 #
2017/2256(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomNotes the ongoing reform of the SIS and the establishment of other large- scale information systems,; as well as the objective of improving their interoperability while preserving the necessary safeguards, namely with regard to data protection and privacy;
Amendment 106 #
2017/2256(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the current state of Schengen and the issues it has enpersistence of internal border counteredrols are not due, primarily, to problems in the structure and construction ofrules of the Schengen area itself but rather to the connecrelated fields of the acquis, such as shortcomings in the area of the Common European Asylum System, including the Dublin Regulation, and the control of the external borders; underlines, all the same, that the rules applied under the Schengen Acquis could always be optimised and made clearer to avoid legal uncertainty regarding measures introduced unilaterally by Member States;
Amendment 125 #
2017/2256(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Condemns the continued reintroduction of internal border checks as this undermines the basic principles of the Schengen area, and expresses doubts about the lawfulness; takes the view that many of somthe prolongations of controlsare not in line with the existing rules and are therefore unlawful; is also of the opinion that Member States have not taken the proper measures to ensure cooperation with other affected Member States to minimise the effects of these measures, nor have they provided enough information on the results of such controls, therefore hindering the analysis by the Commission and scrutiny by Parliament; considers the economic, political and social impacts of this practice to be detrimental to the unity of the Schengen area and harmful to the prosperity of European citizens; recalls that Member States have other tools available, namely targeted police controls, as recommended by the Commission; iterates that the Union legislator has adopted many measures in the last three years to strengthen the external borders and external border control; underlines that there has been no corresponding reaction in terms of the removal of internal border controls; recalls that Member States have other tools available to them other that internal border control, including - as recommended by the Commission - targeted police controls provided that such controls do not have border control as an objective, are based on general police information or experience regarding possible threats to public security and aim, in particular, to combat cross-border crime, are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders;
Amendment 139 #
2017/2256(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Appreciatcknowledges, as part of efforts to restore the normal functioning of Schengen, the proposal to amend the Schengen Borders Code; recalls that these changes should merely reflect the new challenges and diffuse threats to internal security and as regards the rules applicable to the temporary reintroduction of border controls at internal borders; emphasises the need to establish clear rules that provide adequate reassurance for Member States without rendering internal border control easier to reintroduce and without encouraging the reintroduction of internal border control for longer than is absolutely necessary; recalls that any changes should not be a further avenue for prolonging internal border controls; considers that these steps are to be made carefully in order not to inflict irreversible damage on the basic idea of free movement;
Amendment 145 #
2017/2256(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expresses concern about the lack of implementation in some areas of the regulation governing certain fields of border control, such as the systematic consultation of databases during border checks and the thorough checking of the required entry conditions; notes that clear non-compliance in establishing National Coordination Centres in accordance with the European Border Surveillance System Regulation (EUROSUR) is prevalent in many Member States; Emphasises again that, in order for legislation on internal and external borders to be effective, it is essential that measures agreed at Union level are implemented properly by the Member States;
Amendment 150 #
2017/2256(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that all the Member States, including those with no external land borders, should do their utmost to ensure a high level of control at their external borders by allocating sufficient resources through staffing and expertise, establishing the necessary command and control structures and formulating up-to-date risk analyses in accordance with Regulation (EU) 2016/1624 for all tiers of command to facilitate effective operations;
Amendment 156 #
2017/2256(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that cooperation at national level between different law enforcement services, the military, border guards and customs is often inadequate, resulting in fragmented situational awareness and low effectiveness; recalls that no amount of well-meaning measures at Union level can make up for a lack of internal cooperation between the relevant authorities of the Member States;
Amendment 162 #
2017/2256(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that were the Schengen evaluation mechanism to be revised, any proposal should address the major delays from the on-site visit to the implementing decisions and action plans and should facilitate swift remedial action on the part of the Member States; takes the view that the value of unannounced checks in the context of the Schengen Evaluation Mechanism could be enhanced were such checks to be made truly unannounced (not providing 24- hours notice);
Amendment 191 #
2017/2256(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to make available the necessary information and statistical data to facilitate the national management of resources and capabilities related to border control; calls on the Member States, in particular those directly affected, to prepare and sufficiently test necessary contingency plans to mitigate situations of disproportionate migratory pressureincreased levels of migration, as well as to increasenhance their registration and accommodation capacity in case of such events; calls on the Member States to improve their capabilities to detect document fraud and clandestineirregular entries;
Amendment 211 #
2017/2256(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to ensure swift return procedures once a return decision has been issued; calls on the Member States to take specific steps to ensure adequate infrastructure, accommodation and living conditions for arriving asylum seekers, especially taking into consideration the needs of unaccompanied minors and families with minors; calls on the Member States to bring their detention facilities into line with the requirements so as to meet capacity demand, and to increase the use of alternative measures to detentionincrease the use of alternative measures to detention, and, bearing in mind that detention is a measure of last resort, to ensure their detention facilities respect International and European requirements and fundamental rights;
Amendment 220 #
2017/2256(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Insists that multipurpose operations be conducted by the European Border and Coast Guard Agency with the aim of responding to the need for maritime search-and-rescue assets (as provided for in Regulation (EU) No 656/2014) to be present in the relevant areas; requiresnotes that the European Border and Coast Guard Agency to takehas been given a mandate for a more active role in supporting the Member States in coordinated return operations;
Amendment 229 #
2017/2256(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls the high priority given to the reform of the Common European Asylum System (CEAS) as part of the holistic approach to tackling the refugee and migratiohumanitarian crisis and of the Commission’s Agenda on Migration; calls on the Council to swiftly follow Parliament in adopting a mandate for negotiations on every proposal in this regard, particularly as regards the Dublin Regulation; highlights that the new European Agency for Asylum has still to be approved and urges the Council to unblock this file as a matter of urgency;
Amendment 234 #
2017/2256(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Insists on developing the Schengen evaluation mechanism together with the vulnerability assessment tool in a way that impreovents unforeseen relapses ins the overall management of the external borders, enhances the respect of the Schengen acquis and facilitates thorough scrutiny and transparency between Member States and institutions;
Amendment 236 #
2017/2256(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Commission to adopt a legislative proposal to amend the EUROSUR Regulation in light of the major shortfalls encountered in the implementation of the current regulation, and considers that such a proposal should encourage greater use of EUROSUR to engage and assist search and rescue operations;
Amendment 241 #
2017/2256(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses the importance of reforming and adapting the SIS to face new challenges swiftly, namely regarding the protection of missing children, the immediate exchange of information on terrorism and the mandatory exchange of information on return decisions; highlights the anticipatedemphasises that such reform must not undermine the principles of necessity and proportionality; underlines that if the system is to function properly alerts must require action and should justify their inclusion in the system; points out that mutual trust in the system is not improved through the continued expansion of both the number of alerts and the amount of data stored in each alert; highlights, nevertheless, that the reforms should lead to a substantial increase in the activity of the Supplementary Information Request at the National Entry (SIRENE) Bureau and calls on Member States to reinforce the means at its disposal by ensuring that it has adequate financial and human resources to carry out its new functions;
Amendment 153 #
2017/2209(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 158 #
2017/2209(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Encourages the European Commission and Member States authorities to strengthen their efforts to build effective counter-narratives and other strategic communications tools to disrupt the process of radicalization towards extremist ideals;
Amendment 160 #
2017/2209(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Observes that an effective means of combating terrorism on the internet is to remove online contents constituting a public provocation to commit a terrorist offence. Encourages the Commission and Member States to cooperate with internet sector to prevent the misuse of social media for terrorist purposes by establishing tools to detect and flag illicit contents. Member States should provide clear guidelines to ensure an adequate level of legal certainty and predictability for users and service providers and the possibility of judicial redress in accordance with national law;
Amendment 178 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Welcomes the European Commission decision to establish a High Level Expert Group on fake news and online disinformation composed by representatives of the civil society, social media platforms, news media organisations, journalists and academia in order to analyse these emerging threats and propose operative measures to be taken both at European and national level;
Amendment 186 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Recalls Member States that the notion of fake news should never be used to criminalise critical media;
Amendment 188 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Calls on the European Commission to provide social media platforms with precise definitions of fake news and disinformation in order to reduce the margin of discretion left to the private sector actors;
Amendment 189 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13 d. Encourages social media companies to develop tools to enable users to flag potential fake news for review by certified third party fact checking organisations;
Amendment 190 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13 e. Reiterates that cyberbullying and revenge porn are a growing concern in our societies and can have extremely serious impacts especially among young people and children. Encourages all Member States to set up forward looking legislation to address this phenomenon including provisions for removal from social media of contents harmful for human dignity within well-defined deadlines;
Amendment 191 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13 f. Encourages both the European Commission and Member States to invest in media literacy in order to provide citizens with tools to be aware and critical about contents they read and consequently identify fake news and disinformation;
Amendment 192 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 g (new)
Paragraph 13 g (new)
13 g. Calls on Member States to invest adequate financial resources for fact- checking as well as to integrate media and information literacy into national education systems and more generally in order to empower citizens with the tools to use the internet responsibly and avoid possible risks;
Amendment 193 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 h (new)
Paragraph 13 h (new)
13 h. Reiterates the right of each individual to decide on the fate of his or her personal data, in particular the exclusive right to control the use, disclosure of personal information and the right to be forgotten defined as the possibility to obtain a prompt removal of contents that might be prejudicial for his or her own dignity from social media and search websites;
Amendment 130 #
2017/2131(INL)
Motion for a resolution
Annex I – point 29
Annex I – point 29
(29) On 17 October 2017, the Hungarian Parliament extended the deadline for foreign universities operating in the country to meet the new criteria to 1 January 2019. Negotiations between the Hungarian Government and foreign higher education institutions affected, in particular, the Central European University, are still ongoing, while the legal limbo for foreign universities remains. Notes that the Central European University complied with the new requirements imposed by the Amendment of Act CCIV of 2011 on National Tertiary Education in due time, but the Hungarian Government is reluctant to sign the reached agreement.
Amendment 158 #
2017/2131(INL)
Motion for a resolution
Annex I – point 38
Annex I – point 38
(38) In February 2018, a legislative package consisting of three draft laws, also known as the “Stop-Soros Package” (T/19776, T/19775, T/19774), was presented by the Hungarian Government. On 14 February 2018, the President of the Conference of INGOs of the Council of Europe and President of the Expert Council on NGO Law made a statement indicating that the package does not comply with the freedom of association, particularly for NGOs which deal with migrants. On 15 February 2018, the Council of Europe Commissioner for Human Rights expressed similar concerns. On 3 March 2018, UN human rights experts warned that the bill would lead to undue restrictions on the freedom of association and the freedom of expression in Hungary. In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns that by alluding to the “survival of the nation” and protection of citizens and culture, and by linking the work of NGOs to an alleged international conspiracy, the legislative package would stigmatise NGOs and curb their ability to carry out their important activities in support of human rights and, in particular, the rights of refugees, asylum seekers and migrants. It was further concerned that imposing restrictions on foreign funding directed to NGOs might be used to apply illegitimate pressure on them and to unjustifiably interfere with their activities. The Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe on 22 March 2018 requested an opinion of the Venice Commission on the compatibility of the “Stop Soros” draft legislative package with international human rights standards.
Amendment 162 #
2017/2131(INL)
Motion for a resolution
Annex I – point 38 a (new)
Annex I – point 38 a (new)
(38a) Ensuring an enabling environment for civil society is an obligation under international human rights and EU law. The measures of the Hungarian government’s to obstruct the work of civil society organisations are contrary to the EU’s founding principles as enshrined in Article 2 TEU.
Amendment 98 #
2017/2122(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates its firm belief that the EU and its Member States must actively pursue the principle of mainstreaming human rights and democracy in all EU policies, including migration; reiterates, in this regard, the crucial importance of ensuring increased coherence between the EU’s internal and external policies;
Amendment 103 #
2017/2122(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises the importance of enhanced cooperation between the Commission, the Council, the European External Action Service (EEAS), Parliament and the EU delegations to ensure a consistent and united voice in favourdefence of human rights;
Amendment 119 #
2017/2122(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Expresses grave concern about the increasing number of attacks against religious and ethnic minorities, in particular Christians, which are often committed by non-state actors such as ISIS/Daesh; calls for the EU and its Member States to step up their efforts to enhance respect for freedom of thought, conscience, religion and belief and to promote interreligious dialogue when engaging with third countries; requests concrete action towards the effective implementation of the EU Guidelines on the promotion and protection of freedom of religion or belief, including by ensuring the systematic and consistent training of EU staff at headquarters and in delegations; supports fully the EU practice of taking the lead on thematic resolutions on freedom of religion and belief at the UN Human Rights Council (UNHRC) and the UN General Assembly (UNGA); supports fully the work of the EU Special Envoy for the Promotion of Freedom of Religion or Belief outside the EU, Mr Ján Figel;
Amendment 153 #
2017/2122(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers it deeply regrettable that torture, ill-treatment and the death penalty continue in many places all over the world, and calls for the EU to intensify its efforts to eradicate these serious human rights violations; urges the EEAS and the VP/HR to engage more strongly in the fight against torture and other cruel, inhuman and degrading treatment or punishment, including the death penalty, through increased diplomatic efforts and more systematic public positioning; recommends that the EEAS, the EU delegations and the Member States use all existing instruments, such as the EU Guidelines on Torture, to their full potential; welcomes the fact that the UN’s resolution on a moratorium on the use of the death penalty was adopted by the UNGA in December 2016 with the support of 117 countries;
Amendment 204 #
2017/2122(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses profound concern that minorities are still at a heightened risk of discrimination and are especially vulnerable to political, economic, environmental and labour-related changes and disruptions; notes that many have little or no access to political representation and are acutely affected by poverty; stresses that the EU should intensify its efforts to eradicate the violations of human rights committed against ethnic, religious and sexual minorities;
Amendment 82 #
2017/2121(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is of the view that, in an international environment that is increasingly conflict-ridden and unstable, only a joint soft power with credible hard power can confront major security challenges, notably the refugee crisis, terrorism, conflicts in the Eastern and Southern neighbourhoods, proxy wars and hybrid warfare, and challenging assertive behaviour by Russia, North Korea and China; takes the view that it is necessary to tackle the root causes of instability and of forced and irregular migration, namely poverty, the lack of economic opportunities, armed conflicts, bad governance and climate change;
Amendment 101 #
2017/2121(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the need to intensify the fight against Islamist terrorism in the Southern neighbourhood and among the neighbours of our neighbours; urges the need for concerted diplomatic efforts on the part of the EU, the US and other international allies, to convince players in the region, such as Turkey, the Gulf states and Iran, of the need for a common strategy to address this global challenge; believes that these diplomatic efforts should be accompanied by the wide range of other tools and instruments at the EU’s disposal;
Amendment 333 #
2017/2121(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that Europe should increase defence cooperation with European security priorities in mind, including territorial integrity, the link between external and internal security, and risk control in the periphery of Europe, keeping in mind that the territorial defence of European territory is NATO's responsibility; welcomes in this context the Implementation Plan on Security and Defence; considers that the European Defence Agency (EDA) capabilities and permanent structured cooperation (PESCO) should be used to their full potential;
Amendment 21 #
2017/2083(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Emphasises that good governance, democracy, the rule of law and respect for human rights are crucial elements in sustainable development and should be a priority for EU funding and development cooperation, including funds for the purpose of migration management;
Amendment 44 #
2017/2083(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Draws attention to the fact that the Africa-EU Migration and Mobility Dialogue should facilitate mobility and free movement of people in Africa and between Africa and the EU on the basis of a well- managed rights-based approach including safe and legal channels for migration; recalls that the EU should develop and strengthen these safe and legal channels for migration, not only for the resettlement of vulnerable refugees but also for economic migration to take place in a sustainable and structured manner;
Amendment 59 #
2017/2083(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for effective, strengthened and systematic cooperation with countries of origin, transit and destination, including a strong and real resettlement policy, joint programs for returnees and financial investigation, in the fight against trafficking and smuggling of human beings;
Amendment 20 #
2017/2056(INI)
Motion for a resolution
Citation 8
Citation 8
– having regard to the notificationlaunch of infringement proceedings on 25 OctoDecember 2017 by the Committee of Ministers of the Council of Europe of the launch of infringement proceedings due to the Azerbaijani authorities’ continued refusal to implement the Ilgar Mammadov v. Azerbaijan judgment from the European Court of Human Rights (ECHR),
Amendment 43 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) to ensure that the deepening of relations between the EU and Azerbaijan is undertaken on the basis of mutually agreed ambitions and theconditional on upholding of the core values and principles of democracy, the rule of law, good governance, respect for and good governance, as well as on providing solid legal guarantees in the areas of the rule of law, human rights and fundamental freedoms, in the interest of both parties and especially their citizens;
Amendment 52 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
(b) to remind the Azerbaijani authorities about the European Parliament’s position as expressed in its resolution of 15 November 2017 on the Eastern Partnership, which unambiguous and clearly states that no comprehensive agreement will be ratified with a country that does not respect EU values, in particular with regard to the non-implementation of decisions by the European Court of Human Rights and the harassment, intimidation and persecution of human rights defenders, NGOs and journalists; to ensurge that significant steps are taken as regards the release of political prisonere Azerbaijani authorities to implement the ECtHR decisions; to ensure that all political prisoners, including journalists, activists and prisoners of conscience in Azerbaijan are released before any new EU- Azerbaijan agreement; to ensureinclude in the new agreement a dedicated suspension mechanism related to human rights and fundamental freedoms is included in the new agreementwith clear provisions on respect for human rights, rule of law and fundamental freedoms;
Amendment 55 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point b a (new)
Paragraph 1 – point b a (new)
(ba) to include clearly defined provisions on suspension mechanism of the agreement in case of continued human rights violations;
Amendment 64 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point d
Paragraph 1 – point d
(d) to ensure that the future agreement with Azerbaijan is ambitious, comprehensive and forward-looking, and will delivering tangible and concrete benefits not only for large companies but also for SMEs and for the citizens of the EU and of Azerbaijan; to include in the new agreement specific supervision and control mechanisms against money laundering schemes, fraud and corruption;
Amendment 68 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
(e) to ensure, in so far as the above conditions are fulfilled, speedy and steady progress in the negotiations with the objective of signing this new agreement before the next Eastern Partnership Summit in 2019, only in so far as the above conditions are fulfilled;
Amendment 80 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point g
Paragraph 1 – point g
(g) to provide for regular and in-depth dialogue, notably on political and democratic reforms aimed at bolsteringcreating independent institutions, such as the judiciary in order to make them more democratic and independent, on upholding of human rights, and on fostering a strong civil societyand an effective parliament in compliance with the principle of the separation of powers, on protecting human rights, media freedom and creating environment in which a strong civil society can operate without undue interference and ensuring its involvement in the reform process;
Amendment 90 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point h
Paragraph 1 – point h
(h) to establish specific measures aimed at implementingnsure that the recommendations by the OSCE/ODHIR and the Council of Europe’s Venice Commission with a view to ensuring progress towardsare implemented, with a view to establish new legislation guaranteeing the organization of elections and referenda that allow for a free and fair expression of Azerbaijani citizens’ views and aspirations; to put strong emphasis on the effectiveness and impartiality of the election administration, the conduct of the campaign and the respect for fundamental freedoms, media coverage of the elections and the administration of election day procedures, including the vote count and tabulation of results, as called for by the OSCE; to further monitor the organization of future elections until these requirements are met;
Amendment 93 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) to aim for provisions that enhance cooperation in promoting peace and international justice and in particular for Azerbaijan to sign and ratify the Rome Statute of the International Criminal Court (ICC); to calsl upon Azerbaijan to respect its obligations as a member of the Council of Europe and abide by the decisions of the ECtHR; to seek stronger cooperation measures in countering the proliferation of weapons of mass destruction as well as tackling illicit trade in small arms and light weapons;
Amendment 148 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point m
Paragraph 1 – point m
(m) to provide support for reform of the judiciary aimed at ensuring its independence from the executive and at strengthening the rule of law, as well as developing a strong framework for the protection of human rights and gender equality; to make sure that strong legislation is in place for preventing and sanctioning politically exposed persons´ involvement in corruption, traffic of influence, money laundering, abuse of office and other related offences, particularly within the framework of the recent joint journalistic investigations revealing the involvement of a number of Azeri officials in such activities;
Amendment 150 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point m b (new)
Paragraph 1 – point m b (new)
(mb) to ensure the independence of legal professionals by removing any undue interference in the work of lawyers, repealing the October 2017 amendments banning lawyers without Bar membership from representing clients in all courts, addressing the lack of independence of the Azerbaijani Bar and its arbitrary powers to deny admissions of new members and initiate bogus disciplinary proceedings against critical lawyers, as demonstrated by the recent cases of lawyers being disbarred or otherwise disciplined in recent years in retaliation for their legitimate work defending the government critics;
Amendment 160 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point n
Paragraph 1 – point n
(n) to put in place specific proviclosely monitor and evaluate, before any agreement is in place, Azerbaijan´s progress in fighting corruption, money laundering and tax evasions; to support Azerbaijan in fighting corruption, money laundering and tax evasiontake into account and push for the investigation of all recent disclosures related to the Azeri Laundromat, a money-laundering operation which, according to OCCRP, handled $2.9 billion over a two-year period, between 2012 and 2014, through four shell companies registered in the United Kingdom, as well as for the investigation of the findings related to Azerbaijan in the PANA fact finding EP mission’s report in Malta; to be aware that there is evidence revealing government ministries as the direct source of some of this money, as well as strong connections to high-ranking Azeri officials;
Amendment 170 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point p
Paragraph 1 – point p
(p) to include conditional provisions related to the protection of human rights and fundamental freedoms aimed at ending political prosecutions and abductions, the targeting of political dissidents, independent journalists, human rights defenders, NGO representatives and members of some minority groups including the LGBTQ community; to set up a reinforced forum for a human rights dialogue between the EU and Azerbaijan to encourage and support in particular the implementation of comprehensive reforms of the judiciary, all in line with EU standards;
Amendment 181 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point p a (new)
Paragraph 1 – point p a (new)
(pa) to create concrete benchmarks ahead of a human rights dialogue between the EU and Azerbaijan and to evaluate the dialogues on the annual basis, based on deliverables; to encourage and support in particular the implementation of comprehensive reforms of the judiciary, all in line with EU standards;
Amendment 186 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point q
Paragraph 1 – point q
(q) to ensure a review of legislation and a halting of measures that seek to curtailthe adoption of relevant amendments in the law to enable civil society’s legitimate activities notably as regardsand remove undue restrictions to their registration requirements, the operations and their access to foreign funding and grants registration, in accordance with the recommendations of the Venice Commission and other regional and international human rights institutions, and to put an end to undue criminal investigations, raids of their offices, freezing of their accounts and persecution of numerous NGOs of their leaders;
Amendment 192 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point q a (new)
Paragraph 1 – point q a (new)
(qa) to ensure an immediate review of legislation decriminalising online defamation, in particular that of the president, especially as the penalty for this offence has recently been increased to up to 5 years of imprisonment; to urge Azerbaijan to move away from such dictatorial practices and align to EU standards;
Amendment 199 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point r
Paragraph 1 – point r
(r) to ensure, before the conclusion of the negotiations, that Azerbaijan takes signpecificant steps as regards the release of political prisoners and prisoners of conscience which, in 2017, exceeded 1540 persons, including, among the most emblematic cases, Ilgar Mammadov, Afgan Mukhtarli, Mehman Huseynov, Ilkin Rustamzada, Seymur Hazi, Rashad Ramazanov, Elchin Ismayilli, Giyas Ibrahimov, Beyram Mammadov, Asif Yusifli, Fuad Gahramanli and Aziz Orujov, theo lifting of their travel bans once released, including those of journalist Khadija Ismayilova and, lawyer Intigam Aliyev and opposition party member Faig Amirli; to secure the release and improvement of the situation of these individuals via the judiciary and the application of the rule of law;
Amendment 203 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point r a (new)
Paragraph 1 – point r a (new)
(ra) to ensure, before the conclusion of the negotiations, that Azerbaijan fully complies with the judgement of the European Court of Human Rights on Ilgar Mammadov’s case and ensure his prompt and unconditional release; and the full implementation of all other judgements of the Court by paying the fines, but also undertaking all necessary general measures, including in the cases where the Court found violations of freedom of association;
Amendment 206 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point r c (new)
Paragraph 1 – point r c (new)
(rc) to urge Azerbaijan to immediately address the unprecedented infringement proceedings launched by the Council of Europe in 2017 and ensure the unconditional release of opposition politician Ilgar Mammadov, thus complying with a judgment from the European Court of Human Rights from 2014;
Amendment 209 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point r e (new)
Paragraph 1 – point r e (new)
(re) to ensure that Azerbaijan reinstates opposition supporters or their relatives who might have lost their jobs due to their or their family members’ political activism and end alleged retaliatory harassment and arbitrary prosecution of activists’ family members;
Amendment 212 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point r f (new)
Paragraph 1 – point r f (new)
(rf) to ensure that Azerbaijan respects the right to freedom of peaceful assembly; refrains from restricting this right in ways that are not compatible with its obligations under international law, including the European Convention on Human Rights; and promptly and effectively investigates all cases of excessive use of force, arbitrary arrest and detention of peaceful protesters, including in connection with the sanctioned opposition rallies in September 2017 and March 2018, and bring the perpetrators to justice;
Amendment 219 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point s
Paragraph 1 – point s
(s) to seek, before the conclusion of the negotiations, that Azerbaijan commits to investigations into all cases of mistreatment of political prisoners and prisoners of conscience, notably in the case of the late Mehman Galandarov, who died in custody; as well as to investigate alleged torture and ill-treatment of Taleh Bagirzade, Giyas Ibrahimov, Beyram Mammadov, Mehman Huseynov; to investigate torture and ill-treatment allegations of the LGBTQ community members, who were arrested and harassed en masse (of around 150 people)in September 2017;
Amendment 226 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point t
Paragraph 1 – point t
(t) to underline the importance ofensure that a free and independent media, both off and on-line and to ensure a strengthened EU support for free and pluralistic media in Azerbaijan, with editorial independence and in line with EU standards, and pointing out that a reinforced attention to press and media freedom could take the form of a regional initiative encompassing all , exists and operates in the country without undue interference, to unblock access to the websites of Azadliq, and of three news outlets that have to operate from abroad: Radio Free Europe/Radio Liberty (RFE/RL) Azerbaijan Service, Meydan TV, and Azerbaycan Saati; and to ensure a strengthened EU support for free and pluralistic media in Azerbaijan, with editorial independence and in line withe Eastern Partnership countrieU standards;
Amendment 55 #
2017/2029(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses, however, that military technology is being exported to non- eligible destinations and end users; is alarmed at arms races and at the fact that military approaches to solvconcerned that the prolitical conflict and turmoil are increasingly prioritised over diplomatic and other non- violent approaches, such as conflict prevention;feration of weapon systems in wartime and in situations with significant political tension, may disproportionately affect civilians.
Amendment 60 #
2017/2029(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Urges the Member States and the European External Action Service (EEAS) to significantly improve the consistency of the implementation of the Common Position in order to enhance the security of civilians who are suffering because of conflict and human rights abuses in third countries, as well as the security of the Union and its citizens;.
Amendment 128 #
2017/2029(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the need to guarantee a more standardised and timely reporting and submission procedure, for example by setting a deadline for submitting data of no later than January following the year in which the exports took place, and by setting a fixed publication date of no later than February following the year of exports; with a strict deadline.
Amendment 147 #
2017/2028(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that States are bound to fulfil their human rights obligations; underlines that States are responsible for reacting to any negative impact of corruption occurring in their territory; recalls the responsibilities of business operators to respect human rights and tacklo include corruption as a matter that must be addressed; stresses the need to integrate a human rights perspective into anti- corruption strategies;
Amendment 160 #
2017/2028(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the need to mainstream the principle of local and democratic ownership of projects financed under EU assistance programmes to ensure a minimum standard of transparency; highlights the need to establish and operationalise conditionality and incentives of EU external financial instruments based on anti-corruption norms and commitments made by partner countries;
Amendment 165 #
2017/2028(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the EU to introducclude an anti- corruption clause alongsidewithin existing human rights clauses in agreements with third countries that would allow for monitoring, consultations and, as a last resort, the imposition of sanctions or the suspension of such agreements in the event of serious and/or systemic corruption that causes or is directly linked to serious human rights violations;
Amendment 206 #
2017/2028(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is convinced that an ambitious anti- corruption policy in EU external relations is only credible if underpinned by an effective anti-corruption strategy within the EU; regrets in this context that the Commission decided not to follow up its 2014 EU anti-corruption report to provide a new analysis of corruption within the EU Member States, which would have also reinforced the EU’s credibility to promote an ambitious anti- corruption agenda in its external policies;
Amendment 166 #
2017/2025(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Welcomes commitments of the Indian government towards improving women's rights and encourages Indian authorities to take further steps to tackle gender based violence and promote gender equality; calls for improving the rights of LGBTIQ and repealing section 377 of the Indian Penal Code;
Amendment 1 #
2017/0360R(NLE)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),
Amendment 10 #
2017/0360R(NLE)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to its resolution of 25 November 2019 on the Union’s accession to the Istanbul Convention on preventing and combating violence against women 14a, _________________ 14a Texts adopted, P9_TA(2019)0080.
Amendment 11 #
2017/0360R(NLE)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to its legislative resolution of 17 April 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Rights and Values programme 16a, _________________ 16a Texts adopted, P8_TA(2019)0407.
Amendment 53 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reiterates its position as regards the budget envelope for the new Rights and Values Programme within the next Multiannual Financial Framework, and calls to ensure that adequate funding is provided for national and local civil society organizations to grow grassroots support for democracy, rule of law and fundamental rights in the Member States, including Poland;
Amendment 76 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that the new Chamber of Extraordinary Control and Public Matters of the Supreme Court (hereinafter the ‘Extraordinary Chamber’), which is composed in majority of judges nominated by the new National Council of the Judiciary (NCJ) and risks not to qualify as independent tribunal in the assessment of the CJEU, is to ascertain the validity of general and local elections and to examine electoral disputes; this raises serious concerns as regards the separation of powers and the functioning of Polish democracy, in that it makes judicial review of electoral disputes particularly vulnerable to political influence and is capable of creating legal uncertainty as to the validity of such review22 ; _________________ 22Venice Commission, Opinion of 8-9 December 2017, CDL-AD(2017)031, para. 43; Third Commission Recommendation (EU) 2017/1520 of 26 July 2017, para. 135.
Amendment 80 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is concerned, while recognising the extraordinary circumstances created by the COVID-19 health crisis, about the amendments to the electoral legislation being considered in the Polish parliament shortly before the presidential elections which change the practical organisation of the elections in order to proceed to a vote by postal services, which could impede the elections from taking a fair, secret and equal course, respectful of the right to privacy and Regulation (EU) 2016/679 of the European Parliament and of the Council23 and which moreover run counter to the case law of the Polish Constitutional Tribunal; stresses, moreover, that it is very difficult to organise a genuine election campaign giving an equal share of attention and equal opportunities to all candidates and programmes and allowing for real public debate in the midst of an epidemic24 ; notes with concern that the elections, originally scheduled to be held on 10 May 2020, were eventually postponed without respecting formal legal requirements; _________________ 23Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 24OSCE/ODIHR, Opinion on the draft act on special rules for conducting the general election of the President of the Republic of Poland ordered in 2020 (Senate Paper No. 99), 27 April 2020.
Amendment 88 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the acts concerning the Constitutional Tribunal adopted on 22 December 2015 and 22 July 2016, as well as the package of three acts adopted at the end of 2016, seriously affected the Constitutional Tribunal’s independence and legitimacy and were therefothat the first two acts were declared unconstitutional by the Constitutional Tribunal on respectively 9 March 2016 and 11 August 2016; recalls that those judgments were not published at the time nor implemented by the Polish authorities; seriously deplores the lack of independent and effective constitutional review in Poland since the entry into force of the aforementioned legislative changes25 ; invites the Commission to consider launching an infringement procedure in relation to the legislation on the Constitutional Tribunal; _________________ 25 Venice Commission Opinion of 14-15 October 2016, para. 128; UN, Human Rights Committee, Concluding observations on the seventh periodic report of Poland, 31 October 2016, paras 7-8; Commission Recommendation (EU) 2017/1520.
Amendment 102 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that, in 2017, two new chambers within the Supreme Court were created, namely the Disciplinary Chamber and the Extraordinary Chamber, which were staffed with newly appointed judges selected by the new NCJ and entrusted with special powers – including the power of the Extraordinary Chamber to quash final judgments taken by lower courts or by the Supreme Court itself by way of extraordinary review, and the power of the Disciplinary Chamber to discipline other (Supreme Court) judgejudges of the Supreme Court and of common courts, creating de facto a “Supreme Court within the Supreme Court”;30 _________________ 30OSCE-ODIHR, Opinion of 13 November 2017, p. 7-20; Venice Commission, Opinion of 8-9 December 2017, para. 43; Recommendation (EU) 2018/103, para. 25; GRECO, Addendum to the Fourth Round Evaluation Report on Poland (Rule 34) of 18-22 June 2018, para. 31; Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 8.
Amendment 106 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that the referring Supreme Court (Labour Chamber) subsequently concluded in its judgment of 5 December 2019 that the Disciplinary Chamber does not fulfil the requirements of an independent and impartial tribunal, and that the Supreme Court (Civil, Criminal and Labour Chambers) adopted a resolution on 23 January 2020 reiterating that the Disciplinary Chamber is not a court due to its lack of independence and therefore its decisions shall be considered null and void; notes with grave concern that the Polish authorities have declared that those decisions are of no legal significance when it comes to the continuing functioning of the Disciplinary Chamber and the NCJ, and that the Constitutional Tribunal has ‘suspended’ the resolution of 23 January 2020, creating a dangerous judiciary duality in Poland and moreover openly defying the primacy of Union law and the status granted to the CJEU by Article 19(1) TEU in that it limits the effectiveness and application of the CJEU’s ruling of 19 November 201932 ; _________________ 32Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 38.
Amendment 112 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that the Supreme Court (Labour Chamber), implementing the criteria set out by the CJEU in its judgment of 19 November 2019, found in its judgment of 5 December 2019 and in its decisions of 15 and 23 January 2020 that the decisive role of the new NCJ in the selection of the judges of the newly created Disciplinary Chamber undermines the latter’s independence and impartiality; is concerned about the legal status of the judges appointed or promoted by the NCJ in its current composition and about the impact their participation in adjudicating may have on the validity and legality of proceedings;
Amendment 114 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls that the European Network of Councils for the Judiciary (ENCJ) suspended the new NCJ on 17 September 2018 for reason of no longer fulfilling the requirements of being independent of the executive and legislature and is now considering expelling the new NCJ entirelyhas initiated the expulsion procedure in April 202035 ; _________________ 35 ENCJ, Letter of 21 February 2020 by the ENCJ Executive Board. See as well the letter of 4 May 2020 by the European Association of Judges in support of the ENCJ.
Amendment 116 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to start infringement proceedings against the act of 12 May 2011 on the NCJ as amended in 2017 and to ask the CJEU to suspend the activities of the new NCJ by way of interim measures;
Amendment 126 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Expresses concern regarding the disciplinary proceedings initiated against common court judges in reference to their judicial decisions or public statements in defence of judicial independence;
Amendment 139 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Is concerned about reports alleging undue delays in court proceedings, difficulties in accessing legal assistance during arrest, and instances of insufficient respect for the confidentiality of communication between counsel and client44 ; calls on the Commission to closely monitor the situation of lawyers in Poland; reminds of the right of all citizens to being advised, defended and represented by an independent lawyer according to Article 48 of the Charter of Fundamental Rights; _________________ 44UN Human Rights Committee (HRC), Concluding observations on the seventh periodic report of Poland, 23 November 2016, para. 33.
Amendment 150 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Recalls that in its resolution of 14 September 2016, Parliament has expressed its concern about already adopted and newly suggested changes to Polish media law; repeats its call on the Commission to carry out an assessment of the legislation adopted as regards its compatibility with Union Law, in particular, regarding the with Article 11 of the Charter of Fundamental Rights and Union legislation on public media;
Amendment 151 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Recalls that, in its resolution of 16 January 2020, Parliament has called on the Council to address in the hearings under Article 7(1) of the TEU any new developments in the field of freedom of expression, including media freedom; condemns cases of censoring content by the public broadcasters in Poland;
Amendment 227 #
2017/0360R(NLE)
46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, the banning of and inadequate protection against attacks on Pride marches and awareness-raising programmes, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and called on the Commission to strongly condemn such public discrimination;
Amendment 234 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Notes that the lack of independence of the judiciary in Poland has already started affecting mutual trust between Poland and other Member States, especially in the field of judicial cooperation in criminal matters, given that national courts have refused to or hesitated to release Polish suspects under the European Arrest Warrant (EAW) procedure due to profound doubts about the independence of the Polish judiciary; points out that mutual trust between the Member States can be restored only once respect for the values enshrined in Article 2 TEU is ensured;
Amendment 252 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Calls on the Commission to make full use of the tools available to it, to address a clear risk of a serious breach by Poland of the values on which the Union is founded, in particular expedited infringement procedures and applications for interim measures before the CJEU, as well as budgetary tools; strongly supports the Commission’s approach on inclusion of rule of law conditionality in the future Multiannual Financial Framework; calls on the Commission to continue to keep Parliament regularly informed and closely involved;
Amendment 118 #
2016/2314(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the progress made in implementing the various agreements signed since August 2016 in the normalisation process with Serbia, after months of little to no progress; calls on both Kosovo and Serbia to show more engagement and sustained political will as regards the normalisation of relations and recalls that this is a condition for accession to the EU; emphasises that good neighbourly relations with all Western Balkan countries are important; takes note of some progress on other technical issues such as cadastre, university diplomas and licence plates and on the implementation of the agreement on the Mitrovica Bridge; welcomes the allocation of an independent international telephone code to Kosovo; reiterates its call on the European External Action Service to carry out an evaluation of the performance of the sides in fulfilling their obligations;
Amendment 152 #
2016/2314(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Regrets that civil society is not consulted at a regular basis in the decision-making process; urges the need for further empowering civil society and calls for showing political will to engage with civil society by implementing the minimum standards for public consultation;
Amendment 203 #
2016/2314(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on Kosovo to further efforts to stop gender-based violence and to ensure women’s full enjoyments of rights; calls on Kosovo institutions to allocate adequate funding to the implementation of the national strategy on domestic violence, which includes international mechanisms such as the Istanbul Convention; welcomes the high-level political support for the rights of LGBTI persons; welcomes the holding of the second pride parade, but reiterates that fear remains widespread in the LGBTI community; expresses concerns about the challenging situation of Roma communities and calls for inclusive measures to be implemented;
Amendment 65 #
2016/2312(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Commends the consensual adoption of the constitutional amendments for judicial reform and the adoption of laws on the institutional reorganisation of the judiciary and the exclusion of criminal offenders from public office; calls for the swift adoption and implementation of all relevant accompanying laws and by-laws, in particular the law on the re-evaluation (vetting) of judges, prosecutors and legal advisors; notes that the application of the vetting law has been suspended by the Constitutional Court, and that the latter has requested the opinion of the Venice Commission on its constitutionality; reiterates that a comprehensive judicial reform is a major demand by Albania’s citizens for re-establishing trust in their political representatives and public institutions, and that the credibility and effectiveness of the overall reform process, including the fight against corruption and organised crime, depend on the success of the vetting process and the implementation of the judicial reform;
Amendment 93 #
2016/2312(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the efforts towards a more citizen-friendly public administration and steady progress in the implementation of public administration reform; calls for further progress in strengthening the application of the Civil Service Law and the Law on Administrative Procedures, in order to safeguard the independence of regulatory bodies, improve recruitment procedures based on merit and performance, and enhance institutional and human resource capacities, with a view to ensuringconsolidate achievements towards a depoliticized and professional public administration, which would also enable an efficient conduct of EU accession negotiations; commends the National Council for European Integration on its initiatives to enhance the capacities of public administration and civil society in monitoring the implementation of accession-related reforms;
Amendment 116 #
2016/2312(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the continued implementation of the strategy and action plan on the fight against organised crime and intensified international police cooperation; welcomes recent operations against drug plantations; calls also for organised crime networks to be dismantled and for the number of final convictions in organised crime cases to be increased, by enhancing cooperation between police and prosecution services and by strengthening institutional and operational capacities; is concerned that the track record of freezing and confiscating illegally acquired assets remains very low; underlines the need to step up efforts to prevent human trafficking, in particular as regards unaccompanied children and child victims of trafficking;
Amendment 141 #
2016/2312(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. UStresses that the enforcement of human rights protection mechanism needs to be strengthened; urges the competent authorities to continue improving the climate of inclusion and tolerance for all minorities in the country, including by enhancing the role of the State Committee on Minorities; as regards Roma and Egyptians, calls for continued efforts in improving their access to employment, education, health, social housing and legal aid; is concerned that, despite improvements, the inclusion of Roma children in the education system remains the lowest in the region;
Amendment 155 #
2016/2312(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Deplores the high number of family violence against women and girls and calls upon the government to protect the rights of vulnerable groups and to take appropriate measures;
Amendment 158 #
2016/2312(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Takes note of the improvement of the protection of the rights of LGBTI and encourages the government to continue to further implement measures of the programme that Albania will follow until 2020;
Amendment 203 #
2016/2312(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that the number of unfounded asylum applications lodged by Albanians in EU Member States remains high and has increased again; urges the government to take determined action, including by intensifying awareness-raising and prevention efforts in this regard;
Amendment 52 #
2016/2311(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the continued engagement of Serbia on the path of integration into the EU and its constructive and well-prepared approach to the negotiations, which is a clear sign of determination and political will; calls on Serbia to actively promote this strategic decision among the Serbian population; notes improvement in dialogues and public consultations with all relevant stakeholders and civil societies for full transparency of the EU negotiations; invites Serbian authorities to refrain from anti-EU rhetoric, especially to cases connected to EU facilitated dialogue for the normalization of relations between Belgrade and Pristina and chapter 35 negotiations; calls on Serbia to enable the EU Delegation and the Head of the EU Delegation unrestricted access to all state institutions, including the National Assembly;
Amendment 88 #
2016/2311(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the conduct of the parliamentary elections on 24 April 2016 which were assessed positively by the international observers; calls on the authorities to fully address the recommendations of the OSCE/ODIHR election observation mission; particularly with regard to rules on candidate registration, measures against the misuse of administrative resources for campaigning, regulation of campaign finance, dispute resolution and voter lists displayed for public scrutiny;
Amendment 92 #
2016/2311(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes with concern the lack of transparency in the financing of political parties and election campaigns; stresses that the funding of political parties needs to be transparent and in accordance with the highest international standards;
Amendment 102 #
2016/2311(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on Serbia to align its foreign and security policy with that of the EU, including its policy on Russia; welcomes Serbia’s important contribution to and continued participation in international peacekeeping operations; regrets that on the common commercial policy no progress was made on Serbia's accession to the World Trade Organisation (WTO);
Amendment 141 #
2016/2311(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is concerned by the lack of progress in the fight against corruption and urges Serbia to show clear commitment in tackling this issue; calls on Serbia to step up the implementation of the national anti- corruption strategy and action plan, and calls for the establishment of an initial track record on investigations, prosecutions and convictions for high-level corruption; calls on Serbia to swiftly adopt a new law on the Anti-Corruption Agency in order to improve the planning, coordination and monitoring of the implementation of new legislation and policies; urges Serbia to amend and implement the economic and corruption crimes section of the criminal code with a view to providing a credible and predictable criminal law framework; is concerned about repeated leaks to the media about on-going investigations; calls on Serbian authorities to seriously investigate several high-profile cases where evidence of alleged wrongdoing has been presented by journalists;
Amendment 188 #
2016/2311(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates the importance of independent regulatory bodies, including the Ombudsman, the State Audit Institution, the Anti-Corruption Agency and the Anti-Corruption Council, in ensuring oversight and accountability of the executive; calls on the authorities to provide the Ombudsman with full political and administrative support for his work; calls on the government to fully protect the independence of these offices and to ensure proper follow-up of their recommendations;
Amendment 208 #
2016/2311(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that the legislative and institutional framework for observance of international human rights law is in place; stresses that consistent implementation across the whole country is needed; notes that further sustained efforts are needed to improve the situation of persons belonging to vulnerable groups, including Roma, persons with disabilities, persons with HIV/AIDS and LGBTI persons;
Amendment 214 #
2016/2311(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reiterates its concern that no progress has been made to improve the situation regarding freedom of expression and of the media; stresses that threats, violence and intimidation against journalists remain an issue of concern; stresses that the government must refrain from hostile rhetoric towards critical and investigative media and must do everything in its power to defend the freedom of media and protect journalists; notes that self-censorship is a worsening phenomenon that journalists attribute to concerns about both harassment and economic pressures; calls on the authorities to investigate any cases of attacks against journalists and media outlets; calls for the full implementation of media laws; underlines the need for complete transparency in media ownership and funding of media;
Amendment 217 #
2016/2311(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reiterates its concern that no progress has been made to improve the situation regarding freedom of expression and of the media; stresses that threats, violence and intimidation against journalists remain an issue of concern; calls on the authorities to investigate any cases of attacks against journalists and media outlets; calls for the full implementation of media laws; underlines the need for complete transparency in media ownership and funding of media; expresses its concerns about the continuing discrimination of women at the labour market; calls for the implementation of the national strategy for gender equality 2016-2020 and a sustainable institutional set-up for promoting gender equality;
Amendment 82 #
2016/2310(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the respect for fundamental freedoms shown at the elections of 11 December 2016; urges all political parties to accept its results in the interest of domestic stability and underlines their responsibility to ensure that there is no backsliding into political crisis; calls for a swift formation of a new government in order to make use of the mandate to carry on with necessary reforms and expect the President to play a neutral role in this process; considers cross- party cooperation essential for addressing pressing domestic and EU-related challenges;
Amendment 222 #
2016/2310(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is concerned over freedom of expression and the media, the use of hate speech, political interference and pressure, including through government advertising; reiterates its call for objective and accurate reporting and a variety of viewpoints through the mainstream media, particularly the public service broadcaster; calls on the government to ensure that intimidation or violence against journalists is investigated and that those responsible be brought to justice; underlines the need for the sustainability and autonomy of the public service broadcast;
Amendment 269 #
2016/2310(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Commends the country for conRemains concerned about the imposed restruictive cooperation in addressing the migration crisions on the borders regarding refugee entry and limiting the numbers able to cross; recommends further actions to ensure capacities to combat human trafficking and, to prevent migrant smuggling and to improve its asylum system;
Amendment 35 #
2016/2309(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the continued steady progress in the accession negotiations, noting that so far 26 chapters have been opened for negotiations and 2 chapters have been provisionally closed; believes, however, that the pace of reforms could be accelerated; encourages Montenegro to work on meeting all benchmarks and to continue focusing on the fundamentals of the accession process; recalls that it is essential to deliver concrete results with a strong implementation record;
Amendment 65 #
2016/2309(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the alleged attempts by Russia to influence developments in Montenegro; is concerned about the serious incidents that occurred on 16 October 2016, and calls on the Vice-President of the European Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), and on the Commission, to follow closely ongoing investigations by the competent authorities; considers it important that relevant services of the Member States share information pertaining to these incidents among themselves and with the VP/HR and the Commission;
Amendment 73 #
2016/2309(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Continues to be deeply concerned about the polarised domestic climate, the long term dominant role of the ruling party, and the boycott of parliamentary activities by members of the opposition; urges again all political forces to re-engage in constructive cooperation within the Montenegrin parliament; calls for further reinforcement of the parliament’s scrutiny of the accession process and capacity for budget oversight; insists repeatedly on the need for a due follow-up on the ‘audio- recording affair’;
Amendment 129 #
2016/2309(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Remains concerned about continued gender-based violence, the lack of prosecutions and the inefficient support to, and protection of, victims; calls for measures to establish adequate protection services, enhance relevant inter- institutional coordination, make effective use of the new unified database of cases of domestic violence, and implement the 2016-2020 strategy on combating domestic violence; stresses the importance of encouraging women’s representation in politics, as well as their access to the labour market; notes the continued implementation of the 2013-2017 action plan on gender equalitycalls for the development of public policy which helps to balance work and family relations in order to decrease gender gaps;
Amendment 145 #
2016/2309(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Remains concerned about the state of media freedom in Montenegro and the lack of effective investigations by the government into attacks on journalists; urges again the competent authorities to resolve the long-pending cases of violence against, intimidation of and threats made to journalists, to take measures to protect media professionals and to create a safe environment for free journalism; insists on transparent state advertising in private media, on the amendment of the Montenegrin criminal code and on the introduction of new criminal offenses aimed at preventing and punishing attacks on journalists discharging their professional duties; acknowledges the legal measures taken to provide greater financial independence and sustainability for the public service broadcaster RTCG, and calls for further steps to ensure its independence, including editorial independence;
Amendment 195 #
2016/2309(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 361 #
2016/2308(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Firmly believes that there can be no military solution to the conflict in Syria and that only a credible political solution will ensure the stability of Syria and enable a decisive defeat of Da'esh and other UN-designated terrorist groups in Syria; reaffirms the primacy of the UN- led Geneva process; recognizes the efforts made in the Astana meetings to re- establish a full cessation of hostilities and the establishment of the trilateral mechanism to observe and ensure full compliance with the ceasefire; urges all guarantors, including Turkey, to live up to their commitments to ensure the full implementation of the ceasefire and to make progress in securing full unhindered country-wide humanitarian access, the lifting of sieges and the release of all arbitrarily detained persons, especially women and children, in line with UNSCR 2268;
Amendment 66 #
2016/2239(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the urgent need for the international community to step up its efforts in monitoring and responding to any conflict or potential conflict that might lead to any act that could be considered an atrocity crime; stresses that addressing the root causes of violence and conflict is crucial to prevent genocide and crimes against humanity;
Amendment 175 #
2016/2239(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Emphasises that the EU and its Member States should support the prosecution of ‘ISIS/Daesh’ by the ICC by seeking a consensus within the UN Security Council to confer jurisdiction to the ICC on this, as Syria and Iraq are not parties to the Rome Statue and therefore the Court has no territorial jurisdiction over crimes committed on their soil; calls on the EU Member States to investigate and prosecute nationals of theirs who have committed atrocity crimes in Iraq and Syria, or to refer them to the ICC; underlines that, alternatively, the EU should explore and support at international level all options to prosecute ‘ISIS/Daesh’ crimes, including by means of the establishment of an International Criminal Tribunal for Iraq and Syria;
Amendment 185 #
2016/2239(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes thatReiterates that investigating and prosecuting ‘ISIS/Daesh’ members in the Member States can only be a complementary solution to international justice;is in first instance the primary responsibility of national authorities, as emphasized in the Rome Statute.
Amendment 118 #
2016/2228(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the joint communication as a positive step towards an integrated EU policy on Arctic matters, identifying 39 specific areas of action, and towards developing a more coherent framework for EU action; stresses the need for more coherence between the EU’s internal and external policies as regards Arctic matters; reiterates its call for a comprehensive strategy and a concretised action plan on the EU’s engagement in the Arctic, wherein preserving the vulnerable ecosystem of the Artic should be the starting point;
Amendment 172 #
2016/2228(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 208 #
2016/2228(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 258 #
2016/2228(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. NotesIs concerned about the increase in the stationing of Russian military forces in the region, the building and reopening of bases and the creation of an Arctic military district of Russia;
Amendment 157 #
2016/2225(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Is concerned about the collection and use of personal data by large social media platforms in combination with the use of algorithms that determine what news is being consumed by its users and the impact this has on the political process, in particular on the concept of free and fair elections; underlines that a large market share of those social media platforms must go hand in hand with a large responsibility in protecting the freedom of opinion, which could be jeopardized by the influence of algorithms determining the news consumption of the users of social media platforms;
Amendment 177 #
2016/2225(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages all law enforcement actors that use data processing and analytics to ensure appropriate human intervention throughout the various stages of the processing and analysis of data, especially when decisions may carry high risks for individuals; underlines that the collection of personal data for law enforcement purposes must always be proportionate and that purpose and necessity for the collection of this data must be clearly proven;
Amendment 198 #
2016/2225(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the absolute need to protect law enforcement databases from data loss and theft, infection by malware and unauthorised access to data by non- authorised persons; believes that tackling such concerns requires genuine, concerted cooperation between law enforcement authorities and independent supervisory authorities; highlights that accountability must be clear in case of grave neglect or unlawful behaviour by law enforcement staff leading to data loss and theft, infection by malware and unauthorised access to data by non-authorised persons;
Amendment 173 #
2016/2219(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses its serious concern that the promotion and protection of human rights and democratic values are under threat worldwide, that the universality of human rights is increasingly, and seriously, being challenged by a number ofin many parts of the world, including under authoritarian regimes;
Amendment 219 #
2016/2219(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. CIs deeply concerned that a growing number of human right defenders is under attack nowadays; calls on the EU to denounce, systematically and unequivocally, the killings of human rights defenders, and to step up its public diplomacy in open and clear support of human rights defenders, also when it comes to their testimony in multilateral fora;
Amendment 343 #
2016/2219(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Condemns the dramatic number of deaths at sea in the Mediterranean; is extremely concerned about the growing numbers of human rights abuses against migrants and asylum seekers both on their route to Europethe EU as well as within the EU; highlights the weaknesses and systematic incoherence of the policies of the EU and the Member States in this area and stresses the need for a holistic approach to find long-term solutions;
Amendment 439 #
2016/2219(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Highlights the dramatic situation of internally displaced persons (IDPs), especially of the enormous number of IDPs in Iraq and Syria, Syria and Ukraine; stresses that programmes on refugees in a region needs to acknowledge and incorporate the potential fate of IDPs as well; calls on the Commission, the Member States and the international community to take steps to improve their situation on the ground;
Amendment 25 #
2016/2060(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the need for gender mainstreaming as a strategy towards realising gender equality and positive action in the National Action Plans of the European Neighbourhood Policy;
Amendment 40 #
2016/2060(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Encourages the development of a social economy for women and the use of microcredits as a tool for economic independence; Stresses the need to provide guidance and clarification to women on how macroeconomic policies can support their rights.
Amendment 271 #
2016/2052(INI)
Motion for a resolution
Paragraph 16 – indent 3
Paragraph 16 – indent 3
- support for the placing of multinational battalions in the Member States on the eastern flank by NATO;
Amendment 276 #
2016/2036(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that the security of EU Member States is undividable and that in line with Article 42(7) TEU all Member States must enjoy the same level of security; believes it is crucial to strengthen the European security architecture, which is based on the Helsinki Final Act of 1975 and which has been severely damaged by Russia’s illegal military interventions in Crimea and eastern Ukraineits four 'baskets'; security, economic cooperation and human rights;
Amendment 293 #
2016/2036(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes the view that it is time to define a new, more realistic strategy for the EU’s relations with Russia, based on credible deterrence but also on dialogue in areas of common interest; stresses that sanctions have proven to be the most effective means for deterringwere needed as a reaction to Russian aggression; recalls that the full implementation of the Minsk agreement is a prerequisite for the suspension of sanctions; insists that the EU should consider imposing further sanctions in case Russia continues to violate international law; believes it is in the common interest of the EU and Russia to achieve a better relationship, provided international law is applied;
Amendment 329 #
2016/2036(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the EU to step up its cooperation with its Eastern partners in order to strengthen their democratic institutions, resilience and independence;
Amendment 383 #
2016/2036(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Underlines also the need to intensify the fight against Islamist terrorism, which mainly affects ever larger parts of the Middle East and North Africa and has also been creepingmanifested into Europe; urges the EU to undertake concerted diplomatic efforts, together with the US and other international allies, to convince partners in the region, such as Turkey, Saudi Arabia and Iran, of the need for a common strategy towards this global challenge;
Amendment 403 #
2016/2036(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Highlights the importance of finding a sustainable solution to the conflict in Syria; supports the UN-led efforts to facilitate negotiations between all parties to the Syrian conflict on an inclusive political settlement; calls on the EU to use its leverage over key actors such as Iran, Saudi Arabia and Russia to ensure that they take a constructive position; emphasises that the use of sanctions should be considered in case some of the actors involved do not deliver on their commitmentsmust be applied against all those individuals and entities involved in crimes against humanity in Syria;
Amendment 424 #
2016/2036(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recognises Turkey’s role as an important partner in solving the Syrian conflict and the fight against Da’esh; strongly condemns the attempted military coup against the democratically elected government of Turkey; encourages the Turkish government to protect the constitutional order, while underlining the importance of respect for the rule of law and independence of the judiciary in the aftermath of the coup, in cooperation withline with its commitments as a member of the Council of Europe;
Amendment 29 #
2016/2031(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that modernising, balancing and widening the CU to include services, public procurement and agriculture would involve benefits for both parties; and is one of the instruments to keep Turkey anchored to the EU;
Amendment 34 #
2016/2031(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Stresses that respect for fundamental rights and the rule of law is not only important for Turkish citizens, but also for businesses and investors;
Amendment 36 #
2016/2031(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that, according to the World Bank report on the EU-Turkey customs union, Turkey’s exports to the European Union contribute most to employment creation in the country, which, in addition to Turkish citizens, also has a considerable impact on refugees from conflict areas allowed to work in the country;
Amendment 119 #
2016/2009(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas respecting the rule of law is a prerequisite for the protection of fundamental rights and is of particular importance within the EU since it is also a prerequisite for upholding all rights and obligations deriving from the Treaties and from international law;
Amendment 123 #
2016/2009(INI)
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-Ab. whereas, under Article 6 TEU, the EU has a responsibility to uphold and enforce fundamental rights in any action it takes, regardless of its powers in the area concerned;
Amendment 124 #
2016/2009(INI)
Motion for a resolution
Recital -A c (new)
Recital -A c (new)
-Ac. whereas the way the rule of law is implemented at national level plays a key role in ensuring mutual trust among Member States and their legal systems, hence it is of vital importance to establish an area of freedom, security and justice as described in Title V of the Treaty on the Functioning of the European Union (TFEU);
Amendment 125 #
2016/2009(INI)
Motion for a resolution
Recital -A d (new)
Recital -A d (new)
-Ad. whereas many fundamental rights violations still occur in the EU and in Member States, as pointed out in reports by the Commission, the FRA, NGOs, the Council of Europe and the UN; such as the violations of the right to freedom of assembly and expression of civil society organisations, freedom of media, the institutional discrimination of LGBTI persons through marriage bans and anti- propaganda legislation, and the remaining high-levels of discrimination and hate crime and hate speech motivated by racism, xenophobia, religious intolerance, or by bias against a person's disability, sexual orientation or gender identity;
Amendment 126 #
2016/2009(INI)
Motion for a resolution
Recital -A e (new)
Recital -A e (new)
-Ae. whereas it is essential that in all measures undertaken by the Member States and the EU in the fight against terrorism and radicalisation fundamental rights and civil liberties are respected, namely the right to private life, the right to security, the right to data protection, the presumption of innocence, the right to a fair trial and due process, freedom of expression and freedom of religion; whereas the security of European citizens must preserve their rights and liberties; whereas, indeed, these two principles are two sides of the same coin;
Amendment 128 #
2016/2009(INI)
Motion for a resolution
Recital -A g (new)
Recital -A g (new)
-Ag. whereas facing today's challenges it is vital to uphold the EU's common values of democracy, fundamental rights and the rule of law;
Amendment 129 #
2016/2009(INI)
Motion for a resolution
Recital A
Recital A
A. whereas migration is an unavoidable partthe right to asylum is guaranteed under the 1951 Convention ofn the EU’s future and one of the biggest challenges of our times, as it appeals to the EU’s international humanitarian responsibilities and forms a key element for demographic reasons; Status of Refugees (Geneva Convention) and the protocol of 31 January 1967, as well as by the Charter and the EU has clear international humanitarian responsibilities; whereas migration is a part of the EU's future and one of the challenges of our times and requires a forward-looking solution both in terms of the short- and medium-term crisis management and long-term policies for integration and social inclusion;
Amendment 141 #
2016/2009(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas ensuring the right to a fair trial is an integral part of the Asylum Procedures Directive, including the right to an effective remedy;
Amendment 143 #
2016/2009(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the right to interpretation and translation laid down in Directive 2010/64/EU is a right for all, including asylum-seekers;
Amendment 146 #
2016/2009(INI)
Motion for a resolution
Recital B
Recital B
B. whereas acts of terrorism constitute one of the most serious violations of fundamental rights and freedoms; whereas it is necessary to have adequate tools in place to protect EU citizens and residents and to respond properly to such violations; whereas all security measures must respect fundamental rights and the rule of law, and comply with the principles of necessity, proportionality and legality, with appropriate safeguards to ensure accountability and judicial redress; whereas full compliance of security measures with fundamental rights is laid down among the principles of the European Agenda for Security;
Amendment 163 #
2016/2009(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas EU and Member State responses to extremism must not lead to the stigmatisation of any group or community, including religious communities, but rather draw on common European values of tolerance, diversity and mutual respect;
Amendment 164 #
2016/2009(INI)
Motion for a resolution
Recital B e (new)
Recital B e (new)
Be. whereas the best way to address root causes of extremism is through education, youth participation, interfaith and intercultural dialogue, and employment and social inclusion;
Amendment 182 #
2016/2009(INI)
Motion for a resolution
Recital D g (new)
Recital D g (new)
Dg. whereas media pluralism, including media independence, media regulation and journalistic freedom are essential parts of freedom of speech;
Amendment 188 #
2016/2009(INI)
Motion for a resolution
Recital E
Recital E
E. whereas discrimination, racism, xenophobia, hate speech and hate crime motivated by racism, xenophobia, or bias against a person's religion or belief, age, disability, sexual orientation or gender identity threaten the values of the EU and its Member States; whereas there is an increase in hate speech among political forces and increasing xenophobia and other bias in important sectors of the population; whereas fighting discrimination, racism and xenophobia is crucial to respect European values of tolerance, diversity and mutual respect;
Amendment 195 #
2016/2009(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the prevention and combating of racism and xenophobia is primarily a local endeavour and requires full ownership both of the communities concerned and of society at large;
Amendment 207 #
2016/2009(INI)
Motion for a resolution
Recital G
Recital G
G. whereas violence against womengender-based violence is still often ‘silently’ tolerated in many places and a zero tolerance approach is necessary;
Amendment 216 #
2016/2009(INI)
Motion for a resolution
Recital H
Recital H
H. whereas children are the future of our society and we are responsible for their present; whereas education is one of the best ways to impart values such as peace, tolerance, equality, justice and respect for human drignityhts via formal, non-formal and informal education methods;
Amendment 235 #
2016/2009(INI)
Motion for a resolution
Recital M
Recital M
Amendment 251 #
2016/2009(INI)
Motion for a resolution
Recital O
Recital O
O. whereas many persons of Roma origin in Europe faceRoma people in Europe, individually and as a group, face antigypsyism, systematic prejudice, intolerance, discrimination and social exclusion in their daily lives; whereas segregation of Roma children in schooling remains a persistent problem in some Member States;
Amendment 257 #
2016/2009(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas freedom to operate for civil society groups are central to democracy, the rule of law and fundamental rights; whereas this freedom has been jeopardised by the adoption of laws or by direct intervention by the authorities in a number of Member States;
Amendment 295 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates that the reintroduction of the death penalty is contrary to the EU’s fundamental values;
Amendment 296 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reiterates that Member States shall respect and protect the human dignity of all migrants, including in relation to border management and asylum procedures; calls on the Commission and Member States to reinforce cooperation and resources to save lives of migrants at sea in accordance with the respect of the right to life; welcomes the fact that the recently adopted European Border and Coast Guard proposal foresees a specific mandate for the Agency to support search and rescue operations; recalls that rules related to asylum seekers’ and refugees’ reception conditions must not deprive them of their fundamental rights to a dignified standard of living and to physical and mental health;
Amendment 310 #
2016/2009(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Rule of law, democracy and fundamental rights
Amendment 311 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Notes that it is essential to guarantee that the common European values listed in Article 2 TEU are upheld in full in both European and national legislation, public policies and their implementation;
Amendment 312 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Calls on the Commission to make provisions for an annual policy cycle that monitors its application, taking account of the results of annual and specific reports from the institutions of the European Union, like the Commission and FRA, the Council of Europe, the United Nations and civil society organisations, and contribute towards improving coordination between those involved and the drafting of policies on the basis of greater transparency and dialogue;
Amendment 314 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 h (new)
Paragraph 1 h (new)
1h. Urges the Commission to provide clear indicators in order to assess the enforcement and respect of fundamental rights, and to trigger alert mechanisms in the case of violations. Such indicators could take the form of a fundamental rights scoreboard, possibly as an extension of the scope of the EU Justice Scoreboard, which should also cover the assessment of criminal justice systems; indicators should include clear data collection mechanisms, including equality data collection disaggregated according to the different discrimination grounds;
Amendment 326 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 p (new)
Paragraph 1 p (new)
1p. Reiterates the importance of effective and early identification of, safeguards and adequate assistance to vulnerable groups of asylum seekers, including unaccompanied minors, victims of trauma or torture, gender or sexual orientation related persecution, serious human right violations and victims of trafficking in the reception, asylum and integration processes; urges Member States, EU Institutions and Agencies to develop effective measures to protect these vulnerable groups; urges Member States to provide them with prompt access to adapted reception conditions and the provision of procedural guarantees; calls on the Commission to monitor closely the implementation of Directive 2013/32/EU on Asylum Qualification, with particular attention to those asylum seekers with special needs;
Amendment 333 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 t (new)
Paragraph 1 t (new)
1t. Calls on the Member States to ensure that women victims of gender- based persecution or harm, torture, rape, or other serious forms of psychological, physical or sexual violence have genuine access to international protection and to provide them with appropriate treatment and support, in line with internal rules and international obligations applicable to victims of violence such as the UN Convention against torture and the Istanbul Convention; calls on the Member States to follow the Commission guidelines for the implementation of Directive 2003/86/EC on the right to family reunification, including the immediate issue of a residence permit valid in its own right to family members who have entered for reasons of family reunification when there are particularly difficult circumstances, such as domestic violence;
Amendment 334 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 u (new)
Paragraph 1 u (new)
1u. Recalls that the right to a fair trial is an integral part of the Asylum Procedures Directive, including the right to an effective remedy; calls on Member States to observe this right and provide for all procedural guarantees and access to justice for asylum-seekers; recalls that the right to interpretation and translation in criminal proceedings is regulated by the Directive on the right to interpretation and translation in criminal proceedings (Directive 2010/64/EU)); calls on Member States to respect procedural guarantees also in case of asylum-seekers;
Amendment 337 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 x (new)
Paragraph 1 x (new)
1x. Urges Member States to ensure that the complexity of LGBTI-related claims are properly taken into account in procedures based on the concept of safe third country, the concept of safe country of origin, the concept of first country of asylum or the notion of subsequent applications, including a thorough assessment taking into account the general situation of LGBTI persons in the third countries concerned;
Amendment 388 #
2016/2009(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates that intercultural and inter-religious tolerance needs to be promoted via constant efforts and extensive dialogue and that the crisis arising from the waves of migration cannot be tackled without the involvement of all relevant state and non-state actors, including churches and religious organisations;
Amendment 521 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Condemns violence and threats against journalists that still occur in several Member States; calls on Member States to diligently prosecute any threats to the freedom of media;
Amendment 527 #
2016/2009(INI)
Motion for a resolution
Subheading 5
Subheading 5
Amendment 542 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 j (new)
Paragraph 12 j (new)
12j. Calls on the Commission and Member States to intensify work on exchanging best practices and strengthen their cooperation to combat racism, xenophobia, homophobia, transphobia and other forms of intolerance, with full inclusion of civil society and community representative input, as well as guidance provided by the Fundamental Rights Agency and the relevant international organisations;
Amendment 544 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 k (new)
Paragraph 12 k (new)
12k. Calls on the EU and Member States to address internal human rights challenges, including discrimination against LGBTI people, and ensure that any discrimination based on sexual orientation or gender identity is prohibited, not only in the field of employment but also in all sectors of civil rights such as education, social security, health care, access to goods and services (including finance), housing, public procurement, business support, access to culture; calls on the Commission to start a dialogue with those Member States whose legislation does not cover homophobic and transphobic hate motives, aimed at filling the remaining legislative gaps;
Amendment 569 #
2016/2009(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Deplores that ethnic minorities continue to face widespread discrimination in law enforcement and judicial system as well as over-policing practices such as ethnic profiling and unequal treatment;
Amendment 617 #
Amendment 671 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on Member States to ensure respect for and safeguarding of women's sexual and reproductive health and rights; insists on the role of the Union in awareness-raising and promoting best practices on this issue, given that health is a fundamental human right essential to the exercise of other human rights; urges the Commission to include sexual and reproductive health and rights, as basic human rights, in its EU Health Strategy in order to ensure coherence between the EU's internal and external fundamental rights policy as called for by Parliament on 10 March 2015;
Amendment 683 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Recognises that the denial of a life-saving abortion amounts to a serious breach of fundamental rights;
Amendment 689 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 g (new)
Paragraph 18 g (new)
18 g. Regrets that LGBTI persons experience widespread bullying and harassment that starts already at school, and suffer discrimination at work, housing, social services and access to other goods and services;
Amendment 694 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 l (new)
Paragraph 18 l (new)
18 l. Considers that the fundamental rights of LGBTI persons are more likely to be safeguarded if they have access to legal institutions such as cohabitation, registered partnership or marriage; welcomes the fact that 18 Member States currently offer these options, and calls on other Member States to consider doing so;
Amendment 701 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 s (new)
Paragraph 18 s (new)
18 s. Calls on the Council to finally de- block the negotiations and adopt the proposed Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (Equal Treatment Directive);
Amendment 767 #
2016/2009(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Calls on the Member States to fully implement the asylum package and register children upon their arrival in order to ensure their inclusion in child protection systems; calls on the Member States to increase information sharing in order to better protect migrant children in Europe;
Amendment 782 #
2016/2009(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Highlights that traditional national minorities who have been living together with or alongside traditional majority cultures for centuries in Europe are facing the negative consequences of the migration crisis, i.e. mistrust towards non- majority autochthonous minorities; believes that the solution to this problem lies in the establishment of minimum standards on protecting the rights of traditional minorities, as preserving European heritage gives added value to diversitytheir cultural heritage;
Amendment 824 #
2016/2009(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Calls on the Council to urgently adopt the 2008 proposal for a Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation;
Amendment 881 #
2016/2009(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Denounces the persistent and widespread discrimination against Roma in all EU Member States as the root cause of the deprived living conditions and socio-economic exclusion in which many of them still live today; urges the Commission to take action against those Member States that promote or allow institutionalised discrimination and segregation, especially in education and housing; calls on the Commission to mainstream the monitoring of discrimination practices in all areas, especially education, employment, housing and healthcare;
Amendment 882 #
2016/2009(INI)
Motion for a resolution
Paragraph 39 b (new)
Paragraph 39 b (new)
39 b. Regrets that Roma people still face antigypsyism, systematic and also institutional racism; calls on Member States to come up with a roadmap to tackle institutional racism among their authorities;
Amendment 900 #
2016/2009(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Condemns the existing practice of segregation of Roma pupils in schools; supports the Commission's efforts to challenge this practices; recalls that several Member States are under infringement procedure because of segregation of Roma children in schools; and calls on Member States to take effective steps to eliminate school segregation and to come up with detailed plans on integration measures for Roma children;
Amendment 253 #
2016/0225(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
For the purposes of this Regulation 'resettlement' means the admission of third- country nationals and stateless persons in need of international protection from a third country to which or within which they have been displaced to the territory of the Member States with a view to granting them international protection upon referral from UNHCR or Member States.
Amendment 273 #
2016/0225(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) contribute to the reduction of the risk of a large-scale irregular inflow ofneed for third-country nationals and stateless persons in need of international protection to travel irregularly to the territory of the Member States;
Amendment 276 #
2016/0225(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) contribute to international resettlement initiatives, thereby increasing the overall number of resettlement places available in the Member States.
Amendment 279 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
In determining the regions or third countries from which resettlement shall occur within the Union Resettlement Framework, in accordance with the implementingdelegated acts referred to in Articles 7 and 8, the following factors shall be taken into consideration:
Amendment 284 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the number of persons in need of international protection displaced to or within a third country and any onward movement of those persons to the territory of the Member Stateseligible for resettlement as indicated by the UNHCR;
Amendment 285 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) The number of vulnerable third- country nationals or stateless persons who are in need of international protection, especially those in protracted refugee situations;
Amendment 287 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 294 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
Amendment 303 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – introductory part
Article 4 – paragraph 1 – point d – introductory part
(d) a third country's effective cooperation with the Union in the area of migration and asylum, including:regions hosting protracted refugee situations.
Amendment 305 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point i
Article 4 – paragraph 1 – point d – point i
Amendment 309 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point ii
Article 4 – paragraph 1 – point d – point ii
Amendment 311 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point iii
Article 4 – paragraph 1 – point d – point iii
Amendment 312 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point iv
Article 4 – paragraph 1 – point d – point iv
Amendment 315 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 326 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii
Article 5 – paragraph 1 – point a – point ii
(ii) third-country nationals, who are outside the country of nationality or the part of that country in which they formerly habitually resided, or stateless persons, who are outside of the country of former habitual residence or of the part of that country in which they formerly habitually resided, and in respect of whom substantial grounds have been shown for believing that they, if returned to or staying in their country of origin or former habitual residence, would face a real risk of suffering serious harm, and are unable, or, owing to such risk, are unwilling to avail themselves of the protection of that country;
Amendment 330 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii – point i (new)
Article 5 – paragraph 1 – point a – point ii – point i (new)
(i) third-country nationals or stateless persons with a right to international protection who are outside the country of nationality and are not able to integrate in the host country or to return to the country of nationality and for whom no durable solutions are available, especially those in protracted refugee situations;
Amendment 346 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 6
Article 5 – paragraph 1 – point b – point i – indent 6
Amendment 352 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – introductory part
Article 5 – paragraph 1 – point b – point ii – introductory part
(ii) family members of third-country nationals or stateless persons or Union citizens legally residing in a Member State, only if other legal alternatives, such as family reunification under Council Directive 2003/86/EC, do not apply:
Amendment 387 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) persons for whom there are reasonable grounds for considering that they are a danger to the community, public policy, security, or public health or the international relations of the Member State examining the resettlement file, including where a second Member State has required the Member State examining the resettlement file to consult that second Member State during the examination in relation to specific third- country nationals or stateless persons or specific categories of third-country nationals or stateless persons, that second Member State has justifiably objected to their resettlement on these grounds, stipulated in a reasoned opinion;
Amendment 393 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 405 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f – paragraph 1
Article 6 – paragraph 1 – point f – paragraph 1
Amendment 415 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Third-country nationals or stateless persons may be excluded from targeted Union resettlement schemes established in accordance with Article 8, where one of the grounds for exclusion referred to in points (a) or (b) of paragraph 1 applies prima facie.
Amendment 428 #
2016/0225(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the maxinimum totalarget number of persons to be resettled to the Member States in total;
Amendment 439 #
2016/0225(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission shall adopt implementing actsdelegated acts in accordance with Article 14, supplementing this Regulation, in order to establishing targeted Union resettlement schemes consistent with the annual Union resettlement plan adopted pursuant to Article 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2), in accordance with paragraph 2.
Amendment 444 #
2016/0225(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the precise number of persons to be resettled from the maximum totaltotal target number as set out in the annual Union resettlement plan provided for in point (a) of Article 7(2) and details about the participation of the Member States in the targeted Union resettlement scheme;
Amendment 464 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point b
Article 10 – paragraph 1 – subparagraph 2 – point b
Amendment 474 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
After third-country nationals and stateless persons have been identified by UNHCR, according to UNHCR priorities and vulnerable categories, and referred to the Member States for resettlement, the Member States shall assess whether the third-country nationals or the stateless persons referred to in paragraph 2 meet the eligibility criteria set out in Article 5 and whether they are not excluded in accordance with Article 6(1).
Amendment 491 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 7 – point a
Article 10 – paragraph 7 – point a
(a) grant refugee status where the third-country national or the stateless person concerned qualifies as a refugee or subsidiary protection status where the third-country national or the stateless person concerned is eligible for subsidiary protection. The Member State shall notify the third-country national or the stateless person concerned of that decision. The decision to grant refugee status or subsidiary protection status shall have the same effect as a decision to grant refugee status or to grant subsidiary protection status referred to in Articles 13 and 19 of Regulation (EU) No XXX/XXX [Qualification Regulation], once the person concerned has entered the territory of a Member State;
Amendment 595 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The applicant shall comply with any obligations to report regularly to the competent authorities or to appear before them in person without delay or at a specified time or to remain in a designated area on its territory in accordance with Directive XXX/XXX/EU (Reception Conditions Directive), aswhere such an obligation has been imposed by the Member State in which he or she is required to be present in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation).
Amendment 652 #
2016/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The right to remain shall not constitute an entitlement to a residence permit and it shall not give the applicant the right to travel to the territory of other Member States without authorisation as referred to in Article 6 of Directive XXX/XXX/EU (Reception Conditions Directive).
Amendment 759 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
Amendment 764 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 1 – point b
Article 15 – paragraph 5 – subparagraph 1 – point b
Amendment 767 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 1 – point c
Article 15 – paragraph 5 – subparagraph 1 – point c
(c) the appeal or review is at a second level of appeal or higher as provided for under national law, including re-hearings or reviews of appeal, and that second level of appeal is considered to have no tangible prospect of success.
Amendment 769 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation. In the application of this paragraph, Member States shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered.
Amendment 774 #
2016/0224(COD)
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1 – introductory part
Article 16 – paragraph 2 – subparagraph 1 – introductory part
The determining authority may deny access to the information in the applicant's file where the disclosure of information or sources would jeopardise national security, the security of the organisations or persons providing the information or the security of the persons to whom the information relates or where the investigative interests relating to the examination of applications for international protection by the competent authorities of the Member States or the international relations of the Member States would be compromised. In those cases, the determining authority shall:
Amendment 794 #
2016/0224(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Member States may request total or partial reimbursement of any costs made if anincurred whenre the applicant’s financial situation considerably improves or where the decision to make such costs wasdecision to provide free legal assistance and representation taken on the basis of false information supplied by the applicant.
Amendment 805 #
2016/0224(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
The determining authority shall systematically and individually assess whether an individual applicant is in need of special procedural guarantees with the assistance of a qualified interpreter where needed. That assessment mayshall be integrated into existing national procedures or into the assessment referred to in Article 21 of Directive XXX/XXX/EU (Reception Conditions Directive) and need not take the form of an administrative procedure.
Amendment 819 #
2016/0224(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The process of identifying applicants with special procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged. The assessment shall in any event be initiated no later than 15 days after an application is made and shall be completed within 30 days.
Amendment 829 #
2016/0224(COD)
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1
Article 20 – paragraph 3 – subparagraph 1
Where there are indications that applicants may have been victim of torture, rape or of another serious form of psychological, physical, sexual or gender-based violence and that this could adversely affect their ability to participate effectively in the procedure, the determining authority shall refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state. In such cases, the doctor or psychologist shall be trained in carrying out such assessments and be supported by a qualified interpreter.
Amendment 831 #
2016/0224(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The responsible authorities shall address the need for special procedural guarantees as set out in this Article even where that need becomes apparent at a later stage of the procedure, or if the applicant expresses a reasoned request to have his or her special procedural needs reassessed, without having to restart the procedure for international protection.
Amendment 862 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary qualifications and expertise, and shall not have a verified record of child-related crimes or offencescriminal record, in particular as regards any child-related crimes or offences. The responsible authorities shall regularly review the criminal records of appointed guardians in order to identify potential incompatibilities with their role.
Amendment 867 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 1
Article 22 – paragraph 5 – subparagraph 1
The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, and in any event no more than 20, which would render him or her unable to perform his or her tasks effectively.
Amendment 981 #
2016/0224(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point f
Article 29 – paragraph 2 – point f
(f) stating whetherfrom what date the applicant has permission to take up gainful employment.
Amendment 1103 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 5 – point b
Article 33 – paragraph 5 – point b
(b) the applicant has specialfic reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees in accordance with Articles 19 to 22 of this Regulation, in particular where he or she is an unaccompanied minor.
Amendment 1292 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4 a (new)
Article 41 – paragraph 4 a (new)
4 a. The border procedure may not applied to unaccompanied minors.
Amendment 1294 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
Amendment 741 #
2016/0223(COD)
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1
Article 36 – paragraph 1 – subparagraph 1
As soon as possible after international protection is granted and within five working days at the latest, as outlined in Article 22(1) of Regulation EU no xxx/xxx[Procedures regulation], competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or, where necessary, by an organisation responsible for the care and well-being of minors, or by any other appropriate representation including that based on legislation or court order.
Amendment 742 #
2016/0223(COD)
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 a (new)
Article 36 – paragraph 1 – subparagraph 1 a (new)
Member States shall ensure that a guardian is placed in charge of a limited number of not more than 20 unaccompanied minors at the same time to ensure that the guardian is able to perform his or her tasks effectively. Member States shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian. To this end, unaccompanied minors shall be given information in a child-friendly manner and in a language they understand, about who these entities or persons are and how to report complaints against their guardians in confidence and safety.
Amendment 749 #
2016/0223(COD)
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. The persons and organisations working with unaccompanied minors shall receive continuous appropriate training concerning the rights and needs of minors and child safeguarding standards will be respected as referred to in Art 22 of Regulation EU No xxx/xxx[Procedures regulation]. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary qualifications and expertise to that end and shall not have a verified record of child-related crimes or offences. In order to ensure the minor’s well-being and social development, the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.
Amendment 782 #
2016/0223(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
Directive 2003/109/EU
Article 4, paragraph 3a (new)
Article 4, paragraph 3a (new)
3a. Where a beneficiary of international protection is found in a Member State, other than the one that granted international protection, and the authorities of that Member State have established that the beneficiary did stay or reside there without a right to stay or to reside there in accordance with relevant Union or national law for more than two weeks and without serious and urgent justification, the period of legal stay preceding such a situation shall not be taken into account in the calculation of the period referred to in paragraph 1.
Amendment 139 #
2016/0222(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘'family members’': means family members as defined in Article [2(9)] of Regulation (EU) XXX/XXX29 [Qualification Regulation]; __________________ 29the following members of the applicant's family who are present on the territory of the Member States - the spouse of the applicant or his or her unmarried partner in a stable relationship where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals, - the minor children of couples referred to in the first indent or of the applicant... and regardless whether they were born out of wedlock or adopted as defined or recognised under national law, - when the applicant is a minor..., the father, mother or another adult responsible for the applicant, whether by law or by practice of the Member State where the adult is present, - the sibling or siblings of the applicant; OJ C […], […], p. […].
Amendment 147 #
2016/0222(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘applicant with special reception needs’: means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive, such as applicants who are minors, unaccompanied minors, disabled people, impaired persons, lesbian, gay, bisexual, trans- and intersex persons, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders, including post-traumatic stress disorder (PTSD) and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual or gender-based violence, such as victims of female genital mutilation.
Amendment 153 #
2016/0222(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 155 #
2016/0222(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States may introduce or retain more favourable provisions as regards reception conditions for applicants and their depending close relatives who are present in the same Member State, or for humanitarian reasons, insofar as these provisions are compatible with this Directive.
Amendment 156 #
2016/0222(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall inform applicants, as soon as possible and at the latest when they are lodgmaking their application for international protection, of any established benefits and of the obligations with which they must comply relating to reception conditions. They shall point out in the information provided that the applicant is not entitled to the reception conditions set out in Articles 14 to 17 of this Directive as stated in Article 17a of the same Directive in any Member State other than where he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]in relation to reception conditions.
Amendment 164 #
2016/0222(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall not impose unnecessary or disproportionate documentation or other administrative requirements on applicants before granting them the rights to which they are entitled under this Directive for the sole reason that they are applicants for international protection, or on the sole basis of an applicant’s nationality.
Amendment 179 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Article 7 – paragraph 2 – subparagraph 1 – introductory part
2. Member States shall where necessarmay decide on the residence of an applicant in a specific place for any of the following reasons:
Amendment 185 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point c
Article 7 – paragraph 2 – subparagraph 1 – point c
Amendment 206 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where there are reasons for considering that there is a risk that an applicant may abscond, Member States shallmay, where necessary and proportionate, require the applicant to report to the competent authorities, or to appear before them in person, either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding. Such a decision shall be taken in writing and be subject to judicial review. Such judicial review shall be carried out ex-officio if it is maintained for a period of longer than two months.
Amendment 211 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Member States shall provide for the possibility of granting applicants temporary permission to leave their place of residence or assigned area and to reside elsewhere. Decisions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if they are negative.
Amendment 228 #
2016/0222(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall not hold a person in detention for the sole reason that he or she is an applicant or on sole basis of an applicants' nationality.
Amendment 299 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Member States shall ensure that applicants have access to the labour market no later than 6two months from the date when the application for international protection was lodged if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant.
Amendment 303 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Where the Member State has accelerated the examination on the merits of an application for international protection in accordance with points [(a) to (f)] of Article [40(1)] of Regulation (EU) No XXX/XXX [Procedures Regulation]established that the applicant has no right to international protection, access to the labour market shall not be granted.
Amendment 307 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Amendment 330 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point ii
Article 15 – paragraph 3 – subparagraph 2 – point ii
Amendment 346 #
2016/0222(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Language courses Member States shall provide applicants effective access to language courses free of charge from the date when the application for international protection was made.
Amendment 347 #
2016/0222(COD)
Proposal for a directive
Article 15 b (new)
Article 15 b (new)
Article 15b Vocational training Member States may allow applicants access to vocational training irrespective of whether they have access to the labour market. Access to vocational training relating to an employment contract shall depend on the extent to which the applicant has access to the labour market in accordance with Article 15.
Amendment 365 #
2016/0222(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. When assessing the resources of an applicant, when requiring an applicant to cover or contribute to the cost of the material reception conditions or when asking an applicant for a refund in accordance with paragraph 4, Member States shall observefully respect the principle of proportionality. Member States shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Member States shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health.
Amendment 398 #
2016/0222(COD)
Proposal for a directive
Article 17a – paragraph 1
Article 17a – paragraph 1
Amendment 400 #
2016/0222(COD)
Proposal for a directive
Article 17a – paragraph 2
Article 17a – paragraph 2
Amendment 405 #
2016/0222(COD)
Proposal for a directive
Article 17a – paragraph 3
Article 17a – paragraph 3
Amendment 449 #
2016/0222(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall take into account the specific situation of applicants with special reception needs, as defined in Article 2, in the national law implementing this Directive. Member States shall systematically assess whether the applicant is an applicant with special reception needs. Member States shall also indicate the nature of such needs. Member States shall also ensure that applicants can indicate themselves that they have special needs and that these indications are assessed. That assessment shall be integrated into the assessment referred to in [the Asylum Procedures Regulation], which may take place within existing national procedures. Member States shall ensure that those special reception needs are also addressed, in accordance with this Directive, if they become apparent at a later stage in the asylum procedure.
Amendment 457 #
2016/0222(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
That assessment shall be initiated as early as possible, and no later than 30 days, after an application for international protection is made and may be integrated into existing national procedures or into the assessment referred to in Article [19] of Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States shall ensure that those special reception needs are also addressed, in accordance with this Directive, if they become apparent at a later stage in the asylum procedure.
Amendment 486 #
2016/0222(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary qualifications and expertise to that end and shall not have a verified record of child- related crimes or offences. In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.
Amendment 489 #
2016/0222(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Member States shall ensure that a guardian is not placed in charge of a disproportionalimited number of not more than 20 unaccompanied minors at the same time that would render him or her uno ensure that the guardian is able to perform his or her tasks effectively. Member States shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian. To this end, unaccompanied minors shall be given information in a child-friendly manner and in a language they understand, about who these entities or persons are and how to file complaints against their guardians in confidence and safety.
Amendment 497 #
2016/0222(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that persons who have been subjected to sexual and gender-based harmviolence, other forms bias-motivated violence, torture, rape or other serious acts of psychological, physical or sexual violence areceive the necessary treatment provided with holistic rehabilitation services for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care as well as qualified counselling, with the support of a qualified interpreter where needed. Access to that support shall be as early as possible after a victim has been identified.
Amendment 500 #
2016/0222(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Those working with victims of gender-based harm, torture, rape or other serious acts of violencepsychological, physical or sexual violence, including health professionals in charge of implementing paragraph 1, shall have had and shall continue to receive appropriate training concerning their needs and appropriate rehabilitation methods, and shall be bound by the confidentiality rules provided for in national law and professional ethics codes, in relation to any information they obtain in the course of their work.
Amendment 524 #
2016/0222(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each Member State shall draw up a contingency plan setting out the planned measures to be taken to ensure an adequate reception of applicants in accordance with this Directive in cases where the Member State is confronted with a disproportionate number of applicants for international protection. The applicants for international protection are to be understood as those required to be present on its territory, including those for whom the Member State is responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], taking into account the corrective allocation mechanism outlined in Chapter VII of that Regulation.
Amendment 286 #
2016/0133(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down the criteria and mechanisms for determining the single Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (‘the Member State responsible’).
Amendment 289 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU, including stateless persons pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons and who is not national of a State which participates in this Regulation by virtue of an agreement with the Union;
Amendment 292 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons who has made an application for international protection in respect of which a final decision has not yet been taken;
Amendment 295 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘beneficiary of international protection’ means a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Person who has been granted international protection as defined in Article 2(a) of Directive 2011/95/EU;
Amendment 332 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘representativeguardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensursafeguarding the best interests of the child and exercising legal capacity fhis or the minor where necessary. Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the minor, in accordance with this Regulationr general well-being in all procedures provided for in this Regulation and exercising legal capacity for the minor where necessary;
Amendment 344 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q – introductory part
Article 2 – paragraph 1 – point q – introductory part
(q) ‘'resettled person’' means a person subject to thea process of resettlement whereby, on a request frombased on a person's need for international protection by the United Nations High Commissioner for Refugees (‘'UNHCR’) based on a person’s need for international protection') or by other entities or sponsors having concluded a dedicated agreement with the relevant Members State's authorities, third-country nationals are transferred from a third country and established in a Member State where they are permitted to reside with one of the following statuses:
Amendment 353 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State, which shall be the one which the criteria set out in Chapter III, IV and VII indicate is responsible.
Amendment 358 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was lodged shall be responsible for examining itshall be determined by the allocation mechanism pursuant to Chapter VII.
Amendment 362 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Where it is impossible to transfer an applicant to the Member State primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for applicants applicant's fundamental rights would be violated in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union, the determining Member State shall continue to examine the criteria set out in Chapter III in order to establish whether another Member State can be designated as responsible.
Amendment 364 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
Where the transfer cannot be made pursuant to this paragraph to any Member State designated on the basis of the criteria set out in Chapter III or to the first Member State with which the application was lodged, the determining Member State shall become the Member State responsible, the Member State responsible shall be determined by the allocation mechanism pursuant to Chapter VII.
Amendment 417 #
2016/0133(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 428 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. As soon as an application for international protection is lodgedmade within the meaning of Article 21(27 ( Proposal for the Asylum Procedures Regulation ) in a Member State, its competent authorities shall inform the applicant of the application of this Regulation and of the obligations set out in Article 4 as well as the consequences of non-compliance set out in Article 5 , and in particular :
Amendment 430 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) that the right to apply for international protection does not encompass any choice of the applicant which Member State shall be responsible for examining the application for international protection;, except when provided within the allocation mechanism under the terms of Chapter VII.
Amendment 433 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) of the right for the applicant to provide information about the presence in any Member State of meaningful links relevant under the provisions of Chapter VII of this Regulation
Amendment 435 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is obliged to be present during the phases in which the Member State responsible under this Regulation is being determined and the application for international protection is being examined , in particular that the applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU in any Member State other than the one where he or she is required to be present, with the exception of emergency health care ;.
Amendment 445 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) of the purpose of the personal interview pursuant to Article 7 and the obligation of submitting and substantiating information regarding the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such informations well as what information the applicant will be asked to submit for the purpose of determining responsibility, including for the application of the discretionary clause;
Amendment 450 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) of the possibility and modalities to challenge a transfer decision within 7 days after notification and of the fact that this challenge shall be limited to an assessment of whether Articles 3(2) in relation to the existence of a risk of inhuman or degrading treatment or Articles 10 to 13 and 18 are infringed upon ;and the right to have an effective remedy before a court or tribunal in accordance with Article 28, including in a situation where no transfer decision is taken.
Amendment 453 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)
Article 6 – paragraph 1 – point e a (new)
(ea) of the right to request free legal assistance and representation at all stages of the procedure.
Amendment 467 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall, by means of implementing actEuropean Asylum Agency shall, in close cooperation with the responsible national agencies, draw up a common leaflet, as well as a specific leaflet for unaccompanied minors,information materials containing at least the information referred to in paragraph 1 of this Article. Thisat common leafletinformation material shall also include information regarding the application of Regulation (EU) [Proposal for a Regulation recasting Regulation No 603/2013] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common leafletinformation material shall include information on Member States for the purposes of the allocation mechanism under Chapter VII, and shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2) of this Regulatione European Asylum Agency shall create specific information material intended particularly for the following target groups: a) adult applicants; b) unaccompanied minors; c) accompanied minors.
Amendment 475 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant, unless the applicant has absconded or the information provided by the applicant pursuant to Article 4(2) is sufficient for determining the Member State responsible. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 6.
Amendment 480 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The Member State may dispense with the personal interview where the information provided by the applicant pursuant to Article 4(2) is sufficient for determining the Member State responsible. The Member State dispensing with the interview shall give the applicant the opportunity to present all further information which is relevant for correctly determining the Member State responsible before a final decision is taken to transfer the applicant to the Member State responsible pursuant to Article 30(1). In the period between the final decision and the actual transfer to a designated Member State, Member States shall exceptionally take into consideration other elements provided by the applicant if the delay in submitting them is due to force majeure.
Amendment 481 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The personal interview shall take place in a timely manner and, in any event, before any take charge request pursuant to Article 24 is madedecision on the substance is taken.
Amendment 482 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. When the applicant is a minor, the personal interview shall be conducted in a child-friendly manner and with the presence of the guardian and, where applicable, the legal advisor or counsellor. Where necessary, Member States shall have recourse to an qualified interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 487 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the applicant's cultural origin, age, gender, sexual orientation, gender identity, and vulnerability. Personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past. The applicant may request to be interviewed and assisted by personnel of the same sex, provided that this is possible.
Amendment 492 #
2016/0133(COD)
5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The information in the summary shall be verified with the applicant and, where relevant, the guardian and/or legal advisor or counsellor, during the interview. This summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant and/ or the guardian, the legal advisor or other counsellor who is representing the applicant have timely access to the summary as soon as possible after the interview, and in any case before a transfer decision is taken.
Amendment 501 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Each Member State where an unaccompanied minor is obliged to be present shall ensure that a representativeguardian represents and/or assists the unaccompanied minor with respect to the relevantall procedures provided for in this Regulation. The representativeguardian shall have the qualifications and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representativea guardian shall have access to the content of the relevant documents in the applicant’'s file including the specific leafletinformation materials for unaccompanied minors. The guardian shall be appointed as soon as possible, but at the latest within five days from the making of the application.
Amendment 504 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
The guardian shall be involved in the process of establishing Member State responsibility under this Regulation to the greatest extent possible. To that end, the guardian shall support the minor to provide information relevant to the assessment of their best interests in accordance with paragraph 3, including exercise their right to be heard, and shall support the minor's engagement with other actors, such as family tracing organisations, where appropriate for this purpose, and with due regard to confidentiality obligations to the child. Such a guardian shall have access to the content of the relevant documents in the minor's file including the specific information material for unaccompanied minors and the forms provided for in Article 6. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the progress in the procedures under this Regulation concerning him or her. Guardians shall receive regular training and support to undertake their tasks. The Commission shall, by means of implementing acts, provide rules on the qualifications of and training for guardians, the modalities for their engagement with other actors, with due regard for confidentiality and data protection obligations.
Amendment 517 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. situations of vulnerability, including abuse, trauma, specific health needs and disability;
Amendment 518 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. the need for decisions concerning children to be treated with priority;
Amendment 520 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Before transferring an unaccompanied minor toAny decision on the Member State responsible or, where applicable, ton the Member State of allocation, the transf concerrning Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures refean unaccompanied minor shall be preceded by a multidisciplinary assessment of his/her best interests, carried to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3. The assessment shall be done swiftly by staff with the qualifications and expertise to enout by the competent judicial or administrative authorities according to the national law of the Member State. The assessment shall be based on the factors listed in paragraph 3 and the conclusions of the assessment on each of the factors shall be clearly stated in the decision on responsibility. The multidisciplinary assessment shall involve competent staff with expertise in child rights, psychology and development and shall involve, at a minimum, the minor's guardian and legal advisor or counsellor. Before any transfer of an unaccompanied minor, the transferring Member State shall make sure that the best inMember State restsponsible ofr the minor are taken into considerationMember State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay.
Amendment 527 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 1
Article 8 – paragraph new5 – subparagraph 1
For the purpose of applying Articles 10 and 19, the Member State where the unaccompanied minor lodgedmade an application for international protection shall, as soon as possible, take appropriate action to identify the family members or, relatives or any other family relativeons of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child.
Amendment 531 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 3
Article 8 – paragraph new5 – subparagraph 3
The staff of the competent authorities referred to in Article 47 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors, including training on child rights, psychology and development.
Amendment 533 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The Commission shall, by means of a delegated act in accordance with this Article lay down the rules and procedures with regards to the transnational cooperation for the assessment of the best interests of the child. With a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor living in the territory of another Member State pursuant to paragraph 5 of this Article, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 535 #
2016/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The criteria for determining the Member State responsible shall be applied only once, in the order in which they are set out in this Chapter III, IV and VII of this Regulation.
Amendment 542 #
2016/0133(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Member State responsible in accordance with the criteria set out in thisese Chapters shall be determined on the basis of the situation obtaining when the applicant first lodged his or her application for international protection with a Member State.
Amendment 545 #
2016/0133(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. In view of the application of the criteria referred to in Articles 10 to 13a and 18, Member States shall take into consideration any available evidence regarding the presence, on the territory of a Member State, of family members, relatives or any other family relations of the applicant, on condition that such evidence is produced before another Member State accepts the request to take charge or take back the person concerned, pursuant to Articles 22 and 25 respectively, and that the previous applications for international protection of the applicant have not yet been the subject of a first decision regarding the substance.
Amendment 552 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor first has lodged his or her appliand if no other criteria set out in Chapter III and IV apply, including Articles 19 and 20, the Member State responsible shall be determined by the allocation mechanism set out in Chapter VII, provided that the minor should be always granted the choice among the Member States of possible allocation faccor dinternational protection, unless it is demonstrated that this is not in the best interests of the minorg to Article 36c. Any decision on the Member State responsible should be preceded by a multidisciplinary assessment of the best interests of the minor, including in case of allocation.
Amendment 559 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. Where a minor is accompanied by one parent, adult sibling or other adult responsible for the minor, whether by law or by the practice of that Member State, and one parent or other adult responsible for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the Member State responsible shall be that where the parent or other adult responsible for the minor is legally present, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 572 #
2016/0133(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Family reunification procedure 1. The determining Member State shall be responsible for conducting a special family reunification procedure for the applicant in order to ensure swift family reunification and access to the asylum procedures for applicants where there are, prima facie, sufficient indications that they are likely to have the right to family reunification in accordance with Articles 10, 11, 12 or 13. 2. In establishing whether there are sufficient indications that the applicant has family in the Member State he or she claims the determining Member State shall ensure that the applicant has understood the applicable definition of family members and/or relatives and ensure that the applicant is certain that the alleged family members and/or relatives are not present in another Member State. The determining Member State shall also ensure that the applicant understands that he or she will not be allowed to stay in the Member State where he or she claims to have family members and/or relatives unless such a claim can be verified by that Member State. If the information provided by the applicant does not give manifest reasons to doubt the presence of family members and/or relatives in the Member State indicated by the applicant it shall be concluded that, prima facie, there are sufficient indications that the applicant has family members and/or relatives in that Member State in order to meet the requirements of paragraph 1. 3. If it is determined pursuant to paragraph 1 and 2 that an applicant likely has, prima facie, the right of family reunification in accordance with Articles 10, 11, 12 or 13 the determining Member State shall notify the Member State concerned thereof and the applicant shall be transferred to that Member State. 4. The Member State receiving an applicant in accordance with the procedure referred to in paragraph 4 shall make the determination of whether the conditions for family reunifications in accordance with Article 10, 11, 12 or 13 are met. If it is determined that the conditions for family reunification are not met the receiving Member State shall ensure that the applicant is relocated to another Member State in accordance with the procedure in article 24a. 5. The authorities responsible of the Member State where the applicant claims to have family members and/or relatives present shall assist the authorities responsible of the determining Member State with answering any questions aimed at clarifying whether the alleged family links are correct. The absence of official documents issued by the State of origin cannot be the only reason for not declaring satisfied the requirements for family reunification, and other evidence should also be admitted, including the declarations from international organizations. 6. For the purposes of the procedures provided for in this Article, the Commission shall adopt an implementing act regarding the evidentiary requirements to prove relevant family links, including the type of proof or evidence required, including partial documentation issued by the State of origin or declarations from international organisations. A different understanding of such proof or evidence between the determining Member State and the Member State receiving the applicant shall not result in the applicant being subject to the procedure under Article 24a.
Amendment 587 #
2016/0133(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 596 #
2016/0133(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Where it is established, on the basis of proof or circumstantial evidence, that an applicant has crossed the border into the Member State where the application was lodged having come through another Member State, the Member State responsible for examining the application for international protection shall be determined in accordance with the procedure in Article 24a.
Amendment 601 #
2016/0133(COD)
Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, that Member State shall be determining the Member State responsible for examining the application according to the criteria set out in Chapter III, IV and VII..
Amendment 602 #
2016/0133(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Centralised allocation mechanism When it is not possible to determine a Member State responsible according to the previous criteria under Chapters III and Articles 18, 18a and 19 do not apply, the Member State responsible shall be determined with the allocation mechanism set out in Chapter VII of this Regulation.
Amendment 603 #
2016/0133(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Where, on account of pregnancy, a new-born child, serious illness, severe disability or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed in the country of originbefore the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing. When the applicant is affected by a serious disease or inability and it is not possible to determine a Member State responsible according to the criteria set out in Chapters III and IV of this regulation, Member States shall normally keep the applicant on the territory of the Member State in which the applicant is present, if the person concerned expressed his desire in writing.
Amendment 641 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. In a situation referred to in point (d) of paragraph 1, twhe decision taken by the responsible authority of the Member State responsible to reject the application shall no longer be subject to a remedy within the framework of Chapter Vre the applicant has been rejected at first instance only, the Member State responsible shall ensure that the person concerned has or has had the opportunity to seek an effective remedy pursuant to Article 46 of Directive 2013/32/EU.
Amendment 681 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1 a (new)
Article 24 – paragraph 1 – subparagraph 1 a (new)
If none of the criteria set out in Chapter III and IV apply, the determining Member State should determine the Member State responsible with the allocation mechanism according to the procedure laid down in Chapter VII.
Amendment 686 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 3
Article 24 – paragraph 1 – subparagraph 3
Where the request to take charge of an applicant is not made within the periods laid down in the first and second subparagraphs, responsibility for examining the application for international protection shall lie with the Member State in whichbe determined by the applillocation was lodgedmechanism under Chapter VII.
Amendment 696 #
2016/0133(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Submitting a take charge notification 1. Where an applicant is to be transferred to another Member State pursuant to Article 15 (1a) or Article 13a the Member State of allocation shall be determined randomly by the automated system referred to in Article 44 amongst the Member States according to Article 36c. 2. Once the Member State of allocation has been determined pursuant to paragraph 1, information to that effect shall be automatically entered into Eurodac and the Member State of allocation shall be informed by way of an automatic notification. 3. The Member State where the applicant is present shall inform the applicant of the determination pursuant to paragraph 2 and, in cooperation with the European Asylum Agency, of the modalities for the transfer. 4. The European Asylum Agency shall ensure the swift transfer of the applicant from the Member State where he or she is present to the Member State responsible. 5. The obligations set out in Article 39, 40, 41 and 42 shall apply mutatis mutandis
Amendment 697 #
2016/0133(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The requested Member State shall make the necessary checks, and shall give a decision on the request to take charge of an applicant within one monthtwo weeks of receipt of the request.
Amendment 705 #
2016/0133(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In a situation referred to in Article 20(1)(b), (c), (d) or (ed) the Member State where the person is present shall make a take back notification at the latest within two weeks after receiving the Eurodac hit, and transfer that person to the Member State responsible .
Amendment 707 #
2016/0133(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1 a. Where the take back request is not made within the periods laid down in paragraph 2, responsibility for examining the application for international protection shall lie with the Member State in which the new application was lodged.
Amendment 721 #
2016/0133(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Where the requested Member State accepts to take charge of an applicant , the requesting Member State shall notify the applicant in writing without delin 5 days of the decision to transfer him or her to the Member State responsible and, where applicable, of not examining his or her application for international protection.
Amendment 723 #
2016/0133(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where the applicant or another person referred to in Article 20(1) (c), (d) or (ed) is to be taken back, the Member State where the person concerned is present shall notify the person concerned in writing without undue delay the decision to transfer him or her to the Member State responsible.
Amendment 724 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The applicant or another person as referred to in Article 20(1)(c), (d) or (ed) shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a transfer decision, before a court or tribunal.
Amendment 726 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall provide for a reasonable period, of 7no less than 15 days, after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1.
Amendment 731 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph new4
Article 28 – paragraph new4
Amendment 739 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph new6
Article 28 – paragraph new6
new6. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, Member States shall ensure that the person concerned has access to legal assistance and representation and, where necessary, to linguistic assistance at all stages of the procedures provided for in this Regulation.
Amendment 744 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 2
Article 28 – paragraph 7 – subparagraph 2
Amendment 745 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 3
Article 28 – paragraph 7 – subparagraph 3
Amendment 746 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 4
Article 28 – paragraph 7 – subparagraph 4
Amendment 747 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 7 – subparagraph 5
Article 28 – paragraph 7 – subparagraph 5
Legal assistance shall include at least the provision of information on the procedure in the light of the applicant´s individual circumstances, assistance in the preparation of relevant documentation and personal interview, including participation in the personal interview as necessary and the preparation of the required procedural documents and representation before a court or tribunal and may be restricted to legal advisors or counsellors specifically designated by national law to provide assistance and representation. Procedures for access to legal assistance shall be laid down in national law.
Amendment 751 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. When there is a significant risk of absconding,In exceptional cases Member States may detain thea person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment andonly where the applicant has been intercepted after having tried to abscond or where it appears evident on the basis of his or her concrete behavior that he or she intends to abscond, and in any case only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively. Minors shall never be detained.
Amendment 756 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1
Article 29 – paragraph 3 – subparagraph 1
Detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this Regulation is carried out, and in any case it shall not exceed 3 months.
Amendment 758 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 2
Article 29 – paragraph 3 – subparagraph 2
Amendment 763 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3 a. Detention of applicants shall be ordered in writing by judicial authorities. The detention order shall state the reasons in fact and in law on which it is based and shall contain a reference to the consideration of the available alternatives and the reasons as to why they could not be applied effectively.
Amendment 764 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. As regards the detention conditions, which shall fully respect the person´s fundamental rights, and the guarantees applicable to persons detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive 2013/33/EU shall apply.
Amendment 766 #
2016/0133(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
The determining Member State whose take charge request referred to in Article 20(1) (a) was accepted or who made a take back notification referred to in Article 20(1) (b) to (ed) shall take a transfer decision at the latest within one week of acceptance or notification and transfer the applicant or the person concerned to the Member State responsible.
Amendment 768 #
2016/0133(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
newThe transfer of the applicant or of another person as referred to in Article 20(1)(c), (d) or (ed) from the requesting Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within four weeks from the final transfer decision .
Amendment 770 #
2016/0133(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The costs necessary to transfer an applicant or another person as referred to in Article 20(1)(c), (d) or (ed) to the Member State responsible shall be met by the transferring Member Stategeneral budget of the Union.
Amendment 771 #
2016/0133(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31 a Costs of reception The costs of reception of applicants covered by a determining Member State until the transfer to the Member State responsible (or until the moment in which it assumes responsibility on the application) should be refunded by the general budget of the Union.
Amendment 780 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The allocation mechanism referred to in this Chapter shall be applied for the benefit ofall the applications for which a Member Sstate, where that Member State is confronted with a disproportionate number of applications for international protection for which it is the Member State responsible under this Regulation responsible could not be determined according to the criteria set out in Chapter III and IV of this Regulation, and also in the cases in which Article 24a applies.
Amendment 787 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 807 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. The automated system shall continuously monitor whether any of the Member States is above the threthe number of applications for which a Member State is responsible, to which the number of people effectively resettled to that Member State should referred to in paragraph 2, and if so, notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. be added, and check whether for any of the Member States this number is higher than the respective reference number. If so, the automated system shall notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. No further allocation should be made towards these Member States until the number of applications for which they are responsible (including resettled persons) is below their reference number.
Amendment 808 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 6
Article 34 – paragraph 6
Amendment 820 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. For the purpose of the correctiveallocation mechanism, the reference number for each Member State shall be determined by a key.
Amendment 846 #
2016/0133(COD)
Proposal for a regulation
Article 36
Article 36
Amendment 867 #
2016/0133(COD)
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36 a Application of the allocation mechanism 1. When it was not possible to determine a Member State responsible according to the criteria set out in Chapters III and IV of this regulation, the determining Member State shall communicate to the applicant that he will be allocated. 2. If the applicant has meaningful links with a Member State, the determining Member State should follow the procedure laid down in Article 36b. 3. When the procedure laid down in Article 36b does not apply, the determining Member State should follow the procedure of Article 36c.
Amendment 869 #
2016/0133(COD)
Proposal for a regulation
Article 36 b (new)
Article 36 b (new)
Amendment 966 #
2016/0133(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
Amendment 972 #
2016/0133(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 986 #
2016/0133(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5), Article 37(1) and point (h) of Article 39, and for the procedure of Article 36c.
Amendment 991 #
2016/0133(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. The authorities referred to in paragraph 1 shall receive the necessary regular training with respect to the application of this Regulation, including as regards the operating procedures for gathering relevant information and assessing the best interests of the child. Member States shall ensure the availability of specially trained staff, or specialized support services for staff, dedicated to the assessment of the best interests of the child in cases involving unaccompanied minors.
Amendment 1001 #
2016/0133(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
By way of derogation from Article 34(2), during the first three months after entry into force of this Regulation, the corrective allocation mechanism shall not be triggered. By way of derogation from Article 34(3), after the expiry of the three month period following3), after the entry into force of this Regulation and until the expiry of one year following the entry into force of this Regulation, the reference period shall be the period which has elapsed since the entry into force of this Regulation.
Amendment 1009 #
2016/0133(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
By [18 months after entry into force] and from then on annually, the Commission shall review the functioning of the corrective allocation mechanism set out in Chapter VII of this Regulation and in particular the thresholds set out in Article 34(2) and Article 43 thereof.
Amendment 86 #
2016/0132(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In its Conclusions of 8 October 2015 on the future of return policy, the Council endorsed the initiative announced by the Commission to explore an extension of the scope and purpose of Eurodac to enable the use of data for return purposes27 . Member States should have the necessary tools at their disposal to be able to detect illegal migration to and secondary movements of illegally staying third- country nationals in the Union. Therefore, the data in Eurodac should be available, subject to the conditions set out in this Regulation, for comparison by the designated authorities of the Member States. _________________ 27 EU Action Plan on return, COM(2015) 453 final.
Amendment 111 #
2016/0132(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The best interests of the minor should be a primary consideration for Member States when applying this Regulation. Where the requesting Member State establishes that Eurodac data pertain to a child, these data may only be used for law enforcement purposes byrelating to the prequesting Member State in accordance with that State's laws applicable to minors and in accordance with the obligation to give primary consideration to the best interests of the childvention, detection and investigation of child trafficking and for the protection of missing children and for taking measures for family tracing and reunification.
Amendment 119 #
2016/0132(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Member States should refer to the Commission's Staff Working Document on Implementation of the Eurodac Regulation as regards the obligation to take fingerprints adopted by the Council on 20 July 201534 , which sets out a best practice approach to taking fingerprints of irregular third-country nationals. and the European Union Agency for Fundamental Rights' (FRA) checklist to act in compliance with fundamental rights when obtaining fingerprints for Eurodac.34a Where a Member State's national law allows for the taking of fingerprints by force or coercion as a last resort, those measures must fully respect the EU Charter of Fundamental Rights. Third-country nationals and stateless persons who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image, except in duly justified circumstances that are permitted under national law. _________________ 34. _________________ 34 COM(2015) 150 final, 27.5.2015 COM(2015) 150 final, 27.5.2015 34aFRA(2015) Fundamental rights implications of the obligation to provide fingerprints for Eurodac, 22.10.2015
Amendment 162 #
2016/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(c a) assist the Member States in protecting and identifying child victims of trafficking in human beings and in protecting and identifying missing children and taking measures for family tracing and reunification
Amendment 169 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States are obliged to take the fingerprints and facial image of persons referred to in Article 10(1), 13(1) and 14(1) for the purposes of Article 1(1)(a), (b) and (bca) of this Regulation and shall impose on the data-subject the requirement to provide his or her fingerprints and a facial image and inform them as such in accordance with Article 30 of this Regulation. Member States shall, at all times, respect the dignity and physical integrity of the person during the fingerprinting procedure and when capturing his or her facial image.
Amendment 175 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Taking fingerprints and facial images of minors from the age of six shall be carried out in a child-friendly and child- sensitive manner by officials trained specifically to enrol minor's fingerprints and facial images especially for the purpose laid down in point (ca) of Article 1(1). The minor shall be informed in written and oral form in an age- appropriate manner using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors in a language they can understand and they shall be accompanied by a responsible adult, guardian or representative at the time their fingerprints and facial image are taken. At all times Member States must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image. Mental or physical coercion in order to coerce the taking of fingerprints or a facial image from minors or vulnerable persons shall not be allowed.
Amendment 185 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Member States may introduce, where appropriate, well justified administrative sanctions, in accordance with their national law and with full respect of the Charter of Fundamental Rights of the European Union, for non- compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this Article. These sanctions shall be effective, proportionate and dissuasive. In this context, detention should only be used as a means of last resort in order to determine or verify a third-country national's identity, for as short a time as possible and necessary, should only be used as a means of last resort after effective counselling if there is no other way to determine or verify a third-country national's or stateless person's identity and there is a risk of absconding. Detention of minors shall be prohibited.
Amendment 191 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Without prejudice to paragraph 3 of this Article, where enrolment of the fingerprints or facial image is not possible from third-country nationals or stateless persons who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face, the authorities of that Member State shall not use sanctions to coerce the taking of fingerprints or a facial image nor mental or physical coercion. A Member State may attempt to re- take the fingerprints or facial image of a minor or vulnerable person who refuses to comply, where the reason for non- compliance is not related to the conditions of the fingertips or facial image or the health of the individual and where it is duly justified to do so. Where a minor, in particular an unaccompanied or separated minor refuses to give their fingerprints or a facial image and there are reasonable grounds to suspect that there are child safeguarding or protection risks, the minor shall be referred to the national child protection authorities and /or national referral mechanisms.
Amendment 216 #
2016/0132(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Eu-LISA shall be permitted to use real personal data of the Eurodac production system for testing purposes and in strict compliance with Article 17 of the Staff Regulations on professional secrecy for every person involved in the testing only in the following circumstances:
Amendment 224 #
2016/0132(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Each Member State shall keep a list of the designated authorities and communicate it without delay to the Commission and to eu-LISA. Eu-LISA shall publish the consolidated list in the Official Journal of the European Union. Where that list has been amended, eu- LISA shall publish once a year an updated consolidated list online.
Amendment 253 #
2016/0132(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every applicant for international protection of at least six years of age and shall, as soon as possible and no later than 72 hours after the lodging of his or her application for international protection, as defined by Article [21(2)]of Regulation (EU) No , transmit them together with the data referred to in Article 12 (c) to (n) of this Regulation to the Central System. The taking of fingerprints and capturing of facial images of children is especially for the purpose laid down in Article 1(1)(ca).
Amendment 261 #
2016/0132(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Fingerprint and facial image data may also be taken and transmitted by members of the European Border [and Coast] Guard Teams or by Member State asylum experts when performing tasks and exercising powers in accordance with [Regulation on the European Border [and Coast] Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC] and [Regulation (EU) No. 439/2010].
Amendment 267 #
2016/0132(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) nationality(ies) or presumed and declared nationality or status as stateless person in accordance with Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons;
Amendment 269 #
2016/0132(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g a (new)
Article 12 – paragraph 1 – point g a (new)
(g a) details of family links of minors, such as names of family members and accompanying persons or any other relevant information that could help with possible family tracing or reunification;
Amendment 275 #
2016/0132(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every third- country national or stateless person of at least six years of age who is apprehended by the competent control authorities in connection with the irregular crossing by land, sea or air of the border of that Member State having come from a third country and who is not turned back or who remains physically on the territory of the Member States and who is not kept in custody, confinement or detention during the entirety of the period between apprehension and removal on the basis of the decision to turn him or her back. The taking of fingerprints and capturing of facial images of children is especially for the purpose laid down in Article 1(1)(ca).
Amendment 281 #
2016/0132(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
(d) nationality(ies) or presumed and declared nationality or status as stateless person in accordance with Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons;
Amendment 283 #
2016/0132(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point g a (new)
Article 13 – paragraph 2 – point g a (new)
(ga) details of family links of minors, such as names of family members and accompanying persons or any other relevant information that could help for possible family tracing or reunification;
Amendment 290 #
2016/0132(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Fingerprint and facial image data may also be taken and transmitted by members of the European Border [and Coast] Guard Teams when performing tasks and exercising powers in accordance with [Regulation on the European Border [and Coast] Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC].
Amendment 294 #
2016/0132(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every third- country national or stateless person of at least six years of age who is found illegally staying within its territory. The taking of fingerprints and capturing of facial images of children is especially for the purpose laid down in Article 1(1)(ca).
Amendment 297 #
2016/0132(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) nationality(ies) or presumed and declared nationality or status as stateless person in accordance with Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons;
Amendment 298 #
2016/0132(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point g a (new)
Article 14 – paragraph 2 – point g a (new)
(ga) details of family links of minors, such as names of family members and accompanying persons or any other relevant information that could help for possible family tracing or reunification.
Amendment 346 #
2016/0132(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Data relating to a person who has acquired citizenship of any Member State before expiry of the period referred to in Article 17(1) , (2) or (3) shall be erased from the Central System in accordance with Article 28(4) as soon as t. The Member State of origin becomes aware thatshall be informed immediately if the person concerned has acquired such citizenship in order to erase the data.
Amendment 365 #
2016/0132(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. For the purposes laid down in Article 1(1)(c), the designated authorities referred to in Articles 6(1) and 8(2) may submit a reasoned electronic request as provided for in Article 21(1) together with the reference number used by them, to the verifying authority for the transmission for comparison of fingerprint and facial image data to the Central System, the designated authorities referred to in Article 6(1) via the National Access Point. Upon receipt of such a request, the verifying authority shall verify whether all the conditions for requesting a comparison referred to in Articles 21 or 22, as appropriate, are fulfilled.
Amendment 416 #
2016/0132(COD)
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 2
Article 30 – paragraph 2 – subparagraph 2
Where a person covered by Article 10(1), Article 13(1) and Article 14(1) is a minor, Member States shall provide the information in an age-appropriate manner and in a child-friendly environment.
Amendment 419 #
2016/0132(COD)
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 3
Article 30 – paragraph 3 – subparagraph 3
The leaflet shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. This Member State- specific information shall include at least the possible administrative sanctions under national law, which a person could face for non-compliance with the fingerprinting process and capturing a facial image, the rights of the data subject, the possibility of information and assistance by the national supervisory authorities, as well as the contact details of the office of the controller and of the data protection officer, and the national supervisory authorities.
Amendment 432 #
2016/0132(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1), particularly where that country is also the applicant's country of origin.
Amendment 437 #
2016/0132(COD)
Proposal for a regulation
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. By way of derogation from Article 37 of this Regulation, theonly the necessary personal data relating to persons referred to in Articles 10(1), 13(2), 14(1) obtained by a Member State following a hit for the purposes laid down in Article 1(1)(a) or (b) may be transferred or made available to a third- country in accordance with Article 46 of Regulation (EU) No. […/2016], if necessary in order to prove the identity of third-country nationals for the purpose of return, only where the following conditions are satisfied:
Amendment 440 #
2016/0132(COD)
Proposal for a regulation
Article 38 – paragraph 1 – point c a (new)
Article 38 – paragraph 1 – point c a (new)
(ca) a final decision on the third- country national's application for international protection has been taken.
Amendment 443 #
2016/0132(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1), particularly where that country is also the applicant's country of origin.
Amendment 47 #
2016/0089(NLE)
Proposal for a decision
Recital 5
Recital 5
(5) RLarge-scale resettlement, humanitarian admission, or other forms of legal admission from Turkey under national and multilateral schemes can be expectare needed to relieve the migratory pressure on Member States which are beneficiaries of relocation under Decision (EU) 2015/1601 by providing a legal and safe pathway to enter the Union and by discouraging irregular entries. Therefore, the solidarity efforts of Member States consisting in admitting to their territory Syrian nationals present in Turkey who are in clear need of international protection should be taken into account in relation to the 54 000 applicants for international protection referred to above. The number of persincreased substantially. The Commissions so admittehould fprom Turkey by a Member State should be dedpose a Union structured from the number of persons to be relocated to that Member State under Decision 2015/1601 in relation to those 54 000 applicantslarge- scale system on resettlement as soon as possible.
Amendment 68 #
2016/0089(NLE)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
Council Decision (EU) 2015/1601
Article 4 – paragraph 3 a – subparagraph 1
Article 4 – paragraph 3 a – subparagraph 1
3a. In relation to the relocation of applicants referred to in point (c) of paragraph 1, the admission by Member States to their territory of Syrian nationals present in Turkey under national or multilateral legal admission schemes for persons in clear need of international protection other than the resettlement scheme which was the subject of the Conclusions of the Representatives of the Governments of the Member States meeting within the Council of 20 July 2015the so-called 1:1 scheme shall lead to a corresponding reduction of the obligation of the respective Member State.
Amendment 98 #
2016/0062(NLE)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the European Union Agency for Fundamental Rights report entitled ‘Violence against women: an EU- wide survey’, published in March 2014, shows that one-third of all women in Europe have experienced physical or sexual acts of violence at least once during their adult lives, 20 % have experienced online harassment, one in twenty have been raped and more than one-tenth have suffered sexual violence involving the use of force;
Amendment 99 #
2016/0062(NLE)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas citizens and residents in the Union are not equally protected against gender-based violence, due to differing policies and legislation across Member States, as regards among other the definition of offences and the scope of the legislation, and are therefore vulnerable to such violence;
Amendment 191 #
2016/0062(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that women and girls are often exposed to domestic violence, sexual harassment, rape, forced marriage and other forms of violence, which constitute a serious violation of the human rights and dignity of women and girlspsychological and physical violence, stalking, sexual violence, rape, forced marriage, female genital mutilation, forced abortion and forced sterilisation, and other forms of violence, which constitute a serious violation of the human rights and dignity of women and girls; stresses that the Istanbul Convention ensures that culture, custom, religion, tradition or so-called “honour” cannot be a justification of any acts of violence against women;
Amendment 204 #
2016/0062(NLE)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that forced pregnancy is defined as a crime against humanity in the article 7 of the Rome Statute of the International Criminal Court of 17 July 1998 and is a gender-based violence against women, that constitute a serious violation of the human rights and dignity of women and girls;
Amendment 205 #
2016/0062(NLE)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Strongly affirms that the denial of safe abortion amounts to a serious breach of human rights and an extreme form of violence against women; calls for the right to abortion to be considered as a Fundamental right at the EU level;
Amendment 285 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point k
Paragraph 5 – point k
(k) To implement the provisions of the Istanbul Convention on migration and asylum, taking into account the fact that migrant women, whether properly documented or not, and women asylum- seekers are particularly vulnerable to gender-based violence and that gender- based violence may, including female genital mutilation, can be recognised as a form of persecution uander the terms of that the victims can thus avail themselves of the protection offered by the 1951 Refugee Convention; to ensure that Member States respect a gender- sensitive approach in all asylum and reception procedures;
Amendment 63 #
2015/2342(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for international protection to be provided to people fleeing conflicts, including through resettlement programmes, broadening family reunification and humanitarian visas;
Amendment 79 #
2015/2342(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Is concerned by the growing tendency to make all EU policies conditional on management of migration flows and denounces the usecoupling of development and humanitarian aid funds into this area;
Amendment 90 #
2015/2342(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for all agreements with third countries to guarantee that the rights of migrants, whatever their status, are respectedin line with international law and promotes the adoption of appropriate laws, including in respect of asylum;
Amendment 101 #
2015/2342(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Underlines that concepts of safe third countries and safe countries of origin shouldmust not prevent individual assessments of asylum applications;
Amendment 110 #
2015/2342(INI)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 139 #
2015/2342(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Calls on the Union to get involved in the debate on the terms ‘climate refugees’ and ‘environmentally displaced persons’.European Union and the Member States to fully respect the 1951 Geneva Convention and all other refugee rights enshrined in European and international law
Amendment 183 #
2015/2342(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that EU development cooperation should continue to address the root causes of forced displacement by promoting peace, democracy and security, reducing poverty and inequality, strengthening basic services, addressing state fragility and promoting human rights and good governance, in line with Sustainable Development Goal 16 in the new 2030 Agenda; Development cooperation should not be made conditional upon stopping migration flows to Europe;
Amendment 240 #
2015/2342(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the UN General Assembly High-Level Meeting to Address Large Movements of Refugees and Migrants of 19 September 2016 and the hosting of the Leaders’ Summit by the USA, as migration flows are a global responsibility which demand a global response and enhanced cooperation between all stakeholders; welcomes the outcome of these summits as the expression of a political commitment of unprecedented force, initiating the path towards a truly international sharing of responsibilities for refugees and large migration movements; deeply regrets however the lack of specific pledges or legally binding commitments in terms of aid or reform, which are needed to close the current gap between rhetoric and reality; calls on all the parties involved to ensure continued political engagement, funding and concrete acts of solidarity in support of host countries; calls for the EU and its Member States to take the lead in international efforts, particularly as regards ensuring that the agreements –including the future compacts on refugees and on safe, orderly and regular migration – are swiftly put into practice, establishing follow-up mechanisms as needed;
Amendment 258 #
2015/2342(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that the resettlement of forcibly displaced persons is a responsibility of the international community, whereby UNHCR plays an important role; regrets that the EU so far fails to even live up to its own pledges; considers it crucial to implement as a matter of urgency a coordinated response in third countries to grant asylum for people in need of international protection, instead of leaving the burden on the front- line states or countries neighbouring conflict zones; highlights the fact that financial support is outpaced by the scope and scale of displacement, compounded by the lack of solutions to address the root causes of this forced displacement;
Amendment 324 #
2015/2342(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that EU external action should be forward-looking instead of mainly reactive with changing objectives in response to new crises; recalls that the migration phenomenon stems from a complex set of causes such as aconflict, growing population, poverty, insufficient job creation, political instability, growing inequalities and climate change;
Amendment 385 #
2015/2342(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Takes note of the EU-Turkey statement on migration which aimed to replace illegal migration with legal routes for refugees; the number of deaths has been drastically reduced, but no large scale resettlement has started yet; underlines that the EU-Turkey statement on migration must not be copied as an example for cooperation with other third countries, as long as there are serious concerns about the human rights situation in these countries.
Amendment 448 #
2015/2342(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is extremely concerned by the continuing conflict in Syria, in which violence against civilians and violations of international humanitarian law over the past five years have led to the forced displacement of half of the countrypopulation; expresses its full support to Turkey, Lebanon and Jordan, which continue to demonstrate extraordinary solidarity in hosting millions of refugees in spite of limited resources;
Amendment 536 #
2015/2342(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls onUrges the Commission and the EEAS to provide Parliament and the public with a detailed overview of the various funding instruments and programmes – and how they fit together with Member State programmes – in the 16 priority countries4 with which the EU engages in high-level dialogues on migration, and under the Global Approach to Migration and Mobility (GAMM); is deeply concerned about the selection of the 16 priority countries, as they include repressive regimes which are themselves the main cause of refugees fleeing their countries; recalls that the GAMM remains the overarching framework of the EU external migration and asylum policy, but notes that recent policy initiatives have made limited reference to it and calls for a clarification of the GAMM’s relevance in the current context; _________________ 4 Ethiopia, Eritrea, Mali, Niger, Nigeria, Senegal, Somalia, Sudan, Ghana, Ivory Coast, Algeria, Morocco, Tunisia, Afghanistan, Bangladesh and Pakistan.
Amendment 181 #
2015/2340(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Recommends to the international community to give particular attention to the issue of THB in crisis environments, such as natural disasters and armed conflicts, in order to decrease victims’ vulnerability to traffickers and other criminal networks;
Amendment 211 #
2015/2340(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Calls on the EU to support third countries in their efforts to increase the identification, assistance and reintegration of victims and prosecutions for THB, putting in place and implementing adequate legislation, and harmonising legal definitions, procedures and cooperation in line with international standards;
Amendment 85 #
2015/2316(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Denounces the arbitrary detention and ill-treatment of migrants and refugees, and recalls to mind that detention, in particular of children and their families, is to be confined to cases of absolute necessity and is unacceptable without a fair trial;
Amendment 94 #
2015/2316(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Deplores the fact that a number of states do not have laws protecting migrants even inrefugees, nor do they provide for the possibility to ask for asylum cases and recalls to mind that mass expulsions and ‘refoulement’ are prohibited;
Amendment 108 #
2015/2316(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Deplores the recourse toUnderlines that lists of safe countries which causes a threat to hang over the examination of individual applications for international protecshould not prevent individual assessments of asylum applications;
Amendment 122 #
2015/2316(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls attention to the specific types of violence to which women and young female migrants are subjected; stresses that gender-sensitive policies are necessary, and women´s needs in refugee camps should be taken into consideration;
Amendment 154 #
2015/2316(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates that economic, social and cultural rights, and in particular the rights to health and education, are fundamental rights which migrantrefugees should be able to enjoy in the same way as nationals of the country concerned; is concerned over breaches in labour law with reference to migrants which may lead to their exploitation;
Amendment 178 #
2015/2316(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that freedom of movement and the right to work make migrantrefugees self- sufficient and help further their integration, as does the right to a family life and family reunification;
Amendment 232 #
2015/2316(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Reminds states to ratify all international human rights treaties and conventions, and particularly the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, and the 1951 UN Refugee Convention and its Protocols;
Amendment 236 #
2015/2316(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses the importance of the EU Readmission policy to safeguard the human rights of the returnees, including the monitoring of the situation of returned persons in third countries;
Amendment 272 #
2015/2316(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for Member States to honour their pledge to earmark at least 0.7 % of their gross national income (GNI) to development aid; calls for this aid never to be made conditional upon cooperation on migration matters;
Amendment 288 #
2015/2316(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for safe and legal access routes to be developed for migrants and asylum seekers, festablished for people seeking international protection; calls for permanent and mandatory resettlement programmes to be stepped up, and humanitarian visas granted and visas, including airport transit visas, to be suspended for people fleeing conflict zones;
Amendment 92 #
2015/2315(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the importance of setting up mechanisms to prevent, investigate and remedy human rights violations by corporations in third countries through effective policies, legislation and implementation;
Amendment 106 #
2015/2315(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Asks the European External Action Service (EEAS) to make this issue part of their dialogues with third countries where there are documented widespread violations of human rights by companies;
Amendment 177 #
2015/2315(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to compel companies that use raw materials or commodities that might originate in conflict-affected areas (for example, so- called conflict minerals) to disclose their sourcing and use of such materials by product labelling, to provide complete information on the content and origin of products;
Amendment 102 #
2015/2274(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recognises that differences exist between the EU and Iran onStrongly condemns the use of the death penalty in Iran; nevertheless believes cooperation on anti-narcotics programmes and on the question of juvenile executions, in line with Iran’s own commitments, could provide a common agenda for partly addressing this question;
Amendment 118 #
2015/2274(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes note of the fact that eliminating the death penalty for drug- related offences would drastically reduce the number of executions (up to 80 % according to Iranian estimates), while executions can in no way be justified; calls for EU-Iran cooperation in the fight against drugs as a way of addressing the issue of executions in the country; calls on the Commission to provide technical assistance and administrative capacity- building for Iran to enable it to secure its borders with Afghanistan and Iraq;
Amendment 214 #
2015/2274(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes note of the fact that Iran hosts 3 million Afghan refugees; regrets that a large influx of young Afghan men into Turkey and the EU was caused by covert recruitment of Afghan fighters by Iran to fight for Syrian president Assad; welcomes the additional EUR 6.5 million of EU funding to support Iran in the education and health care of the Afghan population in the country; believes that EU-Iran cooperation on refugee management can enhance mutual understanding, promote improved respect for international law and the lives of refugees themselves, as well as contributing to conflict resolution in order to reduce the causes of current and future refugee movements;
Amendment 285 #
2015/2274(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes EU-Iran political dialogue should call on Iran to play a constructive role in solving the political crises in Iraq, Yemen, Syria, Lebanon and Afghanistan, based on respect for international law and the sovereignty of these countries; regrets however that Iran's role in the Syrian war has significantly impacted the magnitude and longevity of the conflict; calls, in this regard, for a model of EU diplomacy based on political rather than religious differences and on the principle of ensuring respect, safety and security for peoples in all countries in the Middle East, without exception;
Amendment 408 #
2015/2274(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes the fact that the adoption of the 2013 Islamic Penal Code and Iran’s ratification of the UN Convention on the Rights of the Child prohibits child executions and allows all juvenile offenders sentenced to death prior to 2013 to seek retrial; calls on Iran to ensure this prohibition is fully implemented and that all relevant offenders are made aware of this right; calls on Iran to declare a moratorium on the death penalty, at least for juvenile offenders;
Amendment 430 #
2015/2274(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on Iran to live up fully to its commitments under the Constitution of the Islamic Republic of Iran, the International Covenant on Political and Civil Rights and the International Covenant on Economic, Social and Cultural Rights by ensuring the enjoyment by its citizens of individual rights without discrimination as to sex, language, religion, political or other opinion, national or social origin, sexual preference, or other status, as provided for in these instruments; points out that this includes a basic right to equality before the law, as well as the right of equal access to education, health care and professional opportunities;
Amendment 458 #
2015/2274(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes President Rohani’s campaign promise to present a charter for citizens’ rights; underlines the importance of respecting the rule of law and the independence of the judiciary in providing the necessary legal certainty required for foreign direct investments to take place; calls on the EEAS and the Commission to work together with the Iranian authorities in areas such as judicial reform, reform of the prison system, government accountability, respect for the rule of law, citizens’ rights and the fight against corruption; calls on the Iranian authorities to release all political prisoners and unjustly imprisoned EU citizens; believes that these measures will increase legal certainty in Iran and the country’s attractiveness to foreign investors while also benefiting Iranian citizens.;
Amendment 205 #
2015/2254(INL)
Motion for a resolution
Recital S
Recital S
Amendment 214 #
2015/2254(INL)
Motion for a resolution
Recital T
Recital T
Amendment 271 #
2015/2254(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines that an effective rule of law mechanism can only be established by involving national governments and civil society organizations;
Amendment 287 #
2015/2254(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that a culture of respect for the rule of law needs to be nourished and that this can be done best by strengthening independent national institutions;
Amendment 70 #
2015/2095(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in 2015, over 3.771 persons are reported dead or missing in the Mediterranean sea, according to the International Organisation for Migration8 ; whereas children represent 30 per cent of all recorded deaths in the Aegean Sea[1]; whereas according to recent Europol data at least 10 000 unaccompanied children have disappeared after arriving in Europe [1] IOM and UNICEF, Data Brief: Migration of Children to Europe, http://www.iom.int/sites/default/files/press _release/file/IOM-UNICEF-Data-Brief- Refugee-and-Migrant-Crisis-in-Europe- 30.11.15.pdf __________________ 8 IOM, Missing Migrants Project, http://missingmigrants.iom.int/.
Amendment 234 #
2015/2095(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Starts from the premise that saving lives must be a first priority and that proper funding, at Union and Member State level, for search and rescue operations is essential; notes that there has been an increase in the number of irregular arrivals by sea and an alarming increase in the number of deaths at sea, and that a better European response is still required, as thousands of people have died at sea on their attempted travel to the EU;
Amendment 414 #
2015/2095(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is of the opinion that, in addition to the criteria contained in the Relocation Decisions, namely the GDP of the Member State, the population of the Member State, the unemployment rate in the Member State, and the past numbers of asylum seekers in the Member State, consideration should be given to are fair and sufficient in order two other criteria, namely, the size of the territory of the Member State and the population density of thedetermine the number of persons to be relocated to a certain Member State;
Amendment 475 #
2015/2095(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines that there is a need for a permanent Union-wide resettlement programme, with mandatory participation by Member States, providing resettlement for a meaningful number of refugees, having regard to the overall number of refugees seeking protection , also discouraging the Unionuse of dangerous, illegal routes;
Amendment 487 #
2015/2095(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points out that humanitarian admission can be used as a complement to resettlement in order to give urgent protection, often on a temporary basis, to the most vulnerable where needed, e.g. unaccompanied minors, single mums, LGBTI or refugees with disabilities;
Amendment 687 #
2015/2095(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Reaffirms that better recognition of foreign qualifications is one practical way of ensuring that those third-country nationals already present in the Union can integrate better, and calls on the Commission to come forward with appropriate proposals in that regard, encourages language courses to be provided as soon as possible so the integration process is not unnecessary delayed;
Amendment 759 #
2015/2095(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Acknowledges that, in the light of the fact that, in 2014, 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is a need to improve the effectiveness of the Union’s return system; underlines that an effective return policy is crucial to maintain public support for hosting those in need of international protection;
Amendment 1026 #
2015/2095(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Calls on the Union to help third countries build up their asylum systems and integration strategies in order to allow third country nationals in need of international protection to seek protection there; encourages third countries to sign and ratify the 1951 UN Convention on Refugees and its 1967 Protocol; believes that the Union must adopt a win-win approach to cooperation with third countries, that is, an approach that is beneficial to the Union, to the third country in question and to the refugees and migrants in that third country;
Amendment 1035 #
2015/2095(INI)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Recalls that the Union has intensified its external cooperation with third countries in migration and asylum in order to respond adequately to the current refugee crisis, and has launched new cooperation initiatives, such as the EU-Turkey Joint Action Plan; emphasises, in that respect,commends Turkey for hosting the largest refugee population in the world, with about 2,5 million registered refugees from Syria; emphasises the need for all parties to fulfil their commitments deriving from the Joint Action Plan, including addressing the root causes leading to the massive influx of Syrians, stepping up cooperation for the support of Syrians under temporary protection and their host communities in Turkey, and for Turkey to fulfil its commitments to prevent irregular migration flows from its territory to the Union; welcomes, in this respect, the recent decision by the Turkish government to open its labour market for Syrian refugees;
Amendment 1114 #
2015/2095(INI)
Motion for a resolution
Paragraph 95 a (new)
Paragraph 95 a (new)
95a. Recommends that EU funding meant to improve the situation of refugees in third countries, must also come to the benefit of host communities in order to maintain social peace;
Amendment 30 #
2015/2063(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the terrorist attacks in Paris, Copenhagen and Tunis in early 2015 highlight the security threat which is posed by the presence and movement of these foreign fighters and radicalised homestayers in Europe; whereas the European Union has condemned these attacks in the strongest terms and has committed itself to combat terrorism alongside the Member States;
Amendment 81 #
2015/2063(INI)
Motion for a resolution
Recital F
Recital F
F. whereas European action is required as a matter of urgency to prevent the radicalisation and recruitment of European citizens in order to contain this growing phenomenon so as to stem the flow of departures by European citizens to conflict zones, deradicalise the homestayers, and prevent other terrorist acts from being committed on European soil;
Amendment 174 #
2015/2063(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to publish guidelines on measures to be implemented in Europe's prisons aimed at preventing Europeans from becoming radicalised; recommends that the Member States segregate radicalised inmates within their prisons in order to prevent radicalism from being imposed through intimidation on other inmates and to contain radicalisation in those institutions;
Amendment 232 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the internet plays a significant role in fuelling the radicalisation of European citizens, as it facilitates the rapid, large-scale distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have on young people, who are particularly vulnerable; calls for a dialogue to be launched at European level with the internet giants with a view to preventing the online distribution of hate messages and to eradicating them swiftly; notes however that the internet must not be seen as a main cause for radicalisation but rather as a medium;
Amendment 246 #
2015/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Feels that the internet giants should be made aware of their responsibilities so that they delete illegal content as quickly as possible; believes that the Member States should plan for the possibility of bringing criminal prosecutions against digital actors who do not take action in response to the spread of illicit messages or messages praising terrorism on their internet platforms; believes that refusal or failure to cooperate on the part of internet platforms which allow such messages to circulate should be considered an act of complicity with praising terrorism and should consequently be punished;
Amendment 293 #
2015/2063(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. States that the internet giants, through internet referencing, have the power to promote radicalisation prevention messages aimed at countering messages that praise terrorism; feels that it is thus their duty to highlight messages that oppose hate speech and praise for terrorism, therebymore needs to be done to makinge online radicalisation more difficult;
Amendment 307 #
2015/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 346 #
2015/2063(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that schools and education have an important role to play in preventing radicalisation; recalls the crucial role that schools play in helping to promote integration and develop critical thinking; calls on the Member States to investigate the possibility of introducing, where it does not already exist, education on religious issues in schools;
Amendment 367 #
2015/2063(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the European Union to carry out a communication campaign to raise the awareness of young people, as well as supervisory staff, as regards issues of radicalisation; calls on the Member States to introduce specialist training for teaching staff so that they can detect any suspicious changes in behaviour and properly supervise young people who are at risk of being recruited by terrorist organisations or are likely to radicalise at home with the risk of becoming 'lone wolves';
Amendment 397 #
2015/2063(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that it is vital to engage in dialogue with the various religious communities in order to help reach a better understanding of the phenomenon of radicalisation; draws the Member States' attention to the issue of training religious leaders in order to prevent preachers of hate from appearing in places of worship in Europe, and also of training prison chaplains, particularly when they are around prisoners deemed to be radicalised; Calls on the Member States to set up a joint list of hate preachers from third countries, based on a set of criteria, in order to prevent them from entering the European Union on a Schengen Visa;
Amendment 426 #
2015/2063(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Feels that those local actors have a crucial role to play in the development of projects adapted to their towns or organisations, in addition to their role as an integrating factor for those European citizens who feel at odds with society and tempted by radicalisation; feels that the Member States should support the establishment of structures facilitating, in particular, the supervision of young people, as well as exchanges with families, schools, religious communities and its leaders, hospitals, universities and so on; notes that such associations and organisations, which do not bear the mark of governments, sometimes achieve better results in reintegrating citizens who are on the path towards radicalisation into society;
Amendment 445 #
2015/2063(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Member States to fight socio-economic factors that contribute to radicalisation such as social exclusion, unemployment, discrimination and a general sense of exclusion from society; stresses however that socio-economic factors alone cannot explain radicalisation
Amendment 458 #
2015/2063(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 494 #
2015/2063(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 560 #
2015/2063(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates that making good use of existing instruments such as the SIS and VIS systems constitutes the first step in stepping up external border security in order to identify EU citizens who may be leaving for conflict zones; these existing instruments should also be used set up a list, based on a set of criteria, in order to prevent hate preachers and extremist recruiters from entering the European Union;
Amendment 588 #
2015/2063(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Acknowledges that the phenomenon of radicalisation and recruitment of EU citizens is a global phenomenon; believes that the response to this phenomenon ought to be international and not just local or European; considers therefore that cooperation with EU partner countries that are facing similar challenges, such as Tunisia, Turkey, Canada or the United States, has to be stepped up;
Amendment 53 #
2015/2036(INI)
Motion for a resolution
Recital G
Recital G
G. whereas Turkey is an EU candidate country, a NATO ally, a naval power, an active regional foreign policy player and a key partner for the EU, not least in matters concerning energy and border security; whereas Turkey’s strategic location is also of high relevance to the other major threat facing both NATO and the EU, the self- proclaimed Daesh (Islamic State);
Amendment 60 #
2015/2036(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the EU, NATO and the US have condemned the ‘treaty’ signed in November 2014 between Russia and the separatist authorities in Abkhazia and the ´treaty´ signed in March with South Ossetia, and have reaffirmed their support for the sovereignty and territorial integrity of Georgia;
Amendment 142 #
2015/2036(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Condemns the fact that Russia is providing direct and indirect support to the separatist actions, thereby facilitating the continuation of war; is concerned by the reports of war crimes committed in the region controlled by Russia-backed separatists; urges Russia to use its influence to halt hostilities, including the shooting down of the civilian passenger plane MH-17; urges Russia to use its influence to halt hostilities and reiterates that the war crimes committed cannot fall under any amnesty;
Amendment 170 #
2015/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that, in the event that Russia does not honour the Minsk ceasefire agreement, and continues the destabilisation of eastern Ukraine and the illegal annexation of Crimea, the sanction regime should not only be continued and evenbut also strengthened;
Amendment 199 #
2015/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on Russia to respect the human rights of the local population in Crimea, especially the native Crimean Tatars, thousands of whom have left their homeland for fear of persecution and have sought refuge in other regions in Ukraine;
Amendment 135 #
2015/2002(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes in the continued value of its initially stated objective of creating an area of prosperity and good neighbourliness, based on the founding values and principles of the Union, through a deep structural transformation in the neighbouring countries; reiterates that strengthening the rule of law, support for democracy and human rights is in the interest of the partner countries; stresses therefore the need to go back to basics and bring this objective back to the top of the agenda;
Amendment 161 #
2015/2002(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the renewed policy must be more strategic, with a real political vision, and politically driven; calls for special envoys to be appointed for the East and the South, with the task of politically coordinating the revised policyand politically driven; calls on the EU to formulate a clear political vision on the ENP, and to pay special attention to its own political priorities in the Eastern and Southern neighbourhoods; calls for special envoys to be appointed for the East and the South, with the task of politically coordinating the revised policy; stresses the need for proper coordination between the special envoys, the HR/VP, the Commissioner for European Neighbourhood Policy and Enlargement Negotiations, the EU Delegations and EU Special Representatives to avoid duplication of efforts;
Amendment 215 #
2015/2002(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Regrets the limited resources allocated to the EU's cooperation with its partners within its neighbourhood, notably in comparison with other stakeholders; emphasizes the need for strengthening accountability and transparency mechanisms in the partner countries to ensure that they have the capacity to absorb and spend the funds in a responsible way;
Amendment 268 #
2015/2002(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the ENP should deploy its own methodology and tools, tools, and assessment criteria, which correspond to the level of ambition and goals that the different ENP countries aspire to in their relations with the EU;
Amendment 293 #
2015/2002(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that enlargement and neighbourhood policies are separate policies with different objectives; reiterates, however, that European countries within the ENP, as any European country, can apply for membership if they satisfy the criteria and conditions of admission under Article 49 TEU;
Amendment 370 #
2015/2002(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the need to implement conditionality in relation to reform processes and to strictly apply the 'more for more' principle; emphasises that the EU cannot compromise its fundamental values and should avoid creating double standards; stresses that countries that are making progress in implementing reforms and following European policy should be granted more substantial support;
Amendment 408 #
2015/2002(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that security and stability are basic concerns in the neighbourhood and that current developments in the region call for a strong security component in the ENP, which has regrettably been missing to date; stresses that security, stability and development go hand in hand and a comprehensive approach is needed to address the security concerns in the region;
Amendment 600 #
2015/2002(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes that high unemployment, social exclusion and poverty, and lack of protection of minority rights, combined with the low political participation of women, are root causes of instability, and demands engagement beyond the Deep and Comprehensive Free Trade Areas (DCFTAs);
Amendment 628 #
2015/2002(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Emphasises that for the ENP to be a successful policy, it should also ensure that there is ownership by theall Member States; calls on the Commission, therefore, to reinforce policy coordination and joint programming of financial assistance, and to provide mechanisms to foster consultation between the Member States, EU structures and neighbouring countries;
Amendment 642 #
2015/2002(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Stresses that progress reports should focus on the implementation of the priorities identified in the action plans and reflect the level of engagement of the partner country; reiterates its call for the data contained in the reports to be put into perspective by bearing in mind the national context and by including trends from the previous years; calls on the EU to employ more qualitative means of measuring the extent of progress in the partner countries;
Amendment 10 #
2015/2001(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU has for decademany years striven to build a mutually beneficial strategic partnership with Russia based on shared values and principles and on common interests; whereas the EU remains open to such a relationship and to dialogue leading to it, and wishes to return to a cooperative relation with Russia;
Amendment 20 #
2015/2001(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, in reaction to and despite Russia’s aggression against Georgia and violation of its territorial integrity in 2008, the EU opted for an increased cooperation model as a way to appeasewith Russia; whereas, in line with this, rather than taking restrictive measures, a series of generous initiatives for deeper cooperation – such as the common spaces, the Partnership for Modernisation, the negotiations on a New EU-Russia Agreement, and the Human Rights dialogue – have been launched or deepened;
Amendment 36 #
2015/2001(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Russia has – by illegally annexing Crimea and waging an undeclared warits further aggression against Ukraine, with the direct participation of Russian military units, and by deliberately destabilising this neighbouring sovereign and independent country – profoundly and for a long time damaged its relationship with the EU by jeopardising the basic principles of Europe’s security by not respecting borders and by breaking its international commitments, notably under the United Nations Charter, the Helsinki Final Act and the Budapest Memorandum;
Amendment 55 #
2015/2001(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Russia is the instigator of and, directly or indirectly, party to a number of ‘frozen conflicts’ in its neighbourhood – in Transnistria, South Ossetia, Abkhasia, and Nagorno Karabakh – that constitute serious impediments to the development and stability of the neighbouring countries concernedMoldova, Georgia, Armenia and Azerbaijan;
Amendment 75 #
2015/2001(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in reaction to Russia’s covert military invasion ofaggression against Ukraine, the EU has adopted a stage-by-stage series of restrictive measures; whereas similar sanctions have been adopted by a number of other countries in reaction to Russia’s aggression;
Amendment 93 #
2015/2001(INI)
Motion for a resolution
Recital F
Recital F
F. whereas these restrictive targeted measures are not directed against the Russian people but aim at stimulating a change in Russian policy towards, and actions in, the common neighbourhood; whereas the sanctions could be lifted, partially or fully, as soon as Russia commits itself to fully implementing, fully and honestly, the provisions of the Minsk agreements and the return of Crimea to Ukraine; whereas the sanctions will be strengthened should Russia chose to do otherwise and refrain from taking any positive step to change its policy;
Amendment 108 #
2015/2001(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the EU has firmly supported Russia’s accession and participation in different international organisations and fora, such as the G8, the G20 and the WTO; whereas this strategy of including Russia in international decision-making bodies has not had the results expected but instead created tensions owing to Russia’s habit of breaching rules, e.g. its non-compliance with WTO standards and obligations (by introducing a number of discriminatory measures against individual EU Member States and other countries in its neighbourhood), its failure to implement more than a thousand judgements of the European Court of Human Rights, etc.;
Amendment 174 #
2015/2001(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates that, in the light of Russia’s direct and indirect involvement in the war in Ukraine, amounting to a deliberate violation of the core of the democratic principles and values sustained by the EU and widely shared internationally, the EU cannot envisage a return to ‘business as usual’; calls under the current circumstances; calls, therefore, for a critical re-assessment by the EU of its relations with Russia, and for the drafting, as promptly as possible, of a soft-power contingency plan should Russia decide to counter theinue its aggressive and divisive policies conducted by Russia against the EU and its partners;
Amendment 197 #
2015/2001(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that at this point, Russia, because of its actions, can no longer beis not treated as, or considered, a ‘strategic partner’; points out that a possible future strategic partnerships are only conceivable with countries that do not jeopardise would have to be based on respect for the international order, which is based on democracy, state sovereignty (including the choice of internal constitutional order and foreign policy orientation), the inviolability of state borders, respect for the rule of law and the principles of international trade, and mutual trust;
Amendment 245 #
2015/2001(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines that EU-Russia relations must henceforth be based on the rule of law and on preconditioned dialogue, whereby; stresses the need for dialogue without preconditions, whereby, however, the EU would only be ready to relaunch full cooperation with the authorities in Moscow on the condition that Russia unambiguously and without pretence takes its share of responsibility and fully implements the Minsk Agreements; stresses that in order to ensure that such a dialogue – if renewed (for which the return of Crimea to Ukraine would be a prerequisite) – is not conductedfully implements the Minsk Agreements; stresses that any outcome of such a dialogue is not at the expense of European values, standards and international commitments, it would be necessary to specify very clearly the EU’s expectations of Russia, along with the retaliatory measures it would take should Russia not keep to its commitments;
Amendment 281 #
2015/2001(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Commends the solidarity and the unity demonstrated by the Member States in the context of Russia’s undeclared war against Ukraine, allowing the adoption and further extension of responsive measures; calls on the Member States to consider as an absolute priority the preservation of this unity; reiterates that unity and solidarity amongst the Member States, as well as between the EU and the Eastern Partnership countries, is essential for ensuring the effectiveness of the EU’s policies and its ability to withstand external challenges and pressures; stresses that EU Member States should refrain from bilateral agreements with Russia like providing naval or air bases to Russian military or deals on nuclear power plants while the EU sanctions against Russia are still in place;
Amendment 396 #
2015/2001(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 165 #
2015/0310(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) During a border surveillance operation at sea, a situation may occur where it will be necessary to render assistance to persons found in distress. In accordance with international law, every State must require the master of a vessel flying its flag, in so far as he can do so without serious danger to the vessel, the crew or the passengers, to render assistance without delay to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress. Such assistance should be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found. The shipmaster and crew should not face criminal penalties for the sole reason of having rescued persons in distress at sea and brought them to a place of safety.
Amendment 168 #
2015/0310(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) At particular areas of the external borders where Member States face disproportionate migratory pressures characterised by large influxes of mixed migratory flows, referred to as hotspot areas, the Member States should be able to rely on the increased operational and technical reinforcement by the migration management support teams composed of teams of experts deployed from Member States by the European Border and Coast Guard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies, as well as experts from the staff of the European Border and Coast Guard Agency. The European Border and Coast Guard Agency should assist the Commission in the coordination among the different agencies on the ground.
Amendment 291 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) Search and Rescue Operations for persons in distress at sea;
Amendment 499 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Agency shall assess theOn the basis of the risk analysis prepared in accordance with Article 10(3), the Executive Director shall propose to the Management Board a set of objective criteria against which the Agency shall carry out vulnerability assessments of all Member States with external borders. Before proposing that set of objective criteria, the Executive Director shall consult with and take into account the views of the Fundamental Rights Officer with a view to ensuring that the criteria against which vulnerability is assessed reflect the need to ensure the respect of fundamental rights in accordance with Union law in all aspects of border control. That vulnerability assessment shall seek to assess the available infrastructure (including reception capacity), technical equipment, systems, capabilities, resources, and contingency plans of the Member States regardingin the context of border control. That assessment shall be based on information provided by the Member State and by the liaison officer, on information derived from Eurosur, in particular the impact levels attributed to the external land and sea border sections of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency.
Amendment 71 #
2015/0281(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The terrorist threat has grown and rapidly evolved in recent years. Individuals referred to as "foreign terrorist fighters" travel abroad for terrorism purposes. Returning foreign terrorist fighters pose a heightened security threat to all EU Member States. Foreign terrorist fighters have been linked to several recent attacks or plots, including the attacks in Paris on 13 November 2015. In addition, the European Union and its Member States face increased threats from individuals inspired or instructed by terrorist groups abroad but who remainand within Europe.
Amendment 72 #
2015/0281(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Considering that the internet is being used for terrorist propaganda and recruitment, Member States should take appropriate measures for flagging illegal content on the internet and facilitating the detection of such content, and cooperate with each other, with Europol and other relevant Union agencies, as well as with civil society organisations active in this field.
Amendment 83 #
2015/0281(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Taking account of the evolution of terrorist threats and legal obligations to the Union and Member States under international law, the definition of terrorist offences, including offences related to a terrorist group and offences related to terrorist activities, should be further approximated in all Member States, so that it covers more comprehensively conduct related to in particular foreign terrorist fighters and terrorist financing. These forms of behaviour should be punishable also if committed through the Internet, including social mediawhile respecting the principle of proportionality, with regard to the legitimate aims pursued and to the necessity of criminalisation in a democratic society.
Amendment 89 #
2015/0281(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Nothing in this directive shall have the effect of altering the rights, obligations and responsibilities of the Member States, humanitarian organisations and individuals under international law. The activities of parties to armed conflict, which are governed by international humanitarian law within the meaning of these terms under that law, and, inasmuch as they are governed by other rules of international law, are not governed by this Directive. Humanitarian activities carried out by impartial humanitarian organisations internationally recognised should not be considered as contributing to the criminal activities of terrorist groups.
Amendment 93 #
2015/0281(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The offences related to terrorist activities are of a very serious nature as they have the potential to lead to the commission of terrorist offences and enable terrorists and terrorist groups to maintain and further develop their criminal activities, justifying the criminalisation of such conduct.
Amendment 102 #
2015/0281(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The offenses related to public provocation to commit a terrorist offence act may comprise, inter alia, the glorification and justification of terrorism or the dissemination of messages or images including those related to the victims of terrorism as a way to gain publicity for the terrorists cause or seriously intimidating the population, provided that such behaviour causes a danger that terrorist acts may be committed. To strengthen action against public provocation to commit a terrorist offence, Member States may take measures to remove webpages publicly inciting to commit terrorist offences. Such measures should be taken after adequate control by the judicial authority, in order to guarantee their proportionality and the full respect of fundamental rights and procedural safeguards.
Amendment 107 #
2015/0281(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Considering the seriousness of the threat and the need to in particular stem the flow of foreign terrorist fighters, it is necessary to criminalise the travelling abroad for terrorist purposes, being not only the commission of terrorist offences and providing or receiving training but also to participate in the activities of a terrorist group. Any act of. The act of travelling should be criminalised only when the terrorist purpose of the travel is proven by objective circumstances and facilitation of such travel should also be criminalised.
Amendment 118 #
2015/0281(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Terrorist financing should be punishable in the Member States and cover the financing of terrorist acts, the financing of a terrorist group, as well as other offences related to terrorist activities, such as the recruitment and training, or travel for terrorist purposes, with a view to disruptiIn a coherent manner with Directive 2015/849/EU on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, terrorism funding should be punishable in the Member States and cover the financing of terrorist acts, the financing of a terrorist group, as well as travels for terrorist purposes. Any physical or legal person sanctioned for terrorism financing shall be allowed to challenge the support structures facilitating the commission of terrorist offences. Aiding and abetting or attempting terrorist finrelevant decision rapidly and effectively before anc ing should also be punishabledependent authority.
Amendment 127 #
2015/0281(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Given the convergence between organised crime and terrorist groups, fighting against organised crime should be part of any strategy in the fight against the financing of terrorism.
Amendment 130 #
2015/0281(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Furthermore, tThe provision of material support for terrorism through persons engaging in or acting as intermediaries in the supply or movement of services, assets and goods, including trade transactions involving the entry into or exit from the Union should be punishable in the Member States, as aiding and abetting terrorism or as terrorism financing if performed with the knowledge that these operations or the proceeds thereof are intended to be used, in full or in part, for terrorist purposes or will, including smuggling of cultural heritage items, should be punishable in the Member States, if performed with the intent of benefiting terrorist groups.
Amendment 137 #
2015/0281(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The attempt to travel abroad for terrorist purposes, shouldMember States may punish the attempt to travel outside the Union when such a travel results, from objectives circumstances, to be punishable, as well as the attempt toequivocally directed to commit terrorist acts or receiving or provideing training and recruitment for terrorismt purposes.
Amendment 140 #
2015/0281(COD)
Proposal for a directive
Recital 13
Recital 13
(13) With regard to the criminal offences provided for in this Directive, the notion of intention must apply to all the elements constituting those offences. The intentional nature of an act or omission mayshould be inferred from objective, factual circumstances.
Amendment 144 #
2015/0281(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Furthermore, pPenalties should be provided for natural and legal persons having committed or being liable for such offences, which reflect the seriousness of such offences.
Amendment 146 #
2015/0281(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Jurisdictional rules should be established to ensure that the terrorist offences of cross-border nature may be effectively prosecuted. In particular, it appears necessary to establish jurisdiction for the offences committed by the providers of training for terrorism, whatever their nationality, in view of the possible effects of such behaviours on the territory of the Union and of the close material connexion between the offences of providing and receiving training for terrorism.
Amendment 152 #
2015/0281(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) To ensure the success of investigations and prosecution of terrorist offences, offences related to a terrorist group and offences related to terrorist activities, those responsible for investigating and prosecuting such offences shall have the possibility to make use of effective investigative tools such as those used in combating organised crime and other serious crimes. Such tools should be proportionate to the nature and gravity of the offences under investigation. In order to ensure the respect of the fundamental rights and freedom and the presumption of innocence and effective procedural safeguards, the use of such investigative tools should always be subject to the control of a judicial authority, and mass surveillance should never be allowed. Every individual should dispose of effective remedies to challenge any violation of his fundamental rights.
Amendment 156 #
2015/0281(COD)
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15b) In order to prevent and combat terrorism, a closer cross-border cooperation among the competent national authorities is needed with regard to timely exchange of relevant information from court records or other available sources on detainees and persons who are or have been subject to criminal proceedings or assets freezing.
Amendment 164 #
2015/0281(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Member State should adopt specific measures of protection, support and assistance responding to the specific needs of victims of terrorism, further qualifying and deepening the rights already contained in the Directive 2012/29/EU of the European Parliament and the Council28 . Victims of terrorism are those defined in Article 12 of the Directive 2012/29/EU, in relation to terrorist offences as referred to in Article 3. The measures to be taken by Member States should ensure that in the event of a terrorist attack, the victims of terrorism will obtain emotional and psychological support, including trauma support and counselling, and any relevant legal, practical or financial information and advice. __________________ 28 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA of 15 March 2001(OJ L 315, 14.11.2012 p. 37).
Amendment 175 #
2015/0281(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Member States should co-operate among each-other to ensure that access to information about the victims' rights, about available support services and about accessible compensation schemes is provided to all victims of terrorism. Moreover the Member States should ensure that victims of terrorism have access to a long-term support services in the country of their residence, even if the terrorist offence took place in another EU country.
Amendment 178 #
2015/0281(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Repressive measures should be complemented by long-term policies to prevent the radicalisation and recruitment by terrorist organisations. Strategies on social inclusion, education, and policies tackling discrimination and exclusion to stop vulnerable individuals joining violent extremist organisations, as well as the provision of effective exit-programmes and exit-strategies, are crucial to countering terrorism.
Amendment 185 #
2015/0281(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Given that the objectives of this Directive cannot be sufficiently achieved by the Member States unilaterally and can therefore, because of the need for European-wide harmonised rules, be better achieved at the level of the Union, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article 5, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 190 #
2015/0281(COD)
Proposal for a directive
Recital 19
Recital 19
(19) This Directive respects the principles recognised by, in accordance with Article 2 and 6 of the Treaty on the European Union, respects fundamental rights and freedoms and observesthe European Convention for the protection of human rights and fundamental freedoms, and other relevant obligations under international law, should not have the effect of requiring Member States to take measures arbitrarily or unnecessarily limiting fundamental rights and freedoms and the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including those set out in Chapters II, III, V and VI thereof which encompass inter alia the right to liberty and security, freedom of expression and information, freedom of association and freedom of thought conscience and religion, the general prohibition of discrimination in particular on grounds of race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, the right to respect for private and family life and the right to protection of personal data, the principle of legality and proportionality of criminal offences and penalties, covering also the requirement of precision, clarity and foreseeability in criminal law, the presumption of innocence as well as freedom of movement as set forth in Article 21(1) of the Treaty on the Functioning of the European Union and Directive 2004/38/EC. This Directive has to be interpreted and implemented in accordance with these rights and principles.
Amendment 196 #
2015/0281(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The implementation of the criminalisation under this Directive should be proportional to the nature and circumstances of the offenceach case, with respect to the legitimate aims pursued and to their necessity in a democratic society, and should exclude any form of arbitrariness or discrimination.
Amendment 201 #
2015/0281(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Theis Directive should replaces Framework Decision 2002/475/JHA29 for the Member States bound by this Directive. __________________ 29 As amended by Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA (OJ L 330, 9.12.2008, p. 21).
Amendment 205 #
2015/0281(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of terrorist offences, offences related to a terrorist group and offences related to terrorist activities, as well as specific measures of protection of and assistance and support to victims of terrorism.
Amendment 208 #
2015/0281(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) "terrorist group" shall mean: a structured group of more than two persons, established over a significant period of time and acting in concert to commit various terrorist offences
Amendment 212 #
2015/0281(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Structured group" shall mean a group that have the purpose and the potential of committing various terrorist offences, that is not randomly formed for the immediate commission of an offence and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure.
Amendment 220 #
2015/0281(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) undulysing violence or the threat of violence to compelling a Government or international organisation to perform or abstain from performing any act,
Amendment 236 #
2015/0281(COD)
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) seriously threatening to commit any of the acts listed in points (a) to (hc).
Amendment 241 #
2015/0281(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Each Member State shall take the necessary measures to ensure that the following acts, when committed intentionally and unlawfully, are punishable as a criminal offence:
Amendment 242 #
2015/0281(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) participating in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way, with knowledge of the fact that such participation will significantly contribute to the criminalterrorist activities of the terrorist group.
Amendment 245 #
2015/0281(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The provision of humanitarian activities by internationally recognised humanitarian organizations shall not be considered as contributing to the criminal activities of the terrorist groups.
Amendment 249 #
2015/0281(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall take the necessary measures to ensure that the distribution, or otherwise making available, of a message to the public, with the clear intent to incite the commission of one of the offences listed in points (a) to (h) of Article 3(2), where such conduct, whether or not directly advocating terrorist offences, causes a substantial and imminent danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally and unlawfully.
Amendment 259 #
2015/0281(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Fundamental principles relating to freedom of expression 1. This Directive shall not have the effect of requiring Member States to take measures in contradiction to fundamental rights and principles, especially those relating to freedom of thought and expression, in particular for the press and other media, as they result from fundamental principles governing the rights and responsibilities of, and the procedural guarantees for, the press or other media where these rules relate to the determination or limitation of liability. 2. Nothing in this Directive should be interpreted as being intended to reduce or restrict the dissemination of information for scientific, academic or reporting purposes. The expression of radical, polemic or controversial views in the public debate on sensitive political questions, including terrorism, falls outside the scope of this Directive and, in particular, of the definition of public provocation to commit terrorist offences.
Amendment 280 #
2015/0281(COD)
Proposal for a directive
Article 9 – title
Article 9 – title
Travelling abroad for the purpose of terrorism
Amendment 283 #
2015/0281(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall take the necessary measures to ensure that travelling to another country for the purpose of the commission of or contribution to a terrorist offence referred to in Article 3, the participation in the activities ofoutside the Union which is not that of traveller's nationality or residence, directly or by transiting through one or several Member States, for the purpose of the commission of or contribution to a terrorist groupoffence referred to in Article 43, or the providing or receiving of training for terrorism referred to in Articles 7 and 8 is punishable as a criminal offence when committed intentionally.
Amendment 290 #
2015/0281(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Organising or otherwise facilitating travelling abroad for the purpose of terrorism
Amendment 291 #
2015/0281(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall take the necessary measures to ensure that any act of organisation or facilitation that assistsing or any acts that makes possible for any person into travelling abroad for the purpose of terrorism, as referred to in Article 9, knowing that the assistance thus rendered is for that purpose, is punishable as a criminal offence when committed intentionally and unlawfully. Member States may not punish those whose assistance to the traveller is justified only by family reasons.
Amendment 294 #
2015/0281(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to ensure that providing or collecting funds, by any means, directly or indirectly, with the intent that they should be used, or knowing that they are to be used, in full or in part, to commit any of the offence(s)s referred to in Articles 3 to 10 and 12 to 14 or 16, 4 and 9 is punishable as a criminal offence when committed intentionally.
Amendment 324 #
2015/0281(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
For an offence referred to in Article 4 and Title III to be punishable, it shall not be necessary that a terrorist offence be actually committed, nor shall it be necessary to establish a link to a specific terrorist offence or, insofar as the offences in Articles 9 to 11 are concerned, to specific offences related to terrorist activities.
Amendment 326 #
2015/0281(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Each Member State shall take the necessary measures to ensure that aiding or abetting an offence referred to in Articles 3 to 8, 6, 7 and 112 to 14 is made punishable.
Amendment 330 #
2015/0281(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Each Member State shall take the necessary measures to ensure that inciting an offence referred to in Articles 3 to 14 is made punishable when it provokes the commission of, or the attempt to commit, one of those offences.
Amendment 332 #
2015/0281(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Each Member State shall take the necessary measures to ensure that attempting to commit an offence referred to in Articles 3, 6, 7, 9 and 112 to 14, with the exception of possession as provided for in point (f) of Article 3(2) and the offence referred to in pointoffences laid down in point (f) to (i) of Article 3(2), is made punishable.
Amendment 338 #
2015/0281(COD)
Proposal for a directive
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. In line with Directive 2014/42/EU, Member States should provide for the freezing and confiscation of assets used to commit or resulting from the commission of the offences laid down in this directive.
Amendment 340 #
Amendment 341 #
2015/0281(COD)
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 343 #
2015/0281(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b – introductory part
Article 18 – paragraph 1 – point b – introductory part
(b) provides the administrative or judicial authorities with information which they would not otherwise have been able to obtain, helping them to:
Amendment 344 #
2015/0281(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b – point 2
Article 18 – paragraph 1 – point b – point 2
(2) identify or bring to justice the other offenders;
Amendment 351 #
2015/0281(COD)
Proposal for a directive
Article 20 – paragraph 1 – point e a (new)
Article 20 – paragraph 1 – point e a (new)
(ea) freezing and confiscation of assets used for or resulting from the commission of one of the criminal offences laid down in this directive, as provided by Directive 2014/42/EU.
Amendment 360 #
2015/0281(COD)
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Fundamental rights and principles 1. This Directive shall not have the effect of altering the obligation to respect fundamental rights and principles enshrined in the Charter of Fundamental Rights of the European Union and Articles 2 and 6 of the Treaty on European Union, as well as in the European Convention for the Protection of Human Rights and Fundamental Freedoms and International humanitarian law, and shall be implemented and interpreted in accordance with these rights and principles. 2. Any restriction to fundamental rights and freedoms must be provided for by the law and be necessary and proportionate for the aim pursued. 3. Any person whose fundamental rights and freedoms have been violated in the exercise of counter-terrorism powers or the application of counter-terrorism law shall have the right to a speedy, effective and enforceable judicial remedy.
Amendment 377 #
2015/0281(COD)
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. Member States shall ensure that measures are available to protect victims of terrorism and their family members, in accordance with Directive 2012/29/EU. With this regard, in the course of criminal proceedings particular attention shall be paid to the risk of intimidation and retaliation and to the need to protect the physical and mental integrity of victims of terrorism, including during questioning and testifying.
Amendment 398 #
2015/0281(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall ensure that their competent authorities cooperate among each other to ensure access to information for victims of terrorism who are residents of a Member State other than that one where the terrorist offence was committed. The access to information shall include in particular information about the victims' rights, available support services and accessible compensation schemes. Compensation should be granted to the victims for their participation in the criminal proceedings.
Amendment 49 #
2015/0211(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) As regards Turkey, the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in 94 out of 2899 applicationcases. There are no indications of any incidents of refoulement of its own citizens. The current situation in Turkey, however, calls for caution. In 2014, Member States considered that 23,1 % (310) of asylum applications of citizens of Turkey were well-founded. Only one Member State has designated Turkey as a safe country of origin. Turkey has been designated as a candidate country by the European Council and negotiations have been opened. At that time the assessment was that Turkey fulfilled the criteria established by the Copenhagen European Council of 21-22 June 1993 relating to stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities and Turkey will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the Annual Progress Report. Both several reported violations of freedom of expression and the ongoing armed conflict in the eastern and south-eastern regions of Turkey involving the Kurdish minority should be taken into account in the assessment of Turkey's current compliance with the criteria set out in Directive 2013/32/EU. On the basis of the situation on the ground, the concept of "safe country of origin" may not be applied to Turkish applicants who can demonstrate that they have been resident in these regions.
Amendment 63 #
2015/0211(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. In accordance with the ordinary legislative procedure, it can be decided to designate part of a country as safe, or a country or part of a country as safe for a specified group of persons.
Amendment 48 #
2015/0125(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) According to data of the European Agency for the Management of Operational Cooperation at the External Borders (Frontex), the Central and Eastern Mediterranean route were the main areas for irregular border crossing into the Union in 2014. In 2014, more than 170 000 migrants arrived in Italy alone in an irregular manner, representing an increase of 277% compared to 2013. A steady increase was also witnessed by Greece with more than 50 000 irregular migrants reaching the country, representing an increase of 153% compared to 2013. Statistics for the first months of 2015 confirm this clear trend in respect of Italy. In addition, Greece has facedAccording to UNHCR 67 5000 irregular migrants arrived in Italy by sea between January and 29 June 2015. In addition, in the first monthshalf of 2015 Greece has faced a sharp increase in the number of irregular border crossings, corresponding to more than 50% of the total number of irregular border crossings in 2014 (almost 28 000 in the first four months of 2015a 124% increase compared to the previous year as a whole (68 000 from January to 26 June 2015 according to UNHCR data, in comparison to a total number of almost 55 000 in 2014). A significant proportion of the total number of irregular migrants detected in these two regionMember States included migrants of nationalities which, based on the Eurostat data, meet a high Union level recognition rate (in 2014, the Syrians and the Eritreans, for which the Union recognition rate is more than 75%, represented more than 40% of the irregular migrants in Italy and more than 50% of them in Greece; from January to end- June 2015 Syrians and Eritreans represented 30% of the arrivals to Italy and 57% to Greece). According to Eurostat, 30 505 Syrians were found to be irregularly present in Greece in 2014 compared to 8 220 in 2013.
Amendment 113 #
2015/0125(NLE)
Proposal for a decision
Article 1
Article 1
This Decision establishes provisional measures in the area of international protection for the benefit of Italy and Greece in view of enabling them to cope with an emergency situation characterised by a sudden inflow of nationals of third countries or stateless persons in those Member States.
Amendment 126 #
2015/0125(NLE)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
1. 245 000 applicants shall be relocated from Italy to the territory of the other Member States as set out in Annex I.
Amendment 129 #
2015/0125(NLE)
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
2. 1625 000 applicants shall be relocated from Greece to the territory of the other Member States as set out in Annex II.
Amendment 38 #
2014/2817(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that the Agreement is for the benefit of the whole population; therefore, stresses the need for the setting up of a safety net for those who will be rendered unemployed as a consequence of the transition; calls on Moldova to ensure that the reforms are anchored and deeply rooted in the institutional framework;
Amendment 64 #
2014/2817(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the importance of anti- discrimination legislation to ensure equality and protection for all minorities, and in particular for LGBT persons; stresses the importance of the newly established Council for Preventing and Eliminating Discrimination and Ensuring Equality in the implementation of the Law Ensuring Equality of 2012;
Amendment 111 #
2014/2254(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, following recent terrorist attacks on EU territory, fundamental rights are at risk of being seriously compromised in the name of a supposed need for tighter security;
Amendment 216 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point c
Paragraph 4 – point c
(c) develop, in cooperation with the FRA, a database that collates and publishes data on the situation regarding fundamental rights in the EU and in individual Member States by conducting country-by-country reporting; reiterates, in that connection, the need for the Commission to propose a revision of the FRA Regulation in order to grant the FRA wider powers;
Amendment 236 #
2014/2254(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes the Commission's Communication on a new EU Framework to strengthen the rule of law; considers, however, that the proposed mechanism will not act as a sufficient deterrent when it comes to preventing and resolving fundamental rights violations in Member States; underlines, therefore, that more bold steps by the Council are also needed;
Amendment 303 #
2014/2254(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores recent instances of anti-Semitic and anti-Islamic discrimination and violence; calls on Member States to protect freedom of religion or belief and, to promote tolerance and to enhance anti- discrimination policies where needed;
Amendment 403 #
2014/2254(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deplores the fact that even today people belonging to minorities are still victims of discrimination; underlines, in this regard, especially the situation of 12 million Roma in the EU;
Amendment 471 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underlines that apart from adequate legislation to combat discrimination and racism it is also important to promote a culture of tolerance and attitudes to counter xenophobia, anti-Semitism and Islamophobia;
Amendment 516 #
2014/2254(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Condemns all forms of discrimination and violence on EU territory against lesbian, gay, transsexual, bisexual and intersex people (LGBTI), as fostered by laws and, policies and referenda that restrict the fundamental rights of these persons; calls on the Commission and Member States to adopt laws and policies to combat homophobia and transphobia;
Amendment 644 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – indent 1
Paragraph 14 – indent 1
– save the lives of persons in danger by setting up adequate search and rescue operations;
Amendment 656 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – indent 2
Paragraph 14 – indent 2
– improve safe and legal avenues for refugees;
Amendment 21 #
2014/2231(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the establishment of the EED should be seen as a sign of a new trend in EU neighbourhood policy that shifts the paradigm from a traditional state-centred approach to a more balanced and long-term oriented, society-centred perspective, with a focus on direct engagement with grassroots movements and democratic political actors;
Amendment 39 #
2014/2231(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 44 #
2014/2231(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the EED founding parties, especially on all EU Member States, to fulfil the financial obligations to which they committed themselves when establishing the EED; also strongly urges the Board to reconsider supporting democratic political activists and providing funding to inclusive political processes;
Amendment 56 #
2014/2231(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 70 #
2014/2231(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the EED grants offered to activists in some of the Southern Neighbourhood countries, since they demonstrate the added value of EED pro- democracy work in particularly hostilechallenging environments;
Amendment 75 #
2014/2231(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Strongly encourages the EED to place a stronger emphasis on socially excluded groups by supporting, among others, women’s rights and women’s increased public participation, LGBTI organisations, as well as grassroots movements and media activists;
Amendment 76 #
2014/2231(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 86 #
2014/2231(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Encourages both Member States and EU institutions to ensure genuine internal and external coherence related to democracy efforts and to recognise the facilitating role of the EED so as to avoid duplication of efforts with European Union instruments that also have the aim of promoting democracy and human rights, like the EIDHR;
Amendment 92 #
2014/2231(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the EED to continue cooperating with European-basedinternational organisations such as the Council of Europe, the International Institute for Democracy and Electoral Assistance, and the OSCE, in line with the EED’s Statute;
Amendment 93 #
2014/2231(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the EED to foster cooperation with key actors and international and regional organisations active in the field of democracy assistance, both inside the European Union and those active in the target countries;
Amendment 95 #
2014/2231(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Encourages the EED to identify possible avenues of cooperation with international civil society organisations, among others the Civil Society Forum of the Eastern Partnership and the Anna Lindh Foundation;
Amendment 96 #
2014/2231(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the EED to continue to develop new innovative means for democracy assistance, including to political actors or activists, in order to adjust to the growing climate of restriction in a number of countries with authoritarian regimes;
Amendment 17 #
2014/2230(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that more than 13 years of western intervention with numerous casualties (10 548 killed and wounded civilians in 2014 alone) have made it painfully clear that nono exclusively military solution is possible in Afghanistan; stresses that the present Western military presence, and especially its offensive operations, are part of the conflict and not a solution to itshould continue supporting, training, and advising the Afghan military as part of the transition process;
Amendment 29 #
2014/2230(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls for a break in the vicious circle of violence so that peace may be achieved; calls, therefore, on the EU, NATO and the US to withdraw all military troops; urges all foreign parties immediately to cease all civil-military cooperation since such an approach can imply a risk for aid organisations and civil society;
Amendment 37 #
2014/2230(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 50 #
2014/2230(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is concerned aboutNotes the high costs of the Afghan National Security Forces (ANSF), which is estimated to have reached USD 6 billion in 2014, and the lack ofcalls on the EU to make long- term commitments by the EU, or by other members of the international community, to finance the ANSF budget; stresses that even with the planned reduction of personnel to about 230 000 in the coming years it will be impossible for the Afghan Government to provide the necessary financing; expresses its grave concern that this may lead to a dangerous situation in which a highly militarised and equipped police and army could look for alternative ways of generating income;
Amendment 65 #
2014/2230(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the EU to support the Afghan Government in its pursuit of a comprehensive and inclusive, Afghan-led and Afghan-owned peace and reconciliation process, actively including the whole range of civil society and all conflict parties, including – following a ceasefire – combatant, insurgent and militia groups, as no lasting solution to the conflict can otherwise be achieved; supports, in this regard, the work of the High Peace Council; calls on the EU actively to support an Afghan-led disarmament, demobilisation and reintegration into society (DDR) of former insurgents;
Amendment 94 #
2014/2230(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that women’s rights are part of the security solution and that it is impossible to achieve stability in Afghanistan unless women enjoy their full rights in political, social and economic life; is deeply concerned that Afghan women continue to be victims of violence, discrimination, sexual abuse and rape; stresses, therefore, the need for more female employees in all public offices; points out that progress in peace talks may not be made at the cost of any of the rights acquired by women in recent years; emphasises the need to ensure that women and civil society actors play a prominent role at all stages of any peace and reconciliation process;
Amendment 102 #
2014/2230(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recognises the presidential elections 2014Welcomes the formation of a government of national unity; regrets that every presidential and parliamentary election in Afghanistan since 2005 has been marred by fraud and violence; welcomes the formation of a government of national unity, in this regard, the announcement of the establishment of the Electoral Reform Commission, which is essential in restoring faith in the democratic process;
Amendment 140 #
2014/2230(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is critical of the fact that a large portion of the aid provided through various funding channels does not serve the needs of the Afghan people, and that project funding is often not guided by social but by military considerations; urges the EU to use all allocated aid strictly for development, not for security purposes, and to encourage its allies to follow suiUnderlines the importance of funding projects which aim to improve the security situation in Afghanistan, since security is crucial for development;
Amendment 163 #
2014/2230(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 79 #
2014/2229(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the action taken by the Member States against ISIS in Iraq; notes that this type of operation should be carried out under the auspicescoordination of the European Union; to this end, calls on the EU to develop sufficient operational capacity to achieve CSDP targets; stresses however that a response must be found at political and regional level to the challenge presented by ISIS; calls on the EU to facilitate regional dialogue involving all stakeholders, in particular Saudi Arabia and Iran;
Amendment 92 #
2014/2229(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the European Union will only gain real influencebe an effective player on the international scene if it is able to speak with one voice; calls on the VP/HR accordingly to appoint representatives at the highest level, i.e. EU foreign ministers or very senior political figures acting on her instructions and together with her, to ensure a constant dialogue with the countries of the region;
Amendment 105 #
2014/2229(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that the emergence of ISIS is a symptom of the economic, political, social and cultural crisis afflicting the region; calls on the EU, together with the Arab world, to assess the root causes and adopt a global approach through an approach based on security, political, economic, social and cultural considerations, whereby inclusivity should be a guiding principle;
Amendment 109 #
2014/2229(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the allocation of EUR one billion under the EU strategy entitled 'Elements of an EU Regional Strategy for Syria and Iraq as well as the Da'esh threat' , under which EUR 400 million has been earmarked for humanitarian aid; calls for special attention to be given to Jordan and Lebanon, which are absorbing the biggest share of refugees in proportion to their population; is concerned that, as a result of extreme poverty and deprivation, refugee camps may become a hotbed of radicalisation; calls on the EU to help the host countries in providing education and health care to the refugees; welcomes the funds for host populations under the new strategy and under the Instrument contributing to Stability and Peace (IcSP); calls on the EU Member States to increase their commitments regarding the refugee crisis in terms of financial resources and resettlement of the most vulnerable refugees;
Amendment 169 #
2014/2229(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls the need to put in place the conditions for a resumption of peace talks between Israel and the Palestinian Authority for a lasting settlement of the conflict based on a solution enabling both countries to live side by side in peace and security; welcomes and supports High Representative Mogherini's determination for the EU to step up its engagement in the Middle East Peace Process; welcomes the 2002 peace initiatives and calls on the LAS countries to put them into effect; calls on international donors to honour the commitments made by them at the Cairo Conference of October 2014;
Amendment 272 #
2014/2229(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the EEAS and the Commission to continue to encourage democratic reforms within the EU neighbouring countries; stresses the importance of maintainand support democratic actors withing the ‘two- thirds/one third' principle for the allocation of ENP fundingEU neighbouring countries; calls on the Commission, the EEAS, the Council and the Member States to develop a political and strategic ENP dimension; welcomes the launch by the HR/VP and the Commission of broad consultation on ENP renewal;
Amendment 330 #
2014/2229(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Takes the view that strategic dialogue between the EU and the MENA countries should be given further impetus in the direction of sustainable economic development, helping to iron out inequalities and creating youth opportunities; stresses the importance of facilitating access to the EU single market for the MENA countries, while providing all necessary protection; stresses the importance of encouraging European investments in MENA countries and underlines that to make a real difference, these investments should benefit the people of the region;
Amendment 43 #
2014/2219(INI)
Motion for a resolution
Paragraph 3 – indent 3
Paragraph 3 – indent 3
– supporting security, stabilisation and the rule of law in the EU’s eastern and southern neighbourhood,
Amendment 217 #
2014/2219(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for a reform of the EU’s approach to migration policy; insists on the need to address the root causes of irregular migration, using all policy and assistance instruments, including development and trade policies, humanitarian aid, conflict prevention and crisis management; reiterates its call to step up humanitarian support to countries which host refugees and to strengthen Regional Protection Programmes, run in collaboration with UNHCR close to regions of origin and encourages resettlement by EU Member States for the most vulnerable refugees; stresses that migration management should be a priority in EU cooperation with neighbours in the east and south;
Amendment 253 #
2014/2219(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Notes the increased demand for international assistance in democracy support and election observation; recognises this as an area in which the EU can play an effective role in supporting democratic processes; calls therefore for consistent follow-up on the implementation of the country-specific recommendations and requests for capacity building support for political parties;
Amendment 260 #
2014/2219(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines the need to consolidate the EU and to strengthen its integration capacity, which is one of the Copenhagen criteria; reiterates the enlargement perspective for the countries of the Western Balkans, based on fulfilment of the Copenhagen criteria and the fact that accession negotiations with Turkey were opened on 3 October 2005 and that the opening of such negotiations is the starting point for a long-lasting and open- ended process based on fair and rigorous conditionality and a commitment to reform, based on fulfilment of the Copenhagen criteria; reiterates that each country will be judged by its own merits, and that progress will in the end also define the timetable; supports, in this connection, the Commission’s approach, which consists in addressing fundamental reforms in the area of the rule of law, public administration and economic governance early in the enlargement process;
Amendment 275 #
2014/2219(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that a new approach to the EU’s relations with its eastern neighbours is needed; believes that supporting those countries that want to draw closer to the EU must be a top priority for EU foreign policy and that an important answer to contain Russia's ambitions in its neighbourhood is by investing in the independence, sovereignty, economic development and further democratization of these countries; is committed, in accordance with Article 49 TEU, to the European perspective for the EU´s eastern European neighbours;
Amendment 292 #
2014/2219(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the resultsgood conduct of the parliamentary elections held in Ukraine and Moldova in October and December 2014 respectively, and urges the Governments of Georgia, Moldova and Ukraine to progress with reforms relating to political and economic governance and the rule of law; calls on the HR/VP to use all available political, security and economic tools to provide comprehensive support to the Ukrainian, Georgian and Moldovan Governments on this path;
Amendment 298 #
2014/2219(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for a close engagement with those eastern European neighbours which have not yet concluded Association Agreements with the EU; recalls, however, that EU assistance can only be effective if there is sufficient ownership and respect for European values on the part of the partner countries;
Amendment 303 #
2014/2219(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Urges Russia to honour its commitments and legal obligations, including those enshrined in the UN Charter, the OSCE Helsinki Final Act and the Budapest Memorandum, and in line with its membership of the Council of Europe; strongly condemns Russia´s military intervention and hybrid war against Ukraine, as well as the illegal annexation of Crimea; urges Russia to de- escalate and to withdraw its troops from Ukrainian territory; calls for the immediate and full implementation of the Minsk Protocol;
Amendment 331 #
2014/2219(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Insists on the need to substantially revise the EU´s policy towards its southern neighbourhood, and to develop a comprehensive strategy focusing the EU’s instruments and scarce budgetary resources on support for the building of functioning and inclusive states capable of delivering security for their citizens, confronting religious extremispromoting democracy, confronting extremism in whatever form and enhancing the rule of law, which is a key precondition for investment and economic development; points to the unused potential of cross- border trade within the region; insists on close cooperation on managing migration flows, while respecting human rights;
Amendment 342 #
2014/2219(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Takes the view that additional EU support should be granted to partner governments which are committed to and make tangible progress towards democratisation, such as Tunisia, Jordan and Morocco;
Amendment 373 #
2014/2219(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Takes the view that the criminal activities and barbaric violence by terrorist jihadists engaged in and associated with the so-called Islamic State (IS) represent a major threat to the wider Middle East and North Africa (MENA) region, and potentially to global peace and stability; supports the global coalition against IS and its efforts to combat IS militarily, and welcomes the contributions of EU Member States in this context; urges the stepping-up of resolute global regulatory pressure to deprive jihadists of oil revenues and to apply strict global sanctions against financial transactions in their favour; points to the urgent need to systematically disable jihadists from usingcounter jihadists' use of the internet for propagandarecruitment; insist on the need to step up international cooperation focused on preventing extremists from traveling to Syria and Iraq to join the jihadist fight;
Amendment 417 #
2014/2219(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Underlines the need for a strategy, in coordination with the US, on how to draw Russia, China and other major powers into responsibility for the peace and stability of the global political and economic order; to this end, urges the HR/VP and the Council to re-think strategic partnerships; believes this should include a consideration of restructuring the UN Security Council with stronger regional representations to better reflect current international relations;
Amendment 421 #
2014/2219(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Welcomes the forthcoming UN review of the Non-Proliferation Treaty as a major step towards international peace and security and urges the Member States to take a coordinated and proactive position in the negotiations; welcomes the entry into force of the Arms Trade Treaty and calls for its effective and full implementation; urges the Member States to strictly adhere to the norms established by the EU’s Common Position on arms exportcalls for the creation of an EU authority for arms trade to assist Member States in the interpretation of, and ensure consistent and strict compliance with, the norms established by the EU’s Common Position on arms exports and international human rights law; stresses the need for better ex-post checks of the use of the exported weapons;
Amendment 159 #
2014/2216(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Emphasises that political transition and democratisation need to be combined with respect for human rights, the promotion of justice, transparency, accountability, reconciliation, the rule of law and the establishment of democratic institutions; calls for systematic EU support for freely and fairly elected parliaments; stresses the need to invest in political dialogues between ruling and opposition parties;
Amendment 282 #
2014/2216(INI)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Recalls the four core and universal labour standards as anchored in the instruments of the International Labour Organisation, namely the freedom of association and the right to collective bargaining; the elimination of all forms of forced labour, exploitation and slavery; the abolition of child labour; and the elimination of discrimination in the area of employment;
Amendment 314 #
2014/2216(INI)
Motion for a resolution
Subheading 19
Subheading 19
Amendment 315 #
2014/2216(INI)
Motion for a resolution
Paragraph 53 b (new)
Paragraph 53 b (new)
53b. Reiterates the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities of 1992; emphasises the need for equal treatment of minorities, especially in the fields of education, employment, healthcare, social services and other public services;
Amendment 316 #
2014/2216(INI)
Motion for a resolution
Paragraph 53 c (new)
Paragraph 53 c (new)
53c. Regrets the fact that the Roma minority remains subject to discrimination, racism and social exclusion, both within the European Union as well as in EU candidate countries in the Western Balkan and Turkey; notes in this regard that respect for the rights of minorities is one of the key challenges identified in the Commission's Enlargement Strategy for 2014-2015;
Amendment 329 #
2014/2216(INI)
Motion for a resolution
Paragraph 54 c (new)
Paragraph 54 c (new)
54c. Expresses deep concern about the situation of persons belonging to the Rohingya Muslim minority in Burma/Myanmar, who are denied Burmese citizenship and face systematic human rights violations and persecution; recalls the European Parliament resolution of 13 June 2013 on the situation of Rohingya Muslims (2013/2669(RSP));
Amendment 405 #
2014/2216(INI)
Motion for a resolution
Paragraph 71 a (new)
Paragraph 71 a (new)
71a. Stresses the need to combat all forms of forced child labour and child exploitation; calls for the better implementation of existing national and international legislation that foster awareness of child abuse in the labour market;
Amendment 463 #
2014/2216(INI)
Motion for a resolution
Paragraph 76 a (new)
Paragraph 76 a (new)
76a. Urges the EU to mainstream more effectively human rights and democracy across development cooperation and ensure that EU development programmes contribute to the fulfilment by partner countries of their international human rights obligations;
Amendment 29 #
2014/2153(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the efforts of the Commission to build an Energy Union and calls for its rapid implementation; recalls that a fully- fledged Energy Union can only be achieved when energy and external policy go hand in hand; stresses, in particular, the need for the EU and its Member States to develop a common energy policy based on solidarity and a joint purchasing policy, enabling it to speak with one voice at the international level and to develop a coherent energy diplomacy; invites the Commission to assess options for voluntary demand aggregation mechanisms that could increase the EU’s bargaining power;
Amendment 2 #
2013/0420(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. GDeclines to gives its consent to conclusion of the Protocol;
Amendment 125 #
2013/0407(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) certain aspects of the right to the presumption of innocence and the right to remain silent in criminal proceedings;
Amendment 6 #
2013/0255(APP)
Motion for a resolution
Paragraph F
Paragraph F
Amendment 11 #
2013/0255(APP)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Council to keep it fully informed and constantly consulted; urges the Council to take its views also into due account, as a necessary precondition to ensure the broadest democratic legitimacy of, and consensus on the legislative outcome;
Amendment 71 #
2013/0255(APP)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Affirms that the right to a judicial remedyrespect for fundamental rights, including the right to a judicial remedy and the right to a fair trial, should be upheld at all times in respect of the EPPO's activity and recognises also the need for the EPPO to operate effectively without undue delay;
Amendment 331 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt. Member States shall adopt the necessary measures to ensure that their Passenger Information Unit may request air carriers in accordance with Article 6 to: (a) transfer (‘push’) all PNR data of all passengers arriving or departing from that Member state in an anonymised format; (b) transfer (‘push’) specific PNR data of an individual linked to a name, contact detail or payment method linked to a specific case of prevention, detection, investigation or prosecution of a terrorist offence or a specific serious transnational crime; (c) transfer (‘push’) PNR data of all passengers on specific flights where a risk assessment of the Passenger Information Unit has proven a high concrete risk that persons linked to a specific case of prevention, detection, investigation or prosecution of a terrorist offence or a specific serious transnational crime are travelling on those flights.
Amendment 340 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 342 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. A request pursuant to subparagraphs 1 (b) and (c) shall be subject to prior authorisation by a judicial authority and subject to a quarterly judicial review. The specification referred to in subparagraph 1 (c) may be temporal, geographical or both.
Amendment 345 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or a certain type of serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria in line with the requirement set out in paragraph 3. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated meansand subject to human intervention by a member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 361 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or seriousa type of serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment the Passenger Information Unit may compare PNR data against relevant databases, including international or national databases or national mirrors of Unionnational databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such filesdata bases. In carrying out such an assessment the Passenger Information Unit may compare PNR data against the Schengen Information System and the Visa Information System. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated meansand subject to human intervention by a member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action; and
Amendment 363 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis, to duly reasoned requests from competent authorities to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigationin accordance with Article 4a (new) and pfrosecution of a terrorist offence or serious crime, and to provide the competent authorities with the results of such processing; andm Passenger Information Units from other Member States in accordance with Article 7.
Amendment 374 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 377 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. These assessment criteria must be targeted, specific, justified, proportionate and fact- based. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5 and regularly reviewed. The regular review shall involve the Data Protection Officer and ensure that the assessment criteria remain targeted, specific, justified, proportionate and fact-based. The assessment criteria shall in no circumstances be based on data revealing a person’'s race or ethnic origin, political opinions, religiousn or philosophical beliefs, political opinion, trade union membership, health or sexual life. sexual orientation or gender identity, trade union membership and activities, and the processing of biometric data or of data concerning, health or sex life. The assessment shall in any case not be based solely on automated processing and allow for human intervention on every criteria.
Amendment 397 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Data Protection Officer shall have access to all data transmitted to the Passenger Information Unit and from the Passenger Information Unit to a competent authority pursuant to Article 5. If the Data Protection Officer considers that transmission of any data was not lawful, he/she shall refer the matter to the Supervisory Authority, who shall have the power to order the receiving competent authority to erase the data.
Amendment 400 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4b. The storage, processing and analysis of PNR data shall be carried out exclusively within the territory of the Union. The law applicable to these procedures shall therefore be Union law on personal data protection.
Amendment 401 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4 c (new)
Article 4 – paragraph 4 c (new)
4c. Member States shall bear the costs of use, retention and exchange of PNR data.
Amendment 406 #
2011/0023(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Amendment 445 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph -1
Article 6 – paragraph -1
-1. Member States shall adopt the necessary measures to ensure that air carriers transfer ('push') anonymised PNR data pursuant to Article 4 (a), to the extent that such data are already collected by them in their normal course of business, to the Passenger Information Unit.
Amendment 451 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers transfer ('push') the specific PNR data as defined in Article 2(c) and specified in the Annexpursuant to Article 4 (b) and (c) , to the extent that such data are already collected by them, in their normal course of business to the database of the national Passenger Information Unit of thea Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 463 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a – introductory part
Article 6 – paragraph 2 – point a – introductory part
(a) once 24 to 48 hours before the scheduled time for flight departure;
Amendment 467 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) once immediately after flight closure, that is once the passengers have boarded the aircraft in preparation for departure and it is no longer possible for further passengers to board.
Amendment 472 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States mayshall permit air carriers to limit the transfer referred to in point (b) of paragraph 2 to updates of the transfer referred to in point (a) of paragraph 2.
Amendment 479 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to a terrorist offences or seriousa certain type of serious transnational crime.
Amendment 486 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted without delay by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considers such transfer to be necessaryrelevant for the prevention, detection, investigation or prosecution of terrorist offences or seriouscertain types of serious transnational crime. The Passenger Information Units of the receiving Member States shall transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities. Where appropriate, an alert shall be entered in accordance with Article 36 of the Schengen Information System.
Amendment 494 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if strictly necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1), and, if necessary, also the result of the processing of PNR data. The request for such data may be based on any one or a combination of data elements as set out in the Annex, as deemed strictly necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of a terrorist offences or seriousa certain type of serious transnational crime. Passenger Information Units shall provide the requested data as soon as practicable using the common protocols and supported data formats and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b).
Amendment 503 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if strictly necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to a terrorist offences or serious crimea specific serious transnational crime. Such access to the full PNR data shall be permitted only with the approval of the Head of the Passenger Information Unit the request has been made to.
Amendment 511 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 525 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Exceptionally, where early access is necessary to respond to a specific and actual threat related to a terrorist offences or seriousa specific serious transnational crime, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter’'s territory at any time, should this data have been retained.
Amendment 533 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Exchange of information under this Article mayshall take place using any existing channels for European and international law enforcement cooperation, in particular Europol and national units under Article 8 of Council Decision 2009/371/JHA of 6 April 2009. The language used for the request and the exchange of information shall be the one applicable to the channel used. Member States shall, when making their notifications in accordance with Article 3(3), also inform the Commission with details of the contacts to which requests may be sent in cases of urgency. The Commission shall communicate to the Member States the notifications received.
Amendment 719 #
2011/0023(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Processing of special categories of data 1. Member States shall prohibit the processing of PNR data revealing race or ethnic origin, political opinions, religion or philosophical beliefs, sexual orientation or gender identity, trade-union membership or activities, and the processing of biometric data or of data concerning health or sex life. 2. In the event that PNR data revealing such information are received by the Passenger Information Unit, they shall be deleted without delay. To that end, upon the receipt of PNR data from air carriers, Member States shall apply automated and manual controls to identify and delete sensitive data from PNR data obtained. 3. In order to identify and delete any sensitive data from PNR data retained, members of the Passenger Information Unit shall undertake manual checks before any further manual processing and prior to any transfer of PNR data to competent authorities in accordance with Article 4(2), to the Passenger Information Unit or another Member State in accordance with Article 7, or to a third country in accordance with Article 8.
Amendment 724 #
2011/0023(COD)
Proposal for a directive
Article 11 c (new)
Article 11 c (new)
Article 11c Right of access for the data subject Member States shall provide for the right of the data subject to obtain from the Passenger Information Unit a copy of the PNR data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject.
Amendment 726 #
2011/0023(COD)
Proposal for a directive
Article 11 d (new)
Article 11 d (new)
Article 11d Right to rectification and completion 1. Member States shall provide for the right of the data subject to obtain from the Passenger Information Unit the rectification or the completion of personal data relating to him or her which are inaccurate or incomplete, in particular by way of a completing or corrective statement. 2. Member States shall provide that the Passenger Information Unit informs the data subject in writing, with a reasoned justification, of any refusal of rectification or completion, on the reasons for the refusal and on the possibilities of lodging a complaint with the supervisory authority and seeking a judicial remedy. 3. Member States shall provide that the Passenger Information Unit shall communicate any rectification carried out to each recipient to whom the data have been disclosed, unless to do so proves impossible or involves a disproportionate effort. 4. Member States shall provide that the Passenger Information Unit communicates the rectification of inaccurate personal data to the third party from whom the inaccurate personal data originate.
Amendment 727 #
2011/0023(COD)
Proposal for a directive
Article 11 e (new)
Article 11 e (new)
Amendment 728 #
2011/0023(COD)
Proposal for a directive
Article 11 f (new)
Article 11 f (new)
Amendment 729 #
2011/0023(COD)
Proposal for a directive
Article 11 g (new)
Article 11 g (new)
Article 11g Keeping of records 1. Member States shall ensure that records are kept of at least the following processing operations: collection, alteration, consultation, disclosure, combination or erasure. The records of consultation and disclosure shall show in particular the purpose, date and time of such operations and as far as possible the identification of the person who consulted or disclosed PNR data, and the identity of the recipients of such data. 2. The records shall be used solely for the purposes of verification of the lawfulness of the data processing, self-monitoring and for ensuring data integrity and data security, or for purposes of auditing, either by the Data Protection Officer or by the supervisory authority. 3. The Member State shall ensure that the Passenger Information Unit shall make the records available, on request, to the supervisory authority.
Amendment 730 #
2011/0023(COD)
Proposal for a directive
Article 11 h (new)
Article 11 h (new)
Amendment 731 #
2011/0023(COD)
Proposal for a directive
Article 11 i (new)
Article 11 i (new)
Article 11i Right to judicial remedy 1. Without prejudice to any available administrative remedy, including the right to lodge a complaint with a supervisory authority, Member States shall provide for the right of every natural person to a judicial remedy if they consider that that their rights laid down in provisions adopted pursuant to this Directive have been infringed as a result of the processing of their personal data in non- compliance with these provisions. 2. Member States shall ensure that final decisions by the court referred to in this Article will be enforced.
Amendment 732 #
2011/0023(COD)
Proposal for a directive
Article 11 j (new)
Article 11 j (new)
Article 11j Liability and the right to compensation Member States shall provide that any person who has suffered damage, including non-pecuniary damage, as a result of an unlawful processing operation or of an action incompatible with the provisions adopted pursuant to this Directive shall have the right to claim compensation for the damage suffered.
Amendment 733 #
2011/0023(COD)
Proposal for a directive
Article 11 k (new)
Article 11 k (new)
Article 11k Penalties for non-compliance Member States shall lay down the rules on penalties, applicable to infringements of the provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
Amendment 734 #
2011/0023(COD)
Proposal for a directive
Article 11 l (new)
Article 11 l (new)
Article 11l Notification of a personal data breach to the supervisory authority 1. Member States shall provide that in the case of a personal data breach, the Passenger Information Unit, without undue delay and, where feasible, not later than 24 hours, the personal data breach to the supervisory authority. The Passenger Information Unit shall provide, on request, to the supervisory authority a reasoned justification in cases of any delay. 2. The notification referred to in paragraph 1 shall at least: (a) describe the nature of the personal data breach including the categories and number of data subjects concerned and the categories and number of data records concerned; (b) communicate the identity and contact details of the Data Protection Officer referred to in Article 3a (new) or other contact point where more information can be obtained; (c) recommend measures to mitigate the possible adverse effects of the personal data breach; (d) describe the possible consequences of the personal data breach; (e) describe the measures proposed or taken by the Passenger Information Unit to address the personal data breach and mitigate its effects. In case all information cannot be provided without undue delay, the Passenger Information Unit can complete the notification in a second phase. 4. Member States shall provide that the Passenger Information Unit documents any personal data breaches, comprising the facts surrounding the breach, its effects and the remedial action taken. This documentation must be sufficient to enable the supervisory authority to verify compliance with this Article. The documentation shall only include the information necessary for that purpose. 5. The supervisory authority shall keep a public register of the types of breaches notified.
Amendment 735 #
2011/0023(COD)
Proposal for a directive
Article 11 m (new)
Article 11 m (new)
Article 11m Communication of a personal data breach to the data subject 1. Member States shall provide that when the personal data breach is likely to adversely affect the protection of the personal data and/or the privacy of the data subject, the Passenger Information Unit shall, after the notification referred to in Article 11l (new), communicate the personal data breach to the data subject without undue delay. 2. The communication to the data subject referred to in paragraph 1 shall be comprehensive and use clear and plain language. It shall describe the nature of the personal data breach and contain at least the information and the recommendations provided for in points (b), (c) and (d) of Article 11l (new) and information about the rights of the data subject, including redress. 3. The communication of a personal data breach to the data subject shall not be required if the Passenger Information Unit demonstrates to the satisfaction of the supervisory authority that it has implemented appropriate technological protection measures, and that those measures were applied to the PNR data concerned by the personal data breach. Such technological protection measures shall render the data unintelligible to any person who is not authorised to access it. 4. The communication to the data subject may be delayed or restricted, in a specific case, to the extent that such a delay or restriction constitutes a necessary and proportionate measure: (a) to avoid obstructing official or legal inquiries, investigations or procedures; (b) to protect public security; (c) to protect the rights and freedoms of others.
Amendment 777 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 783 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council within four years after the date mentioned in Article 15(1)feasibility, necessity and proportionality of this Directive, in the light of the experience gained by the Member States. Such review shall cover all the elements of this Directive, with special attention to the compliance with standard of protection of personal data, the length of the data retention period and, the quality of the assessments and the effectiveness of the sharing of the data between the Member States. It shall also contain the statistical information gathered pursuant to Article 18. The Commission shall submit a report to the European Parliament and the Council within two years after the date mentioned in Article 15(1);
Amendment 790 #
2011/0023(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a Limitation This Directive shall loose its effect after a period of seven years. The Commission may propose to extend the effect of this Directive for further seven-year-periods. The decision of extension shall be taken by ordinary legislative procedure after the approval by the European Parliament and the Council.