330 Amendments of Salvatore IACOLINO
Amendment 37 #
2013/2739(RSP)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the future establishment of the Euro-Mediterranean trade and investment facilitation mechanism (TIFM), which should provide economic operators, in particular SMEs, with the necessary information on doing business in the region, including inter alia on regulations and trade and investment flows;
Amendment 47 #
2013/2739(RSP)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that Deep and Comprehensive Free Trade Agreements (DCFTA), where appropriate, are a good opportunity to enhance bilateral trade and address issues which are of mutual concern to both sides, such as promoting sustainable economic growth and tackling crippling, technical assistance to SMEs and support for young entrepreneurs, in order to combat youth unemployment;
Amendment 5 #
2013/2109(INL)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to its resolution of 23 October 2013 on organised crime, corruption, and money laundering: recommendations on action and initiatives to be taken (final report) (2013/2017(INI)),
Amendment 23 #
2013/2109(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas clearly defined and effective instruments for mutual recognition of judicial measures are of key importance to national prosecution services in connection with investigations into serious cross-border crimes and will be equally important in investigations carried out by the European Public Prosecutor’s Office once it has been set up;
Amendment 24 #
2013/2109(INL)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas in its final report the Special Committee on Organised Crime, Corruption and Money Laundering (CRIM) stressed the need to ensure swift mutual recognition, whilst fully respecting the principle of proportionality, of all judicial measures, with particular reference to criminal judgments, confiscation orders and European arrest warrants;
Amendment 40 #
2013/2109(INL)
Motion for a resolution
Recital C – point iv
Recital C – point iv
(iv) disproportionate and inappropriate use of the EAW for minor offences or in circumstances where less intrusive alternatives might be used, leading to unwarranted arrests, time spent in pre-trial detention and burdens on the resources of Member States;
Amendment 61 #
2013/2109(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that full recognition and rapid enforceability of judicial measures are a step towards the establishment of a European criminal justice area, and emphasises the European arrest warrant’s importance as an effective means of combating serious cross-border crime;
Amendment 99 #
2013/2109(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on Member States to make appropriate use of the European arrest warrant and to implement the whole body of Union criminal justice measures and thereby make available to judicial authorities alternative and less intrusive mutual recognition instruments;
Amendment 124 #
2013/2109(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Confirms that the recommendations respect fundamental rights and, the principle of subsidiarity and the principle of proportionality;
Amendment 43 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point i
Paragraph 4 – point i
(i) the European Public Prosecutor’s Office should operate in the strictest compliance with the principle of the natural court, which requires that the non-discretionary criteria determining which competent court is to exert jurisdiction should be clear and known in advance; ly established in advance, have a binding nature and be hierarchically categorised; furthermore, the determination of competence in accordance with those criteria should be subject to judicial review;
Amendment 50 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point ii
Paragraph 4 – point ii
(ii) the scope of the competence of the EPPO should be precisely determined, to enable the criminal actoffences that fall within that scope to be identified beforehand. The European Parliament suggests that the definitions set out in Article 13 of the Commission proposal, concerning ancillary competence, should be carefully reviewedAs regards the ancillary offences that may be subject to the competence of the EPPO, clear and exhaustive conditions should be established. The European Parliament calls in this regard for the careful revision of the provisions in Article 13 of the Commission proposal;
Amendment 64 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point iv
Paragraph 4 – point iv
(iv) the admissibility of evidence and its assessment are key elements in the ascertainment of guilt. The relevant rules must therefore be clear and uniform throughout the area covered by the European Public Prosecutor’s Office and should fully comply not only with personal defence safeguards but with all the rights as guaranteed by the Charter both for the admissibility and the assessment of evidence;
Amendment 73 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point v
Paragraph 4 – point v
(v) all decisions taken by the European Public Prosecutor should be subject to legal challenge before a superiorjudicial review before the competent court. In this regard, decisions taken centrally by the Public Prosecutor, as described in Articles 27, 28 and 29 concerning competence, dismissal of cases or transactions, should logically be subject to appeal before the Court of Justice in order to fully respect the right to an effective judicial remedy under Article 47(2) of the Charter;
Amendment 94 #
2013/0255(APP)
Motion for a resolution
Paragraph 5 – point iii
Paragraph 5 – point iii
(iii) the prosecution should reconcile legal certainty with the protection of personal data, to this end the three-year storage period could be revised to better take into account the needs of the work of the European Public Prosecutor and the delegated prosecutors;
Amendment 103 #
2013/0255(APP)
Motion for a resolution
Paragraph 6 – point i
Paragraph 6 – point i
(i) in order to ensure a successful outcome for investigations and their coordination, those who are required to conduct them should have in-depth knowledge of the legal systems of the countries concerned. To that end, the organisational model of the EPPO should include, centrally, at least one representative perensure at central level the appropriate skills, experience and knowledge of the legal systems of the Member States;
Amendment 109 #
2013/0255(APP)
Motion for a resolution
Paragraph 6 – point iii
Paragraph 6 – point iii
(iii) lastly, to ensure that the EPPO is able to guarantee high standards of independence, efficiency, experience and professionalism, its staff should be as highly qualified as possible and should ensure that the objectives set out in this resolution are achieved. In particular, the staff members in question may come from the judiciary or from other sectors in which they have acquired the aforementioned experience and professionalism as well as appropriate knowledge of the legal systems of the Member States. In this regard, the Commission’s statements in Paragraph 4 of the proposal’s Explanatory Memorandum, in relation to overall costs, should match actual requirements relating to the efficiency and functionality of the EPPO;
Amendment 31 #
2013/0106(COD)
Draft legislative resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to its resolution of 23 October 2013 on organised crime, corruption, and money laundering: recommendations on action and initiatives to be taken1a, with particular reference to the fight against human trafficking and death traffickers, ____________ 1a Texts adopted, P7_TA(2013)0444.
Amendment 42 #
2013/0106(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The establishment of the European Border Surveillance System (EUROSUR) established by Regulation (EU) No […/…] of the European Parliament and of the Council of […] should strengthen the information exchange and operational cooperation between Member States and with the Agency. This ensures that the situational awareness and reaction capability of Member States improves considerably, also with the support of the Agency, for the purposes of detecting and preventing irregular migration, for combating human trafficking by cross- border crimeinal organisations and for contributing to protect and save the lives of migrants at their external borders. When coordinating border surveillance operations, the Agency should provide Member States with information and analysis concerning these operations.
Amendment 52 #
2013/0106(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Agreements on the integrated management of migration flows between the European Union and the countries of origin and transit of migrants should be complementary to the surveillance of external borders and help to increase the protection of fundamental rights.
Amendment 66 #
2013/0106(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Pursuant to Regulation (EC) No 2007/2004, border surveillance operations coordinated by the Agency are conducted in accordance with an operational plan. Accordingly, as regards sea operations, the operational plan should include specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation or pilot project takes place, including references to international and Union law, regarding interception, rescue at sea and disembarkation. In turn, this Regulation governs the issues of interception, rescue at sea and disembarkation in the context of sea border surveillance operations coordinated by the Agency in accordance with international law and fundamental rights.
Amendment 69 #
2013/0106(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) This Regulation respects international law and, in particular, international Conventions governing search and rescue and relevant bilateral agreements which comply with international law.
Amendment 70 #
2013/0106(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) This Regulation does not rule out the possibility of determining the details of joint operations at sea in specific operational plans, taking into account the specific requirements and characteristics of the context in which the Member States are operating.
Amendment 111 #
2013/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Upon detection, the participating units shall approach a ship suspected of crossing or intending to cross the border in an irregular manner to observe its identity and nationality and, pending further measures, it shall be surveyed at a prudent distance. The participating units shall communicate information about the ship immediately to the International Coordination Centre. It shall transmit the information to the National Coordination Centre of the host Member State.
Amendment 112 #
2013/0106(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the ship is about to enter or it has entered the territorial sea or, where formally proclaimed, the contiguous zone, of a Member State that is not participating in the sea operation, the participating units shall communicate information about the ship to the International Coordination Centre, which shall convey this information to the National Coordination Centre of the Member State concerned.
Amendment 115 #
2013/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. In cases where transnational human trafficking can be deduced, the International Coordination Centre shall communicate information about any suspicious ships to the judicial and police authorities of the Member State or States concerned, which shall assess whether or not to activate joint investigation teams, where appropriate in agreement with Europol and Eurojust, in order to prevent, detect and punish such offences.
Amendment 148 #
2013/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
(e) ordering the ship to modify its course outside of or towards a destination other than the territorial sea or, where formally proclaimed, the contiguous zone, including escorting the vessel or steaming nearby until the ship is heading on such course;
Amendment 159 #
2013/0106(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In the formally proclaimed zone contiguous to the territorial sea of a Member State, which is a host Member State or a participating Member State, the measures laid down in Article 6(1) shall be taken in accordance with Article 6(2).
Amendment 165 #
2013/0106(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. During a sea operation, according to international law on search and rescue, participating units shall render assistance to any ship or person in distress at sea. They shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found.
Amendment 177 #
2013/0106(COD)
Proposal for a regulation
Article 9 – paragraph 6 – point i a (new)
Article 9 – paragraph 6 – point i a (new)
(ia) the presence of persons with disabilities;
Amendment 201 #
2013/0106(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The participating units shall inform the International Coordination Centre of the presence of any persons within the meaning of Article 4(1), and the International Coordination Centre shall convey that information to the competent national authoritiesNational Coordination Centre. On the basis of that information, the operational plan should determine which follow-up measures may be taken.
Amendment 204 #
2013/0106(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Specialised branches Pursuant to Article 16 of Regulation (EU) No 2004/2007, the Agency shall evaluate the need to set up specialised branches, for all aspects relating to the surveillance of maritime borders, as operational offices in areas subject to significant migration flows, including illegal migration and in particular in the Mediterranean, to improve coordination between Member States and ensure solidarity and responsible burden-sharing between them, thereby strengthening the operational capacity of the Agency.
Amendment 205 #
2013/0106(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 207 #
2013/0106(COD)
Proposal for a regulation
Article 10 b (new)
Article 10 b (new)
Article 10b Report 1. The Agency shall submit a report to the European Parliament, the Council and the Commission on the implementation of this Regulation by xxx (two years after entry into force) and every two years thereafter. 2. The report shall include a description of the procedures put in place by the Agency to implement this Regulation during sea operations and an assessment of the practical application of this Regulation, including any incidents which may have taken place, and of the compliance with and impact on fundamental rights. 3. The Commission, taking account of this report, during the preparation and presentation of the Agency’s annual budget, shall ensure that the available resources are used efficiently, through a fair balance between administrative expenditure and operational expenditure.
Amendment 39 #
2013/0103(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Following the review, certain provisions of the Regulations should be amended in order to improve transparency and predictability, provide for effective measures to fight against retaliation, improve effectiveness and enforcement and optimise review practice, and to facilitate access to the instruments for SMEs. To this end, the function of the Export Helpdesk should be adapted. In addition, certain practices that in recent years have been applied in the context of anti- dumping and anti-subsidy investigations should be included in the Regulations.
Amendment 45 #
2013/0103(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) To ensure the effectiveness of the instrument, it should shorten the time for the imposition of anti-dumping and countervailing provisional measures to 7 months and 12 months for the definitive duties. To this end, it is important that the Unit in charge of anti-dumping and anti- subsidy investigations has adequate resources, including human resources.
Amendment 57 #
2013/0103(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Third countries increasingly interfere in trade. Significant State interferences inter alia involving prices, costs and inputs, research and labour, outputs, sales and investments, currency exchange rate manipulations and unfair trade finance conditions, further distort regular course of trade and may have a severe impact on Union's producers . As an example, third countries increasingly interfere in trade of raw materials with a view to keeping raw materials in those countries for the benefit of domestic downstream users, for instance by imposing export taxes or operating dual pricing schemes on energy. As a result, the costs of raw materials do not result from the operation of normal market forces reflecting supply and demand for a given raw material. Such interference creates additional distortions of trade. As a consequence, Union producers are not only harmed by dumping, but suffer, compared to downstream producers from third countries engaged in such practices, additional distortions of trade. In order to protect trade adequately, the lesser duty rule shall not apply in such cases of structural raw material distortions.
Amendment 67 #
2013/0103(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 77 #
2013/0103(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 108 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 c (new)
Article 1 – paragraph 1 – point 1 c (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
1c. In Article 6, a new paragraph 6a is added : 6a. The Commission shall adopt implementing acts to ensure the possible access to information to all interested parties by allowing for an information system whereby interested parties are notified when new non-confidential information is added to the investigation file.
Amendment 109 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 d (new)
Article 1 – paragraph 1 – point 1 d (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 9
Article 6 – paragraph 9
1d. Article 6, paragraph 9 shall be replaced by the following: For proceedings initiated pursuant to Article 5(9), an investigation shall be concluded within one year, in accordance with the findings made pursuant to Article 8 for undertakings or the findings made pursuant to Article 9 for definitive action.
Amendment 130 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 1225/2009
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 156 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 1225/2009
Article 7 – paragraph 2
Article 7 – paragraph 2
The amount of the provisional anti- dumping duty shall not exceed the margin of dumping as provisionally established. Unless structural raw material distorignificant State interferences regarding, inter alia, prices, costs and inputs, including for instance raw materials and energy, research and labour, outputs, sales and investments, currency exchange rate and fair trade finance conditions, were found to exist with regard to the product concerned in the exporting country, it should be less than the margin of dumping if such lesser duty would be adequate to remove the injury toin the Union industry.
Amendment 181 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 1225/2009
Article 9 – paragraph 4
Article 9 – paragraph 4
The amount of the definitive anti-dumping duty shall not exceed the margin of dumping established. Unless structural raw material distorignificant State interferences regarding, inter alia, prices, costs and inputs, including for instance raw materials and energy, research and labour, outputs, sales and investments, currency exchange rate and fair trade finance conditions, were found to exist with regard to the product concerned in the exporting country, it shallould be less than the margin of dumping if such lesser duty would be adequate to remove the injury toin the Union industry."
Amendment 207 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Amendment 272 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
Amendment 317 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Regulation (EC) No 597/2009
Article 29b
Article 29b
Amendment 10 #
2013/0049(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The safety of products should be assessed taking into account all the relevant aspects, in particular their characteristics, composition, authenticity and presentation as well as the categories of consumers who are likely to use the products taking into account their vulnerability, in particular children, the elderly and the disabled.
Amendment 22 #
2013/0049(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The indication of origin supplements the basic traceability requirements concerning the name and address of the manufacturer. In particular, the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted or its given address is different from the actual place of manufacture. The indication of the origin of the materials that make up the product completes the information for consumers. Such information can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow up actions.
Amendment 25 #
2013/0049(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Regulation shall apply to products obtained through a manufacturing process placed or made available on the market, including the online market, whether new, used or reconditioned, and which comply with any of the following criteria:
Amendment 29 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point a
Article 6 – paragraph 1 – subparagraph 1 – point a
a) the characteristics of the product, including its composition, authenticity, packaging, instructions for assembly and, where applicable, for installation and maintenance;
Amendment 38 #
2013/0049(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Manufacturers and importers shall ensure that products bear an indication of the country of origin of the product and of the materials composing it, or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product.
Amendment 48 #
2013/0048(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Chapters I, II, III, V and VI of this Regulation shall apply to all products that are subject to Regulation (EU) No [… on Consumer Product Safety] or Union harmonisation legislation, including to products assembled or manufactured for the manufacturer's own exclusive use, and to the extent that Union harmonisation legislation does not contain a specific provision with the same objective.
Amendment 58 #
2013/0048(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Market surveillance shall be organised and carried out in accordance with this Regulation with a view to ensuring that products presenting a risk are not placed or made available on the Union market and, where such products have been made available, effective measures are taken to remove the risk presented by the product.
Amendment 62 #
2013/0048(COD)
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. The market surveillance authorities shall undertake to fast-track the harmonisation of customs control systems, with the support of the national authorities.
Amendment 85 #
2013/0048(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. There shall be efficient cooperation and exchange of information among the market surveillance authorities of the Member States, among the different authorities within each Member State and between market surveillance authorities and the Commission and the relevant Union agencies regarding market surveillance programmes and all issues relating to products presenting a risk, whether it be connected to the product's origin or its components. The Member States shall ensure that these procedures are fully consistent with the Union's external border management.
Amendment 87 #
2013/0048(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. MWhere necessary, market surveillance authorities mayshall cooperate with the competent authorities of third countries with a view to exchanging information and technical support, promoting and facilitating access to Union information exchange systems including the RAPEX system in accordance with Article 19(4), and promoting activities relating to conformity assessment and market surveillance.
Amendment 231 #
2013/0025(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) “gambling services” means any service which involves wagering a stake with monetary value, or which can be converted into money, in games of chance including those with an element of skill such as lotteries, bingo, casino games, poker games and betting transactions that are provided at a physical location, or by any means at a distance, by electronic means or any other technology for facilitating communication, and at the individual request of a recipient of services;
Amendment 7 #
2012/2299(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Invites Member States, the Commission and companies to enhance the role of regional airports across the EU, for example in the Mediterranean and at the eastern border, in creating airport infrastructures with a view to facilitating the flows of passengers and goods thereby strengthening economic and trade relations with third countries, as well as to create more employment opportunities;
Amendment 34 #
2012/2263(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that an unaccompanied minor is above all a minor who is potentially in danger and that child protection, rather than immigration control, must be the major consideration for States and the European Union when dealing with them;
Amendment 49 #
2012/2263(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Deplores the fragmentation of the European provisions concerning unaccompanied minors and urges the Commission to compile a manual drawing together these various legal bases to strengthen their protection;
Amendment 76 #
2012/2263(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that combating trafficking in human beings and slavery is a necessary first step, as minors are particularly confronted with the risks of trafficking and exploitation and because action should be taken as a priority in third countries to tackle the root causes of trafficking;
Amendment 100 #
2012/2263(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to draw up binding strategic guidelines for use by all Member States, which should draw inspiration from their best practices, take the form of common minimum standards and detail each stage in the process, from the arrival of a minor in European territory until an appropriate solution has been found for him;
Amendment 110 #
2012/2263(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to comply strictly and without fail with the fundamental obligation never to place a minor in detention, and to give precedence to alternative penalties;
Amendment 171 #
2012/2263(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that all procedures must be appropriate for minors and that the point of view of the minor should be listened to and taken into account in all procedures; and that trained professions such as psychologists and social assistants should be on hand;
Amendment 1 #
2012/2223(INI)
Draft opinion
Paragraph -A (new)
Paragraph -A (new)
-A. Whereas the progressive development and fortification of a common defence policy aiming at reinforcing the strategic autonomy of the EU is a primary purpose for the Union;
Amendment 6 #
2012/2223(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls the Commission to detail the situation which will trigger the mutual defence clause, as well as the procedure for it to be applied; points out that in case that a Member State is under external threat the response by the other Member States should be established within the Council; believes that this should not prejudice the security and defence policy of the Member States directly involved.
Amendment 10 #
2012/2223(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines that the Solidarity Clause should be triggered under the same structures and procedures envisaged for the mutual defence clause and notes that the Council should take the decision within 5 days.
Amendment 3 #
2012/2186(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. RegretObserves that contrary to last year's report, the Court of Auditors made severalome critical comments covering a number of different issues;
Amendment 7 #
2012/2186(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes note of further comments made by the Court of Auditors regarding the decommittment of outstanding commitments which do not relate to legal obligations, the lack of treasury policy and the lack of policy on exceptions, as well as the shortcomingsexistence of further room for improvement regarding recruitment procedures and procurement files; welcomes the Centre's replies announcing action on all these matters; requests the Centre to take all remedial measures as announced without delay;
Amendment 2 #
2012/2132(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that concentration of media ownership may undermine freedom of information, and in particular the right to receive information, and therefore requests the Commission to specify the ownership relations existing among the 7 500 broadcasters it has identified in the EU, with the aim of singling out the potential challenges relating to plurality in these media serviceidentifying possible breaches of existing regulations;
Amendment 17 #
2012/2032(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the fact that there has been a sharp decrease in the number of asylum applications in the past decade in the EU; highlights that as a whole and in some Member States; highlights however that, when considering their geographic and demographic characteristics, certain Member States face disproportionate asylum requests compared to others, and that asylum applications are unevenly spread across the EU; stresses that it is crucial to identify these inequalities by, inter alia, comparing absolute numbers andwith capacity indicators;
Amendment 79 #
2012/2032(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses the importance of strict oversightcareful verification with regard to the funds’ use and management, on the basis of specific indicators andresults and measurable criteria, in order to avoid the misallocation of human and financial resources; welcomes, in this respect, the setting-up of a common evaluation and monitoring system;
Amendment 87 #
2012/2032(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the Dublin Regulation, which governs the allocation of responsibility for asylum applications, while placinges a disproportionate burden on Member States constituting entry points into the EU, and does not provide the means for them to respond adequately to the administrative and financial demands involvedallow for a fair distribution of asylum responsibility among Member States; notes that the Dublin system as it has been applied so far has led to the unequal treatment of asylum seekers across the EUin some Member States while also having an adverse impact on family reunification and integration; stresses, moreover, its shortcomings in terms of efficiency and cost-effectiveness, since more than half of agreed transfers never take place and multiple applications are still the rule;
Amendment 100 #
2012/2032(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that joint processing could constitute a valuable tool for solidarity and responsibility-sharing in preventing or rectifying capacity problems, reducing the burdens and costs related to asylum processing, and ensuring a more equitable sharing of responsibility for the processing of asylum applications; notes that this would need to be complemented by a system to ensure a more equitable sharing of responsibility once applications are processed;
Amendment 118 #
2012/2032(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Calls on the Commission to submit as soon as possible a legislative proposal for the establishment of a permanent and effective intra-EU Relocation Mechanism for beneficiaries of international protection and asylum-seekers present in Member States which are facing specific and disproportionate pressures on their national asylum systems, in particular due to their geographic location or their demographic situation;
Amendment 123 #
2012/2032(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to include strong procedural safeguards and clear criteria in its proposal for a permanent EU relocation scheme, in order to guarantee potential beneficiaries’ best interests and relieve migratory pressure in the Member States particularly exposed to migration flows; Rrecommends involving the host community, civil society and local authorities from the outset in relocation initiatives;
Amendment 131 #
2012/2032(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Notes that the Commission has indicated that it will always consider activating the mechanism of the Temporary Protection Directive when the appropriate conditions are met, in particular in the event of a mass influx or imminent mass influx of displaced persons unable to return to their country of origin in safe and durable conditions; calls on the Commission to make it possible for this Directive to be activated even in cases where the relevant influx constitutes a mass influx for at least one Member State and not only when it constitutes a mass influx for the EU as a whole;
Amendment 47 #
2012/0146(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) One of the objectives of this Regulation is to remove existing barriers to the cross-border use of electronic identification means used in the Member States to access at least public services. This Regulation does not aim at intervening on electronic identity management systems and related infrastructures established in the Member States. The aim of this Regulation is to ensure that for the access to cross-border online services offered by the Member States, secure electronic identification and authentication is possiblefit for purpose and consistent with the types of service to be accessed.
Amendment 60 #
2012/0146(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules for electronic identification and electronic trust services for electronic transactions with a view to ensuring the proper functioning of the internal market and protecting citizens’ security, thereby increasing consumer and business confidence in the digital economy.
Amendment 74 #
2012/0146(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. When an electronic identification using an electronic identification means and authentication is required under national legislation or administrative practice to access a service online, any electronic identification means issued in another Member State falling under a scheme included in the list published by the Commission pursuant to the procedure referred to in Article 7 shall be recognised and accepted for the purposes of accessing this service. Such means must be fit for purpose and consistent with the type of service to be accessed.
Amendment 79 #
2012/0146(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall cooperate in order to ensure the interoperability and technological neutrality of electronic identification means falling under a notified scheme and to enhance their security.
Amendment 59 #
2012/0036(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) The practice of using confiscated assets for social purposes fosters and sustains the dissemination of a culture of legality, assistance to crime victims and action against organised crime, hence creating ‘virtuous’ mechanisms, which may also be implemented through non-governmental organisations, that benefit society and the socio-economic development of an area, using objective criteria.
Amendment 124 #
2012/0036(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b – introductory part
Article 6 – paragraph 2 – point b – introductory part
(b) the proceeds or property were transferred for free or in exchange for an amount lower than their market value when, this without prejudice to the principle of the good faith of the third party: concerned.
Amendment 162 #
2012/0036(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Use of confiscated assets for social purposes The Member States shall take direct steps to promote the use for social purposes of criminal assets, instrumentalities and proceeds. Such resources may be made available to public bodies to enable activities promoting legality and assistance to victims to be launched – including through non-governmental organisations – using objective criteria, and also to police forces and the judicial authorities in order to combat crime as referred to in Article 2(6).
Amendment 164 #
2012/0036(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Management of frozen and confiscated property
Amendment 166 #
2012/0036(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Each Member State shall take the necessary measures, such as the establishment of national centralised offices or equivalent mechanisms, to ensure the adequate management of property frozen with a view tof possible later confiscation, and shall provide for the possibility of confiscated property being used for social purposes.
Amendment 172 #
2012/0036(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Each Member State may introduce a revolving fund for financing measures aimed at safeguarding property between the time it is frozen and the time it is confiscated, in order to ensure its integrity against any acts of vandalism or acts that may render it less immediately available.
Amendment 361 #
2012/0011(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The protection afforded by this Regulation concerns natural persons, whatever their nationality or place of residence, in relation to the processing of personal data. With regard to the processing of data which concern legal persons and in particular undertakings established aenterprises, pursuant to Article 4(15) of this lRegal persulations, including the name and the form of the legal person and the contact details of the legal person, the protection of this Regulation should not be claimed by any person. This should also apply where the name of the legal personenterprise contains the names of one or more natural persons.
Amendment 443 #
2012/0011(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 660 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies – without any discrimination over the methods used – to the processing of personal data wholly or partly by automated means, and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.
Amendment 827 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) adequate, relevant, and limited to the minimum necessary in relationproportionate to the purposes for which they are processed; they shall only be processed if, and as long as, the purposes could not be fulfilled by processing information that does not involve personal data;
Amendment 866 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) processing is necessary for compliance with a legal obligation to which the controller is subject, including activities carried out for security reasons or to prevent and detect criminal offences;
Amendment 883 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) processing is necessary for the purposes of the legitimate interests pursued by a controller, processor or third party to whom the data are disclosed but which are not to be disseminated, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 890 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) the data are collected from public registers lists or documents accessible by everyone;
Amendment 988 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 1176 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Where personal data relating to a data subject are collected, the controller shall provide the data subject with at least the following information:. The following paragraphs do not apply to small enterprises in the course of their own activity and for data which is strictly and exclusively for their internal use.
Amendment 1180 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) the identity and the contact details of the controller and, if any, of the controller's representative and of the data protection officer;
Amendment 1189 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the purposes of the processing for which the personal data are intended, including the contract terms and general conditions where the processing is based on point (b) of Article 6(1) and the legitimate interests pursued by the controller where the processing is based on point (f) of Article 6(1);
Amendment 1311 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
(d) if known the period for which the personal data will be stored;
Amendment 1445 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point d a (new)
Article 17 – paragraph 3 – point d a (new)
(da) for the prevention or detection of criminal offences, in particular identity fraud against the data subject and financial crimes;
Amendment 1662 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The controller shall adopt policies and implement appropriate measures to ensure and be able to demonstrate that the processing of personal data is performed in compliance with this Regulation. Those measures shall be proportionate to the size of the controller, the nature of the data being processed and the impact of such processing on the data subjects.
Amendment 1688 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 2779 #
2012/0011(COD)
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
Amendment 2789 #
2012/0011(COD)
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
Amendment 346 #
2012/0010(COD)
Proposal for a directive
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(da) for the prevention and detection of criminal offences.
Amendment 461 #
2012/0010(COD)
Proposal for a directive
Article 16 – paragraph 3 – point b
Article 16 – paragraph 3 – point b
(b) the personal data have to be maintained for purposes of proof or of preventing or detecting criminal offences;
Amendment 1 #
2011/2157(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers it essential that the EU fulfilacilitate, through its revised neighbourhood policy, the aspirations of those who fought for democracy and human rights, including the right to mobilitydemocratic transition process in its neighbouring countries, by supporting political, social and economic reforms aimed at establishing and consolidating social progress and equality in order to meet the needs and expectations of the inhabitants of those countries;
Amendment 9 #
2011/2157(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates that the EU’s neighbourhood policy is based on the values of democracy, the rule of law, respect for human rights and fundamental freedoms, and on women's rights, the market economy and sustainable development;
Amendment 47 #
2011/2157(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to favour the channelling of EU funds to projects aimed at protecting migrants’ rightviding accurate information on migrants’ rights and responsibilities;
Amendment 60 #
2011/2157(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that the review of the neighbourhood policy must facilitate the conclusion of agreements with third countries aimed at regulating migratory flows and stemming illegal migration and the readmission of third country nationals who did not satisfy the requirements for entry to, or presence or residence in, the territory of the Member States;
Amendment 63 #
2011/2157(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Council to urgently address the refugee crisis by conducting an enquiry into the shipwrecks of boat people, providing the EP with a detailed report on the Frontex Hermes operation, condemning the agreement concluded between the Italian authorities and the Transitional National Council of Libya, providing support to Egypt, Tunisia, Turkey and Lebanon, in particular by exploring the possibility of setting up a humanitarian corridor, and unblocking without delay the negotiations on the Joint EU Resettlement Programme;
Amendment 1 #
2011/2087(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for transparency and accountability in the governing structures of sport; calls on Sport Governing Bodies (SGBs) to adopt a zero-tolerance policy on corruption, adopt ethical codes based on moral integrity and the genuine concern for fair competition, to create independent teams for internal investigation and to establish close cooperation with law enforcement agencies;
Amendment 4 #
2011/2087(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that match-fixing, as well as illegal betting and fake sponsorship for the purposes of tax evasion, is a growing phenomenon in Europe and is an ‘attractive’a typical form of crime with high revenues and low sentences, often accompanied by organised crimethe activity of specialist criminal organisations related to money laundering, drug trafficking and human trafficking;
Amendment 11 #
2011/2087(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the fight against doping should be in full compliance with EU law; calls on the World Anti-Doping Agency to create an accurate and easy-to-use whereabouts administration system in line with EU law; stresses the need for statistics; notes the importance of punishing the use of doping rather than missed tests; calls on the sports community to promote a sporting mentality associated with mental and physical wellbeing and not solely geared to performance, which in certain cases may lead to serious forms of dependency on drugs and performance-enhancing substances;
Amendment 14 #
2011/2087(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out that physical activity is essential for a healthy and appropriate lifestyle and should be accompanied by a balanced diet; in addition, sport is a valuable means of combating marginalisation and social exclusion;
Amendment 196 #
2011/2069(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses the importance of protecting national minorities and the rights and freedoms of their members, as laid down in the Council of Europe Framework Convention for the Protection of National Minorities;
Amendment 11 #
2011/2048(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. stresses that in a context of increased international competition, European undertakings stand out through their capacity for innovation, the high technology they develop and the quality of the social and environmental standards they apply; calls for the Commission to encourage the recognition within the GPA of criteria in addition to price in the award of public procurement contracts, in particular as regards the ability to improve safety at work; considers that better rules on public procurement would make for the creation of more high- quality jobs, support for European industrial policy and the promotion of sustainable environmental and social development;
Amendment 20 #
2011/2048(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. asks the Commission to secure the inclusion in the GPA of a clause allowing the EU to give preference to European producers, especially SMEs, in the award of certain public procurement contracts along the lines of such clauses already applied by other States Parties to that agreement, but without prejudice to the general principle of a level playing field;
Amendment 23 #
2011/2048(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. believes that the rules governing public procurement procedures need to be simplified so as to improve access for SMEs; hopes also that the administrative procedure will be simplified through the use of information technologies, especially in the form of online open tendering procedures;
Amendment 26 #
2011/2048(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. considers it essential to have a clear picture of the foreign undertakings operating on European soil, especially when their activities enjoy strong State support from abroad; is concerned about the possible circumvention of internal market rules by foreign undertakings establishing a subsidiary in the EU or acquiring European undertakings; therefore calls for the Commission to set up a body responsible for conducting advance reviews of foreign investments along the lines of the CFIUS in the US;
Amendment 32 #
2011/2048(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. considers that the European market cannot, on a unilateral basis, be open to third-country operators and calls for the Commission to establish an effective tool to introduce greaterncourage compliance with the principle of reciprocity vis-à-visby States which do not provide equivalent access to European operators.
Amendment 35 #
2011/2048(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. considers that where offences have been committed by the Mafia or other organised criminals, conviction by a judgment having the force of res judicata in one Member State should constitute grounds for excluding the European or non-European firms implicated from open tendering procedures in all EU Member States.
Amendment 52 #
2011/2025(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the importance of a coherent approach – at EU and Member State level – regarding internal security initiatives with specific reference to terrorism, organised crime, data management and respect for human rights;
Amendment 115 #
2011/2025(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on all the authorities responsible to ensure that instruments to counter the inappropriate use of personal data are directly and easily applicable, thereby guaranteeing respect for individual privacy;
Amendment 43 #
2011/2024(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that compensation measures, which allow competent authorities to impose an aptitude test or an adaptation period of up to three years and play an invaluable role in ensuring consumer and patient safety, can be applied in a disproportionate manner; calls for enhanced transparency of decision-making for professionals and an evaluation of the Code of Conduct to assist competent authoritiesthe protocols concerning recognition procedures for professionals once the specific nature of the individual professions has been evaluated;
Amendment 71 #
2011/2024(INI)
Motion for a resolution
Paragraph 8 bis (new)
Paragraph 8 bis (new)
8a. Underlines, however, the importance of ensuring that the intellectual professions continue to be regulated, also in order to increase consumer protection;
Amendment 1042 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 2 a (new)
Article 55 – paragraph 1 – subparagraph 2 a (new)
Where they arise in the course of the procedure to select the contractor, these exclusion grounds shall likewise serve to exclude the company concerned from the contract award procedure.
Amendment 1044 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Any economic operator shall be excluded from participation in a public contract where the contracting authority is aware of a decision having the force of res judicata establishing that it has not fulfilled obligations relating to the payment of taxes or social security contributions in accordance with the legal provisions of the country in which it is established or with those of the Member State of the contracting authority.
Amendment 1076 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 1
Article 55 – paragraph 4 – subparagraph 1
1. Any candidate or tenderer that is in one of the situations referred to in paragraphs 1, 2 and 3 may provide the contracting authority with documentary evidence demonstrating its reliability despite the existence of the relevant ground for exclusion.
Amendment 256 #
2011/0427(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The exchange of information and cooperation with neighbouring third countries on preventing irregular migration and cross-border crime mayshall take place on the basis of bilateral or multilateral agreements between one or several Member Statesthe Union and one or several neighbouringof the third countries concerned. The national coordination centres of the Member States, in accordance with the principles of responsibility and solidarity, and without prejudice to the option Member States have of concluding bilateral agreements with third countries. The Agency shall be the contact point for the exchange of information between the network referred to in Article 7 and the regional networks with neighbouring third countries.
Amendment 515 #
2011/0380(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 18 a (new)
Article 3 – paragraph 2 – point 18 a (new)
(18a) ‘Fishing tourism’ means the activity carried out by professional fishermen whereby persons who are not crew members board fishing vessels as tourists or researchers, and are also served food and drink;
Amendment 548 #
2011/0380(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) promoting a balanced and inclusive territorial development of fisheries areas and the socio-economic sustainability of the fishing and aquaculture activities carried out within them;
Amendment 581 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 1 – point a a (new)
Article 6 – paragraph 1 – point 1 – point a a (new)
(aa) promotion of the transfer between generations and support for young fishermen;
Amendment 623 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 2 – point c
Article 6 – paragraph 1 – point 2 – point c
(c) development of new professional skills and lifelong learning in the fields of fisheries and aquaculture, in particular for young operators;
Amendment 743 #
2011/0380(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
(a) the identification of the period of time during which applications are inadmissible referred to in paragraphs 1 and 2 which shall be proportionate to the seriousness or to the repetition of the infringement or non- compliance;
Amendment 1068 #
2011/0380(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31a Encouraging young people to take up careers in fishing The EMFF should encourage young people to take up careers in fishing through vocational training activities and financial aid to young fishermen planning to purchase their first fishing vessel.
Amendment 1157 #
2011/0380(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32a Making aid for scrapping vessels conditional Ensure that aid from the EMFF can genuinely sustain the transition to sustainable fishing, by making aid granted for the scrapping of vessels conditional on the creation of an equivalent number of jobs in the fishing communities to which they belong.
Amendment 1170 #
2011/0380(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In order to improve working conditions on board for fishermenthe safety, health and living conditions of vessels, the EMFF may support investments on board or in individual equipments providing that these investments go beyond standards required under national or Union law.
Amendment 1192 #
2011/0380(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Amendment 1197 #
2011/0380(COD)
Proposal for a regulation
Article 33 b (new)
Article 33 b (new)
Article 33b Support for the reduction of fishing effort The EMFF shall contribute to funding the temporary cessation of fishing activities with the aim of safeguarding fish stocks.
Amendment 1792 #
2011/0380(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point d a (new)
Article 57 – paragraph 1 – point d a (new)
(d a) Severe damage to facilities caused by wild animals.
Amendment 52 #
2011/0369(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Whereas the Drug prevention and information programme was based on a public health legal basis and therefore covered health considerations, notably the reduction of health harms associated with drug use, the Justice programme should approach anti-drugs policy via the angle of crime prevention through projects to provide education in living within the law, with a view to combating the involvement of very young people in particular in illegal activities. Illicit drug trafficking and other illegal activities related to drugs should be the main focus of drug-related funding under the new programme.
Amendment 78 #
2011/0369(COD)
Proposal for a regulation
Article 2 – point b
Article 2 – point b
b) ‘members of the judiciary and judicial staff' means judges, prosecutors, advocates, solicitors, notaries, court officers, civil and commercial mediators, bailiffs, court interpreters and other professionals associated with the judiciary.
Amendment 87 #
2011/0369(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – subparagraph 2
Article 5 – paragraph 1 – point c – subparagraph 2
The indicator to measure the achievement of this objective shall be, inter alia, the number of cases of trans-border cooperation the quantitative and qualitative nature of the data gathered at national and European level on illegal trafficking and illegal activities relating to drugs, including the number of persons or organisations convicted of trafficking and drug-related activities.
Amendment 107 #
2011/0369(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory wording
Article 7 – paragraph 1 – introductory wording
1. Access to the Programme shall be open to all non-governmental organisations established and registered in the Union and all public and/or private bodies and entities legally established in:
Amendment 113 #
2011/0369(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission, in cooperation with the Member States, shall ensure overall consistency, complementarity and synergies with other Union instruments, inter alia, with the Rights and Citizenship Programme, the Instrument for financial support for police cooperation, crime prevention and the fight against cross- border, serious and organised crime, the Health for Growth Programme, the Erasmus for all Programme, the Horizon 2020 Framework Programme and the Instrument for Pre-accession Assistance, including with the activities of the agencies involved in the programme.
Amendment 164 #
2011/0344(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Access to the Programme shall be open to all non-governmental organisations established and registered in the EU and to all public and/or private bodies and entities legally established in:
Amendment 179 #
2011/0339(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The Commission shall, in cooperation with the Member States, ensure overall consistency and complementarity between the Programme and other policies, instruments and actions of the Union and the activities of agencies whose remit is covered by the Programme.
Amendment 911 #
2011/0294(COD)
to add the port of Augusta to the core network
Amendment 916 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 19/33
Annex I – Volume 19/33
to add the airport of Catania to the core network
Amendment 919 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 19/33
Annex I – Volume 19/33
to add the passenger railway connection Siracusa-Gela-Agrigento-Caltanissetta to the comprehensive network
Amendment 34 #
2011/0060(CNS)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) A multilingual information tool should be established in order to make information more readily accessible to the persons concerned and encourage an exchange of good practice among legal practitioners.
Amendment 35 #
2011/0060(CNS)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The law applicable to the property consequences of registered partnerships is the law of the State in which the partnership was registered, unless an agreement concluded between the partners as private persons provides otherwise.
Amendment 36 #
2011/0060(CNS)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. A decision given in a Member State shall be recognised in the other Member States without any special procedure being required. The recognition of such decisions shall not, however, imply that Member States recognise registered partnerships as a legal institution in their own law.
Amendment 37 #
2011/0060(CNS)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32a Dealings between private persons Nothing in this Regulation shall prevent two persons who are neither married nor partners in a registered partnership from regulating the property consequences of their cohabitation, or the cessation thereof, on a private-law basis relevant solely to themselves.
Amendment 38 #
2011/0060(CNS)
Proposal for a regulation
Article 32 b (new)
Article 32 b (new)
Article 32b Implications as regards family law This Regulation shall not mean that, in States where the institution of registered partnership is not recognised, that institution is covered by family law.
Amendment 1957 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In the case of a personal data breach, the controller shall without undue delay and, where relating to special categories of personal data, personal data which are subject to profeassible, not later than 24 hours after having become aware of it, notify theonal secrecy, personal data relating to criminal offences or to the suspicion of a criminal act or personal data breach to the supervisory authority. The notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hourslating to bank or credit card accounts, which seriously threaten the rights or legitimate interests of the data subject, the controller shall without undue delay notify the personal data breach to the supervisory authority.
Amendment 76 #
2010/2311(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Whereas the Stockholm Programme identifies two threats to internal security – international terrorism and organised crime – which, in many cases, operate in the same areas of activity, such as arms and drugs trafficking for example,
Amendment 80 #
2010/2311(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly welcomes the Commission Communication; regrets, however, that the scope is rather narrow, limited to the implementation of agreed policy measures, and not national counter- terrorism policies or national measures that transpose policies agreed at European or international levelstresses the importance of a consistent approach, at EU and Member State level, for initiatives adopted in the field of internal security, with particular reference to terrorism, organised crime, data management and respect for human rights;
Amendment 108 #
2010/2311(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Urges the Commission and the Council to provide for measures to seize, confiscate or freeze assets and funds linked to natural or legal persons and organisations involved or implicated in terrorist acts, in accordance with Article 75 of the TFEU;
Amendment 109 #
2010/2311(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Regards the internet, and information and communications technology in general, as essential resources when it comes to taking preventive measures to protect the public, prosecuting terrorists and responding effectively to possible terrorist attacks;
Amendment 168 #
2010/2311(INI)
Motion for a resolution
Paragraph 11 – point b
Paragraph 11 – point b
Amendment 1 #
2010/2309(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA,
Amendment 8 #
2010/2309(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the annual reports of the European Monitoring Centre for Drugs and Drug Addiction on the state of the drugs problem in Europe,
Amendment 17 #
2010/2309(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to the report from the Commission to the European Parliament and to the Council based on Article 8 of Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime (COM(201)176),
Amendment 78 #
2010/2309(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is convinced that organised crime is one of the key threats to the internal security of the EU; considers that, although organised crime and terrorism are often intertwingely connected with each other within illicit networks, it should be treated separately from terrorism, , and calls for a specific, horizontal EU strategy on the issue, including legislative and operational measures, the allocation of funds and a strict implementation timetable;
Amendment 82 #
2010/2309(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States to clarify their political will to combat organised crime, first and foremost by strengtheningby comparing – constructively – the legislation and resources designed to support the activities of their judicial authorities and police forces based on the best current experience and by assigning adequate human and financial resources for that purpose;
Amendment 88 #
2010/2309(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for all measures to counter organised crime to respect fundamental rights in full and be proportionate to achieving their objective in a democratic society, without restricting the freedom of the individual, which is constitutionally recognised in the laws of the Member States;
Amendment 95 #
2010/2309(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is aware that organised crime cannot proliferate without the aid, the complicity, or even the mere indifference of the political world, and eExpresses deep concern about the evidently increasing interpenetration of organised crime and politics, involving the creation of a so- called grey area which is seriously jeopardising the credibility and true democratic nature of the institutions; expresses equal concern over the proven ability of organised crime to infiltrate the nerve centres of general government and the economic and financial fabricattempts by organised crime to infiltrate the sectors of politics, government and finance;
Amendment 96 #
2010/2309(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the adoption of Directive 2011/36/EU on preventing and combating trafficking in human beings, a phenomenon often related to the activities of organised crime in the form of the exploitation of prostitution and labour, the removal of organs and enslavement;
Amendment 102 #
2010/2309(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes, in particular, therefore, the growing commitment shown by Member States to taking ever more effective measures to combat national and international organised crime; in this connection, welcomes the recent legislative measures taken by some Member States (including Italy) to introduce tough penalties for organised crime, including for example: (a) legal codes aimed at recognition, harmonisation and alignment with Union standards of national provisions to combat organised crime with regard to anti-Mafia prevention and certification, (b) introduction of laws to ensure the traceability of financial flows for procedures related to public works and supply contracts; (c) laws designed to punish the obstruction of administrative selection procedures for the award of contracts by public authorities (e.g. by introducing the offence of ‘obstruction of tendering procedures’); (d) substantive and procedural rules to improve the protection given to those who cooperate with the judicial process (e.g. allowing the use of remote court hearings); (e) provisions to introduce stiffer penalties for the offence of ‘Mafia-like association’ and widening the scope of this offence to include ‘foreign associations’; (f) rules to provide financial and career incentives for judges who work in so- called ‘frontier areas’ (where organised crime is more rife); (g) introduction of stricter prevention measures (especially confiscation of assets), with wider scope (including, for example, cases involving convictions or plea-bargaining in connection with the offences of extortion, money laundering or association for the purpose of drug- trafficking); (h) measures to coordinate existing national currency regulations, bringing them into line with Regulation (EC) No 1889/2005 on controls of cash entering or leaving the Community, incorporating Directive 2005/60/EC;
Amendment 105 #
2010/2309(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is dissatisfied with the extremely limitedWishes to see an ever-increasing impact on the legislative systems of the Member States of Framework Decision 2008/841/JHA on organised crime, which has not made any significantheralding a further improvement to national laws or to operational cooperation to counter organised crime; stresses, therefore, the need to review and strengthen the legislative framework and calls on the Commission to submit, by the end of 20123, a proposal for a directive which contains a less general definition of organised crime and manages better to identify the key features of the phenomenon, with due regard, however, for the different and specific characteristics of the various national legal systems; requests that, as regards the offence of membership of a criminal organisation, whilst showing due respect for different legislative systems, the abolition of the current dual approach (which criminalises both membership and conspiracy) be proposed and a range of habitual offences committed by organised crime be identified, which, regardless of the maximum sentence permitted intypical behaviours which, in the legal system of the Member States, could be deemed to constitute such a criminal offence;
Amendment 116 #
2010/2309(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to submit, as soon as possible, an organic proposal for a directive on the confiscation of assets and the proceeds of crime, accepting and supporting the urgent need package of measures designed to protect the legal economy, as already provided for in the Commission’s 2011 Work Programme; in this connection, calls for a new and uniform European legislation on the re-use of crime proceal framework to be drawn up for the confiscation and recovery of assets deriveds for social purposes, so that the capital of criminal organisations or their associates can be re-injected into legal, clean, transparent and virtuous economic circuitrom crime; stresses in particular, the need to introduce preventive sanctions and endorses the value of re-using assets and proceeds from criminal activities for social purposes;
Amendment 124 #
2010/2309(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the importance of providing appropriate protection for theprimary and secondary victims of organised crime, witnesses, informers and their families and calls on the Commission to submit, as soon as possible, a legislative proposal on this issue, the subject of which should be not only victims and their families but also witnesses and informers; calls for all types of victim to be treated equally (in particular the victims of organised crime, of duty and of terrorism) and for the protection of court witnesses to be extended over and beyond the duration of the court proceedings; proposes establishing a European fund for the protection of victims and court witnesses;
Amendment 125 #
2010/2309(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the importance of providing appropriate protection for the victims of organised crime, witnesses, informers and their families and calls on the Commission to submit, as soon as possible, a legislative proposal on this issue, the subject of which should be not only victims and their families but also witnesses and informers; calls for all types of victim to be treated equally (in particular the victims of organised crime, of duty and of terrorism) and for the protection of court witnesses to be extended over and beyond the duration of the court proceedings; proposes establishing a European fund for the protection of victims and court witnesses; in this connection, welcomes the adoption by some Member States of legislative provisions designed to improve the protection of witnesses and informers in cases related to organised crime, for example through the introduction of remote court hearings, legal appeals against measures to amend or revoke special protection measures for informers, and the exclusion of protection programmes from automatic suspension;
Amendment 128 #
2010/2309(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that minors need special attention, treatment, protection, assistance and guidance when he or she is a victim of organised crime
Amendment 133 #
2010/2309(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to draw up a proposal for a directive to make the offence of Mafia association aensure that all forms of organised crime are punishable crime in all Member States, in order to be able to punish criminal organisations which profit from their very existence, through their ability to intimidate – even without any specific acts of violence or threats – with the aim of securing the management or control, either directly or indirectly, of businesses, concessions, authorisations, contracts and public services, or of making, for themselves or others, unfair profits or gaining unjust advantages, or of preventing or impeding the free exercise of voting rights or securing votes for themselves or others in electionsinfluencing the running of the economy, general government, public services and the electoral system;
Amendment 143 #
2010/2309(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Intends to set up, within three months of the adoption of this resolution, a special committee on the dissemination of Mafia- style criminal organisations, both from Italy and elsewhere, which operate across borders; one of its aims will be to investigate the extent of the phenomenon and the negative social and economic impact it has throughout the EU, including the issue of the misappropriation of public funds by Mafia-style criminal organisations and their infiltration into politics and general governmentthe public sector; another aim will be to identify a range of legislative measures in order to address this tangible and acknowledged threat to the EU and its citizens; calls, therefore, on the Conference of Presidents to put forward a proposal under Rule 184 of the Rules of Procedure;
Amendment 157 #
2010/2309(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates its firm support for the implementation of Article 86 of the Treaty on the Functioning of the European Union concerning the establishment of a European Public Prosecutor’s Office and calls on the Commission to arrange, as soon as possible, an impact assessment on the added value of this institution, considering as bethe possibility of extending within its scope boths remit (which covers the protection of the EU’s financial interests and) to include the combating of serious cross-border organised crime, as provided for under Article 86(4) of the Treaty on the Functioning of the European Union; reiterates its request that the Commission immediately launch debates and consultations with the parties concerned, including civil society, on the establishment of the European Public Prosecutor’s Office and make all the necessary arrangements to set up the appropriate institutional infrastructure, giving Eurojust full powers and consolidating, clarifying and simplifying its relations with key players such as the European Judicial Network, OLAF and Europol and with individual national judicial and administrative institutions;
Amendment 171 #
2010/2309(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recognises that judicial cooperation between Member States is one of the pillars for combating transnational organised crime and for establishing a common area of security and justice, and calls on the Member States to honour their commitments and immediately to incorporate into their legislation all the judicial cooperation instruments that already exist at EU level, in particular the 2000 Convention on Mutual Assistance in Criminal Matters and the Framework Decision on joint investigation teams;
Amendment 173 #
2010/2309(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Is in favour of closer cooperation between Member States on recognition and proper execution of seizure and confiscation orders, which are effective means of combating organised crime and attacking the assets generated by such crime;
Amendment 186 #
2010/2309(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses the importance of promoting a culture of legality and increasing awareness and knowledge of the issue among citizens and, in general, public opinion; highlights, in this regard, the fundamental role of a frethe press, that is free from all outside influences and can thus investigate and publicise the links between organised crime and vested interests, first and foremost those of politics; expresses serious concern over all measures taken by Member States which tend to reduce press freedom or subject it to any form of controle pursuit of whose activities must be guaranteed with due respect for the fundamental right to personal dignity, honour and privacy;
Amendment 192 #
2010/2309(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises the vital importance of public sector transparency in the fight against organised crime and calls on the Commission to take action to lay down the necessary rules and ensure that the use of EU funds is fully traceable and monitored both by the competent institutions and the citizens and press; calls for this information to be promptly made available on the internet; calls on the Member States to adopt similar measures to make all transactions using public funds transparent, with particular reference to local authorities, which are more liable to infiltration by organised crime; welcomes, accordingly, the legal provisions recently introduced by some Member States with a view to ensuring the traceability of financial flows in connection with public works, service and supply contracts and to taking criminal action against anyone who interferes with administrative procedures for the award of public contracts;
Amendment 198 #
2010/2309(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for, with all due respect for fundamental rights, stricter sentencethe introduction of an appropriate system of penalties and suitable detention provisions for offences relating to organised crime and harsher prison conditions, both to discourage the commission of offences and to prevent prisoners from continuing to lead organisations during their sentences or from helping them to achieve their aims by committing further crimes; looks favourably, therefore, on the legal provisions establishing harsher penalties for the offence of mafia association that some Member States introduced very recently;
Amendment 207 #
2010/2309(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is convinced of the intrinsic link between organised crime and corruption and emphatically reiterates the request it expressed when adopting Written Declaration 02/10, both with reference to the creation of a mechanism to assess and monitor the policies of the 27 Member States in combating corruption and with regard to the framing of a comprehensive anti-corruption policy by the EU institutions; stresses the need for a proactive approach to combating corruption and calls on the Commission to place emphasis on measures to counter politicalublic-sector corruption, that of the civil service,including that of the courts, the police and customs officers, in addition to private -sector corruption; considers it, moreover, a priority to develop effective measures to combat corruption in the neighbourhood policy and in the use of development aid funds;
Amendment 213 #
2010/2309(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Undertakes to lay down rules to ensure that those who have been convicted of membership of criminal organisations or who have committed offences relating to such organisations, including aiding and abetting, or of corruption offences,, by a judgment which has the force of res judicata, of membership of criminal organisations or of corruption offences connected with the activities of such organisations will be unable to stand for election to the European Parliament; calls on European political groups to draw up internal codes of ethics to prevent those who have been convicted, even if not n-definitively, of such offences from standing for election; calls on the Member States to lay down similar rules for national and local elections and on the national parties to draw up codes of conduct to prevent those who have been convicted, even if not definitively, of the above-mentioned offences from standing for election;
Amendment 222 #
2010/2309(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the European institutions to send out a clear message at EU level and to assert their political influence internationally with a view to curbing forms of money laundering through the use of the financial markets, in particular by: drawing up better capital control rules; encouraging a reduction of the pervasiveness of the financial markets (using tools such as the taxation of investment income and the introduction of a tax on international financial transactions); imposing increased transparency on the use of public funds, first and foremost on those to support private sector development, and carrying out a serious and effective offensive against tax havens by imposing country- by-country financial reporting on all multinational economic operators; promoting a multilateral agreement on the exchange of tax-related information whilst revising the definition of ‘tax haven’ and the list of these secret jurisdictionsrules to control both those markets and capital (including capital transfers to non-EU countries); imposing increased transparency on the use of public funds, first and foremost on those to support private sector development;
Amendment 225 #
2010/2309(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses that organised crime uses communication and information technologies for illegal purposes, to commit offences involving identity theft, cybercrime, illegal gambling and rigged sports events; calls, in this connection, for the development of a coherent European legislative framework;
Amendment 229 #
2010/2309(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission carefully to monitor the transposition by the Member States of the EU directive on the protection of the environment through criminal law, to ensure that it is done promptly and effectively; requests that clarification be given by the EU institutions, to avoid problems of interpretation in the courts of the Member States, as to the civil liability of legal persons provided for in Directive 2008/99/EC; calls on the Commission to submit a proposal to extend to the EU Italy’s positive experience with the offence of ‘organised illegal waste trafficking’, as provided for in Article 260 of Legislative Decree 152/06calls on the Commission to submit a proposal to extend to the EU Italy’s positive experience with the offence of ‘organised illegal waste trafficking’, as provided for in Article 260 of Legislative Decree 152/06, bearing in mind that, in order to afford increased protection, under Article 11 of the recently enacted Act No 136/2011 such trafficking is now classed as an offence with a major social impact (and thus dealt with by the District Anti-Mafia Bureau);
Amendment 237 #
2010/2309(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Urges the Member States and the EU institutions to give due consideration to the fact that organised crime is continuing to further its own activities and interests, including by means of drug trafficking, and endeavouring to extend the global market in illegal drugs to new markets and new substances;
Amendment 26 #
2010/2308(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note of the progress made by the Member States and the Commission in the context of the EU policy cycle with a view to implementing the general strategic objectives through actions based on intergovernmental cooperation at operational level; believes, however, that a clear division of tasks between the EU and national levels is necessary, that Parliament needs to be part of the process and that an in-depth assessment of the policy cycle should be undertaken in 2013; considers likewise the necessity to provide appropriate financial resources in the 2014-2020 multiannual framework for the implementation of such a Strategy through the respective fund;
Amendment 35 #
2010/2308(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that the ISS should focus more closely on the indivisible link between the internal and external dimensions of security, and that, in both of these dimensions, EU institutions and agencies active in the JHA field should perform their tasks in full compliance with EU law; calls on the Commission and the Member States also to assess the impact of the ISS on the EU External Security Strategy, including with regard to fundamental rights obligations; hopes, within such a context, for a strengthening of the agreements on judicial cooperation with third countries;
Amendment 51 #
2010/2308(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that further priority should be given to the fight against environmental, economic and corporate crime, impact of which is particularlyConsiders that it is of utmost importance to combat, in a most decided manner, typical environment-related crimes, the distorsion of the economic system for unlawful ends, and entrepreneurial and corporate conduct whose impact is detrimental to the living conditions of EU citizens, especially in times of crisis;
Amendment 1 #
2010/2294(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Lisbon Treaty introduced a new constitutional framework of EU institutional transparency, with a view to an open, efficient and independent European administration (Article 298 TFEU), by establishing a firm fundamental right of access to documents of EU institutions, bodies, offices and agencies; this right is afforded by the Treaty not only to EU citizens but also to any natural or legal person residing in a Member State and should nevertheless be exercised in compliance with the general principles and limits (set with a view to protecting certain public or private interests) laid down by the regulations adopted by the European Parliament and the Council (Article 15 TFEU),
Amendment 3 #
2010/2294(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the new Treaties deleted any reference to ‘the preservation of the effectiveness of the decision-making process’ (Articles 255 and 207(3) of the former TEC) as a possible limit to transparency, thereby deleting a Treaty basis for the so-called ‘space to think’ of Article 4(3) of Regulation (EC) No 1049/2001, which allows access to be refused to a document relating to a matter where the decision has not yet been taken by the institution, if this 'would seriously undermine the institution's decision- making process', unless access is justified by 'an overriding public interest in disclosure',
Amendment 5 #
2010/2294(INI)
Motion for a resolution
Recital D
Recital D
D. whereas transparency is an essential part of a participatory democracy, being complementary to representative democracy on which the functioning of the Union is based, as explicitly stated in Articles 9-11 TEU, allowing the citizen to participate incitizens (who must, however, act within the appropriate channels established by the institutions) to be informed of the individual acts and activities included in the decision-making process and to exercise public scrutiny and, thus ensuring the legitimacy of a democratic political system,
Amendment 10 #
2010/2294(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the current Regulation (EC) No 1049/2001 does not provide clear definitions ofspecify the cases in which Member States may exercise their right of veto on access to documents and describes in a general manner several important issues, such as Member States’ veto right, limitations of the ‘space to think’, clear and narrow definition of the exceptions,exceptions to the right to access, the classification of documents, and equilibriumbalancing criteria between transparency requirements and data protection,
Amendment 13 #
2010/2294(INI)
Motion for a resolution
Recital G
Recital G
G. whereas Article 15 TFEU and Article 412 of the Charter of Fundamental Rights introduce a broad notion of the term ‘document’ relating to information whatever its medium of storage,
Amendment 18 #
2010/2294(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that transparency is the general rule and with the Lisbon Treaty (and accordingly, with the acquisition of binding legal force for the EU Charter of Fundamental Rights) it became a legally binding fundamental right of the citizen, and that, therefore, any decisions denying access to documents must be based on clearly and strictly defined exceptions, reasonably explained and well-founded, allowingon legally standardised exceptions for which reasonable grounds exist and which are well-founded on the existence of specific, concrete requirements relating to the protection of public interest (such as public security) or private interest (such as the protection of an individual's private life) which, in the case at issue, clearly both override the right to access; this would allow the citizens to understand the denial and to effectively use the legal remedies available to them;
Amendment 30 #
2010/2294(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that Article 9 of Regulation (EC) No 1049/2001 on sensitive documents is a compromise that does not reflect any more the new constitutional and legal obligations after the Lisbon TreatyTakes the view, in terms of ensuring an ever increasing application of the right to access, that it is also necessary to specify the scope of the limitations laid down in Article 9 of Regulation (EC) No 1049/2001 on sensitive documents; this should be done with the awareness, however, that it is vital to lay down some specific limits in such matters in order to protect interests that may be at stake (since sensitive documents protect key interests of the Union or the Member States in sectors such as public security, defence and military issues) and that, in any case, it complies with the provisions of the Treaties (indeed, Article 17 TFEU accepts limits to the right of access in order to protect particular public interests);
Amendment 40 #
2010/2294(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Council to extend transparency to the working groups by providing for example minutes and lists of members; strongly opposes the current general practice of such groups, where the of not allowing public access to deliberations until the final decision are closed to the public, andis adopted, where, under the current regulations, a ban on access should be justified only if the disclosure of the internal document would seriously undermine the institution's decision-making process; opposes, furthermore, the use of ‘limited’ documents (a term not deriving from Regulation (EC) No 1049/2001) for this purpose; opposes as well, likewise, the practice of unregistered documents, such as room documents;
Amendment 44 #
2010/2294(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that transparency as required by the Treaties is not limited to legislative procedures but includes as well non- legislative work of EU institutions, bodies, offices and agencies, although – as stipulated by the Treaty itself (Article 15(6) TFEU) – specific institutions such as the Court of Justice, the European Central Bank and the European Investment Bank are subject to the provisions on transparency and right of access 'only when exercising their administrative tasks'; stresses that Regulation (EC) No 1049/2001 is the only proper legal act for assessing the right of access to documents, and that the exceptions to that right laid down therein are exhaustive; accordingly, other legal acts, such as the founding regulations of agencies, cannot introduce additional grounds for refusing access;
Amendment 54 #
2010/2294(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Emphasises the open-ended definition in the currentPoints out that the current Article 4(3) of Regulation (EC) No 1049/2001 seeks to limit the scope of the 'space to think' by stipulating that, as a prerequisite for refusal to grant access, disclosure of the document must not merely undermine the decision-making process, but must 'seriously' undermine it, and in any case allowing this limit to be overstepped where there is 'an overriding public interest in disclosure'; stresses however that in spite of the above-mentioned considerations, Article 4(3) of Regulation (EC) No 1049/2001, contains an open-ended definition which does not provide clear conditions for application or take into account the case-law of the Court of Justice; stresses the need for an appropriate definition in accordance with the concept of legal certainty by narrowing the concept;
Amendment 60 #
2010/2294(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Highlights the need to establish an appropriate equilibrium between transparency and data protection, as made clear by the Bavarian Lager case-law, andin the sense that measures adopted to ensure that personal data are protected must comply both with the regulations on the protection of individuals with regard to the processing of personal data and with the free movement of such data, in order to maintain a balance between the free movement of personal data and the protection of private life; stresses that data protection should not be ‘misused’, in particular, for the purpose of covering conflicts of interest and undue influence in the context of EU administration and decision-making; points out that the judgment of the Court of Justice in the Bavarian Lager case is based on the current wording of Regulation (EC) No 1049/2001 and does not prevent the legislature from establishing a new equilibrium;
Amendment 61 #
2010/2294(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the consensus reached by the European Data Protection Supervisor (EDPS) and the European Ombudsman on the appropriate balance between data protection and transparency, especially as regards the proactive approach meaning that ‘institutions assess and subsequently make clear to data subjects – before or at least at the moment they collect their data – the extent to which the processing of such data includes or might include its public disclosure’; this enables there to be a meeting point between the interest of individuals in protecting their privacy and the burdens placed on data processors with regard to the requirement to collect and retain personal data (see also in this regard the judgment of the Court of Justice 'College van burgemeester en wethouders van Rotterdam' of 7 May 2009);
Amendment 65 #
2010/2294(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses that transparency is closely connected with the right of good administration, as referred to in Article 298 TFEU and Article 41 of the Charter of Fundamental Rights (which stipulates, however, that right to access should be exercised while respecting the legitimate interests of confidentiality and of professional and business secrecy); highlights that administrative transparency guarantees democratic control of EU administrative tasks, the participation of civil society and the promotion of good governance (Article 15 TFEU);
Amendment 77 #
2010/2294(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Considers that specially trained officer posts should be created andposts should be created for specially trained officers, some of whom should also be charged with acting as 'procedure manager' when a request for access is received; considers, to that end, that proper training of officials should be provided in each DG or corresponding unit of the institutions to create the best possible proactive policy as well as to evaluate requests in the most efficient way;
Amendment 81 #
2010/2294(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Believes at the same time that transparency has to apply to the work of Parliament’s internal bodies (such as the Conference of Presidents, the Bureau and the Quaestors), as well as to MEPs’ activities, such as participation in parliamentary work and parliamentary attendance, and MEPs’ allowances and spending, in conformity with data protection rules and the position taken by the European Ombudsman differentiating between the databases for general expenditure, the pension scheme, parliamentary assistance expenses and travel and subsistence allowances;
Amendment 1 #
2010/2277(INI)
Draft opinion
Paragraph - 1 (new)
Paragraph - 1 (new)
-1. Stresses that the external dimension of the European strategy, which also includes international trade, is assuming growing importance due to the integration of markets and therefore that an appropriate external strategy can be genuinely useful with a view to sustainable growth, employment and a stronger single market for businesses, in line with the aims of the 2020 Strategy;
Amendment 2 #
2010/2277(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. AdvocatesStresses the need for coherence between the Union’s internal and external policies and its overall objectives, contributing to sustainable growth and employment in line with the EU 2020 strategy;and urges that such coherence be pursued in the context of multilateral organisations and bilateral trade agreements through ex ante sustainable impact assessments (SIAs) and periodic ex post evaluations, the inclusion in agreements of; suggests furthermore that clauses on human rights, social and environmental responsibility and corporate social responsibility (CSR) and their enforcement, with sanctions in the event of infringementights should increasingly be included in trade agreements and enforced;
Amendment 11 #
2010/2277(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates the fact that compliance with high standards is crucial to achieving social progress, consumer protection and sustainable economic growth and that, in order to allow EU companies to compete internationally on a level playing field, EU trading partners should abide by the rules and enforce them, as non-compliance is a form of dumpingviolation of international obligations which severely hinders the single market;
Amendment 22 #
2010/2277(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers it important to ensure market access, symmetry and transparency in public procurement procedures, as well as security and predictability in relation to investments; deplores the fact that, by increasing competitive pressure among countries to attract foreign investors, as well as competition between corporations, globalisation has resulted,stresses the numerous advantages of the strong process of integration of world markets; is aware, however, that in some cases, in serious abuses ofternational companies have violated human rights and labour rights and in damage tod the environment; points out that companies have duties, and calls for a binding CSR clause to be included in trade agreements.
Amendment 44 #
2010/2276(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas true integration of the Roma is possible only by means of mutual recognition of the rights and obligations of the communities concerned,
Amendment 82 #
2010/2276(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Observes that the Strategy must help to reconcile the right to support, assistance and integration of Roma communities with the duties of civic and social responsibility in relation to other communities;
Amendment 234 #
2010/2276(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines the importance of appropriate use of the funds allocated to the individual Member States in the priority sectors provided for by the Strategy;
Amendment 235 #
2010/2276(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Highlights the need for the objectives of the Strategy to be subjected to checking and measurement with regard to the degree of attainment so as to introduce award criteria in favour of compliant Member States and penalties for non- compliance;
Amendment 285 #
2010/2276(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on Member States to responsibly endorse the objectives of the Strategy in order to raise the level of integration of Roma communities;
Amendment 286 #
2010/2276(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on Member States to implement the Strategy, with particular attention for the integration of the Roma, respect for women and children, education, health assistance and adequate housing;
Amendment 305 #
2010/2276(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recognises the crucial role of regional and local authorities in bringing about genuine integration of Roma communities;
Amendment 314 #
2010/2276(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to perform regular checks on the consistency of the use of funding in relation to the expected result, including for the purposes for which funding is allocated under the Strategy;
Amendment 17 #
2010/2273(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that mobility can only be effectively promoted through substantial improvements in respect of solidarity and shared responsibility on the part of the Member States and through the formulation of a clear regulatory framework governing legal migration;
Amendment 31 #
2010/2273(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the promotion of workers’ mobility based on European law has to be complemented by EU legal provisions which foresee effective sanctions, remedies and redress in cases of violations of workers’ rights, including instruments to reduce inequalities between workers in the EU;
Amendment 38 #
2010/2273(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Member States to strengthen the implementation of Directive 91/533/EEC concerning the minimum information that workers shouldmust receive from their employer on their employment relationship, including all relevant provisions concerning their employment situation in the host Member State;
Amendment 49 #
2010/2269(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is convinced of the importance of bilateral agreements between the European Union and third countries to step up cooperation in the Area of Freedom, Security and Justice and optimise the management of migratory movements;
Amendment 3 #
2010/2154(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the importance of the fight against terrorism and supports in this onlyorganised crime, which constitute threats to the security of the European Union, as already identified in the Stockholm Programme, and to that end supports the use of the legitimate means, which are necessary in a free and open democratic society;
Amendment 25 #
2010/2154(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points to the fact that the use of body scanners is not restricted only to airports but also to other public places; urges therefore that the Commission present a proposal covering the deployment and use of security scanners in places other than airports that are adjudged to be susceptible to terrorist attack;
Amendment 65 #
2010/2154(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for people who are willing to be submitted to a body scan to be properly and comprehensibly informed in advance about the body scanner, including their right to refuse to be submitted to a body scan and their right to complain and seek redress in case of perceived irregularities related to the body scan or their refusal to be submitted to it and the subsequent standard security check;
Amendment 77 #
2010/2154(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that any proposal to allow the deployment and use of body scanners as a permissible screening method should be extensively justified in an impact assessment covering inter alia the fundamental rights aspect of body scanners and the possible health risks, taking into account the opinions of the European Union, international and national human rights and, data protection and public health authorities, such as the EDPS, the FRA and, the UN Special Rapporteur on the Protection of Human Rights while Countering Terrorism and the World Health Organisation;
Amendment 1 #
2010/2080(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Points out that the Stockholm Programme seeks to create a European area of freedom, security and justice that will guarantee citizens' fundamental rights, including freedom of enterprise so as to develop entrepreneurship in all economic sectors;
Amendment 2 #
2010/2080(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the fact that where the interests of people across Europe are affected, for example in such issues as the fight against potentially dangerous counterfeit products and the illicit trade in firearms, the process of harmonisation of legislation across Europe can be very beneficial; stresses that the process of harmonisation must be carried out in a fully democratic and transparent mannerwith the involvement of the European Parliament; notes that the harmonisation of legislations and of the respective scope of civil law and criminal law on several related matters has become an integral part of discussions in international trade negotiations, and that customs enforcement measures also raise a number of legal issues;
Amendment 6 #
2010/2080(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that, whereas some counterfeit products constitute a threat to consumers’ interests and safety, and in some cases to public health and the environment, the fight against counterfeiting should not affect access to legitimate, affordable and safe medicinal products; calls upon the Commission, the Council and the Member States to refrain from expanding the definition of the notion of ‘counterfeiting’ beyond the scope of deliberate trademark violations which potentially damage consumers’ interests and safety, public health and the environment, and warns against the parallel expansion of the scope of criminal law; recalls that other IPR violations such as copyright piracy on a non-commercial scale and patent infringements should remain governed by civil law; expresses great concern with regard to the criminalisation of patent infringements, which may be used as an obstacle tolastly, points out that the fight against counterfeiting and intellectual property infringements must not affect legitimate trade in generic medicines;
Amendment 8 #
2010/2080(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Demands that guarantees be given, in the context of customs enforcement, to ensure that fundamental rights, civil liberties and legal obligations with regard to privacy and personal data protection are fully respected; calls for the harmonisation of customs enforcement rules to be implemented in such a way that it does not hinder the legitimate trade flow of generic medicines, including their transitand points out also that the failure to harmonise procedures may act as a non-tariff barrier to trade between the Member States;
Amendment 9 #
2010/2080(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Draws attention to problems linked to the legal uncertainty of commercial exchanges from and to non-EU countries, and to the issue of which jurisdiction is competent for the settlement of a given dispute; in this connection, stresses the importance of cooperation with third countries, including at customs level, particularly those involved in the European Neighbourhood Policy; notes that while principles of private international law do exist, their implementation raises a number of problems primarily affecting consumers and small businesses, who often lack knowledge of their own rights; underlines, besides, the new legal challenges arising from globalisation and the development of Internet transactions; emphasises the need for a coherent approach to be adopted on an international level to avoid consumers and small businesses being punished for this situation.
Amendment 91 #
2010/2002(BUD)
Motion for a resolution
Paragraph 36 a new
Paragraph 36 a new
36a. Points to the need for better-funded action to improve conditions for prisoners, in particular in jails known to be overcrowded, not least because there are convicts from third countries, as stated in Parliament's resolution of 25 November 2009 on the Stockholm Programme; points to the need for priorities to include the appropriate social inclusion measures, with schemes for reintegration into society, as provided for in that programme;
Amendment 94 #
2010/2002(BUD)
Motion for a resolution
Paragraph 36 b new
Paragraph 36 b new
36b. Considers that anti-drugs action should be stepped up - with suitable funding - through prevention and rehabilitation, without prejudice, where necessary, to measures to lessen the harm caused;
Amendment 6 #
2010/2001(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Insists that the agencies of the Area of Freedom, Security and Justice must have appropriate funding enabling them to carry out their activities, especially those having new tasks; in this regard, calls on the Commission to ensure that the European Asylum Support Office commences its operations in good time before 2011 and that sufficient financial resources are made available for the Office to start to perform its mandate;
Amendment 9 #
2010/2001(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that the imminent review of the mandate of the Frontex agency will include decisions which in due course will involve significant financial considerations, such as those concerning the ability of the agency to purchase or hire its own assets and equipment, and as a result emphasises the need to ensure that the agency has sufficient financial resources to be able to perform its mandate;
Amendment 147 #
2010/0802(COD)
Draft directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. A European register of victims should be established, to augment the protection offered, to which only the Member States’ judicial authorities, Eurojust and Europol shall be allowed access. The data and information collected and held in this register will help better protect victims and will be useful in developing prevention work. The Commission shall furnish the data and information referred to in this article on receipt of a duly justified request from the competent authorities in the Member States.
Amendment 185 #
2010/0802(COD)
Draft directive
Article 8 – paragraph 1 – letter d a (new)
Article 8 – paragraph 1 – letter d a (new)
da) take all necessary measures to ensure that execution of the European protection order also covers the protected person’s entire family.
Amendment 218 #
2010/0802(COD)
Draft directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The European protection order shall be recogniexecuted without delay and in any cased without delayin fifteen days, and the person to be protected shall be afforded the necessary protection during the time prior to its execution.
Amendment 225 #
2010/0210(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The seasonal worker permit shall be a single document issued by the competent authorities of the Member States using the format as laid down in Council Regulation (EC) No 1030/2002. In accordance with point (a) 6.4 of the Annex to that Regulation, Member States shall enter ‘seasonal worker’ under the heading ‘type of permit’.
Amendment 240 #
2010/0210(COD)
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
a) upon application, issue up to three seasonal worker permits covering up to three subsequent seasons within one administrative act (‘multi-seasonal worker permit’),; where the application is lodged by a seasonal worker, the employer shall inform the competent authorities that he or she wishes to employ the worker concerned under a multi-seasonal employment contract;
Amendment 252 #
2010/0210(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Amendment 262 #
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 accommodation that ensures an adequate standard of living, under decent health and hygiene conditions certified by the competent authorities. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration. and in any case should enable the workers to live freely and with dignity.
Amendment 70 #
2010/0209(COD)
Proposal for a directive
Recital 17
Recital 17
(17) TPursuant to Article 79(5) TFEU, this Directive ishould be without prejudice to the right of the Member States to determine the volumes of admission of third-country nationals entering their territory for the purposes of intra-corporate transfer and not to grant residence permits for employment in general or for certain professions, economic sectors or regions.
Amendment 109 #
2010/0209(COD)
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘manager’ means any person workholding, in the hierarchy of the undertaking, a senior position, who principally directs the management of the host entity, receiving general supervision or directionguidance principally from the board of directors or stockholders of the business or equivalent; this position includes: directing the host entity or a department or sub-division of the host entity, supervising and controlling thor being responsible wfork of other supervisory, professional or managerial employees, having the authority personally to hire and dismiss or recommend hiring, dismissing a project of a significant size and in this capacity having appropriate and balanced human and financial resources at his or other personnel actionsdisposal;
Amendment 116 #
2010/0209(COD)
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘specialist’ means any person possessing uncommonspecific knowledge essential and specific to the host entity, taking account not only of knowledge specific to the host entity, but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge; and technical, professional or scientific skills essential to the host entity, as proven by higher professional qualifications and appropriate professional experience as defined in Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly-qualified employment1 referring to a type of work or trade requiring specific technical, professional or scientific knowledge; ___________ 1 OJ L 155, 18.6.2009, p. 17.
Amendment 124 #
2010/0209(COD)
Proposal for a directive
Article 3 – point g
Article 3 – point g
(g) ‘graduate traintrainee employee’ means any person with a higher education qualification, bound to the company by a contract who is transferred to a host entity to broaden his/her knowledge of and experience in a company in preparation fto be able to carry out paid work at managerial positionment level within the company;
Amendment 137 #
2010/0209(COD)
Proposal for a directive
Article 3 – point l
Article 3 – point l
(l) ‘group of undertakings’ for the purposes of this Directive means two or more undertakings recognised as linked in the following ways under national law: when an undertaking, in relation to another undertaking directly or indirectly: holds a majority of that undertaking’s subscribed capital; or controls a majority of the votes attached to that undertaking’s issued share capital; or can appoint more than half of the members of that undertaking’s administrative, management or supervisory body or is controlled jointly with another undertaking although being legally distinct from it;
Amendment 160 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – point iii
Article 5 – paragraph 1 – point c – point iii
(iii) the remuneration granted during the transferand the terms and conditions of employment granted during the transfer which must correspond to those granted for similar work in the host Member State;
Amendment 175 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall require that all conditions in the law, regulations or administrative provisions and/or universally applicable collective agreements applicable to posted workers in a similar situation in the relevant occupational branches are met with regard to the remuneration granted during the transfer.
Amendment 205 #
2010/0209(COD)
Proposal for a directive
Article 8
Article 8
Without prejudice to Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009, providing for minimum standards on sanctions and measures against employers of illegally-staying third- country nationals1, Member States may hold the host entity responsible and provide for penalties for failure to comply with the conditions of admission laid down in this directive. Those penalties shall be effective, proportionate and dissuasive. Member States may lay down monitoring, assessment and periodic inspection procedures to prevent and punish possible abuses. ______________ 1 OJ L 168, 30.6.2009, p. 24.
Amendment 245 #
2010/0209(COD)
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5a. Pursuant to Article 14 of Directive 2003/86/EC and without prejudice to the principle of Union preference, Member States may decide the conditions under which family members may exercise an employed or self-employed activity. In such cases, requests for authorisation must be dealt with within 30 days of their being lodged.
Amendment 251 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Third-country nationals who have been granted an intra-corporate transferee permit in a first Member State, who fulfil the criteria for admission as set out in Article 5 and who apply for an intra-corporate transferee permit in another Member State shall be allowed to work in any other entity established in that Member State and belonging to the same group of undertakings and at the sites of clients of that host entity if the conditions set out in Article 13(4) are fulfilled, on the basis of the residence permit issued by the first Member State, if it is still valid, and the additional document provided for in Article 11(4), provided that:
Amendment 256 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) the duration of the transfer in the other Member State(s) does not exceed twelvesix months;
Amendment 257 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a a (new)
Article 16 – paragraph 1 – point a a (new)
Amendment 262 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 1 – point b a (new)
Article 16 – paragraph 1 – point b a (new)
(ba) no threat is posed to public order, public security or public health;
Amendment 264 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. For an intra-corporate transfer to another Member State to take place, an intra-corporate transfer permit must have been granted by the first Member State, so that: – the intra-corporate transfer permit granted by the first Member State allows the transferee to work and reside in both the first and second Member States pursuant to Articles 13 and 14; – renewal of the intra-corporate transfer permit by the first Member State allows the transferee to continue working and living in the other Member State during the period covered by the renewal; – the withdrawal of the intra-corporate transfer permit by the first Member State will terminate the worker’s right to live and work in the other Member State.
Amendment 268 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
Amendment 269 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1 a (new)
Article 16 – paragraph 2 – subparagraph 1 a (new)
Third-country nationals who have been granted an intra-corporate transfer in a first Member State and who have submitted to the competent authorities of another Member State a new application for admission in accordance with paragraph 2 of this article, shall be authorised to work in the other Member State until such time as the competent authority has taken a decision on the new application for admission.
Amendment 43 #
2010/0147(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the importing third country has issued the relevant import authorisation, where required, and,
Amendment 48 #
2010/0147(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. If no objections to the transit are received within twenty workingcalendar days from the day of the written request for no objection to the transit submitted by the exporter, the consulted third country of transit shall be regarded as having no objection and as having given its tacit consent to the transit.
Amendment 52 #
2010/0147(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Member States shall process requests for exports authorizsation or multiple export authorizsation within a period of time to be determined by national law or practice, which in all cases shall not exceed ninety workingsixty calendar days.
Amendment 77 #
2010/0147(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 78 #
2010/0147(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 80 #
2010/0147(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Every fFive years after its entry into force, the Commission shall review the implementation of this Regulation and present a report to the European Parliament and the Council on its application, which may include proposals for its amendment. Member States shall provide the Commission with all appropriate information for the preparation of the report.
Amendment 82 #
2010/0147(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
This Regulation shall enter into force on the hundred and tweneightieth day following that of its publication in the Official Journal of the European Union.
Amendment 32 #
2010/0074(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) These procedures and conditions should be clear, simple, user-friendly and proportionate to the nature of the citizens' initiative, so as to encourage participation by citizens and to make the Union more accessible.
Amendment 49 #
2010/0074(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) It is crucial that transparency be maintained throughout the whole process. Therefore, any financial or political support received should be indicated in the statement of support form relating to each citizens' initiative. Funding by political parties and European political groups should not be permitted.
Amendment 59 #
2010/0074(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Commission should examine a citizens' initiative and set out its conclusions and the actions it envisages to take in response to it, within a period of fourthree months.
Amendment 60 #
2010/0074(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In the case of citizens' initiatives in respect of which one million statements of support have been collected, the European Parliament can at any time call on the Commission to explain the actions it intends to take or, as the case may be, its decision not to take any action, and the reasons for doing so. In exercising its powers the European Parliament can at any time hold hearings of the organisers or adopt a resolution. The organisers may also present a petition to the European Parliament on the subject, if the criteria for doing so are met.
Amendment 122 #
2010/0074(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
b. examine the citizens' initiative and, within 4three months, set out in a communication its conclusions on the initiative, the action it intends to take, if any, and its reasons for doing so.
Amendment 126 #
2010/0074(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. With regard to citizens' initiatives in respect of which one million statements of support have been collected, the European Parliament can at any time call on the Commission to explain the actions it intends to take or, as the case may be, the decision not to take any action, and the reasons for doing so. In exercising its powers the European Parliament can at any time hold hearings of the organisers or adopt a resolution. The organisers may also present a petition to the European Parliament on the subject, if the criteria for doing so are met.
Amendment 131 #
2010/0074(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 133 #
2010/0074(COD)
Proposal for a regulation
Annex II – point 4
Annex II – point 4
4. The legal baseprovisions of the Treaties which would allow the Commission to act;
Amendment 135 #
2010/0065(COD)
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. In the case of provisions such as the seizure and confiscation of property belonging to the offender, the Member States shall adopt measures designed to facilitate use of these assets for educational and assistance purposes. The proceeds arising may be earmarked for victims’ financial support.
Amendment 151 #
2010/0065(COD)
Proposal for a directive
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Member States shall take the necessary measures to enable the offences referred to in Articles 2 and 3 to be prosecuted through joint investigations, coordination of criminal proceedings and mutual assistance in cooperation with Europol and Eurojust.
Amendment 153 #
2010/0065(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) the offender is one of its nationals or has his or her habitual residence, or is present in some capacity, in its territory; or
Amendment 154 #
2010/0065(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) the offence is committed against one of its nationals or a person who has his or hepresent on or who has their habitual residence in its territory; or
Amendment 181 #
2010/0065(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. The Member States shall take steps to appoint, where necessary, a cultural mediator and a social worker to set up a suitable programme of assistance tailor- made to meet the victim’s needs.
Amendment 188 #
2010/0065(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The Member States shall, in cooperation with NGOs, government agencies and international organisations, establish direct aid programmes to facilitate, where possible, the voluntary return of victims to their country of origin and their reintegration there.
Amendment 192 #
2010/0065(COD)
Proposal for a directive
Article 14 – paragraph 3 – point f
Article 14 – paragraph 3 – point f
(f) the child victim may be accompanied by his or her legal representative and/or a guardian specifically appointed by the social services concerned and/or, where appropriate, an adult of his or her choice, unless a reasoned decision has been made to the contrary in respect of that person.
Amendment 203 #
2010/0065(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall promote regular training for officials likely to come into contact with victims and potential victims, including front-line police officers, border guards, labour inspectors, health care personnel and consular staff, aimed at enabling them to identify and deal with victims and potential victims of trafficking in human beings. This shall also apply to interpreters, where their services are required.
Amendment 214 #
2010/0064(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
b) the offence was committed against a child in a particularly vulnerable situation, notably because of a mental or physical disability or a situation of dependence or of a temporary alteration in psychophysical perception connected with taking drugs, drinking alcohol, or any other recognised type of dependence;
Amendment 235 #
2010/0064(COD)
Proposal for a directive
Article 12, paragraph 1 a (new)
Article 12, paragraph 1 a (new)
Amendment 277 #
2010/0064(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall take the necessary measures to ensure that the specific actions to assist and support victims, in the short and long term, in their physical and psycho-social recovery, are undertaken following an individual assessment of the special circumstances of each particular child victim, takingand shall to that end devise individual rehabilitation programmes that take due account of the child’s views, needs and concerns.
Amendment 107 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Regulation (EC) No 2007/2004
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 109 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Regulation (EC) No 2007/2004
Article 1a – point 2
Article 1a – point 2
2. "host Member State" means a Member State on the territory of which, or adjacent to,r from the territory of which a deployment of a Rrapid Bborder Iintervention Teammission or a joint operation or a pilot project takes place;
Amendment 117 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point ii
Article 1 – point 3 – point a – point ii
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) provide Member States with the necessary support, including, upon request, coordination regarding organising joint return operations and voluntary returns;
Amendment 127 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
The Agency may itself initiate joint operations and pilot projects in cooperation with Member States and in agreement with the host Member State.
Amendment 135 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 1 – subparagraph 5
Article 3 – paragraph 1 – subparagraph 5
The Agency may also terminate joint operations, rapid border intervention missions and pilot projects if the conditions to conduct these initiatives are no longer fulfilled.
Amendment 145 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The Agency may decide to finance or co-finance the joint operatshall finance the joint operations, rapid border intervention missions and pilot projects referred to in paragraph 1, with grants from its budget in accordance with the financial rules applicable to the Agency.
Amendment 164 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3b (new) – paragraph 4 a (new)
Article 3b (new) – paragraph 4 a (new)
4a. In performing their duties and exercising their powers, border guards must respect a specific code of conduct to protect unaccompanied minors and persons considered vulnerable on objective grounds.
Amendment 166 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3b (new) – paragraph 5
Article 3b (new) – paragraph 5
5. In accordance with Article 83g the Agency wishall nominate a coordinating officer for each joint operation or pilot project where Frontex Joint Support Team members will be deployed, rapid intervention mission or pilot project where EU Border Guard System members will be deployed. The role of the coordinating officer shall be, inter alia, to monitor the operation of and to foster cooperation and coordination amongst host and participating Member States.
Amendment 187 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 2007/2004
Article 7 – paragraph 1 – subparagraph 2 a (new)
Article 7 – paragraph 1 – subparagraph 2 a (new)
If, in the performance of the Agency’s own tasks, it is established that offences have been committed or other illicit activities engaged in, for which the host State stipulates seizure and/or confiscation, the Agency may, in concert with the Member State, use the equipment and/or materials seized and/or confiscated, provided that safety conditions are complied with and grounds are stated for the specific requirements for consistent use.
Amendment 191 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 2007/2004
Article 8
Article 8
(9) Article 8 is deleted.amended as follows: (a) paragraph 1 is replaced by the following: "1. Without prejudice to Article 64(2) of the Treaty, one or more Member States facing specific and disproportionate pressures and confronted with circumstances requiring increased technical and operational assistance when implementing their obligations with regard to control and surveillance of external borders may request the Agency for assistance. The Agency shall organise the appropriate technical and operational assistance for the requesting Member State(s)." (b) in paragraph 2 the following point is added: "(ba) deploy border guards from the EU Border Guard System."
Amendment 194 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 2007/2004
Article 9 – paragraph -1 (new)
Article 9 – paragraph -1 (new)
-1. The Agency shall provide Member States with the necessary support, in the form of technical, instrumental, human and financial resources, for the coordination and organisation of voluntary return schemes.
Amendment 211 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 15 a (new)
Article 1 – point 15 a (new)
Regulation (EC) No 2007/2004
Article 11 a a (new)
Article 11 a a (new)
Amendment 2 #
2009/2240(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– having regard to the European Parliament's resolution of 7 May 2009 on the proposal for a regulation of the European Parliament and of the Council 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 (COD/2008/0243),
Amendment 4 #
2009/2240(INI)
Motion for a resolution
Recital A
Recital A
A. whereas a fair and realistic migration policy in the European Union, entailing the establishment of a Common European Asylum System (CEAS), must comprise an effective resettlement programme, providing a durable solution for refugees who cannot return to their country of origin and whose protection and livelihood cannot be assured in first countries of asylum,
Amendment 37 #
2009/2240(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Recalls, at the same time, the European Parliament's recommendations of 7 May 2009 on mandatory solidarity as regards resettlement of refugees already in Member States; believes that the resettlement mechanism should therefore be open to and applicable for intra-EU resettlement of beneficiaries of international protection present in the territory of Member States that are faced with specific and disproportionate pressures on their national asylum systems, due in particular to their geographic position or demographic situation; requests that adequate funds be earmarked to for such intra-EU resettlement programmes;
Amendment 5 #
2009/2229(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on public and private systems to act jointly on a basis of constant concern to protect the most vulnerable persons, especially minors, by means of the continuous monitoring of sites liable to have a particular subjective impact (pornographic sites, online gaming, etc);
Amendment 15 #
2009/2215(INI)
Draft opinion
Point 4
Point 4
4. Welcomes the selection of six main strategic projects: (the de-pollution of the sea, the solar energy plan, transport, education, SMEs and civil protection), and hopes that the associated major integrated projects will receive adequate support from European and international financial institutions,
Amendment 16 #
2009/2215(INI)
Draft opinion
Point 4 a (new)
Point 4 a (new)
4a. Acknowledges the administrative and operational contribution that the new secretariat will be able to make to the UfM’s work in pursuing Euro- Mediterranean priorities and objectives, on the basis of adequate, specified resources,
Amendment 21 #
2009/2215(INI)
Draft opinion
Point 5 a (new)
Point 5 a (new)
5a. Takes the view that enhancing port and land transport infrastructure may help to promote economic growth and trade between Euro-Mediterranean countries,
Amendment 25 #
2009/2215(INI)
Draft opinion
Point 6
Point 6
6. Hopes for an improvement in the economic and legal environment in the region, an essential guarantee for future direct foreign investment,
Amendment 31 #
2009/2215(INI)
Draft opinion
Point 7
Point 7
7. Calls on the Commission to assess the social and environmental effects of the liberalisation process and to enable this to be applied gradually, as necessarywhile protecting comparable production sectors on both shores of the Mediterranean, which are more likely to face competition as a result of greater liberalisation,
Amendment 35 #
2009/2215(INI)
Draft opinion
Point 8
Point 8
8. Underlines the need to establish a regional agricultural policy which observes the requirements of food sovereigntyprotects typical Mediterranean products by ensuring greater support for the production and distribution phases and setting common minimum standards for certifying the quality of agricultural produce,
Amendment 41 #
2009/2215(INI)
Draft opinion
Point 10
Point 10
10. Hopes that the association agreements will be reviewed in the light of these new requirements, and with a view to establishing a Euro-Mediterranean free trade area: trade liberalisation should happen gradually, extending to services as well as goods, and in the longer term to the movement of persons, with particular reference to job opportunities requiring specific, recognised skills,
Amendment 43 #
2009/2215(INI)
Draft opinion
Point 10 a (new)
Point 10 a (new)
10a. Urges the countries in the Euro- Mediterranean area to step up their cooperation activities with countries characterised by high levels of migration, and to promote the conclusion of agreements with those countries with a view to supporting their economic and employment growth,
Amendment 46 #
2009/2215(INI)
Draft opinion
Point 11
Point 11
11. Urges the Commission to keep up its demands for democracy from Libyafurther development of democracy from both Libya and all the member countries of the Union for the Mediterranean in its trade negotiations,
Amendment 50 #
2009/2215(INI)
Draft opinion
Point 12 a (new)
Point 12 a (new)
12a. Reiterates the importance of the Euro-Mediterranean Parliamentary Assembly as a natural forum for political, economic and social dialogue between the democratically elected representatives of Euro-Mediterranean countries,
Amendment 187 #
2009/2161(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Takes the view that the attempts in some Member States to consign religion to the private sphere should be described as an infringement of the fundamental right to freedom of religion, which is expressly protected by the Charter with regard to both public and private spheres;
Amendment 188 #
2009/2161(INI)
Motion for a resolution
Paragraph 34 b (new)
Paragraph 34 b (new)
34b. Is alarmed that the concept of 'hate speech' is increasingly invoked in order to place unacceptable restrictions on legitimate manifestations of religious freedom;
Amendment 243 #
2009/2161(INI)
Motion for a resolution
Paragraph 35 – indent 8
Paragraph 35 – indent 8
Amendment 248 #
2009/2161(INI)
Motion for a resolution
Paragraph 35 – indent 8 a (new)
Paragraph 35 – indent 8 a (new)
– Encouraging civil society to promote a transparent and regular debate on fundamental rights, to ensure that they are protected as broadly as possible;
Amendment 249 #
2009/2161(INI)
Motion for a resolution
Paragraph 35 – indent 8 b (new)
Paragraph 35 – indent 8 b (new)
– Combating all forms of racism, xenophobia and anti-Semitism;
Amendment 250 #
2009/2161(INI)
Motion for a resolution
Paragraph 35 – indent 8 c (new)
Paragraph 35 – indent 8 c (new)
– Promoting greater interfaith and intercultural understanding, with a view to improving the European integration process;
Amendment 90 #
2009/0165(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) gendersex, trauma and age awareness;
Amendment 114 #
2009/0165(COD)
Proposal for a directive
Article 9 – paragraph 3 – point d
Article 9 – paragraph 3 – point d
(d) the personnel examining applications and taking decisions are instructed and have the possibility to seek advice, whenever necessary, from experts on particular issues, such as medical, cultural, child or gender, religious or sex issues.
Amendment 121 #
2009/0165(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Paragraph 3 shall not apply to cases where disclosure of particular circumstances of a person to members of his/her family can jeopardize the interests of that person, including cases involving gendersex and/or age based persecution. In such cases, a separate decision shall be issued to the person concerned.
Amendment 27 #
2009/0164(COD)
Proposal for a directive
Recital 29
Recital 29
(29) It is equally necessary to introduce a common concept of the persecution ground "membership of a particular social group". For the purposes of defining a particular social group, issues arising from an applicant's gender should be given due consideration. In this connection, special consideration should be given to issues such as female genital mutilation, forced abortion and forced sterilisation.
Amendment 39 #
2009/0164(COD)
Proposal for a directive
Article 2 – point j – indent 3
Article 2 – point j – indent 3
Amendment 62 #
2009/0164(COD)
Proposal for a directive
Article 10 – paragraph 1 – point d – subparagraph 2
Article 10 – paragraph 1 – point d – subparagraph 2
Depending on the circumstances in the country of origin, a particular social group might include a group based on a common characteristic of sexual orientation. Sexual orientation cannot be understood to include acts considered to be criminal in accordance with national law of the Member States. GenderSex related aspects should be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group.
Amendment 67 #
2009/0164(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. When implementing this Chapter, Member States shall take into account the specific situation of vulnerable persons such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of trafficking, persons with mental health problems and persons who have been subjected to torture, rape or cruel, inhuman or degrading treatment, such as genital mutilation, forced sterilisation, rape, forced abortion or other serious forms of psychological, physical or sexual violence.
Amendment 74 #
2009/0164(COD)
Proposal for a directive
Article 21 – paragraph 2 – point b a (new)
Article 21 – paragraph 2 – point b a (new)
(ba) there are in any event well-founded reasons for considering that he or she has committed serious acts deemed incompatible with entry and residence in the host Member State.
Amendment 98 #
2009/0164(COD)
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Member States shall provide, under the same eligibility conditions as nationals of the Member State that has granted the status, adequate health care, including mental health care when needed, to beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or cruel, inhuman or degrading treatment such as genital mutilation, forced sterilisation, rape, forced abortion or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict.
Amendment 100 #
2009/0164(COD)
Proposal for a directive
Article 30, paragraph 2 a (new)
Article 30, paragraph 2 a (new)
2a. Member States shall guarantee access to all healthcare benefits, including, where necessary, those relating to cross- border treatment.
Amendment 101 #
2009/0164(COD)
Proposal for a directive
Article 31, paragraph 6 a (new)
Article 31, paragraph 6 a (new)
6a. Member States shall, in any event, guarantee specific healthcare, in particular psychological care, for unaccompanied minors.
Amendment 17 #
2009/0127(COD)
Proposal for a decision – amending act
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Decision No 573/2007/EC
Article 13 a (new)
Article 13 a (new)
(6a) The following article is inserted: "Article 13a Intra-EU resettlement of refugees and other beneficiaries of international protection Without prejudice to other specific mechanisms and initiatives concerning intra-EU reallocations and on the basis of the principle of mandatory solidarity in the resettlement of refugees already in Member States, the resettlement mechanism shall also be open and applicable to intra-EU resettlement of beneficiaries of international protection present in the territory of Member States that are faced with specific and disproportionate pressures on their national asylum systems, due in particular to their geographic position or demographic situation."