384 Amendments of Claude MORAES
Amendment 287 #
2018/0108(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The respect for private and family life and the protection of natural persons regarding the processing of personal data are fundamental rights. In accordance with Articles 7 and 8(1) of the Charter and Article 16(1) of the TFEU, everyone has the right to respect for his or her private and family life, home and communications and to the protection of personal data concerning them. When implementing this Regulation, Member States should ensure that privacy and personal data are protected and processed only in accordance with Regulation (EU) 2016/679, Directive (EU) 2016/680 and Directive 2002/58/EC.
Amendment 344 #
2018/0108(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The requested data should be transmitted to the authorities at the latest within 10 days upon receipt of the EPOC. Shorter time limUpon receipt of the European Production Order Certificate (EPOC), the executing authority shall recognise the EPOC, when transmitted in accordance with this Regulation, without any measure or formality being necessary, and ensure its execution in an identical manner and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, within 10 days upon receipt of the EPOC. Within that period of 10 days, the executing authoritsy should be respected by the provider in emergency cases and if the issuing authority indicates other reasons to depart from the 10 day deadline. In addition to the imminent danger of the deletion of the requested data, such reasons could include circumstances that are related toable to object to the European Production Order and invoke one of the grounds for non- recognition or non-execution provided for in this Regulation, while the service provider should preserve the requested data. Where the executing authority objects, it should inform the issuing authority, the service provider and, where applicable, the affected authority of such decision. If the executing authority has not invoked any ongoing investigation, for example where the requested data is associated to other urgent investigative meaf the grounds listed in this Regulation within that 10 days period, the service provider to which the order is addressed should be required to immediately ensures that cannot be conducted withoutthe requested data is transmitted directly to the missuing data or are otherwise dependent on itauthority or to the law enforcement authorities as indicated in the EPOC.
Amendment 346 #
2018/0108(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40 a) In emergency cases, the executing authority should recognise the EPOC, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, within 24 hours upon receipt of the EPOC, while the service provider should preserve the requested data. If the executing authority has not invoked any of the grounds listed in this Regulation within that 24 hours period, the service provider to which the order is addressed should immediately ensure that the requested data is transmitted directly to the issuing authority or to the law enforcement authorities as indicated in the EPOC.
Amendment 352 #
2018/0108(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Upon receipt of a European Preservation Order Certificate (‘EPOC- PR’), the service providerexecuting authority should preserve requested data for a maximum of 60 days unless the issuing authority informs the service provider that it has launched the procedure for issuing a subsequent request for production, in which case the preservation should be continued. The 60 day period is calculated to allow for the launch of an official request. This requicognise the EPOC-PR, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, within 10 days upon receipt of the EPOC-PR. Within that 10 days period, the executing authority should be able to object to the European Preservation Order and invoke one of the grounds for non-recognition or non-execution provided for in this Regulation, while the service provider should preserve the requested data. Wheres that at least some formal steps have been taken, for example by sending a mutual legal assistance request to translation. Following receipt of that ie executing authority objects, it should inform the issuing authority and the service provider of such decision and the preservation should cease immediately. If the executing authority has not invoked any of the grounds listed in this Regulation within that 10 days period, the service provider to which the order is addressed should continue to preserve the data for a 30 days period, renewable once. If the issuing authority confoirmation, the datas within that 30 days period that the subsequent EPOC has been issued, the service provider should be preserved the data as long as necessary until the data is produced in the framework of a subsequent request for productionfor the execution of the European Production Order. If the preservation is no longer necessary, the issuing authority should inform the addressees without undue delay.
Amendment 445 #
2018/0108(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘content data’ means any stored data in a digital format such as text, voice, videos, images, and sound other than subscriber, access or transactional datathe content stored, transmitted, distributed or exchanged by means of electronic communications services, such as text, voice, videos, images, and sound; where metadata of other electronic communications services or protocols are stored, transmitted, distributed or exchanged by using the respective services, they are to be considered content data for the respective service;
Amendment 495 #
2018/0108(COD)
Proposal for a regulation
Article 5 – paragraph 4 – introductory part
Article 5 – paragraph 4 – introductory part
4. European Production Orders to produce transactionalffic data or content data may only be issued for criminal offences punishable in the issuing State by a custodial sentence of a maximum of at least 5 years, except for IP addresses.
Amendment 583 #
2018/0108(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Upon receipt of the EPOC, the addressee shall ensure that the requested data is transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC at the lexecuting authority shall recognise the EPOC, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing Statest, within 10 days upon receipt of the EPOC, unless the issuing authority indicates reasons for earlier disclosure.
Amendment 592 #
2018/0108(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Within the period of 10 days referred to in paragraph 1, while the service provider shall preserve the requested data, the executing authority may object to the EPOC and invoke one of the grounds for non-recognition or non-execution provided for in Article 10a. In that case, it shall inform the issuing authority, the service provider and, where applicable, the affected authority of such decision.
Amendment 594 #
2018/0108(COD)
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1 b. If the executing authority has not invoked any of the grounds listed in Article 10a within the 10-day period, the service provider to which the order is addressed shall ensure that the requested data is immediately transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC.
Amendment 595 #
2018/0108(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In emergency cases, the addressee shall transmit the requested data without undue delay, at the lexecuting authority shall recognise the EPOC, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing Statest, within 624 hours upon receipt of the EPOC, while the service provider shall preserve the requested data.
Amendment 602 #
2018/0108(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. If the executing authority has not invoked any of the grounds listed in Article 10a within the 24-hour period referred to in paragraph 2, the addressed service provider shall ensure that the requested data is immediately transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC.
Amendment 603 #
2018/0108(COD)
Proposal for a regulation
Article 9 – paragraph 2 b (new)
Article 9 – paragraph 2 b (new)
2 b. Where it is clear that the person whose data is sought is residing neither in the issuing State nor in the executing State, and the affected authority believes that one of the grounds for non- recognition or non-execution listed in Article 10a exists, it shall immediately inform the executing authority, based on a reasoned opinion. The executing authority shall take this reasoned opinion duly into account.
Amendment 625 #
2018/0108(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Upon receipt of the EPOC-PR, the addressee shall, without undue delay, preserve the data requested. The preservation shall cease after 60 days, unless the issuing authority confirms that the subsequent request for production has been launchedexecuting authority shall recognise the EPOC-PR, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, within 10 days of receipt of the EPOC-PR.
Amendment 633 #
2018/0108(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. Within the 10-day period referred to in paragraph 1, while the service provider shall preserve the requested data, the executing authority may object to the EPOC-PR and invoke one of the grounds for non-recognition or non-execution provided for in Article 10a. In that case, it shall inform the issuing authority and the service provider of such decision and the preservation shall cease immediately.
Amendment 636 #
2018/0108(COD)
Proposal for a regulation
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
1 b. If the executing authority has not invoked any of the grounds listed in Article 10a within the 10 days period, the service provider to which the order is addressed shall continue to preserve the data for a period of 30 days, renewable once.
Amendment 639 #
2018/0108(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. If the issuing authority confirms within the time30-day period set outreferred to in paragraph 1b that the subsequent request for pEuropean Production Order has been launchissued, the addresseeservice provider shall preserve the data as long as necessary to produce the data once the subsequent request for production is servedfor the execution of that European Production Order pursuant to Article 9.
Amendment 640 #
2018/0108(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. If the preservation is no longer necessary, the issuing authority shall inform the addressees without undue delay and the preservation shall cease immediately.
Amendment 665 #
2018/0108(COD)
Amendment 666 #
2018/0108(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Amendment 674 #
2018/0108(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. AThe addressees and, if different, service providersshall inform the person whose data is being sought, without undue delay. When informing the person, the addressees shall include information about any available remedies as referred to in Article 17 and shall take the necessary measures to ensure the confidentiality of the EPOC or the EPOC- PR and of the data produced or preserved and where requested by the issuing authority, shall refrain from informing the person whose data is being sought in order not to obstruct the relevant criminal proceedings.
Amendment 677 #
2018/0108(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. Upon a duly justified request by the issuing authority, based on a court order, addressees shall refrain from informing the person whose data is being sought, in order not to obstruct the relevant criminal proceedings.
Amendment 680 #
2018/0108(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where the issuing authority requested the addressees to refrain from informing the person whose data is being sought, upon a duly justified request, based on a court order, the issuing authority shall inform the person whose data is being sought by the EPOC or the EPOC-PR without undue delay about the data production or preservation. This information may be delayed as long as necessary and proportionate to avoid obstructing the relevant criminal proceedings, taking into account the rights of the suspected and accused person and without prejudice to defence rights and effective legal remedies.
Amendment 694 #
2018/0108(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Limitations to the use of information obtained Electronic information which has been produced or preserved by an EPOC or EPOC-PR shall not be used for the purpose of proceedings other than those for which it was obtained in accordance with this Regulation.
Amendment 696 #
2018/0108(COD)
Proposal for a regulation
Article 11 b (new)
Article 11 b (new)
Article 11 b Admissibility and erasure of electronic information 1. Electronic information that has been gathered in breach of this Regulation shall not be admissible before a court and shall immediately be erased. 2. Electronic information that is no longer necessary for the investigation or prosecution for which it was produced or preserved, shall immediately be erased. For this, Member States shall provide for appropriate time limits to be established for the erasure of electronic information produced or preserved or for a periodic review of the need of the storage of the electronic information. Procedural measures shall ensure that those time limits are observed. 3. The affected person shall be informed about the erasure.
Amendment 717 #
2018/0108(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Amendment 3 #
Amendment 9 #
2017/2052(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the ‘Challenges facing civil society organisations working on human rights in the EU’ report of the European Union Agency for Fundamental Rights,
Amendment 10 #
2017/2052(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
– having regard to the EESC own- imitative opinion on the Financing of civil society organisations by the EU,
Amendment 22 #
2017/2052(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the role of civil society in promoting transparency and uncovering corruption concerning EU funds is essential; whereas the same civil society organisations and their essential work in the field of fundamental values of the European Union enshrined in Article 2 of the Treaty on European Union, as well as their crucial investigative work in the financial interest of the European Union are threatened in several Member States;
Amendment 24 #
2017/2052(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas current cases of corruption and financial fraud concerning certain Member States in the use of EU funds and the lack of effective follow-up investigations by Member State authorities of OLAF recommendations regarding these irregularities make the case for Member States’ participation in the European Public Prosecutor Office being a pre-condition for their access to EU funds;
Amendment 26 #
2017/2052(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas upholding fundamental values of the European Union, enshrined in Article 2 of the Treaty on European Union, when developing and implementing EU policies is crucial, and therefore there should be a clear relationship between the rule of law and the developing and implementation of private and public investments supported by the EU budget;
Amendment 28 #
2017/2052(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas there is an inconsistency between the EU’s support for rule of law and democracy for accession and third countries and its support within the European Union and its Member States; whereas current issues regarding the rule of law and democracy in several Member States justify the need for an internal European fund for human rights and democracy within the EU based on existing initiatives and mirroring external initiatives;
Amendment 57 #
2017/2052(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is convinced that the next MFF should build on the Union’s well- established policies and priorities, which aim at promoting peace, the fundamental values enshrined in Article 2 of the Treaty on European Union, including democracy, the rule of law democracy and human rights, gender equality, at boosting welfare, long- term and sustainable economic growth, high-quality jobs, sustainable development and innovation, and at safeguarding equal opportunities and non-discrimination, at fostering economic, social and territorial cohesion, intercultural understanding as well as solidarity between Member States and citizens as set out in art 3 TUE; considers that these pillars are prerequisites for a properly functioning single market and Economic and Monetary Union as well as for reinforcing Europe’s position in the world; trusts that they are more relevant than ever for Europe’s future endeavours;
Amendment 75 #
2017/2052(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that the next MFF should enable the Union to provide solutions and emerge strengthened from the crises of the decade: the rule of law and democracy crises in several Member States, the economic and financial downturn, the phenomenon of migration and refugees, climate change and natural disasters, terrorism and instability, to name but a few; underlines that these global, cross- border challenges with domestic implications reveal the interdependency of our economies and societies, and point to the need for joint actions;
Amendment 88 #
2017/2052(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the next MFF provides an opportunity for the Union to demonstrate that it stands together and is able to address political developments such as Brexit, the rise of nationalist movements and changes in global leadership, the crises of rule of law and democracy in several Member States; underlines that divisions and self- centredness are not an answer to global issues and to citizens’ concerns; considers that the Brexit negotiations, in particular, show that the benefits of being a Union member greatly outweigh the cost of contributing to its budget;
Amendment 126 #
2017/2052(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that governments hinder the work and demonise civil society organisations in several Member States, constituting an obstacle to their continued work and defence of values enshrined in Article 2 of the Treaty on European Union; calls on the Commission to come up with a proposal for strengthened support for civil society and NGOs in the form of an internal European fund for democracy and human rights, managed by the Commission, in light of such operational dangers;
Amendment 162 #
2017/2052(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Urges the Commission for the sake of sound financial management and transparency of the European Union’s budget to consider setting up proper conditions to prevent corruption and financial fraud concerning EU funds, including by making participation in the work of the European Public Prosecutor’s Office and a stronger conditionality between the rule of law and the EU funds pre-conditions to access;
Amendment 253 #
2017/2052(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Considers that better spending, i.e. the efficient use of every single euro of the EU budget, can be achieved not only by directing EU resources towards actions with the highest European added value and the greatest increase in the performance of the EU’s policies and programmes, but also by achieving greater synergies between the EU budget and the national budgets, and by ensuring the tangible improvement of the spending architecture, as well as setting up the post-2020 MFF system with the necessary pre-conditions to eliminate corruption and financial fraud, including by making participation in the work of the European Public Prosecutor’s Office and a stronger conditionality between the rule of law and the EU funds pre-conditions to access;
Amendment 309 #
2017/2052(INI)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Calls on the Commission to simplify and harmonise the rules governing the use of financial instruments in the next MFF in order to maximise their efficient application; considers the option of a single fund that would integrate financial instruments at EU level that are centrally managed under such programmes as the Connecting Europe Facility (CEF), Horizon 2020, COSME, Creative Europe and the Employment and Social Innovation programme (EaSI) on the one hand and the European Fund for Strategic Investments (EFSI) on the other, as well as a future internal European fund for democracy and human rights, a proposal to be discussed further; is of the opinion that such an umbrella solution should provide for a clear structure for the choice of different types of financial instruments for different policy areas and types of actions; underlines, however, that such a fund could never integrate financial instruments managed by Member States under cohesion policy;
Amendment 323 #
2017/2052(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Believes, therefore, that the current presentation of the headings requires some improvements, but is against any unjustified radical changes; proposes, as a result, the following structure for the MFF post-2020; Heading 1: A stronger and sustainable economy Including programmes and instruments supporting: under direct management: - research and innovation - -digital transformation of European society and economy industry, entrepreneurship and - small and medium-sized enterprises - large-infrastructure projects - - transport, digitalisation, energy - -energy, space environment and climate change -mitigation and adaptation - agriculture and rural development - - maritime affairs and fisheries - - horizontal (financial) instruments - supporting investments in Europe (possible umbrella financial instrument at EU level, incl. EFSI) Heading 2: Stronger cohesion and solidarity in Europe Including programmes and instruments supporting: - economic, social and territorial - cohesion (under shared management): investments in innovation, research, digitalisation, reindustrialisa transition, SMEs, transport, climate change adaptation and mitigation, energy and environment employment, education, social affairs and social inclusion -, capacity building education, youth and life-long learning - -democracy, rule of law, fundamental rights culture, citizenship and - communication - health and food safety - - asylum, migration and integration, - justice and consumers - support to and coordination with national administrations - gender equality Heading 3: Stronger responsibility in the world Including programmes and instruments supporting: - human rights, democracy and the rule of law - international cooperation and development - neighbourhood - enlargement - humanitarian aid - trade - gender equality - contribution to EU trust funds and external relations facilities Heading 4: Security, peace and stability for all Including programmes and instruments supporting: - security - cybersecurity - crisis response and stability - common foreign and security policy - defence Heading 5: An efficient administration at the service of Europeans - financing EU staff - financing the buildings and equipment of EU institutions
Amendment 557 #
2017/2052(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Expresses support for programmes in the areas of democracy, rule of law, fundamental rights, culture, education, media, youth, sports and, citizenship and civil society that have clearly demonstrated their European added value and enjoy lasting popularity among beneficiaries and without which it is not possible to develop a common European conscience; advocates, therefore, continuous investment in the Education and Training 2020 framework through the Erasmus+, Creative Europe and Europe for Citizens programmes in order to pursue reaching out people of all ages, and especially young people, to young people and providing them with valuable competences and life skills through lifelong learning, learner-centred and non-formal and informal education, as well as informal learning opportunities; calls in particular for at least tripling of the Erasmus+ envelope in the next MFF with the aim of reaching many more young people and learners across Europe,primarily those coming from a disadvantaged socio-economic background, and learners across Europe, beyond university students, with a particular attention to people with disabilities, enabling them to participate in the programme without their own resources and achieving the full potential of the programme; recommends, moreover, the continuation of the European Solidarity Corps and reiterates its support for strengthening the external dimension of the Erasmus+ and Creative Europe programmes; recommends setting up an internal European Democracy Fund for the strengthened support of civil society and NGOs working in the fields of democracy and human rights;
Amendment 558 #
2017/2052(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Expresses support for programmes in the areas of democracy, rule of law, fundamental rights, culture, education, media, youth, sports and citizenship that have clearly demonstrated their European added value and enjoy lasting popularity among beneficiaries; advocates, therefore, continuous investment in the Education and Training 2020 framework through the Erasmus+, Creative Europe and Europe for Citizens programmes in order to pursue reaching out to young people and providing them with valuable competences and life skills through lifelong learning, learner-centred and non-formal education, as well as informal learning opportunities; calls in particular for a tripling of the Erasmus+ envelope in the next MFF with the aim of reaching many more young people and learners across Europe, and achieving the full potential of the programme; recommends, moreover, the continuation of the European Solidarity Corps and reiterates its support for strengthening the external dimension of the Erasmus+ and Creative Europe programmes; recommends setting up an internal European Democracy Fund for the strengthened support of civil society and NGOs working in the fields of democracy and human rights, managed by the Commission, in light of the endangered conditions under which they are forced to undertake their crucial work in several Member States of the European Union, threatened, hindered, persecuted and demonised by Member States’ governments and authorities;
Amendment 344 #
2016/2308(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Calls on Turkey to cooperate with relevant international organizations, especially the Council of Europe, in preventing and combatting illicit trafficking and the deliberate destruction of cultural heritage within Turkey and the occupied part of Cyprus;
Amendment 367 #
2016/2308(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Praises the important work of the Committee on Missing Persons (CMP), and calls on Turkey to allow unconditional access to military zones and all relevant sites and to provide relevant information from its military and other archives, thus maximising the effectiveness of the excavations conducted by the CMP; welcomes, in this respect, the appointment of EP standing rapporteur on missing persons;
Amendment 1095 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2 a. Where, at any time before a final decision has been taken on application for international protection, the applicant is granted an EU Blue Card in accordance with Directive xxx/xxx (on the conditions of entry and residence of third country nationals for the purpose of highly skilled employment), that application shall be postponed. That postponement shall last until the EU Blue Card - and any renewal of the EU Blue Card - has expired and the applicant has returned to the Member State responsible for the application of international protection. All the relevant time-limits, in respect of that application for international protection, as laid down in this Regulation shall be postponed accordingly. Those time-limits shall start to run again only once the applicant has returned to the Member State responsible for the application for international protection. An applicant for international protection who is granted an EU Blue Card may explicitly withdraw his or her application for international protection at any time during the validity of the EU Blue Card in accordance with Article 38.The determining authority shall not consider an application for international protection to be implicitly withdrawn in accordance with Article 39 on the ground that the applicant has become an EU Blue Card holder.
Amendment 148 #
2016/0176(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) In that context, consideration should be given to expanding access to the European network of employment services (EURES) so that all the job opportunities in the Member States are also accessible by third countries nationals, since in order to get the “EU Blue Card” permit, those third-country nationals must first have a job offer. Expanding access to EURES would allow third-country nationals to avail themselves of the necessary assistance and support when using the platform.
Amendment 151 #
2016/0176(COD)
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5b) The Union should consider further EU-wide admission systems to attract and retain workers – who are not categorized as highly skilled – where they would fill in identified labour market needs in the Members States
Amendment 173 #
2016/0176(COD)
Proposal for a directive
Recital 13
Recital 13
(13) It is necessary to provide for a flexible demand-driven admission system based on objective criteria, such as a work contract or a binding job offer of at least 6 months, compliance with the applicable laws, collective agreements or national practices in the relevant occupational branches, a salary threshold adaptable by the Member States to the situation in its labour market and higher professeducational qualifications or higher professional skills.
Amendment 262 #
2016/0176(COD)
Proposal for a directive
Recital 41
Recital 41
(41) EU Blue Card holders should be allowed to move to a second Member State under simplified conditions where they intend to apply for a new EU Blue Card based on an existing work contract or binding job offer. Second Member States should not be allowed to require from EU Blue Card holders any other authorisation than the EU Blue Card issued by the first Member State. As soon as they submit an application for an EU Blue Card within the deadline provided for in this Directive, they should be allowed to begin employment. In the second Member State the procedure for issuing an EU Blue Card should be simplified compared to the first EU Blue Card; as the mobile EU Blue Card holder has already exercised highly skilled activity in one Member State for a certain period of time, the second Member State should not have the need to control all the same details for a second time. However, mobility should remain demand-driven and therefore a work contract should always be required in the second Member State, all the conditions in applicable laws, collective agreements or practices in the relevant occupational branch should be met, and the salary should meet the threshold set by the second Member State in accordance with this Directive.
Amendment 383 #
2016/0176(COD)
Proposal for a directive
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. Member States shall develop mechanisms and arrangements for the evaluation of higher professional skills, as defined in Article 2(i) and the validation of professional experience, as defined in Article 2(j). When developing such mechanisms and arrangements, Member States shall consult with the social partners.
Amendment 393 #
2016/0176(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 400 #
2016/0176(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 413 #
2016/0176(COD)
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1 (new) Art 6 paragraph 3 (new)
Article 6 – paragraph 3 – subparagraph 1 (new) Art 6 paragraph 3 (new)
In circumstances where their labour market situation undergoes serious disturbances such as a high level of unemployment in a given occupation or sector, which may be limited to a particular part of their territory and where the Member State in question has checked whether the concerned vacancy could not be filled by national or Union workforce, by third-country nationals lawfully resident in that Member State and already forming part of its labour market by virtue of Union or national law, or by EU long-term residents wishing to move to that Member State for highly skilled employment in accordance with Chapter III of Directive 2003/109/EC. Member States shall involve social partners in the assessment of the circumstances related to the domestic labour market. The Member State concerned shall notify the Commission, at the latest one month in advance, of its intention to introduce such check in a given occupation or sector, which may be limited to a particular part of their territory, for third- country nationals coming from third countries for the next six months, and shall supply the Commission with all relevant reasons justifying this decision. For each extension of 6 months the Member State concerned shall send a new justified notification.
Amendment 28 #
2016/0171(COD)
Proposal for a directive
Recital 6
Recital 6
(6) To reduce the anxiety of relatives inprovide relatives with timely and reliable information in the case of an accident and to reduce unnecessary delays in the consular assistance and other services, the communicated data should include information on nationality of persons on board. The list of required data entries for voyages beyond 20 nautical miles should be simplified, clarified and aligned as far as possible with reporting requirements into the National Single Window.
Amendment 36 #
2016/0171(COD)
Proposal for a directive
Recital 10
Recital 10
(10) In as much as measures entail the processing of personal data, those shall be carried out in accordance with Union law on the protection of personal data20 . In particular, personal data collected for the purposes of Directive 98/41/ECThe measures provided for in Directive 98/41/EC and Directive 2010/65/EC entail the processing of personal data. This processing is governed by Union law on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council20a , and Regulation (EC) No 45/2001 of the European Parliament and of the Council20b , which applies to the processing of personal data recorded in the Single Window and SafeSeaNet. In particular, personal data collected for the purposes of Directive 98/41/EC to facilitate search and rescue operations and the efficient handling of the aftermath of an accident should not be further processed and used for any other purpose and should not be retained longer than necessary for the specific purposes of Directive 98/41/EC as specified therein. _________________ 20 In particular Regulation (EU) No XXX/2016 of XXX (number and date to be added after formal adoption)Personal data should therefore be immediately destroyed after the ship's voyage has been safely completed or when an investigation or judicial proceedings in the aftermath of an accident or emergency have been concluded. _________________ 20aRegulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individualnatural 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) (reference to OJ to be added after formal adoption) and OJ L 119, 4.5.2016, p. 1). 20bRegulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
Amendment 46 #
2016/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 98/41/EC
Article 5 – paragraph 1 – indent 5
Article 5 – paragraph 1 – indent 5
- their yeardate of birth,
Amendment 48 #
2016/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 98/41/EC
Article 5 – paragraph 1 – indent 5a (new)
Article 5 – paragraph 1 – indent 5a (new)
- the 'habitual place of residence',
Amendment 57 #
2016/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 98/41/EC
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Personal data collected for the purposes of this Directive shouldall not be processed and used for any other purpose.;
Amendment 58 #
2016/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 98/41/EC
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. Member States shall ensure that, at the time when the information is collected pursuant to this Article, every person on board a passenger ship is provided, by the company assuming responsibility for operating that passenger ship, and in a concise, transparent, intelligible and easily accessible form, using clear and plain language, with the information set out in Regulation (EU) 2016/679.
Amendment 61 #
2016/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 98/41/EC
Article 8 – paragraph 2
Article 8 – paragraph 2
Personal data collected in accordance with Article 5 shall not be kept by the company longer than necessary for the purposes of this Directive namely until the moment the data is recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU. Without prejudice to other specific reporting obligations under Union or national law, including for statistical purposes, once the information is no longer needed for this purpose, it shall be immediately destroyed.
Amendment 67 #
2016/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 98/41/EC
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
Taking into account the state of the art and the cost of implementation, each company shall implement appropriate technical and organisational measures to protect personal data processed pursuant to Article 5 against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure of, or access to personal data stored, transmitted or otherwise processed.
Amendment 76 #
2016/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 98/41/EC
Article 10 – subparagraph 4
Article 10 – subparagraph 4
Without prejudice to other specific reporting obligations under Union or national law, including for statistical purposes, once the information is no longer needed for theseat purposes, it shall be immediately destroyed.;
Amendment 79 #
2016/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Directive 98/41/EC
Article 11 a (new)
Article 11 a (new)
(9 a) the following Article is inserted: "Article 11a 1. The processing of personal data pursuant to this Directive shall be carried out in accordance with Regulation (EU) 2016/679. 2. The processing of personal data by Union institutions and bodies pursuant to this Directive, such as in the Single Window and the SafeSeaNet, shall be carried out in accordance with Regulation (EC) No 45/2001.
Amendment 81 #
2016/0171(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 98/41/EC
Article 14 a – paragraph 1
Article 14 a – paragraph 1
The Commission shall evaluate the implementation of this Directive and submit the results of the evaluation to the European Parliament and the Council no later than [seventhree years after the date referred to in the second subparagraph of Article 3(1)]..
Amendment 606 #
2016/0133(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18 a Sponsorship 1. European citizen or third country national legally residing in a Member State for a period of at least one year, or an organisation, association or firm, that respect specific requirements set out in the delegated act referred to in paragraph 3, have the possibility to become the sponsor of an applicant for international protection who lodged an application in the EU. The individual or organisation sponsoring an applicant should provide for his or her transfer and his or her stay in the Member State where the sponsor resides, until the final decision on his or her application is adopted. 2. On the basis of a written request by the sponsor, with the acceptance of the applicant, the determining Member State shall notify it to the Member State where the sponsor resides. If the Member State accepts to take charge of the applicant, it shall become the Member State responsible, and the application should be counted within its reference number as defined in Article 35. 3. A delegated act adopted according to the procedure described in Article 57, paragraph 2, shall determine the formalities and the eligibility requirements to be satisfied by a sponsor and the other necessary implementing measures.
Amendment 99 #
2015/2132(BUD)
Motion for a resolution
Paragraph 67 c (new)
Paragraph 67 c (new)
67c. Stresses that Parliament and the Council must address the need for a roadmap to a single seat, as requested by the large majority of this Parliament in several resolutions, in order to create long term savings in the Union budget;
Amendment 110 #
2015/0310(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The objective of Union policy in the field of external border management is to develop and implement European integrated border management at national and Union level, which is a necessary corollary to the free movement of persons and goods within the Union and is a fundamental component of an area of freedom, security and justice, and economic prosperity. European integrated border management is central to improving migration management and ensuring a high level of internal security within the Union, in addition to helping to ensure and enable good transport, logistics and infrastructure links across external borders.
Amendment 122 #
2015/0310(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) European integrated border management is a shared responsibility of the European Border and Coast Guard Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks. While Member States retain the primary responsibility for the management of their section of the external borders in their interest and in the interest of all Member States which have abolished internal border control, the European Border and Coast Guard Agency should ensure the application of Union measures relating to the management of the external borders by reinforcing, assessing and coordinating the actions of Member States which implement those measures.
Amendment 126 #
2015/0310(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The development of the policy and legislation on external border control and return remains a responsibility of the Union institutions. ClosIn the spirit of shared competences with Member States, including in the areas of freedom, security and justice and of transport as set out in Article 4 of the Treaty on the Functioning of the European Union, close cooperation and effective coordination between the European Border and Coast Guard Agency and, those institutions and the Member States should be guaranteed.
Amendment 135 #
2015/0310(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The tasks of Frontex should therefore be expanded and to reflect those changes, it should be renamed European Border and Coast Guard Agency. The key role of the European Border and Coast Guard Agency should be to establish an operational and technical strategy for the implementation of an integrated border management at Union level, to oversee the effective functioning of border control at the external borders, to provide increased operational and technical assistance to Member States through joint operations and rapid border interventions, and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders, as well as to organise, coordinate and conduct return operations and return interventions while ensuring full respect of human rights in their actions and activities and the fulfilment of asylum obligations and commitments of each Member State.
Amendment 174 #
2015/0310(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In cases where a Member State does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders, rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the Schengen area, aincluding the restriction of free movement of persons and goods through road, maritime and rail freight routes as set by the pillars of the EU TEN-T and Connecting Europe policies, unified, rapid and effective response should be delivered at Union level. For this purpose, and to ensure better coordination at Union level, the Commission should identify the measures to be implemented by the European Border and Coast Guard Agency and require the Member State concerned to cooperate with the Agency in the implementation of those measures. The European Border and Coast Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commission decision, and an operational plan should be drawn up with the Member State concerned.
Amendment 208 #
2015/0310(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) National authorities carrying out coast guard functions are responsible for a wide range of tasks, including but not limited to maritime safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection. The European Border and Coast Guard Agency, the European Fisheries Control Agency established by Council Regulation (EC) No 768/2005 16 and the European Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council 17 should therefore strengthen their cooperation both with each other and with the national authorities carrying out coast guard functions to increase maritime situational awareness as well as to support coherent and cost-efficient action; synergies between the various actors in the maritime environment should be in line with the EU’s integrated border management and maritime security strategy. __________________ 16 Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (OJ L 128, 21.5.2005, p.1). 17 Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p.1).
Amendment 218 #
2015/0310(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) All port and maritime authorities of the Member States and on the European Maritime Safety Authority (EMSA), and in particular on the captains of vessels sailing in the Mediterranean, should be vigilant in relation to any vessels carrying migrants and refugees who may be in danger, applying the guidelines issued by the International Maritime Organisation and the UN Refugee Agency (UNHCR) on the treatment of people rescued at sea.
Amendment 219 #
2015/0310(COD)
Proposal for a regulation
Recital 28 b (new)
Recital 28 b (new)
Amendment 220 #
2015/0310(COD)
Proposal for a regulation
Recital 28 c (new)
Recital 28 c (new)
Amendment 242 #
2015/0310(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein. and goods therein and helping to ensure and enable good transport, logistics and infrastructure links across external borders.
Amendment 270 #
2015/0310(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European Border and Coast Guard Agency shall establish an operational and technical strategy for the European integrated border management. It shall promote and ensure the implementation of European integrated border management in all Member States, taking into account the need to ensure consistency between Union policies and activities in line with Article 7 of the Treaty on the Functioning of the European Union.
Amendment 317 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The European Border and Coast Guard shall implement the European integrated border management as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks.
Amendment 367 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate pressures, with active support over SAR capacities and operations, as defined by the International Conventions such as SOLAS and SAR, taking into account that some situations may involve humanitarian emergencies and rescue at sea;
Amendment 518 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The aim of the vulnerability assessment is for the Agency to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders, to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders, including on the proper functioning of cross-border transport, logistics and infrastructure links, and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid reserve pool referred to in Article 19(5). That assessment is without prejudice to the Schengen evaluation mechanism.
Amendment 554 #
2015/0310(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries and those helping to ensure and enable good transport, logistics and infrastructure links across external borders;
Amendment 794 #
2015/0310(COD)
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. The Executive Director shall draw up along with the Member States and the European Institutions special provision for the staff involved in return-related activity, detailing their tasks, powers and responsibilities. Special instructions should be also set to the powers of the pilots in command and the extension of criminal law by the country of registration of the aircraft under international aviation law1. 1 Art. 3 of the Tokyo convention of 1963 - registered by the International Civil Aviation Organisation in 1969 ("the State of registration of the aircraft is competent to exercise jurisdiction over acts and offenses committed on board"
Amendment 922 #
2015/0310(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The Agency shall cooperate with the Commission, other Union institutions, the European External Action Service, Europol, the European Asylum Support Office, the European Union Agency for Fundamental Rights, Eurojust, the European Union Satellite Centre, the European Maritime Safety Agency and the European Fisheries Control Agency as well as other Union, agencies, bodies, offices in matters covered by this Regulation including in the transport policy field, and in particular with the objectives of preventing and combating irregular immigration and cross-border crime including the facilitation of irregular immigration, trafficking in human beings and terrorism.
Amendment 950 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the external relations policy of the Union, including with regard to the protection of fundamental rights and ensuring and enabling good transport, logistics and infrastructure links across external borders. The Agency and the Member States shall comply with the norms and standards at least equivalent to those set by Union legislation also when cooperation with third countries takes place on the territory of those countries. The establishment of cooperation with third countries shall serve to promote European border management and return standards.
Amendment 112 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a a (new)
Article 1 – paragraph 1 – point 1 – point a a (new)
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 4 a (new)
Article 7 – paragraph 2 – subparagraph 4 a (new)
A Member State may decide to carry out those consultations on a targeted basis , at external borders that are borders shared between different parts of the Union to which Union law on free movement, in particular in accordance with Directive 2004/38/EC, applies, where the systematic consultation of the databases referred to in paragraph 2(a) and (b) would have a disproportionate impact on the: (i) flow of traffic; and (ii) rights of persons enjoying the right to free movement under Union law; Consultations on a targeted basis shall be carried out only at specified crossing- points of such external borders on the basis of an assessment of the risks related to internal security, public policy, international relations of any of the Member States or a threat to public health. The risk assessment shall be conducted on a joint basis between the parts of the Union sharing such borders and the decision as to whether to conduct the consultation of the databases referred to in paragraph 2(a) and (b) on a systematic or targeted basis shall be taken on a joint basis together with the neighbouring part of the Union and the Commission
Amendment 272 #
2013/2945(RSP)
Motion for a resolution
Paragraph 21
Paragraph 21
21. WelcomesTakes note of Turkey’s decision to grant the Committee on Missing Persons access to a fenced military area in the northern part of Cyprus and encouragescalls on Turkey to allow the Committee tofull access to all relevant archives and military zones for exhumation; calls for special consideration and respect for the work done by the Committee on Missing Persons;
Amendment 2 #
2013/2188(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the Vienna Convention on Diplomatic Relations,
Amendment 3 #
2013/2188(INI)
Motion for a resolution
Citation 33 a (new)
Citation 33 a (new)
– having regard to the Presidential Policy Directive (PPD-28) on Signals Intelligence Activities, issued by US President Barack Obama on 17 January 2014,
Amendment 4 #
2013/2188(INI)
Motion for a resolution
Citation 34
Citation 34
– having regard to legislative proposals currently under examination in the US Congress, in particularcluding the draft US Freedom Act, the draft Intelligence Oversight and Surveillance Reform Act, and others,
Amendment 5 #
2013/2188(INI)
Motion for a resolution
Citation 36
Citation 36
– having regard to the ruling of the United States District Court for the District of Columbia, Klayman et al. v Obama et al., Civil Action No 13-0851 of 16 December 2013, and to the ruling of the United States District Court for the Southern District of New York, ACLU et al. v James R. Clapper et al., XXX of 27 December 2013,
Amendment 14 #
2013/2188(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the ties between Europe and the United States of America are based on the spirit and principles of democracy, liberty, justice and solidarity; whereas cooperation between the United States and the European Union and its Member States in counter-terrorism remains vital for the security and safety of both partners;
Amendment 44 #
2013/2188(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the US authorities have denied some of the information revealed but not contested the vast majority of it; whereas the public debate has developed on a large scale in the US and in a limited number ofcertain EU Member States; whereas EU governments too often remain silent and fail to launch adequate investigations;
Amendment 49 #
2013/2188(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the District Court for the District of Columbia, in its Decision of 16 December 2013, has ruled that the bulk collection of metadata by the NSA is in breach of the Fourth Amendment to the US Constitution25 ; whereas, however the District Court for the Southern District of New York ruled in its Decision of 27 December 2013 that this collection was lawful; __________________ 25 Klayman et al. v Obama et al., Civil Action No 13-0851, 16 December 2013.
Amendment 51 #
2013/2188(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. Whereas, according to an open memorandum submitted to President Obama by Former NSA Senior Executives/Veteran Intelligence Professionals for Sanity (VIPS) on 7th January 2014 27 a the massive collection of data does not enhance its ability to prevent future terrorist attacks; whereas, they stress that mass surveillance conducted by the NSA has resulted in the prevention of zero attacks and that billions have been spent in programs which are less effective and hugely more intrusive on citizens' privacy than an in- house technology called THINTHREAD that was built in 2001; __________________ 27a http://consortiumnews.com/2014/01/07/ nsa-insiders-reveal-what-went-wrong/
Amendment 54 #
2013/2188(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas in his Presidential Policy Directive on Signals Intelligence Activities of 17 January 2014 and the related speech, US President Barack Obama insisted that mass electronic surveillance continues to be necessary for the United States to protect its national security, citizens and the citizens of US allies and partners, as well as to advance its foreign policy interests; whereas this policy directive limits the authorisation for the bulk collection of signals intelligence and specifically excludes the gathering of any kind of signals intelligence for commercial purposes; whereas the policy directive mandates the development of safeguards for the personal information of all individuals, regardless of their nationality or residence, partly providing for treatment equivalent to that enjoyed by US citizens; whereas however President Obama did not announce any concrete proposals in terms of the introduction of administrative and judicial redress for non-US persons;
Amendment 119 #
2013/2188(INI)
Motion for a resolution
Recital BF a (new)
Recital BF a (new)
BFa. whereas national oversight bodies often do not have full access to intelligence received from a foreign intelligence agency which can lead to gaps in which international information exchanges can take place without adequate review; whereas this problem is further aggravated by the so-called "third party rule" or the principle of "originator control", which has been designed to enable the originator to maintain control on the further dissemination of its sensitive information but is unfortunately often interpreted as applying also to the recipient services' oversight;
Amendment 120 #
2013/2188(INI)
Motion for a resolution
Recital BF b (new)
Recital BF b (new)
BFb. Whereas private and public transparency reform initiatives are key to ensuring public trust in the activities of intelligence agencies; whereas legal systems should not prevent companies from disclosing to the public information about how they handle all types of government requests and court orders for access to user data, including the possibility of disclosing aggregate information on the number of requests and orders approved and rejected;
Amendment 150 #
2013/2188(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers it very doubtful that data collection of such magnitude is only guided by the fight against terrorism, as it involves the collection of all possible data of all citizens; points therefore to the possible existence of other power motives such asurposes including political and economic espionage;
Amendment 156 #
2013/2188(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Condemns in the strongest possible terms the vast, systemic, blanket collection of the personal data of innocent people, often comprising intimate personal information; emphasises that the systems of mass, indiscriminate surveillance by intelligence services constitute a serious interference with the fundamental rights of citizens; stresses that privacy is not a luxury right, but that it is the foundation stone of a free and democratic society; points out, furthermore, that mass surveillance has potentially severe effects on the freedom of the press, thought and speech, as well as a significant potential for abuse of the information gathered against political adversaries; emphasises that these mass surveillance activities appear also to entail illegal actions by intelligence services and raise questions regarding the extra-territoriality of national laws;
Amendment 176 #
2013/2188(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Commends the current discussions, inquiries and reviews concerning the subject of this inquiry in several parts of the world; points to the Global Government Surveillance Reform signed up to by the world’s leading technology companies, which calls for sweeping changes to national surveillance laws, including an international ban on bulk collection of data to help preserve the public’s trust in the internet; notes with great interest the recommendations published recently by the US President’s Review Group on Intelligence and Communications Technologies; points to the call by 562 international authors, including five Nobel Prize laureates, for an end to mass surveillance by the NSA; strongly urges governments to take these calls and recommendations fully into account and to overhaul their national frameworks for the intelligence services in order to implement appropriate safeguards and oversight;
Amendment 189 #
2013/2188(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the US authorities and the EU Member States to prohibit blanket mass surveillance activities and bulk processing of personal data; originated in particular from personal communications and commercial data; calls on EU Member States to promote an initiative in the UN for an international treaty prohibiting such activities and the tools involved including an agency for its oversight;
Amendment 191 #
2013/2188(INI)
Motion for a resolution
Paragraph 19 – subparagraph 1 (new)
Paragraph 19 – subparagraph 1 (new)
Calls on all EU Member States, and in particular those participating in the so- called "9-eyes" and "14-eyes" programmes, to comprehensively evaluate and revise their national legislation and practices governing the activities of intelligence services – including their (strategic) surveillance powers, authorisation procedures and oversight mechanisms - so as to ensure that they are in line with the standards of the European Convention on Human Rights and comply with their fundamental rights obligations as regards data protection, privacy, presumption of innocence, the necessity and proportionality of surveillance activities, as well as parliamentary and judicial oversight, as also set out in the UN compilations of good practices 38e and the recommendations of the Venice Commission 38f; __________________ 38e UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Combating Terrorism 2010, Compilation of good practices on legal and institutional frameworks and measures that ensure respect for human rights by intelligence agencies, UN General Assembly, A/HRC/14/46, 17 May 2010. 38f European Commission for Democracy Through Law (Venice Commission), Report on Democratic Oversight of the Security Services in Council of Europe States, Study 388/2006, June 2007 (update due in spring 2014).
Amendment 193 #
2013/2188(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the UK to revise its national legislation and practices governing the activities of intelligence services so as to ensure that they are in line with the standards of the European Convention on Human Rights and comply with their fundamental rights obligations as regards data protection, privacy and presumption of innocence; in particular, given the extensive media reports referring to mass surveillance in the UK, would emphasise that the current legal framework which is made up of a 'complex interaction' between three separate pieces of legislation – the Human Rights Act 1998, the Intelligence Services Act 1994 and the Regulation of Investigatory Powers Act 2000 – should be revised;
Amendment 194 #
2013/2188(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Calls on Germany to revise the law on the German foreign intelligence service (BND) and the G-10 Law by making them more specific, reinforcing the rights of all persons whose communications are intercepted, providing for more public information in particular as to the activities of the G10 Commission, reinforcing the technical capabilities and investigative powers of the parliamentary oversight bodies, and adjusting the laws to the developments regarding internet technology and use;
Amendment 195 #
2013/2188(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Calls on France to reinforce the system of checks and balances in the field of intelligence activities so as to ensure it is in line with the European Convention on Human Right's requirements, to strengthen its general oversights mechanisms, both as regards the ex ante authorisation procedures, the involvement of the Parliament in monitoring of intelligence activities and the reinforcement of technical capabilities and investigate powers of the latter. Moreover encourages the National Commission for the Control of Security Interceptions (CNIS), independent administrative authority to monitor more closely and effectively the processing of data collected by the various intelligence agencies. Urges France to clarify the situation on allegations regarding potential agreements between intelligence services and telecommunication companies as regard access to and exchange of personal data and access to communication facilities including Transatlantic cables. Takes notes of the adoption of the "Loi de programmation militaire 2014-2019" in December 2013 clarifying the framework according to which intelligence services may have access to communication data, with regards to fighting against terrorism;
Amendment 196 #
2013/2188(INI)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19d. Calls on Sweden to revise the internet laws which authorised the National Defence Radio Establishment (FRA) to monitor communications traffic into and out of Sweden, cable bound as well as in the ether (radio and satellite), including emails, text messages and telephone calls and Act on signals intelligence which allows for the bulk transfer of data to other states if authorised by the Government, in order to specify the means and the scope of the surveillance and to improve the foreseeability of law which would enable an individual to foresee whether their communication or data about their communication is collected by FRA; recommends further to reinforce the system of checks and balances in oversight of the signals intelligence by including at the composition of the Inspection for Defence Intelligence Operations the parliamentarians in office;
Amendment 197 #
2013/2188(INI)
Motion for a resolution
Paragraph 19 e (new)
Paragraph 19 e (new)
19e. Takes note of the review of the Dutch Intelligence and Security Act 2002 (report by the "Dessens Commission" of 2 December 2013); supports those recommendations of the review commission which aim to strengthen the transparency of and the control and oversight on the Dutch intelligence services; calls on the Netherlands to refrain from extending the powers of the intelligence services so that untargeted and large-scale surveillance could also be performed on cable-bound communications of innocent citizens, especially given the fact that one of the biggest Internet Exchange Points in the world is located in Amsterdam (AMS-IX); calls for caution in defining the mandate and capabilities of the new Joint Sigint Cyber Unit, as well as for the presence and operation by US intelligence personnel on Dutch territory;
Amendment 198 #
2013/2188(INI)
Motion for a resolution
Paragraph 19 f (new)
Paragraph 19 f (new)
19f. Calls on Poland to revise data protection legislation in particular as far as their access by different (law enforcement or intelligence) authorities to citizens' personal data from various sources is concerned) and introduce an independent supervisory mechanism over their activity, notably in the area of intelligence and general crime prevention; strongly recommends that Poland properly applies freedom of information laws with respect to national security issues ; recommends further that any freedom of information requests shall be duly and adequately treated, notably when relevant for explaining government involvement in programs of mass surveillance and for thereby holding decision-makers accountable;
Amendment 200 #
2013/2188(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 218 #
2013/2188(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the US to revise its legislation without delay in order to bring it into line with international law, to recognise the privacy and other rights of EU citizens, to provide for judicial redress for EU citizens and to sign the AddiOptional Protocol allowing for complaints by individuals under the ICCPR;
Amendment 220 #
2013/2188(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Welcomes in this regard the remarks made and the Presidential Policy Directive issued by US President Obama on 17 January 2014 as a step towards limiting the authorisation for the use of surveillance and data processing to national security purposes and towards equal treatment of all individuals' personal information, regardless of their nationality or residence, by the US intelligence community; however awaits in the context of the EU-US relationship further specific steps which will, most importantly, strengthen trust in transatlantic data transfers and provide for binding guarantees for enforceable privacy rights of EU citizens, as outlined in detail in this report;
Amendment 221 #
2013/2188(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Strongly opposes any conclusion of an additional protocol or guidance toesses its serious concerns about the work within the Council of Europe's Cybercrime Convention Committee on the interpretation of Article 32 of the Convention on Cybercrime of 23 November 2001 (Budapest Convention) on trans-border access to stored computer data whicith could provide for a legitimisation of intelligence services’ access to data stored in another jurisdiction without its authorisation and without the use of existing mutual legal assistance instruments, since this could result in unfettered remote access by law enforcement authorities to servers and computers located in other jurisdictions and would be in conflict withnsent or where publicly available and opposes any conclusion of an additional protocol or guidance intending to broaden the scope of this provision beyond the current regime established by this Convention, which already is a major exception to the principle of territoriality because it could result in unfettered remote access by law enforcement authorities to servers and computers located in other jurisdictions without recourse to MLA agreements and other instruments of judicial cooperation put in place to guarantee the fundamental rights of the individual, including data protection and due process, namely Council of Europe Convention 108;
Amendment 235 #
2013/2188(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission to present by June 2014 a comprehensive assessment of the US privacy framework covering commercial, law enforcement and intelligence activities in response to the fact that the EU and the US legal systems for protecting personal data are drifting apart; encourages the Commission to engage with the US administration and the US Congress to enhance compatibility of EU and US privacy frameworks;
Amendment 275 #
2013/2188(INI)
Motion for a resolution
Paragraph 53
Paragraph 53
53. Notes that trust in US cloud computing and cloud providers has been negatively affected by the abovementioned practices; emphasises, therefore, the development of European clouds as an essential element for growth and employment and trust in cloud computing services and providers and for ensuring a high level of personal data protection; emphasises in addition the potential for growth and employment and the overall economic value of EU cloud with reported forecasts that the cloud market will be worth 207 billion US$ a year by 2016, which amounts to double the value in 201240a; __________________ 40a http://www.whitehouse.gov/sites/default /files/docs/2013-12-12_rg_final_report.pdf
Amendment 294 #
2013/2188(INI)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Strongly emphasises, given the importance of the digital economy in the relationship and in the cause of rebuilding EU-US trust, that the consent by the European Parliament to the final TTIP agreement is endangered without a prior adequate solution for data privacy rights of EU citizens, including administrative and judicial redress; underlines that the European Parliament will only consent to the final TTIP agreement provided the agreement fully respects fundamental rights recognised by the EU Charter, and that the protection of the privacy of individuals in relation to the processing and dissemination of personal data must continue to be governed by Article XIV of the GATS;
Amendment 305 #
2013/2188(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Invites, as it has done in the case of Echelon, all national parliaments which have not yet done so to install meaningful oversight of intelligence activities by parliamentarians or expert bodies with legal powers to investigate; calls on national parliaments to ensure that such oversight committees/bodies have sufficient resources, technical expertise and legal means to be able to effectively control intelligence services; calls on Member States to revise their legislative framework to ensure that their oversight bodies are not considered as a third party under the "third party rule" or the principle of "originator control", thereby allowing for adequate scrutiny and accountability of intelligence from foreign countries;
Amendment 434 #
2013/2188(INI)
Motion for a resolution
Paragraph 95
Paragraph 95
95. Calls on the Commission, by September 2014, to evaluate the possibilities of encouraging software and hardware manufacturers to introduce more security and privacy through default features in their products, including the possibility of introducing legal liability on the part of manufacturers for unpatched known vulnerabilities or the installation of secret backdoors, and disincentives for the undue and disproportionate collection of mass personal data, and if appropriate to come forward with legislative proposals; in this respect, calls on the Commission to evaluate the possibility of setting up a certification or validation scheme for IT hardware including testing procedures on EU level to ensure the integrity and security of the products;
Amendment 477 #
2013/2188(INI)
Motion for a resolution
Paragraph 111
Paragraph 111
111. Calls on the Member States to follow the call of the 35th International Conference of Data Protection and Privacy Commissioners ‘to advocate the adoption of an additional protocol to Article17 of the International Covenant on Civil and Political Rights (ICCPR), which should be based on the standards that have been developed and endorsed by the International Conference and the provisions in the Human Rights Committee General Comment No 16 to the Covenant in order to create globally applicable standards for data protection and the protection of privacy in accordance with the rule of law’; calls on the Member States to include in this exercise to advocate for an international UN agency in charge of in particular monitoring the emergence of surveillance tools and of regulating and investigating their uses; asks the High Representative/Vice- President of the Commission and the External Action Service to take a proactive stance;
Amendment 479 #
2013/2188(INI)
Motion for a resolution
Paragraph 112
Paragraph 112
112. Calls on the Member States to develop a coherent and strong strategy within the United Nations, supporting in particular the resolution on ‘The right to privacy in the digital age’ initiated by Brazil and Germany, as adopted by the third Committee of the UN General Assembly Committee (Human Rights Committee) on 27 November 2013;
Amendment 314 #
2013/2078(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Calls for greater involvement of EU institutions and improved multi- stakeholder dialogue on the challenges older people face in the full application of their human rights;
Amendment 9 #
2013/2024(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that, in its communication of 20 April 2010 entitled ‘Delivering an area of freedom, security and justice for Europe's citizens - Action Plan Implementing the Stockholm Programme’3 , the Commission argued in favour of a more ambitious response to the day-to-day concerns and aspirations of EU citizens, residents and migrants and emphasised that the Union must be able to react to unexpected events and be swift in seizing opportunities and in anticipating and adjusting to future trends;
Amendment 11 #
2013/2024(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 12 #
2013/2024(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 16 #
2013/2024(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 24 #
2013/2024(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 27 #
2013/2024(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 29 #
2013/2024(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 38 #
2013/2024(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 74 #
2013/2024(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls attention to the importance of the forthcoming Commission Report on the Transposition of the Framework Decision 2008/913/JHA on combating forms and expression of racism and xenophobia by means of criminal law (due out by the 28th November 2013); encourages strengthened efforts to combat impunity and redress inconsistencies in Member States' laws and practices, as there is still no legislative provision in some Member States providing for the imposition of restrictions, including prohibition, on political parties involved in racism and hate, including Holocaust denial; Call on the Commission to step up efforts to condemn hate speech and Holocaust denial made by public and political figures and begin the process to launch infringement proceedings as early as 2014;
Amendment 76 #
2013/2024(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Considers that greater attention is needed to respond to the particular situation of vulnerable groups, as mentioned in point 2.3.3. of the Stockholm Programme and in strengthening the fight against racism, xenophobia, anti-Semitism, Islamophobia, Afrophobia, anti-Gypsyism, and homophobia in the European Union;
Amendment 113 #
2013/2024(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Calls on the European Commission to pursue existing plans to make proposals for an all-encompassing approach for the mutual recognition of the effects of civil status documents, in order for European citizens and residents and their families to carry throughout the European Union existing rights attached to civil statuses already legally recognised in several European jurisdictions
Amendment 138 #
2013/2024(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Strongly believes that consistency in principles applied in the development of an EU criminal justice area should be a priority and that the EU institutions should cooperate closely with each other in this respect, as outlined in Parliament's resolution on an EU approach to criminal law9 ; believes that mutual trust between the Member States must be strengthened and that mutual recognition and harmonisation of EU criminal law cannot progress without serious feed-back on the implementation of these rules at Member State level;
Amendment 139 #
2013/2024(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 146 #
2013/2024(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Believes that the evaluation of the implementation of the Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law provides the opportunity to initiate and adopt further European-legislation on all forms of hate crimes1. __________________ 1 This is a clear reference to the 2009 EP report on Stockholm
Amendment 179 #
2013/2024(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Acknowledges that cross-border crime is on the increase in the EU and therefore underlines the importance of European law enforcement information exchange; believes that the current ‘landscape’ of the different instruments, channels and tools is complicated and scattered, leading to inefficient use of the instruments available and to inadequate democratic oversight at EU level and insufficient accountability to citizens and migrants; calls for a future- oriented vision on how to shape and optimise law enforcement data sharing in the EU while guaranteeing a robust level of data protection, using collection methods respecting the right to privacy, dignity, and non-discrimination, and adhering to and respecting the fundamental rights of those under suspicion; calls on the Commission quickly to bring forward proposals to bring cross-border police cooperation instruments adopted under the former third pillar – such as the Prüm Decision and the Swedish Initiative – under the legal framework of the Lisbon Treaty;
Amendment 191 #
2013/2024(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 212 #
2013/2024(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Acknowledges that the Schengen area is a kind of laboratory that so far has been developed step by step; is nevertheless of the opinion that a long-term reflection about its further development is necessary; believes that the Schengen external borders should in the future be guarded by European border guards, trained in human rights standards of protection and supported by legal officers, human rights personnel, interpreters and medical workers;
Amendment 220 #
2013/2024(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Welcomes the reform of the mandate of FRONTEX and the agreement on Eurosur; considers that the new rules for the surveillance of sea borders need to be agreed on as soon as possible, that priority should be given to saving the lives of migrants and that the principle of non- refoulement is to be fully respectedwith respect to the principle in Article 13(2) of the 1948 UN Universal Declaration of Human Rights and the principle in the 1951 Convention relating to the Status of Refugees, that priority should be given to saving the lives of migrants and that the principle of non-refoulement is to be fully respected, as well as the rights of children and victims of trafficking; welcomes the successful migration to the Schengen Information System II, the continued roll- out of the Visa Information System and the setting-up of the agency eu-LISA for their operational management; underlines that these new systems now need to stand the test of everyday use; recalls its request that 'new border management instruments or large-scale data storage systems should not be launched until the existing tools are fully operational, safe and reliable'; is looking forward to the evaluations of the systems foreseen in the respective legal instruments;
Amendment 226 #
2013/2024(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
Amendment 235 #
2013/2024(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42 a. Calls European institutions and Member States to increase the mobility of workers by allowing for temporary visas and by facilitating the re-application process of those already in the system; this would effectively increase worker mobility by guaranteeing legal certainty and increasing EU internal mobility;
Amendment 246 #
2013/2024(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43 a. Urgently calls for greater transparency, requiring each Member State to report annually on the progress of each specific minority group in matters of labour market integration and equality policy impacts; encourages the European Commission to deliver an "annual trend report" reflecting the comparable indicators on social cohesion that have been agreed upon and put forth as targets, including an EU-wide monitoring of the situation of newcomers, long-term residents, naturalised migrants, the children of migrants and broken down by equality grounds (i.e. ethnic/racial, religion/belief, gender, age, sexual orientation and disability), so as to measure progress in social inclusion policies over time. The Open Method of Coordination should be applied to this end;
Amendment 270 #
2013/2024(INI)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46 a. Calls European institutions and Member States to evaluate the transposition of the EU Blue Card Directive and follow this up with European Commission Guidelines; urgently calls for the European Commission to initiate infringement proceedings in a timely manner should a Member State not comply with the requirements of the Directives;
Amendment 274 #
2013/2024(INI)
Motion for a resolution
Paragraph 46 b (new)
Paragraph 46 b (new)
46 b. Calls European institutions and Member State governments to raise attention among the wider public and employers about the EU Immigration Portal, which provides EU and national guidelines, procedural steps and lists the required documentation third country nationals need for working in the EU; governments need to elaborate on this online information by providing relevant information for third country nationals already residing in the EU to work either in the country of EU residence or in another EU country, including relevant information about pension schemes, unemployment benefits, workers' rights and job postings; and made available in multiple languages;
Amendment 289 #
2013/2024(INI)
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49 a. Stresses the continued need for the Union to provide practical support and best practices to Member States, so they can effectively ensure the correct application of existing EU migration as well as anti-discrimination legislation; draws attention to some existing efforts made by the Commission to help Member States ensure that existing legislation is properly applied to tackle discrimination (notably, the preparation of a Council Recommendation on practical measures to help Member States integrate the Roma in the wider community, which has been adopted by the Commission in June 2013; tools such as the LIME Assessment Framework to assess the economic impact of migration and integration policies, as this has the potential to put migration and integration firmly on national and EU agendas by demonstrating the importance of sound migration policies and the need for comprehensive efforts to increase labour market and educational outcomes for migrants);
Amendment 294 #
2013/2024(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Welcomes the initiative of the Commission in drawing up the EU Justice Scoreboard which aims at ensuring a high- quality justice system in the area of civil, commercial and administrative law since, at the end of the day, the concrete application of laws is in the hands of the courts; calls for the justice scoreboard exercise to assess all justice areas, including criminal justice and all horizontal issues;, proposes that the Scoreboard be updated to also prioritise the monitoring of discrimination against ethnic minorities, migrants, and other disadvantaged groups, proposes that data regarding the state of the rule of law, democracy and fundamental rights, and the fulfilment of European values (Article 2 of the Treaty on European Union (TEU)) in all Member States be included as well;
Amendment 299 #
2013/2024(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Requests the Commission to put more emphasis on overseeing and ensuring the concrete implementation of EU legislation by the Member States; notes that, when the rights of citizens, residents and migrants are concerned, this needs to be done as of the first day an act enters into force; considers that more needs to be done in this area, and that the reasons for any failure to implement EU legislation should be identified;
Amendment 304 #
2013/2024(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Is of the opinion that improving the quality of EU legislation in the area of freedom, security and justice requires a joint effort by the Member States and the European institutions in order to improve the exchange of information on each national system and to provide accurate legal information (on national/regional applicable legislation and standards) while ensuring the protection of fundamental rights as well as information on implementation and practises;
Amendment 309 #
2013/2024(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Considers that the development of a European judicial culture is a key prerequisite for making the area of freedom, security and justice a reality for citizens; calls, with this in mind, for much greater emphasis on, and funding for, EU judicial training for all legal professionals; notes the importance of using a ‘bottom-up approach’ for judicial training schemes, of ensuring the greater accessibility of European law information resources via web technology (i.e. an e-justice portal), of improving knowledge of European law among the judiciary as well as of the linguistic skills of judicial practitioners, and of establishing and maintaining networks in this field; notes that the training of police forces with a European and interculturally sensitive perspective is equally important;
Amendment 522 #
2013/0139(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall ensure that consumers legally resident in the Union are not discriminated against by reason of their nationality or place of residence or any other ground, including sex, ethnic or social origin, religion or belief, disability, age, or sexual orientation, when applying for or accessing a payment account within the Union.
Amendment 531 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that at least onell payment service providers in their territory offers a payment account with basic features to consumers. Member States shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities.
Amendment 637 #
2013/0139(COD)
Proposal for a directive
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4a. Member States shall ensure that payment service providers provide all consumers with accessible information, premises, ATM and online facilities, and offer alternatives to digital services.
Amendment 642 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers free of charge, notably for people with low income receiving social benefits, or for a reasonable fee.
Amendment 694 #
2013/0139(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall ensure that payment service providers make available to consumers informationaccessible information and adequate assistance about the specific features of the payment account with basic features on offer, their associated fees and their conditions of use. Member States shall also ensure that the consumer is informed that the purchase of additional services is not compulsory to access a payment account with basic features.
Amendment 701 #
2013/0139(COD)
Proposal for a directive
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. The authorities referred to in paragraph 1 shall regularly consult relevant stakeholders, including consumers' representatives, to ensure and monitor effective compliance with this Directive, without prejudice to the independence clause referred to in paragraph 1.
Amendment 5 #
2012/2324(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers it regrettable that the idea that human rights are universal, indivisible and interrelated is a principle of law that remains more theory than practice, given that different aspects of human identity are treated separately in existing EU legal instruments; stresses that discrimination and hate do not manifest themselves separately, that human rights are indivisible, that our identities are plural and that we cannot split rights or indeed ourselves; emphasises that multiple discrimination is a reality for many individuals living in the EU, which needs to be recognised by EU lawthere is a lack of legal clarity and certainty regarding multiple discrimination, which needs to be tackled at an EU level given that existing rules and standards remain fragmented across Member States;
Amendment 7 #
2012/2324(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers that awareness raising on EU antidiscrimination legislation in the field of employment has not been sufficient, with rights awareness in the area of discrimination very low amongst EU citizens; takes the view that it is important to continue developing awareness-raising activities by national and local authorities and equality bodies and organisations and to discuss the possibility of the development of coordination actions at an EU level including strategies, frameworks or roadmaps;
Amendment 41 #
2012/2133(INI)
Motion for a resolution
Recital E
Recital E
E. whereas e-commerce is very useful for consumers with disabilities and thosereduced mobility and living in rural and remote areas;
Amendment 50 #
2012/2133(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the development of e- commerce is slowed down by the still existing digital divide among Union citizens;
Amendment 87 #
2012/2133(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls for consumers to be able to exercise their rights simply and effectively in basic areas relating to food, health, transport, energy, financial and digital services, pharmaceuticals and medical devices;
Amendment 146 #
2012/2133(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that market information must be accessible, reliable, clear and comparable, and that binding commercial guarantees need to be adopted that ensure the administration of justice in cases where intermediaries become insolvent; emphasises the need to prosecute unfair commercial practices and unfair contract terms or mass market manipulation such as occurred in the Libor and/or Euribor markets; highlights the need to protect consumers ‘trapped’ by a financial product, and those with mortgages who, for reasons not attributable to the consumer, are at risk of being evicted from their homes;
Amendment 162 #
2012/2133(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the need to provide better protection of the rights of vulnerable consumer groups such as children and the elderlyolder people, particularly with regard to transport, financial services, energy, as well as ICT;
Amendment 193 #
2012/2133(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that redress mechanisms, such as alternative dispute resolution (ADR), collective dispute resolution or online dispute resolution, must be available, fast, accessible and effective; stresses that ADR procedures should be resolved within a maximum of 90 days, and that unemployed consumers should, either individually or through a consumer association, have access to free income- based legal aid for court proceedings;
Amendment 198 #
2012/2133(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Emphasises the need to ensure the accessibility of goods and services in the Union, covering areas such as built environment, transport and ICT; urges the Commission to release an ambitious Union Accessibility Act;
Amendment 113 #
2012/2130(INI)
Motion for a resolution
Recital AK
Recital AK
AK. whereas a non-parliamentary body, the Budget Council, with limited democratic legitimacy, has been granted the power to veto the adoption of the general budget, thus restricting the scope for action of the democratically elected legislature and allowing the President of the Republic to dissolve the Parliament;
Amendment 151 #
2012/2130(INI)
Motion for a resolution
Recital BO
Recital BO
BO. whereas, despite the fact that the laws were amended in 2011 following negotiations with the European Commission and in May 2012 further to the decision of the Constitutional Court of December 2011 overturning several provisions as unconstitutional regarding the content regulation of the printed press, the protection of the sources of journalists, the requirement of data provision, and the institution of the Media and Telecommunications Commissioner, the OSCE Representative on freedom of the Media has deplored that several amendments were introduced and adopted at short notice without consulting stakeholders and that fundamental elements in the legislation have not been improved, notably the appointment of the president and members of the Media Authority and Media Council, their power over content in the broadcast media, the imposition of high fines and the lack of safeguards on the financial and editorial independence of public broadcasters;
Amendment 158 #
2012/2130(INI)
Motion for a resolution
Recital BS
Recital BS
BS. whereas the respect for the rights of persons belonging to minorities is explicitly recognised among the values referred to in Article 2 TEU and the Union is committed to promoting these values and combating social exclusion, racism, anti- Semitism and discrimination;
Amendment 161 #
2012/2130(INI)
Motion for a resolution
Recital BT
Recital BT
BT. whereas the responsibility of Member States to ensure that the fundamental rights of all are respected, irrespective of their ethnicity or belief, covers all levels of public administration as well as the law enforcement authorities and also implies actively promoting tolerance and firmly condemning phenomena such as racial violence and hate speech, anti-Semitic and anti-Roma hate speech, particularly when it is expressed in official or public forums including in the Hungarian parliament;
Amendment 167 #
2012/2130(INI)
Motion for a resolution
Recital BW
Recital BW
BW. whereas, although intolerance against the members of Roma and Jewish communities is not a problem solely associated with Hungary and other Member States are faced with the same predicament, recent events have raised concerns as to the increase in anti-Roma and anti-Semitic discoursehate speech in Hungary;
Amendment 227 #
2012/2130(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that the constitutional majority raised the number of constitutional judges from 11 to 15 and abolished the requirement of reaching an agreement with the opposition regarding the election of constitutional judges. Is concerned that due to these measures 8 out of the 15 current constitutional judges have been elected by the 2/3 majority exclusively (with one exception), including two new members who were appointed directly from their position of Member of Parliament.
Amendment 284 #
2012/2130(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Welcomes the continued constructive dialogue with international actors and stresses that the fruitful cooperation between the Council of Europe and the Hungarian Government bore tangible results, as reflected in Act XXXIII of 2013, which address severalome of the concerns previously highlighted in the legal assessments of media legislation, notably in relation to the appointment and election procedures for the presidents of the Media Authority and the Media Council, recalls however that there are still concerns regarding the independence of the media authority;
Amendment 300 #
2012/2130(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Notes that the Hungarian Parliament has enacted legislation in criminal and civil areas to combat racial incitement and hate speech;, points out, however, that legislation on its own cannot achieve the goal of creating a society free from intolerance and discrimination throughout Europe, especially when it is not being actively implemented;
Amendment 304 #
2012/2130(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Underlines that the authorities in all Member States have a positive obligation to act to avoid violation of the rights of persons belonging to minorities and, cannot remain neutral and should take the necessary legal, educational and political measures when faced with such violations;
Amendment 487 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 20
Paragraph 61 – indent 20
– to take positive action and effective measures to ensure that the fundamental rights of all persons, including persons belonging to minorities, are respected;
Amendment 60 #
2012/0340(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) This web-accessibility, specifically a commitment to make all public websites accessible by 2010, was included in the 2006 Riga EU Ministerial Declaration on an inclusive information society;
Amendment 76 #
2012/0340(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) The web-accessibility requirements should be implemented as a universal design approach, rather than developing separate, specialised or adapted designs, and the design of products, environments, programmes and services should be to the greatest extent possible usable for any person, in line with Article 9 of the UN Convention on the Rights of Persons with Disabilities;
Amendment 100 #
2012/0340(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. It lays down the rules according to which Member States shall make accessible the functionality and content of websites , including any items for downloading, belonging to public sector bodies, the types of which are specified in the Annex.
Amendment 110 #
2012/0340(COD)
Proposal for a directive
Article 2 – point 1
Article 2 – point 1
(1) ‘Websites concerned’ means those referred to in Article 1(2) of this Directive. all versions of those websites, accessible via one or any device, referred to in Article 1(2), including those designed to be accessed with a mobile or tablet device, or any other means.
Amendment 131 #
2012/0340(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8a) "Universal design" means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. "Universal design" shall not exclude assistive devices for particular groups of persons with disabilities where this is needed.
Amendment 137 #
2012/0340(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) through a universal design approach.
Amendment 155 #
2012/0340(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Member States shall engage in awareness raising activities of the requirements of web-accessibility and the benefits to users, in order to encourage the development of accessible design in websites in the private and NGO sectors.
Amendment 157 #
2012/0340(COD)
Proposal for a directive
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
2b. Member States shall promote and support training for web-accessibility to relevant and appropriate stakeholders, including civil servants, employees of public bodies, authorities and organisations which provide basic services to the public to create, manage and update web pages and content.
Amendment 177 #
2012/0340(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The Commission shall create a regular working group to monitor the implementation and exchange best practices of this Directive. The working group should consist of representatives appointed by Member States, from the Commission, and from civil society.
Amendment 192 #
2012/0340(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Member States shall apply the measures referred to in Article 3(1) to any new websites or websites that are redesigned as from the end of the transposition period of this Directive.
Amendment 193 #
2012/0340(COD)
Proposal for a directive
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
1b. Member States shall apply the measures referred to in Article 3(1) to any existing websites by 30 June 2016.
Amendment 198 #
2012/0340(COD)
Proposal for a directive
Annex – point 1 a (new)
Annex – point 1 a (new)
(1a) National, regional and administrative services: legal certificates, personal documents, declaration to police, legal support, elections, online dispute resolution services.
Amendment 199 #
2012/0340(COD)
Proposal for a directive
Annex – point 2 a (new)
Annex – point 2 a (new)
(2a) Social services of general interest: social security, employment and training services, social housing, child care, long- term care, social assistance services.
Amendment 201 #
2012/0340(COD)
Proposal for a directive
Annex – point 3 a (new)
Annex – point 3 a (new)
(3a) Network services: gas, electricity, water, postal services, telecommunications.
Amendment 203 #
Amendment 205 #
Amendment 207 #
2012/0340(COD)
Proposal for a directive
Annex – point 10
Annex – point 10
(10) Enrolment in primary, secondary, higher education or university, and lifelong learning
Amendment 210 #
2012/0340(COD)
Proposal for a directive
Annex – point 11
Annex – point 11
(11) NResidence and notification of change of residence
Amendment 213 #
2012/0340(COD)
Proposal for a directive
Annex – point 12
Annex – point 12
(12) Health-related services: including access to electronic health records, interactive advice on the availability of services, online services for patients, appointments.
Amendment 385 #
2012/0011(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The principles of data protection should apply to any information concerning an identified or identifiable person. To determine whether a person is identifiable, account should be taken of all the means likely reasonably likely to be used either by the controller or by any other person to identify the individual. For historical, statistical and scientific purposes, identification should not be deemed ‘reasonably likely’ where the data being used is kept separately from the information enabling identification of the data subject. The principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable.
Amendment 418 #
2012/0011(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Personal data relating to health should include in particular all datapersonal information pertaining to the health status of a data subject; information about the registration of the individual for the provision of health services; information about payments or eligibility for healthcare with respect to the individual; a number, symbol or particular assigned to an individual to uniquely identify the individual for health purposes; any information about the individual collected in the course of the provision of health services to the individual; personal information derived from the testing or examination of a body part or bodily substance, includingor biological samples; identification of a person as provider of healthcare to the individual; or any information on e.g. a disease, disability, disease risk, medical history, clinical treatment, or the actual physiological or biomedical state of the data subject independent of its source, such as e.g. from a physician or other health professional, a hospital, a medical device, or an in vitro diagnostic test.
Amendment 434 #
2012/0011(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30 a) Workers’ personal data, especially sensitive data such as political orientation and trade union membership and activities, should be protected in accordance with Articles 8, 12, 27 and 28 of the Charter of Fundamental Rights of the European Union and Articles 8 and 11 of the European Convention on Human Rights. Safeguards should be implemented to avoid instances where workers’ personal data is used in the practice of blacklisting where it is passed on to other enterprises or individuals with the aim of discriminating against particular workers.
Amendment 464 #
2012/0011(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The processing of personal data for other purposes should be only allowed where the processing is compatible with those purposes for which the data have been initially collected, in particular such as where the processing is necessary for historical, statistical or scientific research purposes. Where the other purpose is not compatible with the initial one for which the data are collected, the controller should obtain the consent of the data subject for this other purpose or should base the processing on another legitimate ground for lawful processing, in particular where provided by Union law or the law of the Member State to which the controller is subject. In any case, the application of the principles set out by this Regulation and in particular the information of the data subject on those other purposes should be ensured.
Amendment 491 #
2012/0011(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Any person should have the right to have personal data concerning them rectified and a ‘right to be forgotten’ where the retention of such data is not in compliance with this Regulation. In particular, data subjects should have the right that their personal data are erased and no longer processed, where the data are no longer necessary in relation to the purposes for which the data are collected or otherwise processed, where data subjects have withdrawn their consent for processing or where they object to the processing of personal data concerning them or where the processing of their personal data otherwise does not comply with this Regulation. This right is particularly relevant, when the data subject has given their consent as a child, when not being fully aware of the risks involved by the processing, and later wants to remove such personal data especially on the Internet. However, the further retention of the data should be allowed where it is necessary for historical, statistical and scientific research purposes, for reasons of public interest in the area of public health, for the purposes of processing health data for health purposes, for exercising the right of freedom of expression, when required by law or where there is a reason to restrict the processing of the data instead of erasing them.
Amendment 619 #
2012/0011(COD)
Proposal for a regulation
Recital 116
Recital 116
(116) For proceedings against a controller or processor, the plaintiff should have the choice to bring the action before the courts of the Member States where the controller or processor has an establishment or where the data subject resides, unless the controller is a public authority acting in the exercise of its public powers or another body which has been entrusted with a mission of public interest.
Amendment 634 #
2012/0011(COD)
Proposal for a regulation
Recital 124
Recital 124
(124) The general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment and the social security context. Therefore, in order to regulate the processing of employees’ personal data in the employment context, Member States should be able, within the limits ofin accordance with this Regulation, to adopt by law specific rules for the processing of personal data in the employment and the social security sector.
Amendment 639 #
2012/0011(COD)
Proposal for a regulation
Recital 125
Recital 125
(125) The processing of personal data for the purposes of historical, statistical or scientific research should, in order to be lawful, also respect other relevant legislation such as on clinical trials. A research ethics committee as mentioned in Article 83 should be consistent with the principles in the World Medical Association’s Declaration of Helsinki and any national requirements in Member States and in accordance Union law.
Amendment 775 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 10
Article 4 – paragraph 1 – point 10
(10) ‘genetic data’ means all data, of whatever type, concerning theinformation on the hereditary characteristics, ofr an individual which are inheritedlteration thereof, orf acquired during early prenatal developmentn identified or identifiable person;
Amendment 781 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 12
Article 4 – paragraph 1 – point 12
(12) ‘data concerning health’ means any personal information which relates to the physical or mental health of an individual, or to the provision of health services to the individual;
Amendment 834 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the data will be processed solely for health purposes in accordance with Article 81 or for historical, statistical or scientific research purposes in accordance with the rules and conditions of Article 83 and if a periodic review is carried out to assess the necessity to continue the storage;
Amendment 998 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. For the purpose of scientific research activities (including public health, medical and social science) consent should comply with the relevant provisions in Directive 2001/20/EC.
Amendment 1030 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Paragraphs 1, 2, and 3 shall not apply where the processing of personal data of a child concerns health data and where the Member State law in the field of health and social care prioritises the maturity and competence of an individual over physical age.
Amendment 1040 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The processing of personal data, revealing race or ethnic origin, political opinions, religion or beliefsphilosophical beliefs, sexual orientation, trade-union membership and activities, and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited.
Amendment 1047 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the data subject has given consent to the processing of those personal data, subject to the conditions laid down in Articles 7 and 8, except where Union law or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject. This includes safeguards to prevent the blacklisting of workers, for example in relation to their trade union activities; or
Amendment 1056 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point d
Article 9 – paragraph 2 – point d
(d) processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other non-profit-seeking body with a political, philosophical, religious or trade- union aim or advocating for fundamental human rights and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects; or
Amendment 1128 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The controller shall inform the data subject without delay and, at the latest within one month of receipt of the request, whether or not any action has been taken pursuant to Article 13 and Articles 15 to 19 and shall provide the requested information. This period may be prolonged for a further month, if several data subjects exercise their rights and their cooperation is necessary to a reasonable extent to prevent an unnecessary and disproportionate effort on the part of the controller, or if the nature of the data requested requires them to be reviewed before they are made available so as to protect data relating to any third party contained within the record. The information shall be given in writing. 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 1256 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point d a (new)
Article 14 – paragraph 5 – point d a (new)
(da) the data are processed for historical, statistical or scientific purposes subject to the conditions and safeguards referred to in Article 83 and the provision of such information proves impossible or would involve a disproportionate effort.
Amendment 1264 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point d b (new)
Article 14 – paragraph 5 – point d b (new)
(db) the data consists of information in connection with which a claim to professional secrecy provisions, such as legal professional privilege, could be established under national law or rules established by competent authorities.
Amendment 1303 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) the recipients or categories of recipients to whom the personal data are to be or have been disclosed, in particularcluding to recipients in third countries;
Amendment 1319 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point h a (new)
Article 15 – paragraph 1 – point h a (new)
(ha) the trustee shall be able to exercise the right of access in case of death of the data subject. Except if the data subject asked specifically not to give access to some data.
Amendment 1320 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point h b (new)
Article 15 – paragraph 1 – point h b (new)
(hb) the trustee shall be able to exercise the right of rectification in case of death of the data subject. Except if the data subject asked specifically not to give access to some data.
Amendment 1372 #
2012/0011(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
The data subject shall have the right to obtain from the controller the rectification of personal data relating to them which are inaccurate. The data subject shall have the right to obtain completion of incomplete personal data, including by way of supplementing a corrective statement. Where personal data is processed for the purposes set out in Article 81(1)(a) and/or Article 83 the data subject shall acknowledge that the processing of personal data for such purposes may be speculative in nature and cannot always be guaranteed to be accurate. The controller may retain such data for the purposes of further processing.
Amendment 1431 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) for health purposes or for reasons of public interest in the area of public health in accordance with Article 81;
Amendment 1436 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) for historical, statistical and scientific research purposes in accordance with Article 83, including for clinical trials, patient and disease registries and other health research and medical innovation purposes;
Amendment 1513 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Where paragraphs 1 and 2 refer to data concerning health or data processed for historical, statistical or scientific purposes, and in accordance with the conditions and safeguards set out under Articles 81 and 83, the controller may reserve the right to guarantee the validity of the data by including a form of official verification.
Amendment 1567 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point a a (new)
Article 20 – paragraph 2 – point a a (new)
(aa) Profiling that has the effect of discriminating against individuals on the basis of race or ethnic origin, political opinions, religion or beliefs, trade union membership, sexual orientation or gender identity, or that results in measures which have such effect, shall be prohibited. Profiling in the employment context shall be prohibited including in the practice of blacklisting of particular employees;
Amendment 2513 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Points (b), (c) and (h) of paragraph 1 shall not apply to activities carried out by public authorities in the exercise of their public powers or another body which has been entrusted with a mission of public interest.
Amendment 2808 #
2012/0011(COD)
Proposal for a regulation
Article 75 – paragraph 2
Article 75 – paragraph 2
2. Proceedings against a controller or a processor shall be brought before the courts of the Member State where the controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has its habitual residence, unless the controller is a public authority acting in the exercise of its public powers or another body which has been entrusted with a mission of public interest.
Amendment 2824 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Any person who has suffered damage as a result of an unlawful processing operation, including blacklisting, or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered.
Amendment 2979 #
2012/0011(COD)
Proposal for a regulation
Article 81 – paragraph 1 – point c
Article 81 – paragraph 1 – point c
(c) other reasons of public interest in areas such as social protection, especially in order to ensure the quality and cost- effectiveness of the procedures used for settling claims for benefits and services in the health insurance system and the provision of health services. Such processing of personal data concerning health for reasons of public interest should not result in data being processed for other purposes by third parties such as employers, insurance and banking companies.
Amendment 2980 #
2012/0011(COD)
Proposal for a regulation
Article 81 – paragraph 1 – point c
Article 81 – paragraph 1 – point c
(c) other reasons of public interest in areas such as social protection, especially in order to ensure its mission as defined in Member States' national legislation, including the quality and cost- effectiveness of the procedures used for settling claims for benefits and services in the health insurance system.
Amendment 3003 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. WIn accordance within the limits ofrules set out in this Regulation, Member States may adopt by law specific rulin accordance with national law and practices regulatinge the processing of employees‘ personal data in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship.
Amendment 3012 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
1a. The following data processing by the employer in the employment context is prohibited: (a) data processed without information provided to the worker in advance as set out in Article 14; (b) genetic data; (c) medical data; (d) monitoring of trade union and worker representatives in their function including the blacklisting of workers.
Amendment 3016 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 1 b (new)
Article 82 – paragraph 1 b (new)
1b. Processing in the social security context Member States may, in accordance with the rules set out in this Regulation, adopt specific legislative rules particularising the conditions for the processing of personal data by their public and private institutions and departments in the social security context if carried out in the public interest. Each Member State shall notify to the Commission those provisions which it adopts pursuant to subparagraph 1, by the date specified in Article 91(2) at the latest and, without delay, any subsequent amendment affecting them.
Amendment 3057 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 1 – point b a (new)
Article 83 – paragraph 1 – point b a (new)
(ba) where data are to be processed for scientific research purposes, the proposed scientific research project has received a favourable opinion from an independent research ethics committee.
Amendment 3074 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 2 – introductory part
Article 83 – paragraph 2 – introductory part
2. Bodies conductingusing personal data for historical, statistical or scientific researchpurposes may publish or otherwise publicly disclose personal data only if:
Amendment 3084 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 2 – point c a (new)
Article 83 – paragraph 2 – point c a (new)
(ca) Further processing of data for historical, statistical or scientific purposes shall not be considered as incompatible with Article 5(1)(b) provided that the processing: (i) is subject to the conditions and safeguards of this Article; and (ii) complies with all other relevant legislation.
Amendment 12 #
2011/2246(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to Recital 8 and Recital 94 of the Audiovisual Media Services Directive1 which outline the need for Member States to prevent any actions which create dominant positions, restrict pluralism and enable independent regulatory bodies to carry out their work transparently and impartially, __________________ 1 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive).
Amendment 83 #
2011/2246(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that the concentration of ownership of the media systems jeopardises pluralism and cultural diversity and leads to the uniformity of media content; urges the Commission to safeguard media pluralism to ensure all EU citizens have access to free and diversified media in all Member States and to recommend improvements when needed;
Amendment 95 #
2011/2246(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recognises that continued self- regulation and non-legislative initiatives, where they are independent, impartial and transparent, have an important role to play in ensuring media freedom; calls on the Commission to take measures to support the independence of the media and its regulatory agencies from both the state (including at the European level) and powerful commercial interests;
Amendment 119 #
2011/2246(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights that despite the use of competition policy through the EU Merger Regulation and, in particular, Article 211 of the Merger Regulation, concern has been raised that these instruments do not adequately control media concentration due to problems of market delimitation, where in some cases large cross-media mergers fall short of turnover thresholds stipulated in EU competition policy and media pluralism; __________________ 1 Member States are permitted under Article 21, which stipulates that national authorities may protect 'legitimate interest' to enact national legislation to preserve media pluralism.
Amendment 120 #
2011/2246(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Highlights that market power in the media industry comes not only from monopoly pricing power, but also from political influence leading to regulatory capture, making dominant positions more difficult to dismantle once they are established; calls for competition thresholds to be set lower in the media industry than in other markets;
Amendment 121 #
2011/2246(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Reminds the Commission that on several occasions in the past it has been asked on the possibility of introducing a legal framework to prevent concentration of ownership and abuse of dominant position; calls on the Commission to propose concrete measures to safeguarding media pluralism including a legislative framework on media ownership rules introducing minimum standards for Member States;
Amendment 122 #
2011/2246(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Believes that transparency of ownership is an essential component of media pluralism; transparency of media ownership is not guaranteed in all Member States; accurate and up-to-date data on media ownership and management should be available in order to identify excessive media concentrations, and to prevent media organisations from hiding special interests; calls on the Commission to monitor and support progress to promote greater exchange of information on media ownership;
Amendment 182 #
2011/2246(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. In the case of further accessions to the EU, emphasis should be added to the protection of freedoms and the freedom of speech which are widely considered to be elements of the human rights and democracy conditionality of the Copenhagen criteria; calls on the Commission to continue to monitor the performance and progress of EU candidate countries for the protection of media freedoms;
Amendment 187 #
2011/2246(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the Commission to ensure that criteria based on media pluralism and ownership are included in every Impact Assessment undertaken for new initiatives on legislative proposals;
Amendment 157 #
2011/0129(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Restorative justice services, including for example victim-offender mediation, family group conferencing and sentencing circles, can be of great benefit to the victim, but require safeguards. In order to prevent any further victimisation. S such services should thereforehave to be conducted in a competent manner and should have as a primary consideration the interests and needs of the victim, repairing the harm done to the victim and avoiding further harm. Factors such as power imbalances, and the age, maturity or intellectual capacity of the victim, which could limit or reduce the victim’s ability to make an informed choice or could prejudice a positive outcome for the victim, should be taken into consideration in referring a case to and in conducting a restorative process. Whilst private proceedings should in general be confidential, unless agreed otherwise by the parties, factors such as threats made during the process may be considered as requiring disclosure in the public interest.
Amendment 241 #
2011/0129(COD)
Proposal for a directive
Article 2 – point e
Article 2 – point e
(e) ‘restorative justice services’ means services which have as their objective to bring together the victim and the accused with a view to reaching a voluntary agreement between them on how the harm arising from the offence can be addressed. Restorative justice services can take place through direct meetings between the victim and the offender or indirect contact where the victim does not meet the offender;
Amendment 318 #
2011/0129(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that victims and their family members, in accordance with their needs, have access to free of charge, confidential victim support services both in their own Member States and in other Member States should the need arise.
Amendment 347 #
2011/0129(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Right to safeguards in the context of mediation and otheraccess safe, competent restorative justice services
Amendment 350 #
2011/0129(COD)
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Member States shall establish standards to safeguard the victim from intimidation or further victimisation, to be applied when providing mediation or other restorative justice servicestake measures to ensure that a victim who chooses to participate in the restorative justice process has access to safe, competent restorative justice services that safeguard the victim from intimidation or further victimisation. Such standards should as a minimum include the following:
Amendment 354 #
2011/0129(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) mediation or restorative justice services are used only if they arevailable to all victims of crime who choose to access them in their own interest of the victim, subject to any safety considerations, and based on free and informed consent; this consent may be withdrawn at any time;
Amendment 366 #
2011/0129(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall facilitate the referral of caspromote and facilitate victims' access to mediation or other restorative justice services, including through the establishment of protocols on the conditions for referral.
Amendment 435 #
2011/0129(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that all other victims receive a timely and individual assessment, in accordance with national procedures, to determine whether they are vulnerable, due to their personal characteristics, their relationship with the suspect, or the circumstances or the , type or nature of the crime, to secondary and repeat victimisation or intimidation.
Amendment 532 #
2011/0129(COD)
Proposal for a directive
Article 25 a (new)
Article 25 a (new)
Article 25 a Member States shall ensure that there is sufficient co-ordination between relevant authorities working with or providing support to victims and their family members in cross-border cases in order to facilitate the exchange of information and co-operation.
Amendment 1900 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point b
Article 28 – paragraph 4 – point b
(b) an enterprise or an organisation employing fewer than 250 persons that is processing personal data only as an activity ancillary to its main activities, unless the enterprise or organisation is processing certain categories of sensitive personal data, as defined under Article 9(1).
Amendment 2062 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. Where the controller is a public authority or bodyanother body which has been entrusted with a mission of public interest and where the processing results from a legal obligation pursuant to point (c) of Article 6(1) providing for rules and procedures pertaining to the processing operations and regulated by Union law, paragraphs 1 to 4 shall not apply, unless Member States deem it necessary to carry out such assessment prior to the processing activities.
Amendment 92 #
2010/0210(COD)
Proposal for a directive
Article 3 – point c
Article 3 – point c
(c) ‘activity dependent on the passing of the seasons’ means an activity that is tied to a certain time of the year by an event or pattern during which labour levels are required that areof events linked to seasonal conditions during which the required labour levels are regularly and predictably far above those necessary for usually ongoing operations;
Amendment 114 #
2010/0210(COD)
Proposal for a directive
Article 14
Article 14
Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from adequate accommodation, pursuant to national legislation and practice, that ensures an adequate decent standard of living. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remunerationAs a minimum, such accommodation shall provide the inhabitants with adequate space, shall protect them from the elements and other threats to health, shall be safe and well maintained, and shall provide the facilities essential for health, security, comfort and nutrition such as safe drinking water, systems for cooking, heating and lighting, sanitation and washing facilities, means of food storage and refuse disposal. The location of the accommodation and the surrounding transport infrastructure shall allow access to basic services, including basic health and social services.
Amendment 138 #
2010/0210(COD)
Proposal for a directive
Article 3 – point c
Article 3 – point c
(c) ‘activity dependent on the passing of the seasons’ means an activity that is tied to a certain time of the year by an event or pattern during which labour levels are required that areof events linked to seasonal conditions during which the required labour levels are regularly and predictably far above those necessary for usually ongoing operations;
Amendment 177 #
2010/0210(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States mayshall reject an application if the employer has, within one or more years prior to the application being made: (a) been sanctioned in conformity with national law for undeclared work and/or illegal employment, (b) been sanctioned under Article 12(a), or (c) failed to meet its legal obligations regarding working conditions, labour rights or social rights as provided for in national law.
Amendment 210 #
2010/0210(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(ba) the employer has failed to meet its legal obligations regarding working conditions, labour rights or social rights as provided for in national law.
Amendment 257 #
2010/0210(COD)
Proposal for a directive
Article 14
Article 14
Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from adequate accommodation that ensures an adequate standard of living. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration, pursuant to national legislation and practice, that ensures a decent standard of living.
Amendment 265 #
2010/0210(COD)
Proposal for a directive
Article 14 - paragraph 1 a (new)
Article 14 - paragraph 1 a (new)
1a. As a minimum, such accommodation shall provide the inhabitants with adequate space, shall protect them from the elements and other threats to health, shall be safe and well maintained, and shall provide the facilities essential for health, security, comfort and nutrition, such as safe drinking water, systems for cooking, heating and lighting, sanitation and washing facilities, means of food storage and refuse disposal. The location of the accommodation and the surrounding transport infrastructure shall allow access to basic services, including basic health and social services.
Amendment 15 #
2009/2175(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the Treaty on the Functioning of the European Union incorporates the notion of a social market economy, a social clause, and a protocol on Services of General Interest defining the values that are shared in the EU, to ensure European policies develop in a way that meets the aspirations of Europe’s citizens,
Amendment 27 #
2009/2175(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores, further, the fact that, in particular as a result of the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional law has given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals and assess them in the light of the principles of subsidiarity and proportionality; and taking into account the five principles set out in the 2001 White Paper on European Governance (openness, participation, accountability, effectiveness and coherence);
Amendment 32 #
2009/2175(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Criticises the lack of transparency regarding the composition and results of the work of the internal Commission advisory committee on public procurement and calls on the Commission to take steps to ensure that both this committee and the planned new committee on public-private partnerships have a balanced composition including the social partners and work in a transparent manner;
Amendment 40 #
2009/2175(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, when reviewing the public procurement directives, to take account of the opinions expressed in this report; expects that review to be carried out with the full involvement of all stakeholders, but warns that it regards a revision of the directives at this juncture as premature; when such a revision is carried out at a later date, however, advocates that it should also encompass the directive on review procedures concerning public contracts, in order to prevent any further fragmentation of public procurement law; takes the view that the practical impact of that directive cannot yet be assessed, as it has not been transposed in all the Member States, calls on the Commission to apply the relevant Treaty provisions to public procurement;
Amendment 74 #
2009/2175(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes the Commission Communication of 19 November 2009 on the development of public-private partnerships and awaits the relevant impact assessment with great interest; expects the Commission to draw lessons from failing PPPs; emphasises that due account must be taken of both the complexity of the procedures and the differences in legal culture and practice between the Member States with regard to service concessions, and doubts, therefore, whether a proposal for a legal act dealing with service concessions would have any added value; takes the view that with the 2004 public procurement directives and the supplementary case-law of the CJEU the process of defining the term ‘service concession’ and establishing the legal framework governing such concessions has been completed;
Amendment 75 #
2009/2175(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is of the view that public contracts concern public funds and that therefore public contracts should be transparent and open for public scrutiny; asks the Commission to clarify this so local and other public authorities have certainty that they can inform their citizens of the contractual obligations entered into;
Amendment 97 #
2009/2175(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Draws attention to the great importance of public procurement for climate protection, energy efficiency, the environment and innovation and reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological, social and other criteria; regrets that the Commission has still not published a Guide on Socially Responsible Public Procurement; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organisedevelop objectives and targets for the integration of social criteria in public contracts, reinforced by training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;
Amendment 114 #
2009/2175(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the lack of clarity in the area of socially responsible public procurement and calls on the Commission to provide assistance in the form of manuals and ‘quality of work’ criteria to support public authorities in integrating employment-related social considerations in public procurement; in that connection, draws attention to the changes in the legal framework brought about by the Lisbon Reform Treaty and the Charter of Fundamental Rights and looks to the Commission to implement the relevant provisions in an appropriate manner; considers that the new EU legal framework strengthens the legitimacy of ILO Convention 94 on labour clauses in public contracts and that Member States who have not yet ratified the Convention should be encouraged to do so; emphasises the underlying problem that social criteria relate to the manufacturing process, so that their impact is generally indiscernible in the final product, and that globalised production systems and complex supply chains make compliance with the criteria difficult to monitor; expects, therefore, precise, verifiable criteria and a database containing product- specific criteria to be developed for the area of socially responsible public procurement as well; draws attention to the problems contracting authorities have, and the costs they incur, in verifying compliance with criteria and calls on the Commission to offer suitable assistance and to promote instruments which can be used to certify the reliability of supply chains; calls on the Commission to assist Member States monitor and evaluate the impact of public procurement processes on the quality of goods and services and employment;
Amendment 28 #
2009/0027(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Commission and the Member States should be represented on a Management Board in order to control effectively the working of the Office. The Management Board should, where possible, consist of the operational heads of the national administrations responsible for asylum policy or their representatives. It should be given the necessary powers to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedures for decision making by the Office and appoint the Executive Director. Given its expertise in the field of asylum, the UNHCR should be a non-voting member of the Board so that it is fully involved in the work of the Office. Given the nature of the tasks of the Office and the role of the Executive Director, the European Parliament should be involved in the selection of the candidates proposed for this post.
Amendment 36 #
2009/0027(COD)
Proposal for a regulation
Article 7 - paragraph 1
Article 7 - paragraph 1
As regards external matters the Office shall, in agreement with the Commission, coordinate the exchange of information and all other action taken on issues arising from the implementation of instruments and mechanisms relating to the external dimension of the Common European Asylum System.
Amendment 37 #
2009/0027(COD)
Proposal for a regulation
Article 7 - paragraph 2
Article 7 - paragraph 2
The Office shall coordinate exchanges of information and all other action taken on the resettlement of refugees within the European Union, taking into consideration the principles of solidarity and of burden sharing.
Amendment 40 #
2009/0027(COD)
Proposal for a regulation
Article 10 - point d a (new)
Article 10 - point d a (new)
(da) coordinating action to ensure effective access to high quality legal assistance and representation for third- country nationals.
Amendment 46 #
2009/0027(COD)
Proposal for a regulation
Article 28 - paragraph 1 - subparagraph 1
Article 28 - paragraph 1 - subparagraph 1
1. The Office's Executive Director shall be appointed for a period of five years by the Management Board from a list of candidates proposed by the Commission. Before appointment, the candidate selected by the Management Board shall be invited to make a statement before the competent committee or committees of the European Parliament and answer questions put by its or their membersin accordance with the cooperation procedure provided for in this Article. The Director shall be appointed on the basis of his or her personal merits, experience in the field of asylum and administrative and management skills. The cooperation procedure shall be as follows: a) on the basis of a list drawn up by the Commission after a call for candidates and a transparent selection procedure, applicants shall be asked before an appointment is made to address the Council and the competent committee of the European Parliament and to reply to questions; b) the European Parliament and the Council of the European Union should then give their opinions and state their orders of preference; c) the Management Board shall appoint the Director taking those opinions into account.
Amendment 47 #
2009/0027(COD)
Proposal for a regulation
Article 29 - paragraph 2
Article 29 - paragraph 2
2. Without prejudice to the powers of the Commission or the Management Board, tThe Executive Director shall neither seek nor take instructions from any government or from any other body, in particular with regard to his or her responsibility as defined in Article 29(6)(d).
Amendment 49 #
2009/0027(COD)
Proposal for a regulation
Article 42 - paragraph 1
Article 42 - paragraph 1
1. The Office shall develop good administrative practices in order to ensure the highest possible level of transparency concerning its activities. Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents shall apply to documents held by the Office.
Amendment 50 #
2009/0027(COD)
Proposal for a regulation
Article 42 - paragraph 2
Article 42 - paragraph 2
2. The Management Board shall adopt the arrangements for implementing Regulation (EC) No 1049/200the practical implementation of paragraph 1 within six months of entry into force of this Regulation. These arrangements shall include, inter alia: (a) openess of meetings; (b) publication of the work of the Office, including the annual report on the situation of asylum in the European Union, guidelines and operating manuals; (c) arrangements to implement Regulation (EC) No 1049/2001.
Amendment 52 #
2009/0027(COD)
Proposal for a regulation
Article 47 - paragraph 2
Article 47 - paragraph 2
2. In matters connected with its activities and to the extent required for the fulfilment of its tasks tThe Office shall, in agreement with the Commission, facilitate operational cooperation between Member States and third countries within the framework of the European Union's external relations policy, and may also cooperate with the authorities of third countries competent in technical aspects of the areas covered by this Regulation, within the framework of working arrangements concluded with those authorities, in accordance with the relevant provisions of the Treatyresettlement activities or within the framework of the EU Regional Protection Programmes.
Amendment 79 #
2008/2331(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that integration should be based on social inclusion, anti- discrimination, equal opportunities, education, intercultural dialogue and, diversity management in schools and the workplace, and access to training for the labour market including language training;
Amendment 8 #
2008/2160(INI)
Proposal for a recommendation
Recital D
Recital D
D. whereas, through the freedom that it provides, the Internet has also been used as a platform for violent and undemocratic messages such as the ones inciting to terrorist attacks as well as hate websites which can specifically incite criminal acts, and whereas cybercrime threats more broadly have increased worldwide and are endangering individuals (including children) and networks,
Amendment 34 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point c a (new)
Paragraph 1 - point c a (new)
ca) ensure that the legal rights of minors to protection from harm, as prescribed by the UN Convention on the Rights of the Child and as reflected in decisions of the EU, are fully reflected in and across all relevant actions, instruments or decisions relating to strengthening security and freedom on the Internet;
Amendment 6 #
2008/2020(INI)
Proposal for a recommendation
Recital B - paragraph 1
Recital B - paragraph 1
B. Whereas ethnic profiling, which has a specifically racial or ethnic basis and thus raises deep concerns about conflict with non-discrimination norms, can be defined as:
Amendment 10 #
2008/2020(INI)
Proposal for a recommendation
Recital F
Recital F
F. Whereas both, descriptive and predictive profiling, may be legitimate investigative tools when they are based on specific, reliable and timely information reflecting “factors that are statistically proven to correlate with certain criminal conduct”1, and when the actions taken on the basis of such profiles meet the legal tests of necessity and proportionality; 1 Ibid.Or. en
Amendment 16 #
2008/2020(INI)
Proposal for a recommendation
Paragraph 1 – point b
Paragraph 1 – point b
(b) the collection ofand retention of sensitive personal data and use of profiling techniques in respect of persons not suspected of a specific crime or threat must be subject to a particularly strict “necessity” and “proportionality” test;
Amendment 20 #
2008/2020(INI)
Proposal for a recommendation
Paragraph 1 – point e a (new)
Paragraph 1 – point e a (new)
(ea) the creation of a high standard of protection for nominal personal data (data linked to an identifiable individual) does not preclude the generation of statistical data including variables on ethnicity, ‘race’, religion, and national origin that is necessary to identify indirect discrimination including disproportionate and unjustified outcomes of law enforcement practices; ethnic statistics are an essential tool to enable the detection of law enforcement practices that focus disproportionate, unwarranted and unjustified law enforcement attention on ethnic minorities;
Amendment 22 #
2008/2020(INI)
Proposal for a recommendation
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
(ga) the Council should request that the Working Party on the Protection of Individuals with regard to the processing of Personal Data (Article 29 Working Party) should issue an opinion providing guidance to Member States on the collection of anonymous statistical data on ethnicity and law enforcement; such data is vital in order to detect, monitor and address ethnic profiling practices at the national and local level in Member States;
Amendment 24 #
2008/2020(INI)
Proposal for a recommendation
Paragraph 1 – point j
Paragraph 1 – point j
1. Addresses the following recommendations to the Council: (-a) existing EC legislation should be examined for the scope it gives for profiling, particularly with reference to the forthcoming Council of Europe draft Recommendation on Profiling1, and law reform should be considered if necessary to avoid any infringement of fundamental rights; the Fundamental Rights Agency should be charged with undertaking such a study in conjunction with the European Data Protection Supervisor; (a) all processing of personal data for law enforcement and anti-terrorist purposes must be based on published legal rules which are clear, specific and binding and subject to close and effective supervision by independent data protection authorities; (b) the collection of data and use of profiling techniques in respect of persons not suspected of a specific crime or threat must be subject to a particularly strict “necessity” and “proportionality” test; (c) factual and intelligence data, and data on different categories of data subjects, should be clearly distinguished; (d) access to police and secret service files should be allowed only on a case-by-case basis, for specified purposes, and be under judicial control in the Member States; (e) there must be time limits on the retention of personal information; (f) the collection of data on individuals 1 Council of Europe, draft Recommendation on the Protection of Individuals with Regard to Automatic Processing of Personal data in the Framework of Profiling, forthcoming. solely on the basis that they have a particular racial or ethnic origin, religious conviction, sexual orientation or behaviour, political opinions or are members of particular movements or organisations which are not proscribed by law should be prohibited; (g) reliance by private or public bodies on computers to take decisions on individuals without human assessment should only be allowed exceptionally under strict safeguards; (h) there must be strong safeguards established by law which ensure appropriate and effective judicial and parliamentary scrutiny of the activities of the police and the secret services, including their counter-terrorism activities; (i) in view of the possible consequences for individuals, redress must be effective and accessible with clear information to the data subject on the applicable procedures accompanied by rights of access and rectification; (j) existing EC legislation should be examined for the scope it gives for profiling, and law reform should be considered if necessary to avoid any infringement of fundamental rights; the Fundamental Rights Agency should be charged with undertaking such a study in conjunction with the European Data Protection Supervisor;
Amendment 20 #
2008/0242(COD)
Amendment 24 #
2008/0242(COD)
Amendment 35 #
2008/0242(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) For the purposes of applying Council Regulation (EC) No […/…] [establishing the criteria and mechanisms for determining the 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], it is necessary to establish the identity of applicants for international protection and of persons apprehended in connection with the unlawfulauthorised crossing of the external borders of the Community. It is also desirable, in order to effectively to apply the Council Regulation (EC) No […/…] [establishing the criteria and mechanisms for determining the 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], and in particular points (b) and (d) of Article 18(1) thereof, to allow each Member State to check whether a third -country national or stateless person found illegally presepresent as an irregular migrant on its territory has applied for international protection in another Member State.
Amendment 37 #
2008/0242(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The conservation period should be shorter in certain special situations where there is no need to keep fingerprint data for that length of time. Fingerprint data should be erased immediately once third -country nationals or stateless persons obtain citizenship of a Member State, or are granted long-term residence status by a Member State.
Amendment 40 #
2008/0242(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) This Regulation respects and has to be applied in accordance with the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for human dignity, the protection of personal data and the right to asylum and to promote the application of Articles 81, 4, 6, 8, 18, 19 and 1824 of the Charter.
Amendment 41 #
2008/0242(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The procedure for taking fingerprints shall be determined and applied in accordance with the national practice of the Member State concerned and in accordance with the safeguards laid down in Articles 1, 4, 6, 8, 18, 19 and 24 of the Charter of Fundamental Rights of the European Union, in Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms and in Articles 22, 37 and 40 of the United Nations Convention on the Rights of the Child, and in particular ensuring full respect for human dignity.
Amendment 44 #
2008/0242(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) For the purposes of protection of personal data, and to exclude systematic comparisons which should be forbidden, the processing of EURODAC data should only take place on a case-by-case basis and when it is necessary for the purposes of preventing, detecting and investigating terrorist offences and other serious criminal offences. In addition access should only be allowed when comparisons with the national databases of the Member State, the Visa Information System and with the Automated Fingerprint Databases of other Member States under the Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime have returned negative results. This condition requires prior implementation of the Council Decision as it shall not be permitted to conduct a EURODAC check for law enforcement purposes where these above steps have not been first undertaken. A specific case exists in particular when the request for comparison is connected to a specific and concrete situation or to a specific and concrete danger associated with a terrorist or other serious criminal offence, or to specific persons in respect of whom there are serious grounds for believing that the persons will commit or have committed terrorist offences or other serious criminal offences. A specific case also exists when the request for comparison is connected to a person who is a victim of a terrorist or other serious criminal offence. The designated authorities and Europol should thus only request a comparison with EURODAC when they have reasonable grounds to believe that such a comparison will provide information that will substantially assist them in preventing, detecting or investigating a terrorist or other serious criminal offence.
Amendment 44 #
2008/0242(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Data relating to a person who has acquired citizenship of any Member State or has been issued a long-term residence permit by a Member State, before expiry of the period referred to in Article 8 shall be erased from the Central System, in accordance with Article 20(3) as soon as the Member State of origin becomes aware that the person has acquired such citizenship or long-term resident status.
Amendment 47 #
2008/0242(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Each Member State shall, in accordance with the safeguards laid down in the European Convention on Human Rights and inArticles 1, 4, 6, 8, 18, 19 and 24 of the Charter of Fundamental Rights of the European Union, in Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and in Articles 22, 37 and 40 of the United Nations Convention on the Rights of the Child promptly take the fingerprints of all fingers of every third -country national or stateless person of at least 14 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.
Amendment 50 #
2008/0242(COD)
(33) Transfers of data obtained pursuant to this Decision to third countries or international organisations or private entities should be prohibited, in order to ensure the right to asylum and to safeguard applicants for international protection from having their data disclosed to any third country. This prohibition shall be without prejudice to the right of Member States to transfer such data to third countries to which Regulation (EU) No […/…] [establishing the criteria and mechanisms for determining the 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] applies, in order to ensure that Member States have the possibility of cooperating with such third countries for the purposes of this Regulation. This right should not apply to transfers of data to third countries in the context of law enforcement.
Amendment 51 #
2008/0242(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Where final identification in accordance with paragraph 4 reveals that the result of the comparison received from the Central System is inaccurate, Member States shall communicate this fact to the Commission and, to the Management Authority and to the European Data Protection Supervisor.
Amendment 53 #
2008/0242(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1 – introductory part
Article 23 – paragraph 1 – subparagraph 1 – introductory part
1. A person covered by this Regulation shall be informed by the Member State of origin in writing, and where appropriate, orally, in a language which he or she is reasonably supposed to understands of the following:
Amendment 56 #
2008/0242(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The European Data Protection Supervisor shall check that the personal data processing activities of the Management Authority are carried out in accordance with this Regulation. The duties and powers referred to in Articles 46 and 47 of Regulation (EC) No 45/2001 shall apply accordingly. The European Data Protection Supervisor may request any information from the Management Authority considered to be necessary to carry out the functions entrusted to it under that Regulation.
Amendment 61 #
2008/0242(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 69 #
2008/0242(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
(l) 'fingerprint data' means the data relating to fingerprints of all or at least the index fingers, and if those are missing, the prints of all other fingers of a person, or a latent.
Amendment 75 #
2008/0242(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Agency, shall be responsible for the operational management of EURODAC. The Agency shall ensure, in cooperation with the Member States, that at all times the best available technologyiques, subject to a cost-benefit analysis, is used for the Central System.
Amendment 79 #
2008/0242(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. For the purposes laid down in Article 1(2), Member States shall designate the authorities which are authorised to access EURODAC data pursuant to this Regulation. Designated authorities shall be authorities of the Member States which are responsible for the prevention, detection or investigation of terrorist offences and other serious criminal offences.
Amendment 83 #
2008/0242(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall designate a single national body to act as its verifying authority. The verifying authority shall be an authority of the Member State which is responsible for the prevention, detection or investigation of terrorist offences and other serious criminal offences and shall be independent from the designated authorities referred to in Article 5.
Amendment 85 #
2008/0242(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The verifying authority shall perform its duties and tasks independently and shall neither seek nor receive instructions as regards the exercise of the verification.
Amendment 89 #
2008/0242(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Europol shall designate a specialised unit with duly empowered Europol officials to act as its verifying authority, which will neither seek nor receive instructions as regards the exercise of the verification, and shall designate in agreement with any Member State the National Access Point of that Member State which shall communicate its requests for comparison of fingerprint data to the Central System.
Amendment 106 #
2008/0242(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. Once the results of the comparison have been transmitted to the Member State of origin, the Central System shall immediately: (a) erase the fingerprint data and other data transmitted to it pursuant to paragraph 1; and (b) destroy the media used by the Member State of origin for transmitting the data to the Central System, unless the Member State of origin has requested their return.
Amendment 112 #
2008/0242(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 115 #
2008/0242(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The designated authorities referred to in Article 5(1) and Europol may submit a reasoned electronic request as provided for in Article 20(1) to the verifying authority for the transmission for comparison of fingerprint data to the EURODAC Central System via the National Access Point. Upon receipt of such a request, the verifying authority shall verify whether the conditions for requesting a comparison referred to in Article 20 or Article 21, as appropriate, are fulfilled.
Amendment 119 #
2008/0242(COD)
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. Designated authorities may request the comparison of fingerprint data with those stored in the EURODAC central database within the scope of their powers only if comparisons of national fingerprint databases, the Visa Information System and of the Automated Fingerprint Databases of at least a third of other Member States under Decision 2008/615/JHA return negative results and where all the following cumulative conditions are met:
Amendment 123 #
2008/0242(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) there is an overriding public security concern which makes proportionate the querying of a database registering persons with a clean criminal record, and there are reasonable grounds to consider that such comparison with EURODAC data will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question because there are serious grounds to believe that persons in respect of whom comparison with EURODAC is requested will commit or have committed terrorist offences or other serious criminal offences or are victims of a terrorist or serious criminal offence.
Amendment 125 #
2008/0242(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c a (new)
Article 20 – paragraph 1 – point c a (new)
(ca) there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist or other serious criminal offence has applied for international protection.
Amendment 136 #
2008/0242(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. A person covered by this Regulation shall be informed by the Member State of origin in writing, and where appropriate, orally, in a language which he or she understands or may reasonably be presumed to understand of the following:
Amendment 138 #
2008/0242(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) regarding the purpose for which his or her data will be processed within EURODAC including a description of the aims of the Dublin Regulation, in accordance with Article 4 of that Regulation and a full and clear explanation of the access that may be granted to law enforcement authorities and Europol for law enforcement purposes.
Amendment 144 #
2008/0242(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
Amendment 150 #
2008/0242(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Personal data obtained pursuant to this Regulation from EURODAC for the purposes as laid down in Article 1(2) shall only be processed for the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offenceshe specific criminal investigation for which the data has been requested by that Member State, or Europol.
Amendment 153 #
2008/0242(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Personal data, as well as the record of the search, obtained by a Member State or Europol pursuant to this Regulation from EURODAC shall be erased in all national and Europol files after a period of one month, if the data are not required for athe purposes of the specific ongoing criminal investigation for which the data has been requested by that Member State, or Europol.
Amendment 161 #
2008/0242(COD)
Personal data obtained by a Member State or Europol pursuant to this Regulation, including personal data obtained by a Member State and processed further in national databases for law enforcement purposes, from the EURODAC central database shall not be transferred or made available to any third country or international organisation or a private entity established in or outside the European Union. This prohibition shall be without prejudice to the right of Member States to transfer such data to third countries to which the Dublin Regulation applies provided that the Member State transferring such data has obtained the commitment of the third country that it will not transfer or made available to any third country or international organisation or a private entity established in or outside the European Union this personal data.
Amendment 172 #
2008/0242(COD)
Proposal for a regulation
Article 40 – paragraph 5
Article 40 – paragraph 5
5. Three years after the start of application of this Regulation as provided for in Article 46(2) and every four years thereafter, the Commission shall produce an overall evaluation of EURODAC, examining the results achieved against objectives and the impact on fundamental rights and assessing the continuing validity of the underlying rationale, and any implications for future operations, including whether the operation of the search functionality for law enforcement purposes will have led to the stigmatisation of persons seeking international protection, as well as make any necessary recommendations. The Commission shall transmit the evaluation to the European Parliament and the Council.
Amendment 177 #
2008/0242(COD)
Proposal for a regulation
Article 40 – paragraph 8
Article 40 – paragraph 8
8. Each Member State and Europol shall prepare annual reports on the effectiveness of the comparison of fingerprint data with EURODAC data for law enforcement access purposes, containing information and statistics on the exact purpose of the comparison, including the type of a terrorist offence or a serious criminal offence, grounds given for reasonable suspicion, number of requests for comparison, the number and type of cases which have ended in successful identifications and on the need and use made of the exceptional case of urgency as well as on those cases where that urgency was not accepted by the ex post verification carried out by the verifying authority. Such reports shall be transmitted to the Commission. Based on these annual reports and in addition to the overall evaluation provided for in paragraph 5, the Commission shall compile an annual report on law enforcement access to EURODAC and shall transmit the evaluation to the European Parliament, the Council and the EDPS.
Amendment 540 #
Amendment 545 #
2008/0196(COD)
Proposal for a directive
Article 4 – paragraph 1 and paragraph 1 a (new)
Article 4 – paragraph 1 and paragraph 1 a (new)
1. Member States may not maintain or introduce, in their national laws, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of as long as they guarantee a higher degree of consumer protection. 1a. The rights resulting from this Directive shall be exercised without prejudice to the provisions of another Community act governing consumer protection.
Amendment 31 #
2008/0140(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) The right to equality before the law and protection against discrimination for all persons constitutes a universal right recognised by the Universal Declaration of Human Rights, the United Nations Convention on the Elimination of all forms of Discrimination Against Women, the International Convention on the Elimination of all forms of Racial Discrimination, the United Nations Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the UN Convention on the Rights of the child, the UN Convention on the Rights of Persons with Disabilities, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Social Charter, to which [all] Member States are signatories. In particular, the UN Convention on the Rights of Persons with Disabilities includes the denial of reasonable accommodation in its definition of discrimination.
Amendment 33 #
2008/0140(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) The right to equality before the law and protection against discrimination for all persons constitutes a universal right recognised by the Universal Declaration of Human Rights, the United Nations Convention on the Elimination of all forms of Discrimination Against Women, the International Convention on the Elimination of all forms of Racial Discrimination, the United Nations Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the UN Convention on the Rights of Persons with Disabilities, article 14 and Optional Protocol 12 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Social Charter, to which [all] Member States are signatories. In particular, the UN Convention on the Rights of Persons with Disabilities includes the denial of reasonable accommodation in its definition of discrimination.
Amendment 37 #
2008/0140(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) This Directive respects the fundamental rights and observes the fundamental principles recognised in particular by the Charter of Fundamental Rights of the European Union. Article 10 of the Charter recognises the right to freedom of thought, conscience and religion; Article 20 provides everyone is equal before the law; Article 21 prohibits discrimination, including on grounds of religion or belief, disability, age or sexual orientation; and Article 26 acknowledges the right of persons with disabilities to benefit from measures designed to ensure their independence.
Amendment 40 #
2008/0140(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) The European Years of Persons with Disabilities in 2003, of Equal Opportunities for All in 2007, and of Intercultural Dialogue in 2008 have highlighted the persistence of discrimination but also the need to promote the benefits of diversity.
Amendment 41 #
2008/0140(CNS)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Discrimination based on religion or belief, disability, age, or sexual orientation may undermine the achievement of the objectives of the EC Treaty, in particular the attainment of a high level of employment and of social protection, the raising of the standard of living and quality of life, economic and social cohesion and solidarity. It may also undermine the objective of developing the European Union as an area of freedom, security and justice.
Amendment 42 #
2008/0140(CNS)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Effective legal procedures must be available to deal with situations of multiple discrimination that is where discrimination occurs on two or more grounds listed in Articles 12 and 13 EC. In particular national legal procedures shall ensure that a complainant can raise all aspects of a multiple discrimination claim in a single procedure.
Amendment 49 #
2008/0140(CNS)
Proposal for a directive
Recital 9
Recital 9
(9) Therefore, legislation should prohibit discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in a range of areas outside the labour market, including social protection, education and access to and supply of goods and services, including housing. It should provide for measures to ensure the equal access of persons with disabilities to the areas covered.
Amendment 52 #
2008/0140(CNS)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) In this Directive, goods should be taken to be those within the meaning of the provisions of the Treaty establishing the European Community relating to the free movement of goods. Services should be taken to be those within the meaning of article 50 of the Treaty.
Amendment 56 #
2008/0140(CNS)
Proposal for a directive
Recital 12
Recital 12
(12) Discrimination, including multiple discrimination, is understood to include direct and indirect discrimination, harassment, instructions to discriminate and, denial of reasonable accommodation, discrimination based on assumptions and discrimination by association.
Amendment 58 #
2008/0140(CNS)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
Amendment 64 #
2008/0140(CNS)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Effective non-discriminatory access can be provided by a variety of means, including through "design for all" and through facilitating the use of assistive devices by persons with disabilities, including aids to mobility and access.
Amendment 67 #
2008/0140(CNS)
Proposal for a directive
Recital 13
Recital 13
(13) In implementing the principle of equal treatment irrespective of religion or belief, disability, age or sexual orientationAs discrimination can occur on multiple grounds, in implementing the principle of equal treatment, the Community should, in accordance with Articles 3(2) and 13 of the EC Treaty, aim to eliminate inequalities, and to promote equality between men and women, especially since women are often the victims of relating to sex, race or ethnic origin, disability, sexual orientation, religion or belief, or age, or a combination of these, and to promote equality, whatever combination of the above mentioned characteristics. When implementing the provisions of this Directive, Member States should take into account multiple discrimination.
Amendment 75 #
2008/0140(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should not be regarded as constituting discrimination where the factors are shown to be keydetermining factors for the assessment of risk, and where the service provider can demonstrate higher risk by actuarial, statistical or other bona fide evidence upon which it is reasonable to rely. Any data used must be reliable, regularly updated and available to the public.
Amendment 76 #
2008/0140(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should not be regarded as constituting discrimination where the factors are shown to be keydetermining factors for the assessment of risk, and where the service provider can fully demonstrate significantly higher risks, by recent relevant and accurate statistical or actuarial data.
Amendment 80 #
2008/0140(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should not be regarded as constituting discrimination where the factors are shown to be keydetermining factors for the assessment of risk.
Amendment 82 #
2008/0140(CNS)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) The award of contracts concluded in the Member States on behalf of the State, regional or local authorities and other bodies governed by public law entities, is subject to the respect of the principles of the Treaty and in particular to the principle of freedom of movement of goods, the principle of freedom of establishment and the principle of freedom to provide services and to the principles deriving therefrom, such as the principle of equal treatment, the principle of non discrimination, the principle of mutual recognition, the principle of proportionality and the principle of transparency. Legal requirements on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts having been laid down by the Directive 2004/18/EC, so that the award of contracts concluded in the Member States on behalf of the State, regional or local authorities and other bodies governed by public law entities, is subject to the respect of the principles of the EC Treaty and in particular to the principle of equal treatment irrespective of sex, race or ethnic origin, disability, sexual orientation, religion or belief or age and the principle of non discrimination. However, for public contracts above a certain value, provisions of Community coordination of national procedures for the award of such contracts have been drawn up so as to guarantee the opening- up of public procurement to competition. Member States should interpret these coordinating provisions in accordance with the principles of equal treatment irrespective of sex, race or ethnic origin, disability, sexual orientation, religion or belief or age and other rules of the Treaty.
Amendment 85 #
2008/0140(CNS)
Proposal for a directive
Recital 16
Recital 16
(16) All individuals enjoy the freedom to contract, including the freedom to choose a contractual partner for a transaction. This Directive should not apply to economic transactions undertaken by individuals for whom these transactions do not constitute their professional or commercial activityIt is important, in the context of the access to and provision of goods and services, to respect the protection of private and family life and transactions carried out in this context.
Amendment 94 #
2008/0140(CNS)
Proposal for a directive
Recital 17
Recital 17
(17) While prohibiting discrimination, it is important to respect other fundamental rights and freedoms, including the protection of private and family life and transactions carried out in that context, the freedom of religion, and the freedom of association. This Directive is without prejudice to national laws on marital or family status, including on reproductive rights. It is also without prejudice to the secular nature of the State, state institutions or bodies, or education.
Amendment 107 #
2008/0140(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) Member Sstates are responsible for the organisation and content of education. The CommHowever, the provission Communication on Competences for the 21st Century: An Agenda for European Cooperation on Schools draws attention to the need for special attention to be paid to disadvantaged children and those ws of this Directive shall apply to private education as it is a service. With respecial educational needs. In particular national law may provide for differences in access to educational institutions based on religion or belief. Member States may also allow or prohibit the wearing or display of religious symbols at schoolt to public education, non discrimination provisions shall apply to the extent of EU competence as set out in the Treaty of Rome.
Amendment 108 #
2008/0140(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) Member States are, being responsible for the organisation and content of education, should ensure effective protection against discrimination on the ground of religion or belief, disability, age or sexual orientation in the field of education. The Commission Communication on Competences for the 21st Century: An Agenda for European Cooperation on Schools draws attention to the need for special attention to be paid to disadvantaged children and those with special educational needs. In particular national law may provide for differences in access to educational institutions basedthe exercise of their discretion, in the area of equal treatment in education, on grounds onf religion orand belief., Member States may also allow or prohibit the wearing or display of religious symbols at schoolust ensure that this does not lead to a denial of the right to education nor to discrimination on any other ground.
Amendment 109 #
2008/0140(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) Member States are responsible for the organisation and content of education. The Commission Communication on Competences for the 21st Century: An Agenda for European Cooperation on Schools draws attention to the need for special attention to be paid to disadvantaged children and those with special educational needs. In particular national law may provideNotwithstanding the right to education, Member States may allow for differences in access to educational institutions based on religion or belief. Member States may also allow or prohibit the wearing or display of religious symbols at school when to require individuals, only on the basis of objective justifications, to act in good faith and with loyalty to the organization’s ethos and should not justify discrimination on any other ground.
Amendment 111 #
2008/0140(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) Member States are responsible for the organisation and content of education. The Commission Communication on Competences for the 21st Century: An Agenda for European Cooperation on Schools draws attention to the need for special attention to be paid to disadvantaged children and those with special educational needs. In particular national law may provide for differences in access to educational institutions based on religion or belief. , provided that alternative systems are put in place and are geographically accessible to prevent indirect discrimination. Member States may also allow or prohibit the wearing or display of religious symbols at school.
Amendment 113 #
2008/0140(CNS)
Proposal for a directive
Recital 19
Recital 19
(19) The European Union in its Declaration No 11 on the status of churches and non- confessional organisations, annexed to the Final Act of the Amsterdam Treaty, has explicitly recognised that it respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States and that it equally respects the status of philosophical and non-confessional organisations. Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burden. In assessing whether the burden is disproportionate, account should be taken of a number of factors including the size, resources and nature of the organisation. The principle of reasonable accommodation and disproportionate burden are established in Directive 2000/78/EC and the UN Convention on Rights of Persons with Disabilities.
Amendment 115 #
2008/0140(CNS)
Proposal for a directive
Recital 19
Recital 19
(19) Prohibiting discrimination is an important part for the respect of fundamental rights and freedom including the protection of private and family life, the freedom of religion, and the freedom of association. The European Union in its Declaration No 11 on the status of churches and non- confessional organisations, annexed to the Final Act of the Amsterdam Treaty, has explicitly recognised that it respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States and that it equally respects the status of philosophical and non-confessional organisations. Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burdenThe directive respects the ability of Member States to use national legislation to ensure the secular nature of the state. In assessing whether the burden is disproportionate, account should be taken of a number of factors including the size, resources and nature of the organisation. The principle of reasonable accommodation and disproportionate burden are established in Directive 2000/78/EC and the UN Convention on Rights of Persons with Disabilities.
Amendment 117 #
2008/0140(CNS)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burden.
Amendment 128 #
2008/0140(CNS)
Proposal for a directive
Article 1
Article 1
1. This Directive lays down a framework for combating discrimination, including multiple discrimination, on the grounds of religion or belief, disability, age, or sexual orientation, with a view to putting into effect in the Member States the principle of equal treatment other than in the field of employment and occupation. 2. Multiple discrimination occurs when discrimination is (a) on any combination of the grounds of religion or belief, disability, age, or sexual orientation, or (b) any one or more of the grounds set out in Article 1(1), and also on the ground of any one or more of (i) sex (in so far as the matter complained of is within the material scope of Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services as well as this Directive), (ii) racial or ethnic origin (in so far as the matter complained of is within the material scope of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin as well as this Directive), or iii) nationality (in so far as the matter complained of is within the scope of Article 12 EC). 3. In this Directive multiple discrimination and multiple grounds shall be construed accordingly.
Amendment 129 #
2008/0140(CNS)
Proposal for a directive
Article 1
Article 1
1. This Directive lays down a framework for combating discrimination, including multiple discrimination, on the grounds of religion or belief, disability, age, or sexual orientation, with a view to putting into effect in the Member States the principle of equal treatment other than in the field of employment and occupation. 2. Multiple discrimination occurs when discrimination is (a) on any combination of the grounds of religion or belief, disability, age, or sexual orientation, or (b) any one or more of the grounds set out in Article 1(1), and also on the ground of any one or more of (i) sex (in so far as the matter complained of is within the material scope of Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services as well as this Directive), (ii) racial or ethnic origin (in so far as the matter complained of is within the material scope of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin as well as this Directive), or 3. In this Directive multiple discrimination and multiple grounds shall be construed accordingly.
Amendment 151 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. HNotwithstanding the freedom of speech, harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Amendment 161 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. Denial of reasonable accommodation in a particular case as provided for by Article 4 (1)(b) of the present Directive as regards persons with disabilities, or persons who associate with a person with a disability, where accommodation is needed to enable such person to provide personal assistance to a person with a disability, shall be deemed to be discrimination within the meaning of paragraph 1.
Amendment 169 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Notwithstanding paragraph 2, Member States may provide that differences of treatment on grounds of age shall not constitute discrimination, if, within the context of national law, they are objectively justified by a legitimate aim, and if the means of achieving that aim are appropriate and necessary. In particular, this Directive shall not preclude the fixing of a specific age for access to social benefits, education and certain goods or servicesortionate and necessary.
Amendment 172 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Notwithstanding paragraph 2, Member States may provide that differences of treatment on grounds of age shall not constitute discrimination, if, within the context of national law, they are objectively and reasonably justified by a legitimate aim, and if the means of achieving that aim are appropriate and necessary. In particular, this Directive shall not preclude the fixing of a specific age for access to social benefits, education and certain goods or services.
Amendment 174 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 7
Article 2 – paragraph 7
7. Notwithstanding paragraph 2, in the provision of financial services Member States may permit proportionate differences in treatment where, for the product in question, the use of age or disability is a key factor in the assessment of risk based on relevant and accurate actuarial or statistical data and the difference in treatment is objectively and reasonably justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. The Member States concerned shall inform the Commission and ensure that accurate data relevant to the use of age and disability as a determining factor are compiled, published and regularly updated. These Member States shall review their decision five years after the deadline for the transposition of the Directive, taking into account the Commission report [on the transposition of the directive] and shall forward the results of this review to the Commission.
Amendment 175 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 7
Article 2 – paragraph 7
7. Notwithstanding paragraph 2, in the provision of financial services Member States may permit proportionate differences in treatment where, for the product in question, the use of age or disability is a key factor in the assessment of risk based on relevant and accurate actuarial or statistical dataand where the service provider can demonstrate higher risk by actuarial, statistical data or other bona fide evidence upon which it is reasonable to rely. Any data used must be reliable, regularly updated and available to the public.
Amendment 183 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 8
Article 2 – paragraph 8
Amendment 194 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
(d) Access to and supply of goods and other services which are available to the public, including housing. Subparagraph (d) shall apply to individuals only insofar as they are performing a professional or commercial activity.
Amendment 195 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
(d) Access to and supply of goods and other services which are available to the public, including housing. Subparagraph (d) shall apply to individuals only insofar as they are performing a professional or commercial activity.
Amendment 204 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 205 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 219 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive is without prejudice to the responsibilities of Member States for the content of teaching, activities and the organisation of their educational systems, including the provision of special needs education. Member States may provide for differences in treatmentMember States shall ensure that, in determining which form of education or training is appropriate, the views of the person with a disability are respected. Where the person is a child or adult who is unable to represent himself, the views of their parents, guardians or designated advocates will be considered as a significant factor. Member States may provide for necessary and proportionate differences in treatment based on a person's religion or belief in access to educational institutions whose ethos is based on religion or belief where this is necessary to protect religious ethos of the educational institution and does not lead to a violation of the right to education - or discrimination on any other ground.
Amendment 226 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive is without prejudice to the responsibilities of Member States for the content of teaching, activities and the organisation of their educational systems, including the provision of special needs education. Notwithstanding the right to education, Member States may provideallow for differences in treatment in access to educational institutions based on religion or belief when to require individuals, only on the basis of objective justifications, to act in good faith and with loyalty to the organization’s ethos and should not justify discrimination on any other ground.
Amendment 230 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. This Directive is without prejudice to national legislation ensuring the secular nature of the State, State institutions or bodies, or education, or concerning the status and activities of churches and other organisations based on religion or beliefand belief where this falls outside the competence of the EU. Where the activities of churches or other organisations based on religion and belief fall within EU competence, they will be subject to the EU’s non discrimination provisions. It is equally without prejudice to national legislation promoting equality between men and women.
Amendment 231 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. This Directive is without prejudice to national legislation ensuring the secular nature of the State, State institutions or bodies, or education, or concerning the status and activities of churches and other organisations based on religion or belief. It is equally without prejudice to national legislation promoting equality between menales and womenfemales.
Amendment 237 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. This Directive does not cover differences of treatment based on nationality and is without prejudice to provisions and conditions relating to the entry into and residence of third-country nationals and stateless persons in the territory of Member States, and to any treatment which arises from the legal status of the third-country nationals and stateless persons concerned.
Amendment 242 #
2008/0140(CNS)
Proposal for a directive
Article 4 – title
Article 4 – title
Equal treatment of persons withn grounds of disabilities disabilities
Amendment 245 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transport, shall be provided by anticipation, including through appropriate modifications or adjustments. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, education, or goods and services in question or require the provision of alternatives thereto.
Amendment 246 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transport,elecommunication, information, including information in accessible formats, financial services, culture and leisure, buildings open to the public, transport modes and other public spaces and facilities shall be provided by anticipation, including through appropriate modifications or adjustments. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, education, ors to nature of the goods or services in question or the nature of the trade, profession or business in question. An alteration is fundamental if it so alters the goods andor services in question or require the provision of alternatives theretoor the nature of the trade, profession or business, to the extent that the provider of the goods or services is effectively providing a completely different kind of goods or services.
Amendment 259 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. For the purposes of assessing whether measures necessary to comply with paragraph 1 would impose a disproportionate burden, account shall be taken, in particular, of the size and resources of the organisation, its nature, the estimated cost, the life cycle of the goods and services, and the possible benefits of increased access for persons with disabilities. The burden shall not be disproportionate when it is sufficiently remedied by measures existing within the framework of the equal treatment policy of the Member State concerned.
Amendment 268 #
2008/0140(CNS)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Amendment 271 #
2008/0140(CNS)
Proposal for a directive
Article 5
Article 5
With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures or from allowing these measures to be taken by the public, private or voluntary sector to prevent or compensate for disadvantages linked to religion or belief, disability, age, or sexual orientation.
Amendment 276 #
2008/0140(CNS)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate conciliation procedures, for the enforcement of obligations under this Directive are available to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended. In order to ensure equal and effective rights of access and participation in judicial and/or administrative procedures, such procedures shall be organised and conducted in a manner which is accessible to all persons with disabilities.
Amendment 281 #
2008/0140(CNS)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure that associations, organisations or other legal entities, which have a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with his or are empowered to engage, in their approvalown name, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive, including on behalf of, or in support of, any victim.
Amendment 294 #
2008/0140(CNS)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
9a. Member States shall actively promote equality between persons irrespective of religion or belief, disability, age or sexual orientation when formulating and implementing laws, regulations, administrative provisions, policies and activities in the areas referred to in this Directive.
Amendment 298 #
2008/0140(CNS)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate an independent and adequately funded body or bodies for the promotion of equal treatment of all persons irrespective of their religion or belief, disability, age, or sexual orientation. Member States shall ensure that the body or bodies have competence in the fields covered by this Directive and the fields of employment and occupation under Directive 2000/78/EC. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights, including rights under other Community acts including Directives 2000/43/EC and 2004/113/EC.
Amendment 301 #
2008/0140(CNS)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate an independent functioning body or bodies for the promotion of equal treatment of all persons irrespective of their religion or belief, disability, age, or sexual orientation. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights, includingthe rights under other Community acts including Directives 2000/43/EC and 2004/113/EC.
Amendment 306 #
2008/0140(CNS)
Proposal for a directive
Article 12 – paragraph 2 – indent 1
Article 12 – paragraph 2 – indent 1
- without prejudice to the right of victims and of associations, organizations or other legal entities referred to in Article 7(2), providing independent assistance to victims of discrimination in pursuing their complaints about discrimination, including engaging in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive, including on behalf of, or in support of, any victim.
Amendment 324 #
2008/0140(CNS)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In order to take account of particular conditions, Member States may, if necessary, establish that the obligacomply with the obligation to provide effective non-discriminatory access to existing infrastructures, policies or procedures within the meaning of article 4.1(a), Member States may, if necessary, have an additional period of 10 years [from the deadline for transposition] to provide effective access as set out in Article 4 has to bcomply with this provision. Member States wishing to use the additional period shall submit to the Commission a plan for progressive complianced with by … [at the latest] four [years after adoption]. the requirements found in article 4.1(a), including targets, means and timeline. Any Member States wishinghich chooses to use this additional period shall informreport annually to the Commission aton the latest by the date set down in paragraph 1 giving reasonssteps taken to provide effective non- discriminatory access and on the progress towards implementation of article 4(1)(a). The Commission shall report annually to the Council.
Amendment 327 #
2008/0140(CNS)
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. The European Commission shall propose a new directive in which all of the separate directives based on article 13 EC will be assembled by .... at the latest [2 years after adoption]. In this new directive all grounds for discrimination will enjoy the same level of protection.
Amendment 5 #
2007/2145(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the adoption of written declaration 0111/2007 on the ending of street homelessness,
Amendment 9 #
2007/2145(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas access to adequate housing is a fundamental human right and access to shelter often the first step towards adequate and sustainable housing solutions for people experiencing extreme poverty and exclusion; whereas every winter people freeze to death across the EU because of lack of emergency accommodation and outreach services catering for their needs,
Amendment 204 #
Amendment 205 #
2007/2145(INI)
Motion for a resolution
Paragraph 124 a (new)
Paragraph 124 a (new)
124 a. Calls on the Council to agree on an EU-wide commitment to end street homelessness by 2015;
Amendment 206 #
2007/2145(INI)
Motion for a resolution
Paragraph 124 b (new)
Paragraph 124 b (new)
124 b. Calls on the Commission to develop a European framework definition of homelessness, gather comparable and reliable statistical data, and provide annual updates on action taken and progress made in EU Member States towards ending homelessness;
Amendment 207 #
2007/2145(INI)
Motion for a resolution
Paragraph 124 c (new)
Paragraph 124 c (new)
124 c. Urges Member States to devise ‘winter emergency plans’ as part of a wider homelessness strategy;
Amendment 26 #
2007/0112(COD)
Proposal for a directive – amending act
Article 1 – point 6 – point b
Article 1 – point 6 – point b
“6. This Article is without prejudice to Article 21(1) of Directive 2004/83/EC.”
Amendment 28 #
2007/0112(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/109/EC
Article 22 – paragraph 3a - subparagraph 2
Article 22 – paragraph 3a - subparagraph 2
“This paragraph is without prejudice to Article 21(1) of Directive 2004/83/EC.”