Activities of Timothy KIRKHOPE

Draft opinion
Paragraph 1

1. Insists on the need for the EU to enhance police and judicial cooperation between Member States and with third countries in the investigation and prosecution of trafficking in human beings (THB), in particular via Europol and Eurojust, including information sharing particularly with regard to known trafficking routes, participation in Joint Investigation Teams and in combating recruitment of people for THB through the internet and other digital means; calls for such cooperation to be enhanced through the use of the Instrument for Stability, through ongoing benchmarks for candidate countries; and through ongoing discussions of the ACP, and EUROMED;

2016/04/06
Committee: LIBE

2015/2340(INI)

Draft opinion
Paragraph 2

2. Urges the Commission and the Member States to ensure that law enforcement personnel, including agencies such as Frontex, are provided with adequate training in THB, with an emphasis on the special needs of trafficked women, children and other vulnerable groups and on how to provide incentives and adequate protection for victims of THB and for others to report traffickers; calls on Member States to work with third countries in developing and issuing specific guidelines which can help aid consular services and border guards in the identification of victims of human trafficking;

2016/04/06
Committee: LIBE

2015/2340(INI)

Draft opinion
Paragraph 3

3. Calls on EU and Member State law enforcement agencies to reinforce their capacities as regards financial investigation and prosecution of individuals and criminal networks that profit from THB and to ‘follow the money’ as a key strategy in their work; stresses the need to address the profits made from human trafficking, as they are often used to fund other forms of serious criminal activity such as terrorism;

2016/04/06
Committee: LIBE

2015/2340(INI)

Draft opinion
Paragraph 3 a (new)

3a. Asks that the European Commission, the European Council and External Action Service in their negotiations with third countries for international agreements, readmission agreements and cooperation agreements, places an emphasis on the need for third countries to effectively combatting human trafficking, increase prosecutions for perpetrators and enhancing protection for victims;

2016/04/06
Committee: LIBE

2015/2340(INI)

Draft opinion
Paragraph 5

5. Underlines that trafficked pe~~ople~~rsons are victims of crime, and should benefit from protection regardless of their willingness to cooperate with the law enforcement authorities; considers it essential that, after conducting a comprehensive risk assessment on the viability of the return of a victim of THB, a residence permit should be granted to those victims and theirtherefore, calls upon the EU, its Member States and third countries to ensure that they have access to legal representation, victims protection, and rehabilitation famcilies whose safety upon return to their country of origin might not be guaranteed; calls on the Commission to review Directive 2004/81/EC, including by raising the minimum validation time of a residence permit; stresses that any return must always be consistent with the principle of non-refoulementties; stresses that in this regard more needs to be done across the EU to protect the victims of trafficking and to ensure that perpetrators are punished;

2016/04/06
Committee: LIBE

2015/2340(INI)

Draft opinion
Paragraph 6

6. ~~Calls on the Member States to ensure that victims of THB and their family members have access to free legal aid and counselling, including in criminal, civil or migration proceedings; u~~Underlines the need for a special and focused THB approach and protection for vulnerable groups such as refugees, people with disabilities and children, including unaccompanied minors from third countries.

2016/04/06
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Citation 4

— having regard to Article 4(3) TEU, Article 295 TFEU ~~and~~, Protocol No 1 on the role of national parliaments in the European Union, and Protocol No 2 on the application of the principles of subsidiarity and proportionality

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Citation 4

— having regard to Article 4(3) and 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union,

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Citation 11

– having regard to the publications of the European Union Agency for Fundamental Rights (FRA), ~~including the proposed European Fundamental Rights Information System (EFRIS) in the FRA paper 'Fundamental rights in the future of the European Union's Justice and Home Affairs', 31 December 20131 ,~~ __________________ 1 http://fra.europa.eu/sites/default/files/fra_s ubmission_on_the_future_of_eu_justice.pd f

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Citation 19

~~– having regard to the statement by First Vice-President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,~~deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Citation 20

~~– having regard to the statement by First Vice-President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,~~deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Citation 21

~~– having regard to the Commission's launch of a dialogue with the Polish government under the Rule of Law Framework, announced 13 January 2016,~~deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Recital E

E. whereas the definition of core values and principles ~~is a living and permanent process, and while those values and principles may evolve over time, they~~reinforces our union of sovereign nations and must be protected against short termism and ad hoc changes as a result of different political majorities;

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Recital F

F. whereas respect for cultural diversity and national traditions ~~may not impede a uniform and high level of~~are key elements in the protection of democracy, rule of law and fundamental rights (DRF);

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Recital K

K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation, and whereas all Member States should therefore be assessed on a regular basis in order to verify their continued compliance with the ~~Union's common values~~values on which the Union was founded;

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Recital L

L. whereas there are ~~few~~ instruments to correct legislative and executive policy decisions by the institutions of the Union, and these should be tested to be fit for purpose before new mechanisms are created;

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Recital S

S. whereas ~~some Member State governments deny that~~ upholding Union principles and values is a Treaty obligation~~, or that~~; and the Union has the authority to ensure compliance;

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Recital U

U. whereas ~~recent developments have shown it is urgent~~it is necessary to revise and integrate existing mechanisms ~~and develop an effective mechanism~~ to ensure Treaty principles and values are upheld throughout the Union;

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Recital V

V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing; respecting the principle of subsidiarity; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Paragraph 1

1. Requests the Commission to submit, by the end of 2016, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union ~~and its Member States~~ in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Paragraph 2

2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States as well as the three main institutions of the Union with respect to the subsidiarity principle;

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Paragraph 2

2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and ~~apply to all Member States as well as~~should apply only to the three main institutions of the Union;

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Paragraph 5

5. Calls for the creation of a Union Fund, on the basis of a pilot project, for legal assistance to individuals and organisations litigating cases relating to DRF violations by national governments or the institutions of the Union;deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Paragraph 9 – indent 4

- ~~Abolition of~~Strengthening Article 51 of the Charter of Fundamental Rights~~, and the conversion of the Charter into a Bill of Rights of the Union~~;

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Paragraph 9 – indent 5

- ~~Review~~Maintaining the unanimity requirement in areas relating to respect for and protection and promotion of fundamental rights, such as equality and non-discrimination;

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Paragraph 10

10. Confirms that the recommendations must respect fundamental rights and the principle of subsidiarity;

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Citation 10

– having regard to the publications of the European Union Agency for Fundamental Rights (FRA), including the proposed European Fundamental Rights Information System (EFRIS) in the FRA paper 'Fundamental rights in the future of the European Union's Justice and Home Affairs', 31 December 20131, ____________________ 1http://fra.europa.eu/sites/default/files/fra _submission_on_the_future_of_eu_justic e.pdf

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Citation 18

~~– having regard to the statement by First Vice President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Citation 19

~~– having regard to the statement by First Vice President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Citation 20

~~– having regard to the Commission's launch of a dialogue with the Polish government under the Rule of Law Framework, announced 13 January 2016,~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Citation 21

~~– having regard to the Parliament resolution of 7 July 2013 on the situation of fundamental rights: standards and practices in Hungary, (2012/2130(INI)), in particular paragraph 79,~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Citation 24

~~– having regard to its resolution of 10 June 2015 on the situation in Hungary (2015/2700(RSP)), in particular paragraph 12,~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Recital 4

(4) Whereas elaborating definitions, standards and benchmarks regarding DRF is not a one-off decision but, rather, ~~a permanent and interactive process based on broad public debate and consultation, regular review and the sharing of best practic~~should be monitored by the Commission and the Member States;

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Recital 5

(5) Whereas ~~only~~ a mechanism that has broad support of Union citizens ~~and allows them to take ownership of the process can~~may be effective;

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Recital 7

(7) Whereas there are several instruments for addressing the risk of a serious breach of Union values ~~but they lack clear and objective benchmarks~~;

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 1

The core values and foundational principles of the Union, namely democracy, the rule of law and fundamental rights (DRF), shall be upheld throughout the Union in a Union Pact on DRF, which shall consist of the definition, elaboration, monitoring and enforcement of those values and principles, ~~and apply to both~~ which are overseen by the Commission in conjunction withe Member States ~~and the institutions of the Union~~;

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 2

The core elements of the Union Pact on DRF shall consist of the DRF Scoreboard, the DRF Semester, including an annual inter-parliamentary debate on the basis of that Scoreboard, and arrangements for remedying possible risks and breaches and for the activation of the preventative or corrective arms of Article 7 of the Treaty on European Union (TEU), and a DRF policy cycle within the institutions of the Union and consultative arrangements for remedying possible risks and breaches;

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 3

The DRF Semester shall ~~be expanded to~~ incorporate the Commission's Rule of Law Framework and the Council's Rule of Law Dialogue ~~into a single Union instrument~~;

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 4

An annual scoreboard on the state of DRF in the Member States shall be ~~elabor~~created by the Commission in consultation with an independent panel of experts ~~and adopted by the Commission~~;

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 6 – indent 5

~~– existing indexes and benchmarks developed by international organisations and NGOs;~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 6 – indent 7

~~– non-EU international organisations such as the UN and the OECD;~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 7

The DRF Scoreboard shall contain a general part and ~~country-~~specific reports, including recommendations.

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 8 – introductory part

The Scoreboard shall be based on a set of indicators in ~~three~~ categories~~, presented in a harmonised format and accompanied by country-specific report~~ set by the Commission in consultation with agencies and stakeholders.

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 8 – point 8.1

~~8.1.~~– Indicators for Democracy~~: – – – decisions after elections – checks and balances which ensure that the impartial state is not called into question – institutions, based~~ shall include the impartial nature of the state, the reversibility of political decisions after elections, freedom and pluralism of the media, integrity and absence of corruption, transparency and accountability. Separation of powers The impartial nature onf the ~~immutability of the constitution – media – corruption – – Fundamental Rights of the European Union ('~~state The reversibility of political The existence of institutional The permanence of the state and Freedom and pluralism of the Integrity and absence of Transparency and accountability Title V of the Charter') of

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 8 – point 8.2

~~8.2~~ Indicators for the Rrule of Llaw: – – – powers – discrimination – and impartiality, fair trial, constitutional justice (where applicable) – law: corruption, conflict of interest, collection of personal data and surveillance – Title V of the Charter shall include legality and legal certainty, prevention of abuse or misuse of powers, equality and non-discrimination, access to justice, corruption, surveillance and conflict of interests Legality Legal certainty Prevention of abuse or misuse of Equality before the law and non- Access to justice: independence Particular challenges to the rule of

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 9 – introductory part

The assessment of the state of DRF in the Member States, as well as the development of ~~country-specific~~ draft recommendations, shall be carried out by ~~a broad and representative panel of independent experts ('DRF expert panel')~~relevant and appropriate representatives, on the basis of a quantitative and qualitative review of the data and information available.

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 9 – point 9.1

The DRF expert panel shall be composed of the following members: – one independent expert designated by each Member State; ~~– ten~~– experts designated by the European Network of National Human Rights Institutions (ENNHRI); – ~~two~~ experts each designated by the Venice Commission and the Council of Europe Human Rights Commissioner; – ~~ten~~ former judges designated by CEPEJ; – ~~two~~ experts each designated by the United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD).

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 9 – point 9.2

9.2 The DRF expert panel shall be chaired by the ~~President of the FRA Scientific Committee~~Commission.

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 10 – introductory part

For each of the indicators, a score shall be given by each of the panellists to each of the Member States: satisfactory (green), risk (yellow), breach or violation (red). The final score shall be the average of the DRF expert panel. This scoring exercise shall be carried out on an anonymous and independent basis by each of the panellists in order to safeguard the independence of the DRF expert panel and the objectivity of the DRF Scoreboard. The members of the DRF expert panel may, however, consult with one another with a view to discussing methods and agreed standards.

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 11 – indent 1

– The draft DRF Scoreboard, including draft ~~country-specific~~ recommendations, shall be developed annually by the DRF expert panel;

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 11 – indent 2

– The DRF expert panel shall assess the data and information available and allocate ~~green, yellow and red~~ scores to each of the DRF indicators for each of the Member States or institutions of the Union ~~under scrutiny.~~;

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 11 – indent 3

– The draft DRF Scoreboard and draft ~~country-specific~~ recommendations shall in principle be made publically available;

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 11 – indent 4

– The Commission shall formally adopt the DRF Scoreboard and ~~country- specific~~ reports, including recommendations, and refer them to the Member States~~, the European Parliament~~ and the Council as a basis for the DRF Semester.

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 12 – introductory part

The adoption of the DRF Scoreboard by the Commission shall initiate the DRF Semester, which shall aim at addressing the results of the DRF Scoreboard and recommendations included in ~~country- specific~~ reports, through the following steps:

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 12 – indent 1

– the European Parliament shall hold an inter-parliamentary debate on the basis of the DRF Scoreboard~~, and adopt a resolution~~;

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 12 – indent 3

– on the basis of the DRF Scoreboard~~, the recommendations of the European Parliament and the Council conclusions,~~ the Commission may decide to launch a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases together;

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 12 – indent 4

– on the basis of the DRF Scoreboard, ~~the recommendations of~~after consulting the European Parliament and the Council conclusions, the Commission may decide to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice under Article 70 TFEU.

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 12 – point 12.1

12.1 On the basis of the DRF Scoreboard, if a Member State ~~has a green score on~~complies with all indicators, no further action ~~sha~~will be ~~necessary~~taken.

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 12 – point 12.2

12.2 On the basis of the DRF Scoreboard, if a Member State ~~receives~~falls short on one or more ~~yellow~~ scores, the Commission shall commence a dialogue with that Member State~~, building upon its Rule of Law Framework, taking into account the country-specific report~~.

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 12 – point 12.2.1

12.2.1 Where a Member State has ~~yellow score~~fails on one third of the indicators, it shall be considered that there is a clear risk of a serious breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(1) TEU. The Commission~~, the Council and the European Parliament~~ and the Council shall ~~each~~ discuss the matter and take a reasoned decision, which in principle shall be made public.

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 12 – point 12.3

12.3 On the basis of the DRF Scoreboard, where a Member State receives one or more serious failured scores, the Commission will start a dialogue with that Member State~~, taking into account the country specific report~~.

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 12 – point 12.3.1

12.3.1 In case a Member State has ~~red scor~~serious breaches on more than one quarter of the indicators, or if it has ~~red scor~~serious breaches on one or more indicators over a period of at least two years, or if despite a dialogue with the Commission or an Article 7(1) procedure the number of bre~~d scor~~aches increases, it will be considered that there is a serious and persistent breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(2) TEU. The Commission, and the Council ~~and the European Parliament~~ shall each discuss the matter and take a reasoned decision, which shall in principle be made publically available.

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 13

The DRF Scoreboard shall ~~expire five years after its entry into force, unless the signatories decide to renew it for a period to be determined by them~~be reviewed annually to assess its effectiveness.

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 14 – introductory part

~~A systematic f~~Fundamental rights ~~impact assessment shall be carried ou~~shall be included as part of the impact assessment for all legislative proposals by the Commission, in accordance with Article 20 of the Interinstitutional Agreement on Better Regulation;

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 14 – point 14.1

14.1 An independent expert panel, which shall be set up by the Commission, the Council and the European Parliament, shall assess DRF compliance of legislative proposals after the conclusion of interinstitutional negotiations and prior to their formal adoption in accordance with Article 12 of the Interinstitutional Agreement on Better Regulation. The panel shall provide advice during the interinstitutional negotiations.deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 15

An interinstitutional impact assessment working group ('Working Group') shall be set up with a view to improving interinstitutional cooperation on impact assessments, and creating a fundamental rights and rule of law compliance culture. The panel shall consult with national experts at an early stage so as to better foresee the implementation challenges in Member States, as well as to help overcome different interpretations and understandings by the different institutions of the Union as regards the impact of fundamental rights and rule of law on legal acts of the Union. The Working Group shall build upon the "Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies", 5377/15, Tool #24 from the Better Regulation Toolbox and Rule 38 of the Rules of Procedure of the European Parliament to ensure DRF compliance and promotion.

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 16 – introductory part

The annual reports of the Commission, the Council and the European Parliament relating to enforcement and compliance with the rule of law and fundamental rights by the institutions of the Union shall be included in the annual DRF policy cycle of the DRF Scoreboard:; namely application of Charter of Fundamental Rights, EU law and Regulation (EC) No 1049/2001 of the European Parliament and of the Council1a: ____________________ 1a 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 (OJ L 145, 31.5.2001, p. 43).

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 16 –indent 1

~~– Annual report on the application of the Charter of Fundamental Rights;~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 16 –indent 2

~~– Annual report on the application of EU law;~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Annex – Article 16 –indent 3

– Annual report on the application of Regulation (EC) No 1049/2001 of the European Parliament and of the Council.1 ____________________ 1 the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).deleted Regulation (EC) No 1049/2001 of

2016/06/24
Committee: LIBE

2015/2233(INI)

Draft opinion
Recital A

A. whereas the Union is bound by the Charter of Fundamental Rights of the European Union (the Charter), including Article 8 thereof on the right to the protection of personal data, and by Article 16 of the Treaty on the Functioning of the European Union (TFEU) on the same fundamental right, as a key pillar of EU primary law which must be fully respected by all international agreements; acknowledges that the legal traditions and systems of the United States and the European Union are different, and therefore should pursue agreements based on adequacy and equivalence of the differing systems, rather than a replication of European standards;

2015/10/19
Committee: LIBE

2015/2233(INI)

Draft opinion
Recital A a (new)

Aa. whereas TISA is intended to create an open and fair level playing field for companies operating overseas; allowing the opening up of markets in order to provide economic growth and jobs for the EU, whereas high data protection standards in the transfer of personal data are important in to ensure trust and further investment in sectors such as digital and telecommunications;

2015/10/19
Committee: LIBE

2015/2233(INI)

Draft opinion
Recital E

E. whereas ~~ongoing negotiations on international trade agreements, including~~ the Trade in Services Agreement (TiSA), ~~also~~ touch upon international data flows while excluding privacy and data protection entirely, which will be discussed in parallel;

2015/10/19
Committee: LIBE

2015/2233(INI)

Draft opinion
Recital F

F. whereas ~~the draft US text on e- commerce for the TiSA would undermine EU rules and saf~~it is important that the EU and the US reach a compromise reguard~~s for~~ing the transfer of personal data to third countries which fully respects the privacy and protection of personal data; whereas Parliament reserves the right to express its opinion after consulting any future text proposals and drafts of the TiSA agreement;

2015/10/19
Committee: LIBE

2015/2233(INI)

Draft opinion
Paragraph 1 – point a

(a) to ensure that the agreement guarantees full respect for EU fundamental rights standards through the inclusion of a legally binding and suspensive human rights clause as a standard part of EU trade agreements with third countries;deleted

2015/10/19
Committee: LIBE

2015/2233(INI)

Draft opinion
Paragraph 1 – point b

(b) to incorporate, as a key priority, a comprehensive and unambiguous horizontal self-standing provision, based on Article XIV of the General Agreement on Trade in Services (GATS), that fully exempts the existing and future EU legal framework for the protecin the core text of TiSA, an exemption, notwithstanding any other part of the agreement, allowing for the protection of the privacy of individuals in relation to the processing and dissemination of personal data ~~from~~and the ~~agreement, without any condition that it must be consistent with other parts of the TiSA~~protection of confidentiality of individual records and accounts, and to ensure that the agreement does not preclude the enforcement of exceptions for the supply of services which are justifiable under the relevant World Trade Organisation rules (Articles XIV and XIV~~bis~~a of the GATS);

2015/10/19
Committee: LIBE

2015/2233(INI)

Draft opinion
Paragraph 1 – point c

(c) to ensure that personal data can be transferred outside the Union only if the provisions on third-country transfers in EU data protection laws are complied with; to negotiate on provisions which touch upon the flow of personal data only if the full application of EU data protection rules is guaranteed and respectedso long as equivalent EU data protection standards are provided for under an international agreement or mechanism;

2015/10/19
Committee: LIBE

2015/2233(INI)

Draft opinion
Paragraph 1 – point d

~~(d) to oppose the provisions with regard to the protection of personal data in the US draft TiSA chapter on e-commerce;~~deleted

2015/10/19
Committee: LIBE

2015/2233(INI)

Draft opinion
Paragraph 1 – point e

(e) to keep in mind that EU rules on the transfer of personal data may prohibit the processing of such data in third countries if they do not meet the EU adequacy standard; ~~to insist that any requirements for the localisation of data processing equipment and establishments be in line with EU rules on data transfers;~~ to cooperate with third countries in the appropriate settings with a view to adopting adequate high data protection standards around the world;

2015/10/19
Committee: LIBE

2015/2147(INI)

Draft opinion
Paragraph 2

2. Calls for measures to tackle illegal content on the internet that will be in compliance with the fundamental right to freedom of expression and information; considers that, in order to achieve that goal, it is necessary to provide appropriate law enforcement tools, to support public- private partnerships and cooperation, to consider the role of intermediaries and to promote education and awareness-raising campaigns; stresses the need for special measures to combat the sexual exploitation of children online and for steps to be taken to ensure that any illicit content is promptly removed and reported to law enforcement authorities;

2015/10/20
Committee: LIBE

2015/2147(INI)

Draft opinion
Paragraph 3

3. Highlights the fact that the fast-growing number of attacks on networks and acts of cybercrime calls for a ~~harm~~robust responise~~d EU response~~ from EU member states with a view to ensuring a high level of cybersecurity; believes that providing security on the internet means protecting networks and critical infrastructure, the ability of law enforcement agencies to fight criminality, including terrorism, radicalisation and child pornography, and the use of the necessary data to fight crime online and offline; stresses that security, thus defined, is necessary to reinforce trust in digital services and the processing of personal data;

2015/10/20
Committee: LIBE

2015/2147(INI)