831 Amendments of Nuno MELO
Amendment 71 #
2023/0371(COD)
Proposal for a regulation
Article 1.º – paragraph 1 – point 2
Article 1.º – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point g a (new)
Article 8a – paragraph 1 – point g a (new)
(ga) a significant and abrupt deterioration in the Union’s external relations with a third country listed in Annex II, particularly with regard to human rights and fundamental freedoms, resulting from one of the following situations: (i) serious violations and abuses of human rights; (ii) serious breaches of international law and standards, including international human rights law and non-compliance with international court decisions and rulings;
Amendment 71 #
2023/0371(COD)
Proposal for a regulation
Article 1.º – paragraph 1 – point 2
Article 1.º – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point g a (new)
Article 8a – paragraph 1 – point g a (new)
(ga) a significant and abrupt deterioration in the Union’s external relations with a third country listed in Annex II, particularly with regard to human rights and fundamental freedoms, resulting from one of the following situations: (i) serious violations and abuses of human rights; (ii) serious breaches of international law and standards, including international human rights law and non-compliance with international court decisions and rulings;
Amendment 139 #
2023/0135(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Combating corruption is essential for strengthening the quality of democracy and for the full realization of the Rule of Law. It is considered fundamental, for a good anti-corruption strategy, to act upstream of the phenomenon, preventing the existence of contexts that generate corrupt practices.
Amendment 143 #
2023/0135(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Diverse manifestations of corruption necessitate a coordinated and harmonized approach among Member States to address its root causes and consequences effectively.
Amendment 146 #
2023/0135(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) These phenomena strike at the heart of democracy, wounding it in its fundamental principles, namely those of equality, transparency, integrity, impartiality, legality, and fair redistribution of wealth. They have profoundly harmful economic effects, such as increased public spending, through interventions devoid of real interest, benefiting private individuals, deterring investors, and distorting competition rules.
Amendment 151 #
2023/0135(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Raising citizens' awareness about the scope, characteristics, and effects of corruption requires the design of campaigns that, in accessible language, warn about daily improper behaviors associated with corruption phenomena, thereby helping better detection of them, while also promoting their rejection. This approach is also essential for shaping more demanding, attentive, and less tolerant citizens to corrupt behavior.
Amendment 158 #
2023/0135(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) A Public Administration made up of agents with high ethical standards is a key condition for reducing corruption risks. Regardless of the type of public service entry exams, subsequent training, in all sectors of the administration, should incorporate content with a strong focus on probity and corruption prevention.
Amendment 162 #
2023/0135(COD)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) State services must assess corruption and bribery risks associated with their type of activity, the nature of the services they provide, and the context in which these services are provided. For this purpose, they will have to draft prevention or risk management plans, in which services or acts most susceptible to bribery, exploitation or diversion of funds, and personal favoritism or favoritism towards third parties are identified, as well as measures to reduce risks and ways to react to illicit practices.
Amendment 163 #
2023/0135(COD)
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
(9c) Associated with the drafting of prevention or risk management programs is the creation of codes of ethics or conduct, which succinctly, objectively, and clearly describe the expected behaviors of all workers. These instruments must be simple, easily understood by their intended recipients, and adapted to the specificities of the respective activity. To achieve these results, it is recommended to involve all stakeholders in the drafting process.
Amendment 184 #
2023/0135(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) Whereas public procurement, as a key interface between the public and private sectors, is inherently susceptible to corrupt practices, given the significant financial interests at stake and the complexity of procurement processes. Recognizing that these vulnerabilities can lead to inefficiencies, misallocation of public resources, and a loss of public trust in governmental institutions, robust measures are needed to enhance transparency, oversight, and accountability in public procurement processes. This includes establishing clear guidelines, promoting digital solutions for traceability, ensuring rigorous auditing mechanisms, and providing platforms for whistleblower protections and public scrutiny.
Amendment 206 #
2023/0135(COD)
1. ‘prevention of corruption’ refers to the proactive identification, detection and elimination of the causes of and conditions for corruption, through development and implementation of a system of appropriatecomprehensive system of measures, as well as deterrence against corruption-related acts.
Amendment 226 #
2023/0135(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘legal person’ means any entity recognized as having legal personality under the applicable national law, except for States or public bodies in the exercise of State authority and for public international organisations.
Amendment 251 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall take measures to ensure that key preventive tools such as an open access to information of public interest, effective rules for the disclosure and management of conflicts of interests in the public sector, effective rules for the disclosure and verification of assets of public officials and effective rules regulating the interaction between the private and the public sector are in place.are in place such as:
Amendment 254 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 3 – indent 1 (new)
Article 3 – paragraph 3 – indent 1 (new)
– elimination of administrative barriers and regulatory complexity that hinder timely decision-making on citizens' requests and condition their access to information and the decision-making process;
Amendment 255 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 3 – indent 2 (new)
Article 3 – paragraph 3 – indent 2 (new)
– effective rules for the disclosure and management of conflicts of interests in the public sector.
Amendment 256 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 3 – indent 3 (new)
Article 3 – paragraph 3 – indent 3 (new)
– an open access to information of public interest;
Amendment 257 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 3 – indent 4 (new)
Article 3 – paragraph 3 – indent 4 (new)
– an anticorruption strategy and action plan drafted with the participation of competent authorities and civil society
Amendment 265 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. Member States shall adopt comprehensive and up-to-dateperiodically reviewed measures to prevent corruption in both the public and private sectors, adapttailored to the specific risks of an area of activity. Such measures shall at least include actions to strengthen integrity and to prevent opportunities for corruption among:
Amendment 275 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2 – point b
Article 3 – paragraph 5 – subparagraph 2 – point b
(b) develop plans to address the main risks in the sectors identifiedrevention or risk management plans, in which services or acts most susceptible to bribery, exploitation or diversion of funds and personal favoritism or favoritism towards third parties are identified, as well as measures to reduce risks and ways to react to illicit practices.
Amendment 284 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Where appropriate, Member States shall takeadopt measures to promote the participation of civil society, non- governmental organizations and community-based organizations in anti- corruption activities.
Amendment 314 #
2023/0135(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall take the necessary measures to ensure that national authorities competent for the detection, investigation, prosecution or adjudication of the criminal offences referred to in this Directive are consistently and proactively continually provided with an adequate number of qualified staff and the financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.
Amendment 321 #
2023/0135(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Each Member State shall take the necessary measures to ensure adequate resources for and the provision of specialisdelivery of dedicated anti-corruption training. This training should be conducted at regular intervals for its members of law enforcement, the judiciary and the staff of authorities tasked with criminal investigations and proceedings of offences falling within the scope of this Directive.
Amendment 354 #
2023/0135(COD)
Proposal for a directive
Article 11 – paragraph 1 – point 1
Article 11 – paragraph 1 – point 1
1. the performance of or failure to perform an act, in violation of laws, by a public official in the exercise of his functions for the purpose of obtaining an undue advantage of any nature for that official or for a third party;
Amendment 357 #
2023/0135(COD)
Proposal for a directive
Article 11 – paragraph 1 – point 2
Article 11 – paragraph 1 – point 2
2. the performance of or failure to perform an act, in breach of duties, by a person who in any capacity directs or works for a private-sector entity in the course of economic, financial, business or commercial activities for the purpose of obtaining an undue advantage of any nature for that person or for a third party.
Amendment 358 #
2023/0135(COD)
Proposal for a directive
Article 12 – paragraph 1 – point 1
Article 12 – paragraph 1 – point 1
1. the use, directly or through an intermediary, of physical force, threats or intimidation or the promise, offering or giving of an advantage to induce false testimony, conceal, destroy, or alter documents or evidence, or to interfere in the giving of testimony or the production of evidence in a proceeding concerning any of the offences referred to in Article 7 to 11, 13 and 14;
Amendment 368 #
2023/0135(COD)
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
the unauthorized access to, alteration, deletion, or tampering with digital evidence, electronic records, or any other digital data relevant to an investigation or judicial proceeding concerning any of the offences referred to in Article 7 to 11, 13, and 14;
Amendment 369 #
2023/0135(COD)
Proposal for a directive
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
The act of deliberately influencing, pressuring, or coercing witnesses, experts, or any involved parties to abstain from participating, communicating, or cooperating with judicial authorities concerning any of the offences referred to in Article 7 to 11, 13, and 14
Amendment 374 #
2023/0135(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall take the necessary measures to ensure that the intentional acquisition, possession or use by a public official of property that that official knows is derived from the commission of any of the offences set out in Articles 7 to 12 and 14, is punishable as a criminal offence,. This is applicable irrespective of whether thate official was directly involved in the commission of that offence.
Amendment 389 #
2023/0135(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article15a Prohibition of pardons and amnesties Member States shall take the necessary measures to prohibit any pardon for the benefit of those who have been held liable for any of the criminal offences referred to in Articles 7 to 14 and to prohibit any amnesty for any of the criminal offences referred to in Articles 7 to 14.
Amendment 446 #
2023/0135(COD)
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
To ensure the effective use of these tools, Member States shall promote and facilitate the continuous training and skill development of personnel responsible for combating corruption. This shall include familiarising them with new and emerging corruption tactics, and the corresponding investigative techniques.
Amendment 450 #
2023/0135(COD)
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article23a Considering the evolving nature of corruption and the increasing use of digital platforms, Member States shall ensure the availability of digital investigative tools and capabilities, including but not limited to digital forensics, cybersecurity resources, and encrypted communication interception, in line with the respect for fundamental rights and data protection regulations.
Amendment 1 #
2022/0379(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In order to foster a balanced governance structure and ensure the effective implementation of interoperability measures, it is crucial to actively involve local and regional authorities. These authorities possess valuable insights into the specific needs and preferences of the communities they serve, making their participation instrumental in determining the pace and degree of implementing interoperability.
Amendment 2 #
2022/0379(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In the pursuit of cross-border interoperability and the digital public services infrastructure, it is crucial to safeguard the privacy and protection of personal data. The interoperability measures established under this Act should be designed and implemented in a manner that respects the principles of data protection rules.
Amendment 3 #
2022/0379(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) (6) Interoperability facilitatessignificantly enhances the successful implementation of policies, in particularly those with a strongclosely related to the public sector connection, such as justice and home affairs, taxation and customs, transport, health, agriculture, as well as in business and industry regulation. However, a singlenarrow sector interoperability perspective is associated with the risk that the adoption of different-specific approach to interoperability carries the inherent risk of adopting diverse or incompatible solutions at national or sectoral levels will give rise, leading to new electronic barriers that impehinder the propersmooth functioning of the internal market and the associatedimpede the freedoms of movement. Furthermore, it risks undermining associated with it. Furthermore, such an approach jeopardizes the openness and competitiveness of markets and the delivery of services of general interprovision of essential servicest to businesses and citizens. Therefore, this Regulation should also facilitait is imperative that this Regulation actively promotes, encourages, and apply toencompasses cross-sector interoperability.
Amendment 4 #
2022/0379(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Recognizing the importance of digital transformation in driving innovation, efficiency, and improved public services, it is crucial to address the financial and human resource constraints faced by local and regional administrations. Adequate support and resources should be provided to ensure that these administrations can actively participate in the digital transition and reap its benefits.
Amendment 6 #
2022/0379(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) It is necessarycrucial to establish a streamlined governance mechanism to facilitahat promotes the implementation of Union policies in a way thatwith minimal regulatory burden while ensuresing interoperability. This mechanism should focus on the interoperaprimarily focus on enabling the flexible digital implementation of policies once they have been adopted in the form of legal acts and should serve to develop interoperability solutions on a needs-driven basis. The mechanism should support public sector bodies. Projects to support public sector bodies should be proposed by the Interoperable Europe Board toas legal acts, based on market-driven needs. It should support public sector bodies without imposing unnecessary bureaucratic procedures. The Interoperable Europe Board should propose projects to assist public sector bodies, and the Commission wsho should deciduld have the discretion to evaluate and determine whether to set upproceed with these projects, considering their potential impact on deregulation.
Amendment 9 #
2022/0379(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Member States should ensure that local and regional authorities have the necessary resources, support, and expertise to actively participate in the implementation of interoperability measures. This may include providing appropriate training, sharing best practices, and facilitating the exchange of information and experiences between authorities at different levels.
Amendment 12 #
2022/0379(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down measures to promote the cross-border interoperability of network and information systems, which are used to provide or manage public services in the Union, by establishing common rules and a framework for coordination on public sector interoperability, with the aim of fostering. It recognizes that effective cooperation, understanding, and trust between public administrations are fundamental to achieving the objectives of this Regulation and to the development of interoperable trans-European digital public services infrastructure.
Amendment 13 #
2022/0379(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation applies to public sector bodies of Member States and institutions, bodies, and agencies of the Union that provide or manage network or information systems that enable public services to be delivered or managed electronically. enabling the delivery or management of public services electronically. It emphasizes that compliance with the requirements of this Regulation shall contribute to fostering cooperation, understanding, and trust among public administrations.
Amendment 14 #
2022/0379(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) where the intended set-up or modification affects one or more network and information systems used for the provision of cross-border services across severalmultiple sectors or administrations;
Amendment 15 #
2022/0379(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The interoperability assessment shall be carried out in a binding manner before tmaking decisions on the legal, organisational, semantic or technical requirements for the new or modified network and information system in a binding manner. A single interoperability assessment may be carried out to address a set of requirements and several network and information systems.
Amendment 16 #
2022/0379(COD)
3. The nNational competent authorities and the interoperability coordinators shall provide the necessary support to carry out the interoperability assessment. The Commission may provide technical tools to supportfacilitate the assessment.
Amendment 17 #
2022/0379(COD)
Proposal for a regulation
Article 3 – paragraph 4 – point a
Article 3 – paragraph 4 – point a
(a) a description of the intended operation and its impacts on the cross- border interoperability of one or severalthe relevant network and information systems concerned, including the estimated costs for the adaptation of the network and information systems concerned;.
Amendment 18 #
2022/0379(COD)
Proposal for a regulation
Article 3 – paragraph 4 – point b
Article 3 – paragraph 4 – point b
(b) a description of the level of alignment of the relevant network and information systems concerned with the European Interoperability Framework, and with the Interoperable Europe solutions, both before and after the operation and where it has improved compared to the level of alignment before the operation;, highlighting improvements in alignment.
Amendment 23 #
2022/0379(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. A public sector body or an, institution, body or agency of the Union shall make available to any other such entity that requests it, interoperability solutions that support the public services that it delivers or manages electronicallshare interoperability solutions that support the electronic delivery or management of public services with any other requesting entity. The shared content shall include the technical documentation and, where applicable, the documented source code. This obligation to share shall not apply to any of the following interoperability solutions:
Amendment 39 #
2022/0379(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Member States shall set upestablish the necessary cooperation structures between, taking into account the principle of subsidiarity, to involve all national and local authorities involved in the implementation of this Regulation. Thoese structures should be designed to allow local and regional authorities to actively participate in determining the pace and degree of implementing interoperability, and they may build on existing mandates and processes in the field.
Amendment 41 #
2022/0379(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 (new)
Article 21 – paragraph 2 – subparagraph 1 (new)
Amendment 63 #
2021/0394(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Mere access to judicial authorities does not automatically constitute effective access to justice. The digital switchover is a key step towards improving not only access to justice, but the efficiency, quality and transparency of justice systems.
Amendment 65 #
2021/0394(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Digitalisation of proceedings in civil and criminal matters should be encouraged with the aim of strengthening the rule of law and the fundamental rights guarantees in the Union, particularly by facilitating access to justice and effective judicial protection.
Amendment 72 #
2021/0394(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) This Regulation seeks to improve the effectiveness and speed of judicial procedures and facilitate access to justice by digitalising the existing communication channels, which should lead to cost and time savings, reduction of the administrative burden, and improved resilience in force majeure circumstances for all authorities involved in cross-border judicial cooperation. The use of digital channels of communication between competent authorities should lead to reduced delays in processing of the cases, which should benefit individuals and legal entities. This is also particularly important in the area of cross-border criminal proceedings in the context of the Union’s fight against crime. In this regard, the high level of security that digital channels of communication can provide constitutes a step forward, also with respect to safeguarding the rights of the persons concerned and protection of their privacy and personal data, strengthening confidence in justice systems and increasing the possibility of achieving a higher degree of compliance with the rule of law.
Amendment 73 #
2021/0394(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) This Regulation seeks to improve the efficiency and effectiveness and speed of judicial procedures and facilitate access to justice by digitalising the existing communication channels, which should lead to cost and time savings, reduction of the administrative burden, and improved resilience in force majeure circumstances for all authorities involved in cross-border judicial cooperation. The use of digital channels of communication between competent authorities should lead to reduced delays in processing of the cases, which should benefit individuals and legal entities. This is also particularly important in the area of cross-border criminal proceedings in the context of the Union’s fight against crime. In this regard, the high level of security that digital channels of communication can provide constitutes a step forward, also with respect to safeguarding the rights of the persons concerned and protection of their privacy and personal data.
Amendment 79 #
2021/0394(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) It is important that appropriate channels are developed to ensure that justice systems can efficiently cooperate digitally. Therefore, it is essential to establish, at Union level, an information technology instrument that allows swift, direct, interoperable, reliable and secure, secure and efficient cross-border electronic exchange of case related data among competent authorities.
Amendment 127 #
2021/0394(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to facilitate oral hearings in proceedings in civil, commercial and criminal matters with cross-border implications, this Regulation should provide for the optional use of videoconferencing or other distance communication technology for the participation of the parties in such hearings. The procedure for applying and conducting of hearings through videoconferencing or other distance communication technology should be governed by the law of the Member State conducting the videoconference. CMember States should make every effort to ensure that videoconferencing is available in cross-border proceedings. However, conducting a hearing by videoconferencing or other distance communication technology should not be refused solely based on the non-existence of national rules governing the use of distance communication technology. In such cases the most appropriate rules available under the national law, such as rules for taking of evidence, should apply mutatis mutandis.
Amendment 149 #
2021/0394(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. This Regulation shall apply only to existing procedures and does not amend rules of these procedures in substance.
Amendment 164 #
2021/0394(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where electronic communication in accordance with paragraph 1 is not possible due to the disruption of the decentralised IT system, the nature of the transmitted material o, the sensitive nature of criminal proceedings or other exceptional circumstances, the transmission shall be carried out by the swiftest, most appropriate and reliable alternative means, taking into account the need to ensure a secure and reliable exchange of informationensuring a secure exchange of information, based on the assessment of competent national authorities.
Amendment 173 #
2021/0394(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where the use of the decentralised IT system is not appropriate in view of the specific circumstances of the communication in question, any other means of communication may be used by the competent authority.
Amendment 184 #
2021/0394(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a The obligations set out in the Article 3 (1), (2) and (3) and the possibility to use alternative means of exchanging information do not affect the admissibility of the evidence collected.
Amendment 206 #
2021/0394(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Written electronic communication between natural or legal persons and competent authorities falling within the scope of the legal acts listed in Annex I, may be carried out by the following electronic means:
Amendment 220 #
2021/0394(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Hearing through videoconferencing or other distance communication technology in cross-border civil and commercial matters
Amendment 246 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5 a. During the remote hearing, the court should be able to continuously monitor the quality of the image and sound of the video connection in order to ensure that any technical problems do not affect the right of the parties to participate effectively in the proceedings
Amendment 249 #
2021/0394(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Hearing through videoconferencing or other distance communication technology in cross-border criminal proceedings
Amendment 280 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The confidentiality of communication between suspects, accused or convicted persons and their lawyer before and during the hearing through videoconferencing or other distance communication technology shall be ensured. The defendants should be able to communicate with their legal representative over a secured system. The use of a secured line, different from the video connection provided for the remote hearing,´will be ensured.
Amendment 288 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. A suspect, an accused and the convicted person shall havebe informed about the right to an effective legal remedy under national law in the event of a breach of this Article.
Amendment 289 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
7 a. Each Member State shall take the necessary measures to ensure that, where the person is being heard within its territory in accordance with this Article and refuses to testify when under an obligation or does not testify the truth, its national law applies in the same way as if the hearing took place in a national procedure.
Amendment 290 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 7 b (new)
Article 8 – paragraph 7 b (new)
7 b. On the conclusion of the videoconference, the national authority shall draw up minutes indicating the date and place of the hearing, the identity of the person heard, the identities and functions of all other persons participating in the videoconference, any oaths taken and the technical conditions under which the hearing took place.
Amendment 291 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 7 c (new)
Article 8 – paragraph 7 c (new)
Amendment 316 #
2021/0394(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Every fivetwo years after the date of application of Article 25, the Commission shall carry out an evaluation of this Regulation and present to the European Parliament and to the Council a report supported by information supplied by the Member States and collected by the Commission.
Amendment 322 #
2021/0394(COD)
Proposal for a regulation
Chapter VI a (new)
Chapter VI a (new)
VI a Training Member States shall provide the competent authorities, judges, court staff, and legal practitioners with sufficient training in IT solutions. Member States shall encourage the authorities to share best videoconferencing practices in order to reduce costs and increase efficiency.
Amendment 330 #
2021/0394(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. Member States shall start using the decentralised IT system referred to in Articles 3(1), and 5(1) and (2) from the first day of the month following the period of twone years after the adoption of the implementing act referred to in Article 12(3).
Amendment 332 #
2021/0394(COD)
2. Member States shall start using the decentralised IT system referred to in Articles 3(1), and 5(1) and (2) from the first day of the month following the period of twoone years after the adoption of the implementing act referred to in Article 12(4).
Amendment 334 #
2021/0394(COD)
Proposal for a regulation
Article 24 – paragraph 3 – introductory part
Article 24 – paragraph 3 – introductory part
3. Member States shall start using the decentralised IT system referred to in 3(1), and 5(1) and (2) from the first day of the month following the period of twoone years after the adoption of the implementing act referred to in Article 12(5).
Amendment 336 #
2021/0394(COD)
Proposal for a regulation
Article 24 – paragraph 4 – introductory part
Article 24 – paragraph 4 – introductory part
4. Member States shall start using the decentralised IT system referred to in 3(1), and 5(1) and (2) from the first day of the month following the period of twoone years after the adoption of the implementing act referred to in Article 12(6).
Amendment 338 #
2021/0394(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
It shall apply from [the first day of the month following the period of twoone years after the date of entry into force].
Amendment 1 #
2021/0383(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Refuses to gGives its consent to the draft Council decision
Amendment 3 #
2021/0242(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) It is recommended to table and support proposals in RFMOs aiming at improved transparency standards, particularly regarding the beneficial ownership of vessels, potentially taking as a starting point the example of the Indian Ocean Tuna Commission (IOTC) which adopted, in 2019, a conservation and management measure mandating states to submit information on the beneficial owners of authorised vessels.
Amendment 4 #
2021/0242(COD)
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) It is important to continue to actively promote the constitution of new RFMOs or the setting-up of other regional arrangements where they do not exist, in particular for managing sustainably shared stocks, such as the small pelagic and demersal stocks in Western Africa, the Arctic, or the Southwest Atlantic.
Amendment 6 #
2021/0242(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) It is necessary to defend and strengthen the role of RFMOs in reinforcing mechanisms to fight against IUU fishing, such as collaborative work on the exchange of information regarding IUU vessels lists, submission of information to the FAO Global Record of Fishing Vessels, Refrigerated Transport Vessels and Supply Vessels, or the compulsory allocation of IMO numbers for distant water fishing vessels.
Amendment 7 #
2021/0242(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) It is useful to promote research, through studies and the establishment of working parties, on the socioeconomic impacts of resource exploitation on coastal communities, local job creation and food security.
Amendment 9 #
2021/0242(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘Catch monitoring form’ means the CDS document referred to in point 1 of the Annex to this Regulation that records information on the catch, transhipment, export, and import of SBF;
Amendment 11 #
2021/0242(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) ‘Catch tagging form’ means the CDS document referred to in the Annex, point 2, to this Regulation that records information on individual fish tagged;
Amendment 13 #
2021/0242(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) ‘Export or re-export form’ means the CDS document referred to in the Annex, point 3, to this Regulation that contains information on SBF already tracked on the catch monitoring form of an import that is, either in full or part, exported or re- exported;
Amendment 15 #
2021/0242(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point s
Article 3 – paragraph 1 – point s
(s) ‘CCSBT Transhipment declaration’ means Annex I to the CCSBT Resolution on Establishing a Program for Transhipment by Large-Scale Fishing Vessels17 ; __________________ 17 https://www.ccsbt.org/sites/default/files/us erfiles/file/docs_english/operational_resol utions/Resolution_Transhipment.pdfthe document referred to in the Annex, point 4, to this Regulation ;
Amendment 18 #
2021/0242(COD)
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts amending or supplementing this Regulation in accordance with Article 26 concerning measures adopted by CCSBT in the following areas:
Amendment 20 #
2021/0242(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. The Commission shall adopt, by ... [six months after the date of entry into force of this Regulation], a delegated act in accordance with Article 26 supplementing this Regulation with the CCSBT documents listed in the Annex to this Regulation. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend that delegated act subsequently.
Amendment 21 #
2021/0242(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Delegated acts amending or supplementing this Regulation in accordance with paragraph 1 shall be strictly limited to the implementation in Union law of amendments to the CCSBT conservation and management measures.
Amendment 24 #
2021/0242(COD)
Proposal for a regulation
Annex (new)
Annex (new)
Annex (1) The catch monitoring form set out in Appendix 1 to the CCSBT Resolution on the Implementation of a CCSBT Catch Documentation Scheme of 21 October 2021; (2) The catch tagging form set out in Appendix 1 to the CCSBT Resolution on the Implementation of a CCSBT Catch Documentation Scheme of 21 October 2021; (3) The export or re-export form set out in Appendix 1 to the CCSBT Resolution on the Implementation of a CCSBT Catch Documentation Scheme of 21 October 2021; (4) The CCSBT transhipment declaration set out in Annex I to the CCSBT Resolution on Establishing a Program for Transhipment by Large- Scale Fishing Vessels of 12 October 2017.
Amendment 22 #
2020/2276(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses that climate change is increasingly altering the distribution, productivity and species composition of the entire marine life chain, generation complex and inter-related impacts on oceans, estuaries and sea grass beds that provide habitats and nursery areas for fish. Scientists suggest that the most notable effect of climate change will be the poleward expansion of marine species. In line with the 2015 Paris Climate Agreement , the 2.0 strategy should focus on the need for effective and progressive transatlantic responses to climate change, through mitigation and adaptation measures, particularly to tackle the novel challenges for fisheries management and supply chain;
Amendment 24 #
2020/2276(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Recalls that fisheries has been a central plank in the economies on both sides of the Atlantic, making it fundamental to make joint progress on sustainable fisheries and trade policies that help combat illegal, unregulated and unreported (IUU) fishing, level the playing field for operators and prevent market access to unsustainably-sourced seafood products;
Amendment 27 #
2020/2276(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Notes with concern that the COVID19 pandemic has triggered a public health crisis followed by an ongoing economic crisis due to the measures taken by counties to contain the rate of infection. Urges the Commission to include in the Atlantic strategy measures to anticipate and tackle the impacts of the pandemic relating to changing consumer demands, market access, safety issues or logistical problems related to transportation and border restrictions of seafood and sea workers;
Amendment 31 #
2020/2276(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that the Atlantic coastline offers opportunities for other sectors with significant potential, such as renewable marine energy, research and shipbuilding; deplores the fact that no funding has been earmarked for the implementation of the strategy; takes the view that it should have an appropriate budget. ; emphasizes that the industrial expansion at sea of new sectors must be compatible with the precautionary approach principle and integrative environmental and socio- economic impact assessments;
Amendment 48 #
2020/0097(COD)
Proposal for a decision
Recital 5
Recital 5
(5) In order to be better prepared when confronted with such events in the future, urgent action is required for reinforcing the Union Mechanism. The need for a more flexible, faster and coordinated Union Civil Protection Mechanism to respond to large-scale emergencies is one of the lessons learned from the COVID-19 outbreak, which exposed the weakness of the current legal framework.
Amendment 49 #
2020/0097(COD)
Proposal for a decision
Recital 5 a (new)
Recital 5 a (new)
(5a) The frequency, intensity and complexity of natural disasters and forest fires require an extra level of solidarity at Union level. This situation was particularly visible during the 2017 forest fire season in Portugal, which motivated the rescEU proposal. The prevention and response capacity of the countries most affected by these phenomena is often fragile or insufficient and it is therefore essential and crucial that these Member States, such as Portugal (not participating in the transition phase), Spain, Italy or Greece, are included in the transition phases of the Union Mechanism in order to improve their capacities of prevention, preparedness and response to disasters.
Amendment 57 #
2020/0097(COD)
Proposal for a decision
Recital 8 a (new)
Recital 8 a (new)
(8a) The creation of a pool of resources brings together a series of rescue teams, experts and equipment that Member States always keep in standby mode for Union Civil Protection missions. It is essential that those teams meet demanding criteria of quality and reliability to ensure their interoperability.
Amendment 95 #
2020/0097(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Decision No 1313/2013/EU
Article 12 – paragraph 3 – subparagraph 3
Article 12 – paragraph 3 – subparagraph 3
rescEU capacities shall be hosted by the Member States that acquire, rent, lease or otherwise contract those capacities. As a way to enhance Union resilience, rescEU capacities acquired, rented, leased or otherwise contracted by the Commission are to be strategically pre-positioned inside the Union. In consultation with Member States, rescEU capacities acquired, rented, leased or otherwise contracted by the Commission could also be located in third countries via trusted networks managed by relevant international organisations .;
Amendment 17 #
2020/0000(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that investments in the green transition must be accelerated in order to create the conditions for Europe’s long-term growth and resilience of the European economy to future shocks;
Amendment 35 #
2020/0000(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that sufficient funding should be allocated to the Union Civil Protection Mechanism, in order to help tackle public health emergencies, forest fires, floods, earthquakes, and other natural and human-made disasters, the effects of which are expected to be further exacerbated by climate change; stresses that the need for a more flexible, faster and coordinated civil protection mechanism is one of the lessons learned from the COVID-19 outbreak, which exposed the weakness of the current legal framework;
Amendment 42 #
2020/0000(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the EU4Health Programme that contributes to address the significant structural needs identified in the COVID-19 crisis, setting out key action areas such as improvement of national health systems, availability and affordability of medicines and other crisis relevant products;
Amendment 8 #
2019/2213(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that problems related to water shortages, part of a trend, which is growing owing to natural phenomena and global warning, are one of the EU's main concerns and priorities for action. If nothing is done, economies will collapse and farming activity will be abandoned in large areas because it will be impossible to maintain animal feed and irrigation, resulting in people abandoning those areas and increased desertification. Desertification in the EU is a growing threat that requires more action, strategies and proper financing.
Amendment 17 #
2019/2213(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. The multiannual financial framework will be negotiated in unprecedented circumstances, including those resulting from Brexit, and under a different economic and social reality. The guarantee of a transition to an economy which is more efficient and prepared when it comes to addressing the challenges resulting from climate change cannot be used to justify reducing financing for cohesion policy and the common agricultural policy, which play a decisive role in environmental matters.
Amendment 7 #
2019/2211(INI)
Draft opinion
Paragraph 2 – subparagraph 1 (new)
Paragraph 2 – subparagraph 1 (new)
Underline that a coherent and consistent industrial policy and an ambitious green deal must be debated together in order to deliver smart solutions.
Amendment 12 #
2019/2211(INI)
Draft opinion
Paragraph 3 – subparagraph 1 (new)
Paragraph 3 – subparagraph 1 (new)
Notes that the European Semester needs to place a stronger focus on environmental sustainability by providing guidance to member States on where structural reforms and investments towards a sustainable economic model are most needed.
Amendment 23 #
2019/2211(INI)
Draft opinion
Paragraph 5 – subparagraph 1 (new)
Paragraph 5 – subparagraph 1 (new)
Calls on the European Commission to create a real protection strategy for forests which must be developed in close cooperation with the Member States and their national forestry policies. This strategy must provide a coherent framework for sustainable forest management having in account their role in the fight against climate change and biodiversity loss.
Amendment 24 #
2019/2211(INI)
Draft opinion
Paragraph 5 – point 1 (new)
Paragraph 5 – point 1 (new)
(1) Calls for greater coherence of the Civil Union Protection Mechanism with other EU policies in the field of disaster prevention and preparedness, such as the EU strategy for climate change adaptation, the European Structural and Investment Funds, the Solidarity Fund, the environmental legislation, research or innovation policies.
Amendment 25 #
2019/2211(INI)
Draft opinion
Paragraph 5 – point 2 (new)
Paragraph 5 – point 2 (new)
(2) Welcomes the decision of the European Commission to include in the new list of energy projects the completion of the energy interconnections between Portugal, Spain and France. Notes that these interconnections are essential for renewable energy sources to thrive and make Europe world number one in renewable energy and strengthening the security of energy supply across Europe.
Amendment 6 #
2019/2161(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to Council Directive (EU) 2017/159 of19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers ‘Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche),
Amendment 8 #
2019/2161(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
— having regard to the 2019 European Economic and Social Committee opinion on the Social dimension of fisheries (NAT/776),
Amendment 16 #
2019/2161(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to the STECF report on Social data in EU fisheries sector (19-03),
Amendment 20 #
2019/2161(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the common fisheries policy (CFP) aims to ensure that fishing and aquaculture are sustainable in the long term and that this sustainability is based on three pillars – environmental, social and economic; whereas in order to reach social sustainability fisheries policies should integrate, improve and focus on labour conditions, health and safety, job creation, training, social inclusion and a fair standard of living; whereas in many fishing communities and regions of the EU, the social importance of the fisheries sector outweighs its direct economic contribution;
Amendment 26 #
2019/2161(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
— whereas the unprecedented crisis caused by the COVID-19 pandemic has hit especially hard fishers across Europe as a consequence of health, trade and market disruptions; whereas despite the safety risks and low prices of fish, fishers have continue fishing; whereas during theCOVID-19 crisis fishers have been identified as fundamental workers that exercise critical occupations for the economies and population by ensuring the availability of (sea)food, being one of the first important links of the food chain; whereas the COVID-19 pandemic has evidenced the importance for the EU to secure its food sovereignty;
Amendment 27 #
2019/2161(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the current lack of comprehensive data and scientific analysis on the social aspects of the CFP compromise fishery policy-making; whereas these data could for instance inform initiatives to promote fishing as a successful working career, as a way of contributing to the livelihood of coastal communities or to facilitate access to the profession of young people.
Amendment 41 #
2019/2161(INI)
Motion for a resolution
Recital F
Recital F
Amendment 69 #
2019/2161(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas while the state of fish stocks in the EU is generally improving, the number of fishing vessels, the fishing capacity and direct employment generated by the sector are constantly decreasing year after year according to the STECF annual economic report 2019
Amendment 74 #
2019/2161(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas Illegal, Unreported and Unregulated (IUU)fishing is often linked with labour abuse, however the current EU IUU definition does not incorporate it; whereas the IUU Regulation only seeks to ensure that illegally-caught fish does not enter the EU market and does not ensure that fish associated with serious labour infringements and violation of fundamental human rights on board the fishing vessel is also banned from import.
Amendment 79 #
2019/2161(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas the COVID-19 pandemic further demonstrates the importance of European self-sufficiency in food;
Amendment 95 #
2019/2161(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the STECF report on Social data on the EU fisheries sector as the first report of its kind, providing a comprehensive overview of the social data collected under the EU Data Collection Framework; Calls for future STECF reports on social data to improve the existing social indicators and include new elements for analysis, such as employment status of fishers (owner, self- employed or employed), data on whether a fisher works for a cooperative or for a company, data concerning social security such as the age when a fisher should stop working (pension), data on sick leave due to work caused illnesses or work related incidents, data on open-ended or temporary employment contracts, data on temporary agencies’ workers, data on how the wages are determined – be that a fixed salary, percentage of the catch or other criteria, data on the working time, data on work-related accidents and incidents solely relating to the fishing industry;
Amendment 108 #
2019/2161(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that, despite international and EU efforts to improve safety conditions on board vessels, particularly fishing vessels, the international conventions setting out the rules and systems for the protection of ships and persons on board apply onmainly apply to larger and newly built vessels;
Amendment 114 #
2019/2161(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls the steps taken internationally, particularly under the Torremolinos Protocol (1993) and the Cape Town Agreement (2012), to amend and improve the Torremolinos Convention (1977), which was established as a means to address fishing vessel safety, and points out that, even with the 2012 reduction in requirements, this Convention is still not in force; Recalls that this Convention has been transposed into EU legislation through the Council Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length and over;
Amendment 122 #
2019/2161(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission and the Member States to ensure that the best safety, work and living standards are in place on fishing vessels, regardless of their size; proposes that steps be taken to establish basic legal rules applicable in a uniform and cross-cutting manner to the entire EU fishing fleet, taking into account specific characteristics concerning vessel size and the types of fishing operation for which vessels are intendedreminds Member States of the importance of transposing Directive (EU) 2017/159, which incorporates ILO Convention No 188 into the Union’s acquis, into their national law, being conscious that the deadline set for transposition was 15 November2019; recalls that given the large number of self-employed fishermen in the EU, and the fact that the Directive does not cover them, it is necessary for the Member States to ratify Convention No 188; calls on Member States to urgently ratify the ILO C188 to ensure a level playing field and fair competition among fishing companies across the world, especially considering the strong international dimension of the fishing sector; urges Member States to provide the necessary resources for it to be transposed into national legislation and applied effectively and, where appropriate, delegating inspection and document issuance functions to classification societies, given the current problems in coordinating these functions in some countries; urges the Commission to present, as quickly as possible, a proposal for an accompanying Directive on control and enforcement provisions, as was done for the maritime transport sector, in order to establish a harmonised inspections system;
Amendment 133 #
2019/2161(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Include in the Common Fisheries Policy overarching social objectives in parallel with environmental objectives, acknowledging that the wellbeing of workers on board of fishing vessels is essential for the future of the industry.
Amendment 134 #
2019/2161(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Underlines the clear contradiction between the CFP and the requirements set out in social legislation such as the ILO C188 Work in Fishing Convention, transposed in European legislation by Directive (EU) 2017/159; stresses that according to these legal texts, there is a requirement for more space on board, on a mandatory basis for vessels of 24 metres in length or over, while the fishing industry is prevented to increase space on board; highlights the contradiction between the need for Member States to respect C188 standards while at the same time the CFP rules make the obligation impossible to fulfil; urges the European Commission to identify alternative formulas for measuring fishing capacity, in the context of the EMFAF, reaffirms that an increase in the gross tonnage of vessels should be permitted when the additional volumes are a response to the need to improve the safety and comfort of crews (also known as social or safety tonnage) and that these operations should be eligible for funding; emphasises that the space on board destined to the kitchen, cabins, toilets or recreational areas have nothing to do with the ability of the vessel to find, catch or store fish and therefore, the fishing capacity.
Amendment 135 #
2019/2161(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Recalls that the average age in years of ships in the European fleet is 23, which for small-scale vessels can even go beyond 40 years old. The future EMFAF should include a strategy for fleet modernisation without increasing fishing capacity;
Amendment 159 #
2019/2161(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Stresses that knowledge and innovation are essential to ensuring that the fisheries sector grows in a smart, resilient and sustainable manner;
Amendment 168 #
2019/2161(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Points out that, despite the dangers of fishing activity, there is no reason to exclude or hamper access for women to this profession, as demonstrated by the increasing number of female crew members and skippers on working fishing vessels; observes that there are fortunately a number of particularly active associations representing women employed in the fisheries sector, especially in the regionalEuropean Union fisheries advisory councils;
Amendment 175 #
2019/2161(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Considers that the current capacity measurements rules jeopardise women’s access to the sector since separate cabins, toilets and showers are needed to guarantee their privacy and well-being.
Amendment 199 #
2019/2161(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Stresses the significant contribution of fishermen to the advancement of scientific knowledge, through both their direct involvement in the collection of fishing data, collaboration with the scientific community and the provision of additional information regarding the state of the marine environment, species and habitats and the conservation thereof;
Amendment 206 #
2019/2161(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Recognises fishers as food suppliers and essential workers, who even during catastrophic events such as the COVID-19 pandemic, continued to secure daily landings in challenging environments; Calls for the allocation of sufficient European public resources to support EU fishers’ hard work and commitment to sustainability via targeted campaigns aimed at boosting sustainable EU-produced seafood consumption which ultimately contributes to self-sufficiency and reduces the Union market's dependence on seafood imports;
Amendment 214 #
2019/2161(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Points out that the involvement of young people and generational renewal will not only ensure the continuity of the oldest activity of the blue economy, but also maintaining population in rural areas, preserving the cultural heritage of many coastal communities; considers vital to keep younger generations better informed and more aware of sustainability issues and of the need for all to contribute to tackling and combating climate change, which is impacting hardest on sea and coastal areas around the planet;
Amendment 232 #
2019/2161(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Points out that improvements in the conservation status of fish stocks have boosted fishermen’s productivity and average earnings, as well as achieving a reduction in carbon dioxide and other greenhouse gas emissions; notes that fishermen have been increasingly involved in the collection of all marine refuselitter, including but not only lost or abandoned fishing gear, and that their ecological contribution in this respect should be recognised and encouraged;
Amendment 235 #
2019/2161(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Stresses the need for the Member States to establish the economic incentives and port infrastructure needed to collect and recycle properly the waste and plastic picked up by young fishers that, in return, may deliver them financial gains on top of their main activity;
Amendment 244 #
2019/2161(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Points out that investment in generational renewal should continue to be a priority for the EU, that one of the main successes of our common project is self-sufficiency in food and that the gradual ageing of those working in the fisheries sector constitutes a real risk;
Amendment 261 #
2019/2161(INI)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Stresses the importance of increased investment in the research, modernisation and innovation that would benefit young fishers and coastal communities;
Amendment 270 #
2019/2161(INI)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
48a. Points out that the next generation of European fishers will not only make the EU's sector more competitive in the future but also play a part in securing food supplies in Europe over the coming years;
Amendment 273 #
2019/2161(INI)
Motion for a resolution
Paragraph 48 b (new)
Paragraph 48 b (new)
48b. Concludes that this report provides us with a unique opportunity to highlight the value of the future face of the European fisheries sector, which is strategically important, and to show Europe which path to follow: more young fishers, better fishing and better practices;
Amendment 183 #
2019/2160(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to draw up an EU-level action plan to combat litteringMember States to establish the incentives and port infrastructure needed to effectively collect and recycle the waste and plastics caught by fishermen, from which the latter can, in return, benefit financially in addition to their main activity;
Amendment 192 #
2019/2160(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Member States to take action to clear up areas in rivers and estuaries where marine waste has accumulatedCalls on the Commission to ensure sufficient funding and enable Member States to apply for specific funds to clear up all types of plastic-derived pollutants, other than those resulting from fishing gear;
Amendment 26 #
2019/0070(COD)
Proposal for a decision
Recital 2 a (new)
Recital 2 a (new)
(2a) Every year, Europe is ravaged by forest fires that destroy thousands of hectares of forest and lives. In 2017, the mechanism was activated 18 times in response to forest fire emergencies in Europe. Portugal, Italy, Montenegro, France and Albania received assistance with tackling forest fires through the mechanism. It was also activated following a request from the Chilean Government. The European Union is able to help Chile to tackle one of the worst forest fires in its history through support from Portugal, Spain and France, along with an EU civil protection team made up of nine experts. In 2019, the mechanism was activated five times to combat forest fires in Europe. Two requests came from Sweden and one each from Portugal, Greece and Latvia. In total, the EU’s response included 5 planes, 6 helicopters, more than 400 firefighters and crew members and 69 vehicles.
Amendment 27 #
2019/0070(COD)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) Stresses the need to step up prevention and preparation efforts by participating states, including through the incentive to improve research on preventing disasters and preparing for them and to improve the quality of information available on disasters and the accessibility of that information.
Amendment 31 #
2019/0070(COD)
Proposal for a decision
Recital 4 a (new)
Recital 4 a (new)
(4a) The establishment of a specific reserve of response capacities brings together a number of emergency teams, experts and equipment that the Member States always keep on standby for EU civil protection missions. These teams must meet demanding quality and reliability criteria, which enable interoperability.
Amendment 33 #
2019/0070(COD)
Proposal for a decision
Recital 6
Recital 6
(6) To make it possible to continue financing the Union Civil Protection Mechanism for the period covered by the next multiannual financial framework, the financial envelope set out in Article 19 of Decision No 1313/2013/EU needs toshall be updated and replaced by the new figures provided for in the Commission’s proposal for the 2021-2027 multiannual financial framework11. _________________ 11 COM(2018) 321 final.
Amendment 36 #
2019/0070(COD)
Proposal for a decision
Recital 9 a (new)
Recital 9 a (new)
(9a) The Union Civil Protection Mechanism is anchored in the promotion of solidarity between Member States. When unpredictable climate change- related disasters take place, the mechanism provides for the administration of means to tackle operational challenges and requirements. The new specific reserve of response capacities will therefore need to be decentralised and its operational bases in different Member States, according to their needs and the disasters to which they are most exposed. In other words, the Member States that are most affected by climate change and, therefore, by the increase in the frequency and intensity of disasters should be at the forefront of considerations when decisions are made regarding where to locate these reserves, thus ensuring a more effective and quicker response.
Amendment 2 #
2018/2037(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to Articles 40 and 42 of the Treaty on the Functioning of the European Union (TFEU) establishing a Common Market Organisation in agricultural products and the extent to which rules on competition apply to production of and trade in agricultural products,
Amendment 86 #
2018/2037(INI)
Motion for a resolution
Recital C
Recital C
C. whereas over the years the CAP has undergone regular re-programming in line with new challenges, but another step in this continuous process of modernisation and simplification, building on previous reforms, is now necessary to tackle the challenges of food security, environmental protection and climate change and to increase EU added value;
Amendment 90 #
2018/2037(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas EU agriculture is at a turning point from an economic, technological and environmental perspective and that a strong and renewed ambition at EU level needs to provide the EU agricultural sector visibility and certainty with regards to the challenges arising from the impacts of Brexit and of the multilateral and bilateral trade agenda;
Amendment 115 #
2018/2037(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas such a new delivery model should ensure a direct relationship between the EU and European farmers;
Amendment 132 #
2018/2037(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas direct payments must be more targeted to farmers, as those who contribute to the stability and the future of our rural regions and who face economic market risks;
Amendment 143 #
2018/2037(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas specific tools for Mediterranean sectors should remain in the first pillar;
Amendment 145 #
2018/2037(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas it is essential to provide flexible and responsive tools to help sensitive and strategic sectors cope with structural changes, such as the potential impacts of Brexit or of approved bilateral trade agreements with the EU’s main partners;
Amendment 152 #
2018/2037(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas sectorial strategies for fruits and vegetables, wine and apiculture should remain compulsory for the producing countries and the specificities of these tools and rules should be kept;
Amendment 167 #
2018/2037(INI)
Motion for a resolution
Recital G
Recital G
G. whereas it is essential to ensure a fair standard of living for farmers across regions and Member States, affordable prices for citizens and consumers, and access to quality food and healthy diets, while delivering on the commitments for environmental care, climate action, and animal and plant health and welfare;
Amendment 215 #
2018/2037(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the emergence of new challenges, such as increasing global trade, is necessitating a common level playing field based on fair and sustainable conditions for the global exchange of goods and services as well as renewed and efficient trade defence mechanisms, within the framework of the WTO and in accordance with existing EU social, economic and environmental standards, which should be promoted;
Amendment 222 #
2018/2037(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the application of the CAP framework in the Outermost Regions should fully explore the scope of Article 349 of the TFUE that should be used in its entirety;
Amendment 244 #
2018/2037(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the CAP has progressively integrated environmental objectives by ensuring that its rules are compatible with and farmers comply to the environmental requirements laid down in Union legislation and promote sustainable farming practices that preserve the environment and biodiversity;
Amendment 246 #
2018/2037(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas direct investment support should be better targeted to the dual demands of economic and environmental performance and consider the needs of the farms themselves;
Amendment 299 #
2018/2037(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas less-favoured areas, such as mountainous and outermost regions, should continue to be compensated by the CAP for the extra costs associated with their specific constraints in order to maintain farming activity in such areas;
Amendment 307 #
2018/2037(INI)
Motion for a resolution
Recital M b (new)
Recital M b (new)
Mb. whereas in the framework of the global EU strategy on forest, special attention should be paid to the Mediterranean forests, which suffer more from climate change and fires, putting at risk potential for agricultural production and biodiversity;
Amendment 316 #
2018/2037(INI)
Motion for a resolution
Recital N
Recital N
N. whereas it is essential to ensure fair competition within the single market, within the sector and with other players in the food supply chain, both up and downstream, and to further strengthen incentives to prevent risks and crises with active management tools to be deployed at sectorial level and by public authorities;
Amendment 388 #
2018/2037(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that any renationalisation attempts of the CAP, via co-financing of the first pillar or disproportionate use of the subsidiary principle, must be avoided as it would lead to much worst imbalances for competition in the single market;
Amendment 406 #
2018/2037(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that subsidiarity for Member States should only be granted within a common set of rules and tools agreed at EU level, understood as a coherent room for manoeuvre and reasonable level of flexibility, should only be granted within a common set of rules, basic standards, tools and financial allocations agreed at EU level by the co-legislator as part of a uniform approach to all programming efforts and eligibility criteria, should cover both of the CAP’s pillars and ensure, in particular, a European approach in Pillar I and thus a level playing field;
Amendment 413 #
2018/2037(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that subsidiarity for Member States should only be granted within a strong common set of rules and tools agreed at EU level as part of a uniform approach to all programming efforts and eligibility criteria, should cover both of the CAP’s pillars and ensure, in particular, a European approach in Pillar I and thus a level playing field;
Amendment 431 #
2018/2037(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that farmers should be allowed to select, among those European tools, the most effective ways and means of achieving the goals set at EU level;
Amendment 478 #
2018/2037(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to ensurbe in charge of the that financial and performance control and audit functions are performed towith the aim of warranting the same standard and under the same criteria across all Member States, irrespective of enhanced flexibility for Member States in programme design and management, and with a view, in particular, to ensuring a timely disbursement of funds across Member States to all eligible famers;
Amendment 493 #
2018/2037(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls onWelcomes the proposal of the Commission to grant more flexibility to Member States and regions within the framework of the agricultural de minimis rules;
Amendment 503 #
2018/2037(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that POSEI programs for outermost regions and the specific regime for Aegian Islands should be kept separated from the general EU direct payments scheme, since those regions face specific challenges due to their remoteness, insularity, small size, difficult topography and climate or economic dependence on few products;
Amendment 505 #
2018/2037(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls also on the Commission to provide Member States with more flexibility in the framework of the agricultural State aid rules to encourage farmers to setup voluntary precautionary savings in a view to better cope with the upsurge in climate-driven and health risks as well as economic crises;
Amendment 574 #
2018/2037(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is of the opinion that administrative burden in the Rural Development programs should be eliminated, and the current long approval procedure should be reviewed to avoid delaying the application of those programs in each multiannual financial framework.
Amendment 578 #
2018/2037(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that the CAP budget should be adapted to future needs and challenges, like those derived from the impacts of Brexit and of free-trade agreements adopted by the EU with its main trading partners;
Amendment 585 #
2018/2037(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Considers that the development of new EU policies and objectives must not be done to the detriment of a successful CAP;
Amendment 591 #
2018/2037(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Considers that the development of new EU policies and objectives must not be to the detriment of the CAP resources;
Amendment 594 #
2018/2037(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Considers that those delays strongly reduce the effectiveness of the programs and create huge uncertainty to European farmers;
Amendment 595 #
2018/2037(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Considers that New rural Development lines, which are not matched with extra funds, should be avoided;
Amendment 728 #
2018/2037(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need for a fair distribution of direct payments between Member States, which must take into account socio-economic differences, different production costs and the amounts received by Member States under Pillar II;.
Amendment 774 #
2018/2037(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that, provided that a level playing field in the single market can be guaranteed, voluntary coupled support (VCS) payments should be maintained, as a tool to counteract specific difficulties, particularly those arising from the structural competitive disadvantage of less- favoured and mountainous regions, as well as those which are more temporary in nature and arise from a shift away from the old entitlement scheme, for example;.
Amendment 792 #
2018/2037(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Believes that the Single Common Market Organisation’s sectorial schemes, especially the operational programmes in the Fruits and Vegetable sector, have proven their effectiveness in enhancing the competitiveness and the structuration of the targeted sectors as well as improving their sustainability;
Amendment 796 #
2018/2037(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Believes that VCS payments should, under precise and limited conditions, support sectors, especially livestock production, in regions where other policy tools are not available or are less efficient;
Amendment 804 #
2018/2037(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on the Commission to allow Member States to design similar sectorial and/or territorial schemes to support sectors facing difficulties arising from structural changes in international trade or in the socioeconomic conditions within the Member State (Brexit for example);
Amendment 805 #
2018/2037(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Special support for mountain areas, islands, outermost regions, and other less favoured areas should be maintained while special treatment should be granted to farmers who have extra costs due to specific constraints linked to high value natural areas;
Amendment 812 #
2018/2037(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Considers that generational renewal is one of the key challenges of the farming sector in the EU and should be one of the main crosscutting objectives of the next reform;
Amendment 856 #
2018/2037(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that better support should be given to young farmers since the current second-pillar start up support is not always efficient and does not encompass investment support;
Amendment 866 #
2018/2037(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Considers that financial instruments of the second pillar should also be further mobilised to support the entry of young farmers in the sector;
Amendment 869 #
2018/2037(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Supports initiatives aimed at promoting succession planning, facilitating and encouraging collaborative arrangements, such as partnerships, shared farming, contract rearing and leasing between old and young farmers;
Amendment 884 #
2018/2037(INI)
16. Underlines the importance of rural development, including the LEADER initiative, in supporting multi-functional agriculture and in fostering additional entrepreneurial activities and opportunities, in order to generate income from agri- tourism, and to secure community- supported agriculture and the provision of social services in rural areaforestry and in fostering the investments and innovation, additional entrepreneurial activities and opportunities, enhancing the provision of environmental and climate actions;
Amendment 908 #
2018/2037(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Underlines that rural development provides opportunities to generate income from agri-tourism, and to secure community-supported agriculture and forestry, the provision of social services in rural areas;
Amendment 928 #
2018/2037(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to introduce a new and comprehensivsimplified cross- compliance lregal framework which allows the integration ofime encompassing the various types of environmental actions at present, such as the current cross compliance, greening and the good agricultural and environmental conditions (GAEC) standards, as well a; stresses that this regime should be designed at EU level and clearly lay out what the measures and results are expected from farmers; considers that Pillar II’s agri- environment measures (AEMs) for rural developmshould be simplified, more targeted and efficient, so that farmers can deliver effectively and with less bureaucracy on environmental care, biodiversity and climate action, while ensuring that Member States have adequate control and taking into account local conditions;
Amendment 939 #
2018/2037(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to introduce a new and comprehensive legal framework which allows the integration of the various types of environmental actions at present, such as cross compliance, greening and the good agricultural and environmental conditions (GAEC) standards, as well as agri-environment measures (AEMs) for rural development, so that farmers can deliver effectively and with less bureaucracy on environmental care, biodiversity and climate action, such as the drought which has gradually been affecting some southern European countries, while ensuring that Member States have adequate control and taking into account local conditions;
Amendment 954 #
2018/2037(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Considers that the CAP needs to reconcile environmental ambition and competitiveness of farming;
Amendment 957 #
2018/2037(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Underlines that Mediterranean EU regions are more vulnerable to the impacts of climate change, such as drought, fires and desertification, so greater efforts will be required by farmers in these areas to adapt their activities to the altered environment;
Amendment 968 #
2018/2037(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Calls therefore on the Commission to introduce a new European incentive scheme instead of the first pillar’s green payments to support farmers who already adopted or wish to move towards environmentally sustainable and economically rewarding practices and production models (e.g. organic farming, conservation agriculture, integrated farming, precision farming and digitalised agriculture...);
Amendment 975 #
2018/2037(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Underlines that such efforts should be reflected and supported in the CAP policy framework, as climatic cohesion should be transversal to all common policies;
Amendment 980 #
2018/2037(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Stresses that such an eco-scheme should be simple and inclusive while defining under which conditions relevant practices and production models are eligible and how certification schemes controlled by public authorities could be used;
Amendment 982 #
2018/2037(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Adds that Member States in cooperation with the European Commission should also be able to design equivalence measures in their national strategies;
Amendment 1007 #
2018/2037(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recalls that some challenges, such as climate change, biodiversity and water management, go beyond the CAP and serve other policy objectives;
Amendment 1015 #
2018/2037(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Recalls that their funding should also be ensured by other instruments;
Amendment 1018 #
2018/2037(INI)
18c. Considers that the greater use of field residues as a renewable, efficient and sustainable source of energy for rural areas should be supported and promoted;
Amendment 1040 #
2018/2037(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Considers that support to direct investment, training and innovation should be better targeted to the dual demands of economic and environmental performance, and increased via national top-ups if farmers engage in this approach;
Amendment 1050 #
2018/2037(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Considers that the revision of the Single Common Market Organisation (SCMO) should not be detached from the proposals on the new delivery model, as it is still necessary to improve the mechanisms in place to deal with crises and to reinforce the role played by farmers in the food chain;
Amendment 1069 #
2018/2037(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Stresses that the CAP should promote the use of financial instruments and the European Fund for Strategic Investments (EFSI) to all farms and used to provide access to finance for bigger investments and projects;
Amendment 1096 #
2018/2037(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to maintain the current single common market organisation (SCMO) framework, includingespecially the marketing standards, the production management systems, the individual sector plans (wine, andpiculture, fruit and vegetables and other relevant sectors) and the EU school fruit, vegetables and milk scheme, with the ultimate aim of strengthening the sustainability and competiveness of each sector while enabling access for all farmers;
Amendment 1103 #
2018/2037(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Insists on maintaining the fruits and vegetables regime under the current rules, which are based on the application of operational programs by the Producer Organisations and the absence of dedicated national envelopes, and also on maintaining the EU current marketing standards in fruits and vegetables;
Amendment 1105 #
2018/2037(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses that such specific tools should remain in the first pillar and that sectorial strategies for fruits and vegetables, wine and apiculture should remain compulsory for the producing countries and their specificities should be kept;
Amendment 1112 #
2018/2037(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Recalls that management systems should be reinforced, mainly in fruits and vegetables, wine and olive oil;
Amendment 1116 #
2018/2037(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Calls for the introduction of a new self-help management tool for olive oil that would allow storage action in those years where there is an overproduction, to release it in the market when the production is below the demand;
Amendment 1121 #
2018/2037(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20d. Recalls that management systems should be reinforced, mainly in fruits and vegetables, wine and olive oil.
Amendment 1183 #
2018/2037(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Considers that supply management measures for cheeses and ham with a protected designation of origin or a protected geographical indication or for wine have proven their efficiency in improving the sustainability, the competitiveness and the quality of the targeted products and should therefore be maintained and, if appropriate extended to cover all quality-labelled products in line with the CAP objectives;
Amendment 1196 #
2018/2037(INI)
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22e. Stresses that the historical market management tools of the CAP (public intervention and private storage) no longer have sufficient efficiency in a global economy context;
Amendment 1198 #
2018/2037(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to allow and indeed encourage – drawing on the lessons learnt during the last market crises particularly in the dairy sector – activethe complementary use of innovative market and crisis management instruments, such as voluntary sector agreements to manage, and if appropriate reduce, supply in quantitative terms among producers, producers organisations, farmers’ associations and processors, and to examine the possibility of extending such instruments to other sectors;
Amendment 1223 #
2018/2037(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for an in-depth review of the current crisis reserve mechanism in order to create an independent financial instrument exempt from the budgetary principle of annuality, so as to permit budgetary transfers from one year to the next, thereby enabling quick and effective responses to crisis situations, such as the drought which has mainly affected southern European countries as climate change has worsened, including those involving animal and plant health, disease- related issues and food safety;
Amendment 1248 #
2018/2037(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that while trade agreements are beneficial to the EU agricultural sector overall, and necessary for strengthening the EU’s position on the global agricultural market, they also pose a number of challenges that require reinforcneed to be tackled, safeguard mechanismsuch as respect of EU sanitary and phyto-sanitary standards, to ensure a level playing field between farmers in the EU and in the rest of the world;
Amendment 1254 #
2018/2037(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Commission to review the current safeguard mechanisms available within the SCMO, which should play a preventive role for sensitive sectors based on reference volume and prices thresholds allowing the safeguard mechanisms to be triggered automatically when such thresholds are reached;
Amendment 1315 #
2018/2037(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses that Parliament and the Council should, via the co-decision procedure, set the general objectives, basic standards, measures and financial allocations, and determine the level of flexibility needed to enable the Member States to cope with their specificities and needs in line with the single market;
Amendment 1325 #
2018/2037(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on the Commission to introduce a transitional regulation which makes it possible, if there is a delay in the adoption of the CAP, for farmers to continue to have access to Rural Development Programme measures, particularly environment and investment measures;
Amendment 1332 #
2018/2037(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to propose, before the applicany substantial change in the design and/or the implementation of the NDMCAP, a transitional period long enough to ensure a soft landing and to avoid any delay in farmers’ annual payments and in the implementation of rural development programmes;
Amendment 125 #
2018/0218(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In view of tha possible decrease in the actual area planted with vines in several Member States in the years 2014-2017, and in view of the potential loss in production that might be ensuing, when establishing the area for new planting authorisations referred to in Article 63(1) of Regulation (EU) No 1308/2013, Member States should be able to choose between the existing basis and a percentage of the total area actually planted with vines in their territory on 31 July 2015 increased by an area corresponding to the planting rights under Regulation (EC) No 1234/2007 available for conversion into authorisations in the Member State concerned on 1 January 2016.
Amendment 140 #
2018/0218(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
Amendment 176 #
2018/0218(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Member States may, on request, decide to grant more than one recognition to a producer organisation operating in several sectors referred to in Article 1(2) of the Regulation (EU) 1308/2013 provided the producer organisation fulfils the conditions referred to in paragraph 1 of Article 154 of the Regulation (EU) 1308/2013 for each sector for which it seeks recognition.
Amendment 180 #
2018/0218(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Member States may, on request, decide to grant one or more recognition to an existing cooperative applying for recognition of producer organization, which fulfil the requirements laid down in the Article 154 paragraph 1 of the Regulation (EU)1308/2013.
Amendment 214 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 1308/2013
Article 6
Article 6
Amendment 246 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Regulation (EU) No 1308/2013
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) olive oil; 3b) Article 17 point b is amended as follows: "(b) olive oil and table olives; " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02013R1308- 20180101&from=FR)
Amendment 247 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 c (new)
Article 1 – paragraph 1 – point 3 c (new)
Regulation (EU) No 1308/2013
Article 17 – paragraph 1a (new)
Article 17 – paragraph 1a (new)
Amendment 249 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) No 1308/2013
Article 17 – paragraph 1 – point i a (new)
Article 17 – paragraph 1 – point i a (new)
Amendment 251 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 d (new)
Article 1 – paragraph 1 – point 3 d (new)
Regulation (EU) No 1308/2013
Article 19 – paragraph 6 a (new)
Article 19 – paragraph 6 a (new)
Amendment 324 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) No 1308/2013
Article 75 – paragraph 1 – point i a (new)
Article 75 – paragraph 1 – point i a (new)
(5a) In Article 75, paragraph 1, the following point is added: " (ia) rice; "
Amendment 326 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)
Article 1 – paragraph 1 – point 5 b (new)
(5b) In Article 75, paragraph 1, the following point is added: " (ib) honey; "
Amendment 328 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 c (new)
Article 1 – paragraph 1 – point 5 c (new)
Regulation (EU) No 1308/2013
Article 75 – paragraph 1 – point i c (new)
Article 75 – paragraph 1 – point i c (new)
Amendment 350 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 c (new)
Article 1 – paragraph 1 – point 6 c (new)
Regulation (EU) No 1308/2013
Article 79 a (new)
Article 79 a (new)
(6 c) The following Article is inserted: “Marketing rules concerning the olives and olive oil sectors In order to take account of the specific characteristics of the olives and olive oil sectors, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 harmonising marketing rules for table olives and olive oil.”
Amendment 351 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 d (new)
Article 1 – paragraph 1 – point 6 d (new)
Regulation (EU) No 1308/2013
Article 79 b (new)
Article 79 b (new)
(6d) The following Article is inserted: Blending of olive oil and other vegetable oils 1. The blending of olive oil and other vegetable oils shall be prohibited. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 227 establishing the sanctions for operators that do not comply with paragraph 1 of this article.
Amendment 428 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17 a (new)
Article 1 – paragraph 1 – point 17 a (new)
Regulation (EU) No 1308/2013
Article 116 a – paragraph 3 a (new)
Article 116 a – paragraph 3 a (new)
(17a) The checks provided for in paragraph 3 shall consist of administrative checks and on-the-spot checks. These controls may be limited to administrative checks only when they are secure and ensure full compliance with the requirements and conditions laid down in the specifications.
Amendment 429 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17 b (new)
Article 1 – paragraph 1 – point 17 b (new)
Regulation (EU) No 1308/2013
Article 167 a (new)
Article 167 a (new)
(17b) In section 3, chapter III, title II, the following article is added: Article 167a Marketing rules to improve and stabilize the operation of the common market in olives and olive oil 1. In order to improve and stabilize the operation of the common market in olives and olive oil, producer Member States may lay down marketing rules to regulate supply, particularly by way of decisions taken by interbranch organizations recognized under Articles 157 and 158. Such rules shall be proportionate to the objective pursued and shall not: (a) relate to any transaction after the first marketing of the produce concerned; (b) allow for price fixing, including where prices are set for guidance or recommendation; (c) render unavailable an excessive proportion of the vintage that would otherwise be available; (d) provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules. 2. The rules provided for in paragraph 1 shall be brought to the attention of operators by being published in full in an official publication of the Member State concerned. 3. Member States shall notify the Commission of any decisions taken under this Article.
Amendment 465 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EU) No 1308/2013
Article 121 – paragraph 2 a (new)
Article 121 – paragraph 2 a (new)
(19a) 2 a. When presenting the nutrition declaration referred to in Article 119(1)(g)(a), the word ‘energy’ may be replaced by the symbol ‘E’.
Amendment 468 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20 b (new)
Article 1 – paragraph 1 – point 20 b (new)
Regulation (EU) No 1308/2013
Article 122 – paragraph 1
Article 122 – paragraph 1
(20b) in Article 122 the following point is added: “In order to take into account the specific characteristics of the wine sector, the power to adopt certain acts should be delegated to the Commission. In particular the Commission should adopt an act concerning the application of Article 119, Point 1, letter (i), avoiding the displaying of ingredients by single batches.”
Amendment 472 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20 a (new)
Article 1 – paragraph 1 – point 20 a (new)
Regulation (EU) No 1308/2013
Article 122
Article 122
(20a) in Article 122, the following paragraph is added : “(4 a) In order to ensure the stability of the internal market and avoid diverging applications among Member States, the Commission shall adopt secondary legislation on the list of ingredients as referred to in paragraph 1 (b) (v a) before the entry into force of article 119(1), point g(b) and Article 119(3)(a).”
Amendment 500 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EU) No 1308/2013
Article 152 – paragraph 1 a (new)
Article 152 – paragraph 1 a (new)
(22 a) in Article 152 paragraph 1, the following point is added: “provided that the producer organisation concentrates supply and places the products of its members on the market, whether or not there is a transfer of ownership of agricultural products by the producers to the producer organisation;”
Amendment 626 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 29 a (new)
Article 1 – paragraph 1 – point 29 a (new)
Regulation (EU) No 1308/2013
Annex II – part IX – paragraph 2 a (new)
Annex II – part IX – paragraph 2 a (new)
(29a) In part IX of Annex II, the following point shall be added: (2a) “Pollen pellets” are accumulated pollen grains harvested by worker bees of the species Apis mellifera, which is compacted on their hind legs with the help of honey and/or nectar and bees’ secretion. The protein source for the colony, the product is natural, free from additives and harvested at the entrance to the hive.
Amendment 627 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 29 b (new)
Article 1 – paragraph 1 – point 29 b (new)
Regulation (EU) No 1308/2013
Annex II – part IX – paragraph 2 b (new)
Annex II – part IX – paragraph 2 b (new)
(29b) In part IX of Annex II, the following point shall be added: (2b) ‘Bee pollen’ or ‘bee bread’ is pollen pellets balls packed into honey combcells by bees and which undergo natural processing leading to the presence of enzymes and commensal microbiota. It is used by nurse bees to feed the brood. It may not contain any additives except wax from the honeycomb cells.
Amendment 664 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 32 a (new)
Article 1 – paragraph 1 – point 32 a (new)
Regulation (EU) No 1308/2013
Annex VII – Part I
Annex VII – Part I
(32a) -”Meat” means the edible parts of the animals as referred to in points 1.2 to 1.8 of Annex I of the Regulation EC 853/2004, including blood. - The meat-related terms and names that fall under Article 17 of Regulation (EU) No 1169/2011 and that are currently used for meat and meat cuts shall be reserved exclusively for edible parts of the animals. - “Meat preparations” mean fresh meat, including meat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes that do not alter the internal muscle fibre structure of the meat enough for the characteristics of fresh meat to be eliminated. - “Meat products” means processed products resulting from the processing of meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat. - Names that fall under Article 17 of Regulation (EU) No 1169/2011 that are currently used for meat products and meat preparations shall be reserved exclusively for products containing meat. Poultry products and cuts defined in Regulation (EU) No 543/2008, which lays down detailed rules for the application of Council Regulation (EU) No 1234/2007 as regards the marketing standards for poultry meat shall be reserved exclusively for edible parts of the animals and products containing poultry meat.
Amendment 788 #
2018/0218(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
Article 119, paragraph 1, point g (a), Article 119, paragraph 3 c, and Article 121,paragraph 2 a, shall apply to wine products bottled from 31 July following the entry into force of this Regulation. Operators who voluntarily wish to communicate to consumers the calories and /or ingredients for wine products from a marketing year beginning before the entry into force of this Regulation, shall apply in their entirety Articles 119 and 121.
Amendment 794 #
2018/0218(COD)
Proposal for a regulation
Article 7 – paragraph 2 b (new)
Article 7 – paragraph 2 b (new)
Article119(1), point g(b) and Article 119(3)(a) shall apply from ...five years after the entry into force of the present regulation].
Amendment 110 #
2018/0217(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) With a view to ensuring that the amounts for the financing of the CAP comply with the annual ceilings, the financial discipline mechanism by which the level of direct support is adjusted, should be maintained. However, the threshold of EUR 2000 should be abolished. An agricultural reserve should be maintained to support the agricultural sector in the event of market developments or major crises affecting the agricultural production or distribution. The crisis reserve should indeed be a functioning flexible tool, a mechanism which would enable the EU to better respond to any crisis that has EU-wide consequences on any of the agricultural sectors, especially in terms of the economy.Article 12(2)(d) of Regulation (EU, Euratom) [New Financial Regulation] foresees that non- committed appropriations may be carried over to to the following financial year only. In order to significantly simplify the implementation for beneficiaries and national administrations, a roll-over mechanism should be used, using any unused amounts of the reserve for crises in the agricultural sector established in 2020. For this purpose a derogation from Article 12(2)(d) is necessary, allowing for non- committed appropriations of the agricultural reserve to be carried over without time limitation to finance the agricultural reserve in the following financial year(s). Furthermore, as regards the financial year 2020, a second derogation is necessary as the total unused amount of the reserve available at the end of year 2020 should be carried over to the year 2021 to the corresponding line of the new agricultural reserve without being returned to the budgetary lines which cover direct payment interventions under the CAP Strategic Plan. The reserve should work outside of the scope of the MFF with a clear activation mechanism.
Amendment 263 #
2018/0217(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point c a (new)
Article 8 – paragraph 3 – subparagraph 1 – point c a (new)
(c a) risk management;
Amendment 264 #
2018/0217(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point c b (new)
Article 8 – paragraph 3 – subparagraph 1 – point c b (new)
(c b) techniques to optimise the economic performance of production systems;
Amendment 265 #
2018/0217(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point c c (new)
Article 8 – paragraph 3 – subparagraph 1 – point c c (new)
(c c) specific advice for farmers setting up for the first time;
Amendment 266 #
2018/0217(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point c d (new)
Article 8 – paragraph 3 – subparagraph 1 – point c d (new)
(c d) occupational safety standards or safety standards linked to farms;
Amendment 267 #
2018/0217(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point c e (new)
Article 8 – paragraph 3 – subparagraph 1 – point c e (new)
(c e) the sustainable management of nutrients on farms, especially in the most vulnerable areas.
Amendment 326 #
2018/0217(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
A reserve intended to provide additional support for the agricultural sector for the purpose of market management or stabilisation or in the case of crises affecting the agricultural production or distribution (“the agricultural reserve”) shall be established at the beginning of each year in the EAGFoutside the ceilings of the Multiannual Financial Framework.
Amendment 335 #
2018/0217(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
Appropriations for the agricultural reserve shall be entered directly in the Union's budget but operate outside the ceilings of the Multiannual Financial Framework.
Amendment 358 #
2018/0217(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
The amount of the agriculturalcrisis reserve shall be at least EUR 4300 million in current prices at the beginning of each year of the period 2021-2027. The Commission may adjust the amount of the agriculturalcrisis reserve during the year when appropriate in view of marketcrisis developments or perspectives in the current or following year and taking into account available appropriations under the EAGF.
Amendment 794 #
2018/0217(COD)
Proposal for a regulation
Article 86 – paragraph 2 – subparagraph 1
Article 86 – paragraph 2 – subparagraph 1
In the case of non-compliance due to negligence, the percentage of reduction shall be as a general rule maximum 3% of the total amount of the payments referred to in paragraph 1 of this Article.
Amendment 453 #
2018/0216(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘The Future of Food and Farming’ of 29 November 2017 sets out the challenges, objectives and orientations for the future Common Agricultural Policy (CAP) after 2020. These objectives include, inter alia, the need for the CAP to be more result-driven, market oriented, to boost modernisation and sustainability, including the economic, social, environmental and climate sustainability of the agricultural, forestry and rural areas, and to help reducing the Union legislation- related administrative burden for beneficiaries. The new policy should also provide simplification for beneficiaries and ensure an adequate income for them as per article 39 (b) of TFUE.
Amendment 469 #
2018/0216(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Since the CAP needs to sharpen its responses to the challenges and opportunities as they manifest themselves at Union, international, national, regional, local and farm levels, it is necessary to streamline the governance of the CAP and improve its delivery on the Union objectives and to significantly decrease the administrative burden on beneficiaries. In the CAP based on delivery of performance (‘delivery model’), the Union should set the basic policy parameters, such as objectives of the CAP and basiccommon requirements, while Member States should bear greater responsibility as to how they meet the objectives and achieve targets. Enhanced subsidiarity makes it possible to better take into account local conditions and needs, tailoring the support to maximise the contribution to Union objectives. Nevertheless, in order to ensure that such subsidiarity does not translate into a renationalisation of the CAP, this Regulation must include a strong body of European Union provisions designed to prevent the distortion of competition and ensure non- discriminatory treatment for all Community farmers throughout EU territory. Member States in their approach to reach these objectives shall ensure the decrease of administrative burden for beneficiaries.
Amendment 481 #
2018/0216(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The use of common definitions entirely set at Union level has caused certain difficulties for Member States to cater their own specificities at national, regional, and local level. Member States should therefore be given theMember States should therefore be given a certain level of flexibility to specify certain definitions in their CAP Strategic Plan. In order to ensure a common level playing field, a certain framework has, however, to be set at Union level constituting the necessary common essential elements to be included in those definitions (‘framework definitions’).
Amendment 492 #
2018/0216(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to retain the essential Union-wide elements to ensure comparability between Member State decisions, without however limiting Member States in reaching Union objectives, a framework definition for ‘agricultural area’ should be set out. The related framework definitions for ‘arable land’, ‘permanent crops’ and ‘permanent grassland’ should be set out in a broad way to allow Member States to further specify definitions according to their local conditions. The framework definition for ‘arable land’ should be laid down in a way that allows Member States to cover different production forms, including system such as agroforestry and arable areas with shrubs and trees and that requires the inclusion of fallow land areas in order to ensure the decoupled nature of the interventions. The framework definition of ‘permanent crops’ should include both areas actually used for production and not, as well as nurseries and short rotation coppice to be defined by Member States. The framework definition of ‘permanent grassland’ should be set in a way that allows Member States to specify further criteria and allows them to include species other than grasses or other herbaceous forage that can be grazed, whether exclusively or not, or that may produce animal feed, whether used for actual production or not. Having in mind the goal to simplify the framework should avoid additional burden for farmers or the involvement of non-realistic agronomic or economic requirements.
Amendment 512 #
2018/0216(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In view of further improving the performance of the CAP and guarantee a fair distribution of direct payments, income support should be targeted to genuine farmers. In order to ensure a strong common approach at Union level for such a targeting of support, a framework definition for ‘genuine farmer’ displaying the essential elements should be set outcommon elements should be set out. This definition should be based on real and effective agricultural activity, providing it targets active farmers, those that produce feed, fibres and renewable energy - those who contribute to a sustainable sector and provide public goods and growth. On the basis of this framework, Member States should define in their CAP Strategic Plans which farmers are not considered genuine farmers based on conditions such as income tests, labour inputs on the farm, company object and inclusion in registers. It should also not result in precluding support to pluri-active farmers, should not be precluded, who are actively farming but who are also engaged in non-agricultural activities outside their farm, as their multiple activities often strengthen the socio-economic fabric of rural areas. The framework definition must, in any event, help to preserve the model of family farming that exists in the European Union and must be based on a credible agricultural activity.
Amendment 530 #
2018/0216(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Furthermore, for legal persons or groups composed of individual or legal persons, Member States may define the appropriate thresholds and ceilings to be applied to supports or interventions established in the framework of the MS strategic plans. Thus, in order to strengthen farms structures by promoting the establishment of the legal persons or groups concerned, these specific rules may be applied where national laws provides the individual member with rights and obligations comparable to the ones of the individual farmer who is head of farm.
Amendment 533 #
2018/0216(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure consistency between the direct payments types of interventions and rural development types of interventions when addressing the objective of generational renewal, a framework definition for ‘young farmer’ with the essentialcommon elements should be set out at Union level., in accordance with Regulation nº 2016/0282B
Amendment 572 #
2018/0216(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to foster a smartmodern, competitive and resilient agricultural sector, direct payments keep on constituting an essential part to guarantee a fair income support to farmers. As this income is previsioned to decrease in the future, the role of direct payments will be even more important and thus it is necessary to ensure the strong support in the future CAP in this regard. Likewise, investments into farm restructuring, modernisation, innovation, diversification and uptake of new technologies are necessary to improve farmers’ market reward.
Amendment 600 #
2018/0216(COD)
Proposal for a regulation
Recital 16 – point 1
Recital 16 – point 1
As many rural areas in the Union suffer from structural problems such as lack of attractive employment opportunities, skill shortages, underinvestment in broadband and connectivity, infrastructures and essential services, as well as youth drain, it is fundamental to strengthen the socio- economic fabric in those areas, in line with the Cork 2.0. Declaration, particularly through job creation and generational renewal, by bringing the Commission's jobs and growth to rural areas, promoting social inclusion, generational renewalsupport for young people, greater participation by women in rural economy and the development of ‘Smart Villages’ across the European countryside. The CAP currently contributes to the reduction of poverty and the creation of better jobs for farmers across the EU and should continue to do so in the future. As indicated in the Communication on ‘The Future of Food and Farming’, new rural value chains such as renewable energy, the emerging bio- economy, the circular economy, and ecotourism can offer good growth and job potential for rural areas. In this context, financial instruments and the use of the InvestEU guarantee can play a crucial role for ensuring access to financing and for bolstering the growth capacity of farms and enterprises. There is a potential for employment opportunities in rural areas for legally staying third country nationals, promoting their social and economic integration especially in the framework of Community-led Local Development strategies.
Amendment 617 #
2018/0216(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The CAP should keep ensuring food security, which should be understood as meaning access to sufficient, safe and nutritious food at all times. Moreover, it should help improving the response of Union agriculture to new societal demands on food and health, including sustainable agricultural production, healthier nutrition, food waste and animal welfare, yet not at the expense of food security. The CAP should continue to promote production with specific and valuable characteristics, while at the same time helping farmers to proactively adjust their production according to market signals and consumers’ demands.
Amendment 634 #
2018/0216(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Building on the previous system of cross-compliance implemented until 2020, the system of new conditionality links full receipt of CAP support to the compliance by beneficiaries of basic standards concerning the environment, climate change, public health, animal health, plant health and animal welfare. The basic standards encompass in a streamlined form a list of statutory management requirements (SMRs) and standards of good agricultural and environmental conditions of land (GAECs). These basic standards should better take into account the environmental and climate challenges and the new environmental architecture of the CAP, thus delivering a higher level of environmental and climate ambition as the Commission announced in its Communications on the ‘Future of Food and Farming’ and the Multiannual Financial Framework (MFF). Conditionality aims to contribute to the development of sustainable agriculture through better awareness on the part of beneficiaries of the need to respect those basic standards. Beneficiaries should also be granted an adequate level of support to fulfil these obligations and standards. It also aims to make the CAP more compatible with the expectations of society through improving consistency of the policy with the environment, public health, animal health, plant health and animal welfare objectives. Conditionality should form an integral part of the environmental architecture of the CAP, as part of the baseline for more ambitious environmental and climate commitments, and should be comprehensively applied across the Union. For those farmers who do not comply with those requirements, Member States should ensure that proportionate, effective and dissuasive penalties are applied in accordance with [the HZR Regulation]. However, farmers who currently participate in the small farmers scheme under the Regulation 1307/2013 should be exempted from the conditionality requirements. Also the organic farmers should be ipso facto be recognized to be fully compliant with the rules on the conditionality. It is the Member States responsibility for the implementation of GAECs (as part of the enhanced conditionality) in a manner that respects farming practices and as recognised under the SWOT analysis that is part of the development of the CAP Strategic plans.
Amendment 642 #
2018/0216(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) In order to accommodate the diversity of agricultural and livestock- rearing systems and the different environmental situations across the Union, it should be recognised that, in addition to the practices on good agricultural and environmental conditions, agri-environmental-climate measures or certifications schemes similar to those practices also yield an equivalent or higher level of benefit for the climate and the environment. In addition, in view of the recognised environmental benefits of organic farming systems, those systems should be deemed to automatically meet all requirements on good agricultural and environmental practices.
Amendment 645 #
2018/0216(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The framework of standards of GAECs aims to contribute to the mitigation and adaptation to climate change, the tackling of water challenges, the protection and quality of soil and the protection and quality of biodiversity. The framework needs to be enhanced to take into account in particular the practices set until 2020 under the greening of direct payments, the mitigation of and adaptation to climate change and the need to improve farms sustainability, and in particular the nutrients management. It is acknowledged that each GAEC contributes to multiple objectives. In order to implement the framework, Member States should define a national standard for each of the standards set at Union level taking into account the specific characteristics of the area concerned, including soil and climatic conditions, existing farming conditions, land use, crop rotation, farming practices and farm structures. Member States may also define in addition other national standards related to the main objectives laid down in Annex III in order to improve the environmental and climate delivery of the GAEC framework. As part of GAEC framework, in order to support both the agronomic and the environmental performance of farms, nutrient management plans will be established with the help of a dedicated electronic Farm Sustainability Tool made available by the Member States to individual farmers. The tool should provide on-farm decision support sthe agronomic characteristics of different productions, land use, crop rotarting from minimum nutrient management functionalities. A wide interoperability and modularity should also ensure the possibility to add other electronic on-farm and e-governance applications. In order to ensure a level playing field between farmers and across the Union, the Commission may provide support to the Member States in the design of the Tool as well as with the data storage and processing services requiredon, farming practices and farm structures.
Amendment 659 #
2018/0216(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Member States should set farm advisory services for the purpose of improving the sustainable management and overall performance of agricultural holdings and rural businesses, covering economic, environmental and social dimensions, and to identify the necessary improvements as regards all measures at farm level provided for in the CAP Strategic Plans. These farm advisory services should help farmers and other beneficiaries of CAP support to become more aware of the relationship between farm management and land management on the one hand, and certain standards, requirements and information, including environmental and climate ones, on the other hand. The list of the latter includes standards applying to or necessary for farmers and other CAP beneficiaries and set in the CAP Strategic Plan, as well as those stemming from the legislation on water, on the sustainable use of pesticides, as well as the initiatives to combat antimicrobial resistance and the management of risks. In order to enhance the quality and effectiveness of the advice, Member States should integrate advisors within the Agricultural Knowledge and Innovation Systems (AKIS), in order to be able to deliver up-to-date technological and scientific information developed by research and innovation. Any EU initiatives regarding advisory services and innovation systems must build, whenever possible, upon already existing ones at MS level and focus on delivering added value.
Amendment 679 #
2018/0216(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to ensure a fairer distribution of income support, the focus of the support should be those farmers who actively contribute to the economic, environmental and social dimensions of sustainability. This should be achieved through a clear definition of genuine farmer across Member States. Member States may also decide that the amounts of direct payments above a certain ceiling should be reduced and the product should either be used for decoupled direct payments and in priority for the complementary redistributive income support for sustainability, or be transferred to the EAFRD. In order to avoid negative effects on employment, labour shcould be taken into account when applying the mechanism.
Amendment 695 #
2018/0216(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Union legislation should provide that Member States should set requirements in terms of minimum area for receiving decoupled payments in their CAP Strategic Plan. Such requirements should relate to the need to avoid the excessive administrative burden caused by managing numerous payments of small amounts and to that of ensuring an effective contribution of the support to the objectives of the CAP to which the decoupled direct payments contribute. In order to guarantee a minimum level of agricultural income support for all genuine farmers, as well as to comply with the Treaty objective in ensuring a fair standard of living for the agricultural community, an annual area- based decoupled payment should be established as the type of intervention ‘basic income support for sustainability’. In order to enhance better targeting of this support, the payment amounts can be differentiated, by groups of territories, based on socio-economic and/or agronomic conditions. In view of avoiding disruptive effects for farmers' income, Member States may choose to implement the basic income support for sustainability based on payment entitlements. In this case, the value of payment entitlements before any further convergence should be proportional to their value as established under the basic payment schemes pursuant to Regulation (EU) No 1307/2013, taking also into account the payments for agricultural practices beneficial for the climate and the environment. Member States The possibility should also be provided to implement a minimum payments amount threshould also achieve further convergence in order to continue to move progressively away from historical values.
Amendment 708 #
2018/0216(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) Basic income support for sustainability is the main support provided by the CAP for stabilising the income of farms, and it is therefore necessary for a substantial part, amounting to at least 60 per cent of the allocations laid down in Annex VII to this Regulation, to be earmarked for this form of support.
Amendment 731 #
2018/0216(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The creation and development of new economic activity in the agricultural sector by young farmers is financially challenging and constitutes an element that should be considered in the allocation and targeting of direct payments. This development is essential for the competitiveness of the agricultural sector in the Union and, for this reason, Member States may establish a complementary income support for young farmers. This type of interventions should be established to provide young farmers with an additional income support after the initial setting up. With the current level of farmers' income it is difficult to attract new and young entrants into the sector and to keep them active in it. Therefore, the income aspect must be addressed if we are to be effective in tackling the important issue of generation renewal.
Amendment 742 #
2018/0216(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The CAP should ensure that Member States increase the environmental delivery by respecting local needs and farmers' actual circumstances. Member States should under direct payments in the CAP Strategic Plan set up Eco-schemes voluntary for farmers, which should be fully coordinated with the other relevant interventions. They should be defined by the Member States as a payment granted either for incentivising and remunerating the provision of public goods by agricultural practices beneficial to the environment and climate or as a compensation for the introduction of these practices. In both cases they should aim at enhancing the environmental and climate performance of the CAP and should consequently be conceived to go beyond the mandatory requirements already prescribed by the system of conditionality. Member States may decide to set up eco- schemes forto promote production models that are beneficial for the environment, particularly extensive livestock rearing or integrated farming systems with diversification of arable crops and livestock production, and to promote all kinds of agricultural practices such as , among other measures, the enhanced management of permanent pastures and landscape features, and organic farming. These schemes may also include, landscape features, and environmental certification schemes, such as organic farming, integrated production or conservation agriculture. These schemes may also include practices to promote smart farming and practices to improve reliance on non-fossil based fuels and energies, carbon management in grassland and arable land, nutrient management schemes, water retention practices and water quality protection, bee friendly cultivation practices and practices linked to bee-keeping management, wildlife-friendly cultivation practices, erosion and drought prevention measures and habitat management plans. Eco-schemes might also support collective approaches to these measures. These schemes may include measures of a type other than rural development environmental and climate commitments, as well as measures of the same type that may be classified as ‘entry-level schemes’ which may be a condition for taking up more ambitious rural development commitments. The proposal will include a list of practices which might be included in these eco-schemes.
Amendment 769 #
2018/0216(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Member States should be allowed to use part of their financial ceiling available for direct payments for coupled income support in order to improve competitiveness, sustainability, and/or quality in certain sectors and productions (especially livestock sector) that are particularly important for social, economic or environmental reasons and under go certain difficulties in regions where other policy tools are not available or are less efficient. Member States should be free to identify the sectors that should benefit from this. Furthermore, Member States should also be allowed to use an additional part of their financial ceiling available for direct payments to grant coupled income support specifically for the support of protein crop production in order to reduce the Union's deficit in this regard.
Amendment 790 #
2018/0216(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) For interventions for rural development, principles are defined at Union level, particularly with regard to the basic requirements for the Member States to apply selection criteria. However, Member States should have ample discretion to define specific conditions according to their needs. Types of interventions for rural development include payments for environmental, climate and other management commitments that Member States should support throughout their territories, including the payment for the areas facing natural or other specific constraints, in accordance with their national, regional or local specific needs. Member States should grant payments to farmers and other land managers who undertake, on a voluntary basis, management commitments that contribute to climate change mitigation and adaptation and to the protection and improvement of the environment including water quality and quantity, air quality, soil, biodiversity and ecosystem services including voluntary commitments in Natura 2000 and support for genetic diversity. Support under payments for management commitments may also be granted in the form of locally-led, integrated, collective or cooperative approaches and result-based interventions.
Amendment 796 #
2018/0216(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Support for management commitments may include organic farming premia for the maintenance of and the conversion to organic land; payments for other types of interventions supporting environmentally friendly production systems such as agro-ecology, conservation agriculture and integrated production; forest environmental and climate services and forest conservation; premia for forests and establishment of agroforestry systems; animal welfare; conservation, sustainable use and development of genetic resources. Member States may develop other schemes under this type of interventions on the basis of their needs and they may strengthen the agri-environmental measures specific to the beekeeping sector which already exist in certain regions of the EU, and develop further measures. In addition, given that certification costs for organic farming can make up a large part of production costs, these costs should be eligible for support. This type of payments should cover additional costs and income foregone only resulting from commitments going beyond the baseline of mandatory standards and requirements established in Union and national law, as well as conditionality, as laid down in the CAP Strategic Plan. Commitments related to this type of interventions may be undertaken for a pre- established annual or pluri-annual period and might go beyond seven years where duly justified.
Amendment 817 #
2018/0216(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) Forestry measures should contribute to the implementation of the Union Forest Strategy, and be based on Member States' national or sub-national forest programs or equivalent instruments, which should build on the commitments stemming from the Regulation on the inclusion of greenhouse gas emission and removals from land use, land use energy and forestry [LULUCF Regulation] and those made in the Ministerial Conferences on the Protection of Forests in Europe. Interventions should be based on forest management plans or equivalent instruments and may comprise forest area development and forward looking sustainable management of forests, including the afforestation of land, fire prevention and the creation and regeneration of agroforestry systems; the protection, restoration and improvement of forest resources, taking into account adaptation needs; investments to guarantee and enhance forest conservation and resilience, and the provision of forest ecosystem and climate services; and measures and investments in support of the renewable energy and bio-economy.
Amendment 833 #
2018/0216(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The objectives of the CAP should also be pursued through support for investments, productive as well as non- productive, on farm as well as off-farm. Such investments may concern, inter alia, infrastructures related to the development, modernisation or adaptation to climate change of agriculture and forestry, including access to farm and forest land, land consolidation and improvement, agro- forestry practices and the supply and saving of energy and water, adapted seeds and animal breeds for improved efficiency. In order to better ensure the consistency of the CAP Strategic Plans with Union objectives, as well as a level playing field between Member States, a negative list of investment topics is included in this Regulation as well as indicative positive list.
Amendment 852 #
2018/0216(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Young farmers and new entrants still face significant barriers regarding access to land, high prices and access to credit. Their businesses are more threatened by price volatility (for both inputs and produce) and their needs in terms of training in entrepreneurial and risk management skills are high. Vocational training is fundamental to help young farmers with the uptake of innovation and new technologies which will, in turn, improve their competitiveness and sustainability. It is therefore essential to continue the support for the setting up of new businesses and new farms. Member States should provide for a strategic approach and identify a clear and coherent set of interventions for generational renewal under the specific objective dedicated to this issue. These interventions would only constitute a good option if there is a clear and continued direct benefit for young farmers to start or develop their business. To this aim, Member States may set in their CAP Strategic Plans preferential conditions for financial instruments for young farmers and new entrants, and should include in their CAP Strategic Plan the ring-fencing of at least an amount corresponding to 2% of the annual direct payments' envelope. An increase of the maximum amount of aid for the installation of young farmers and rural business start-ups, up to EUR 100.000, which can be accessed also through or in combination with financial instrument form of support, should be established.
Amendment 870 #
2018/0216(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In the light of the need to ensure appropriate risk management tools, insurance premia and mutual funds should be maintained, financed by the EAFRD. These instruments must also include national schemes which supportprivate income stabilisation tools to address income volatility, enabled through national agri-taxation measures. The category of mutual funds encompasses both those linked to production losses, and the general and sector-specific income stabilisation tools, linked to income losses.
Amendment 880 #
2018/0216(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Support should enable the establishment and implementation of cooperation between at least two entities in view of achieving CAP objectives. Support can entail all aspects of such cooperation, such as the setting up of quality schemes; collective environmental and climate action; the promotion of short supply chain and local markets; pilot projects; Operational Group projects within the EIP for agricultural productivity and sustainability local development projects, Smart Villages, buyers' clubs and machinery rings; farm partnerships; forest management plans; networks and clusters; social farming; community supported agriculture; actions within the scope of LEADER; and the setting up of producer groups and producer organisations, as well as other forms of cooperation deemed necessary to achieve the specific objectives of the CAP. The intervention on cooperation should not only support the setting up of these structures but also support those that already exist. This will help them to better adapt to market challenges, benefit from opportunities and continue to invest.
Amendment 897 #
2018/0216(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The Communication on ‘The Future of Food and Farming’ mentions the exchange of knowledge and focus on innovation as a cross cutting objective for the new CAP. The CAP should continue to support the interactive innovation model, which enhances the collaboration between actors to make best use of complementary types of knowledge with a view to spreading practical solutions. This would provide that the beneficiaries would see a direct positive impact on their businesses and could take a lead in innovation. Farm advisory services should be strengthened within the AKIS. The CAP Strategic Plan should provide information on how advisory services, research and rural networks will work together. Each Member State or region, as appropriate, can fund a number of actions aimed at knowledge exchange and innovation, using the types of interventions developed in this Regulation.
Amendment 904 #
2018/0216(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The EAGF should continue financing types of interventions in the form of direct payments and sectoral types of interventions, whereas the EAFRD should continue financing types of interventions for rural development as described in this Regulation. The rules for the financial management of the CAP should be laid down separately for the two funds and for the activities supported by each of them, taking into account that the new delivery model gives more flexibility and subsidiarity for Member States to reach their objectives. Types of interventions under this Regulation should cover the period from 1 January 2021X [Date of entry into force of the Regulation] + 2 to 31 December 2027.
Amendment 935 #
2018/0216(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) EAFRD should not provide support to investments that would harm the environment or go against the Paris Agreement and the Sustainable Development Goals. Hence it is necessary to provide in this Regulation a number of exclusion rules, as well as the possibility to further develop these guarantees in delegated acts. Notably, the EAFRD should not finance investments in irrigation which do not contribute towards the maintenance or increase of yields, and the achievement, or the preservation, of good status of the associated water body or bodies and investments in afforestation which are not consistent with climate and environmental objectives in line with sustainable forest management principles.
Amendment 947 #
2018/0216(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Reflecting the importance of tackling climate change and safeguarding food production in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Program will contribute to mainstream climate action in the Union's policies and to the achievement of an overall target of 25% of the EU budget expenditures supporting climate objectives. Actions under the CAP are expected to contribute 40 % of the overall financial envelope of the CAP to climate objectives. Relevant actions will be identified during the Program's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes.
Amendment 959 #
2018/0216(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In order to ensure a clear strategic nature of these CAP Strategic Plans, and to facilitate the links with other Union policies, and notably with established long- term national targets deriving from Union legislation or international agreements such as those related to climate change, forests, biodiversity, and water, it is appropriate that there should be one single CAP Strategic Plan per Member State. The Strategic Plan may, however, include regionally-based rural development interventions, taking into account the administrative structure of some Member States. In these cases a global approach integrating regional differences must be ensured.
Amendment 973 #
2018/0216(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In the process of development of their CAP Strategic Plans, Member States should analyse their specific situation and needs, set targets linked to the achievement of the objectives of the CAP and design the interventions which will allow reaching these targets, while being adapted to the national and specific regional contexts, including the outermost regions pursuant to Article 349 TFEU. Such process should promote more subsidiarity within a common Union framework, while compliance with the general principles of Union law and the objectives of the CAP should be ensured. This process should however not harm in any way the communality of the policy. It is therefore appropriate to set rules on the structure and content of the CAP Strategic Plans.
Amendment 978 #
2018/0216(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) In order to ensure that the setting of targets by Member States and that the design of interventions is appropriate and maximises the contribution to the objectives of the CAP, it is necessary to base the strategy of the CAP Strategic Plans on a prior analysis of the local contexts and an assessment of needs in relation to the objectives of the CAP. It is also important that the CAP strategic plans can adequately reflect changes in MS conditions, structures (both internal and external) and market situation and can, therefore, be adjusted over time to reflect them.
Amendment 985 #
2018/0216(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) The CAP Strategic Plans should aim to ensure enhanced coherence across the multiple tools of the CAP, since it should cover types of interventions in the form of direct payments, sectoral types of interventions and types of interventions for rural development. They should also ensure and demonstrate the alignment and appropriateness of the choices made by Member States to the Union priorities and objectives. It is therefore appropriate that they contain a result-oriented intervention strategy structured around the specific objectives of the CAP, including quantified targets in relation to these objectives. In order to allow their monitoring on an annual or, for the types of interventions for rural development and where relevant, multiannual basis, it is appropriate that these targets are based on result indicators.
Amendment 1012 #
2018/0216(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In view of the concerns related to administrative burden under shared management, simplificatiothe reduction of that burden should also be subject to a specific attention in the CAP Strategic Plan. In their Strategic Plans the Member States should clearly demonstrate how they plan to limit the administrative burden for beneficiaries.
Amendment 1023 #
2018/0216(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) The approval of the CAP Strategic Plan by the Commission is a crucial step in order to guarantee that the policy is implemented according to the common objectives. In accordance with the principle of subsidiarity, the Commission should provide the Member States with appropriate guidance in presenting coherent and ambitious intervention logics. This process should be carried out as rapidly as possible from the analysis and approval stage to implementation so that it does not cause delays in Member States. It is also important to ensure transparency in this process by publishing all evaluation criteria when analysing and deciding on these Strategic Plans. In particular, this process must guarantee timely payments to farmers.
Amendment 1829 #
2018/0216(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. Member States shallmay reduce the amount of direct paymentsbasic income support for sustainability (BISS) as referred to in Subsection 1 of Section 2 of Chapter II of Title III to be granted to a farmer pursuant to this Chapter for a given calendar year exceeding EUR 60 000 as follows:a financial ceiling as set by the Member State.
Amendment 2031 #
2018/0216(COD)
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point b
Article 16 – paragraph 2 – subparagraph 2 – point b
(b) the corresponding amounts equalling or exceeding those thresholds make an effective contribution to the objectives set out in Article 6(1) to which decoupled direct payments contribute.
Amendment 2165 #
2018/0216(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Member States may grant payments to small farmers as defined by Member Sintroduce a simplified scheme for small farmers requesting support in respect of an amount of up to EUR 1 250 for an area limit of 10 hectatres by way. That scheme may consist of a round sum, replacing direct payments under this Section and Section 3 of this Chapter. Member States shall design the corresponding intervention in the CAP Strategic Plan as optional for the farmers.
Amendment 2431 #
2018/0216(COD)
Proposal for a regulation
Article 28 – paragraph 5 a (new)
Article 28 – paragraph 5 a (new)
Amendment 2905 #
2018/0216(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point h a (new)
Article 49 – paragraph 1 – point h a (new)
(ha) measures to promote cooperation between beekeepers and farmers
Amendment 3264 #
2018/0216(COD)
Proposal for a regulation
Article 64 – paragraph 1 – b a (new)
Article 64 – paragraph 1 – b a (new)
(ba) compensation shall be paid to any farmers who suffer attacks from predators, along with compensation for farmers whose crops are destroyed by wild boar;
Amendment 4280 #
2018/0216(COD)
Proposal for a regulation
Article 94 – paragraph 3 – subparagraph 1 – point b
Article 94 – paragraph 3 – subparagraph 1 – point b
(b) economic and social partners, mainly representatives of the agricultural and livestock sectors, most particularly farmers;
Amendment 268 #
2018/0108(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Measures to obtain and preserve electronic evidence are increasingly important to enable criminal investigations and prosecutions across the Union as well as to prevent the commission of crimes. Effective mechanisms to obtain electronic evidence are of the essencetial to combat crime, subject to conditions to ensure full accordance with fundamental rights and principles recognised in the Charter of Fundamental Rights of the European Union ('the Charter') as enshrined in the Treaties, in particular the principles of necessity and proportionality, due process, data protection, secrecy of correspondenceconfidentiality of communications and privacy.
Amendment 273 #
2018/0108(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The European Parliament echoed these concerns in its Resolution on the fight against cybercrime of 3 October 201728 , by highlighting the challenges that the currently fragmented legal framework can create for service providers seeking to comply with law enforcement requests and calling on the Commission to put forward a Union legal framework for electronic evidence and to impose an obligation on service providers to respond to law enforcement requests from other Member States, with sufficient safeguards for the rights and freedoms of all concerned. _________________ 28 2017/2068(INI).
Amendment 275 #
2018/0108(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Network-basedElectronic communications services and information society services can be provided from anywhere and do not require a physical infrastructure, premises or staff in the relevant countrycountry where the service is offered. As a consequence, relevant evidence for criminal investigation is often stored outside of the investigating State or by a service provider established outside of this State. Frequently, there is no other connection between the case under investigation in the State concerned and the location of storage or the main establishment of the service provider are the only connection between the state from which electronic evidence is requested and the investigating State, as the crime was committed in the investigating State ofand the place of storage or of the main establishment of the service providererpetrator and the victim are both present on its territory.
Amendment 278 #
2018/0108(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Due to this lack of connection, judicial cooperation requests are often addressed toUnder the current mutual legal assistance framework, states which are hosts to a large number of service providers, but w are faced with a hicgh havenumber of judicial cooperation requests despite having no other relation to the case at hand. FurthermoreOver the previous years, the number of requests has even multiplied in view of increasingly used networkedelectronic communications and information society services that are borderless by nature. As a result, obtaining electronic evidence using judicial cooperation channels often takes a long time — longer than subsequent leads may be available due to their volatile nature. Furthermore, there is no clear legal framework for cooperation with service providers, whilealthough certain third-country providers accept direct requests for non- content data as permitted by their applicable domestic law. As a consequence, all Member States rely on the voluntary cooperation channel with service providers where available, using different national tools, conditions and procedures. In addition, for content data, some Member States have taken unilateral action, while others continue to rely on judicial cooperation.
Amendment 282 #
2018/0108(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The fragmented legal framework both across EU Member States as well as between Member States and third countries creates challenges for service providers seeking to comply with law enforcement requests as they are faced with legal uncertainty and, potentially, conflicts of laws. Therefore there is a need to put forwardin place a European legal framework for electronic evidence to impose an obligation onwith a view to oblige service providers covered by the scope of the instrument to respond directly to requests by competent authorities without the direct involvement of a judicial authority in the Member State ofwhere the service provider has its main establishment.
Amendment 291 #
2018/0108(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. These include the right to liberty and security of the person, the respect for private and family life, the protection of personal data, the freedom to conduct a business, the right to property, the right to an effective remedy and to a fair trial, the presumption of innocence and right of defence, the principles of the legality and proportionality, as well as the right not to be tried or punished twice in criminal proceedings for the same criminal offence. In case the issuing Member State has indications that parallel criminal proceedings may be ongoing in another Member State, it shall consult the authorities of this Member State in accordance with Council Framework Decision 2009/948/JHA29 . _________________ 29Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328, 15.12.2009, p. 42).
Amendment 305 #
2018/0108(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) It is appropriate to single out access data as a specific data category used in this Regulation. Access data is pursued for the same objective as subscriber data, in other words to identify the underlying user, and the level of interference with fundamental rights is similar to that of subscriber data. Access data is typically recorded as part of a record of events (in other words a server log) to indicate the commencement and termination of a user access session to a service. It is often an individual IP address (static or dynamic) The specific category of 'access data' is introduced in this Regulation because technical identifiers such as IP addresses constitute a crucial starting point for criminal investigations in which the identity of a suspect is not known. In order to enable a request for subscriber data in a subsequent step, authorities will first have to acquire the server log, i.e. the record of activity on a server, for a specific access request. For each request, the logs include different information, such as the commencement and termination of a user access session, static or dynamic IP adresses of the computer making the request, or the Login ID. Given that certain data covered by the definition of access data could reveal very sensitive and personal information, the request for such data should only be allowed for other identifier th sole purpose of identifying the user. The data singles out the network interface used during the access session. If the user is unknown, it often needs to be obtained befhould not be used for any other purpose, including the request for bulk data that would allow for the profiling of a person. Given the purpose limitation regarding the use of access data in criminal investigations, this data categorey subscriber data related to that identifier can be ordered from the service providerhould not be subject to a threshold. Instead, it should be possible to request such data for all types of offenses.
Amendment 308 #
2018/0108(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Transactional data, on the other hand, is generally pursued to obtain more privacy-intrusive information about, such as the contacts and whereabouts of the user and may be served to establish a profile of an individual concerned. That said, access data cannot by itself serve to establish a similar purpose, for example iAccess data focus exclusively on the user but does not reveal any information on interlocutors related to the user. Hence this proposal introduces a new category of data, which is toactions with other persons. Hence, access data should be treated like subscriber data if the aim of obtaining this data, namely the identification of the suspect, is similar.
Amendment 311 #
2018/0108(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) All data categories contain personal data, and are thus covered by the safeguards under the Union data protection acquis, but the intensity of. However, the impact on fundamental rights varies between the categories, in particular between subscriber data and access data on the one hand and transactional data and content data on the other hand. While subscriber data and access data are usefulonly serve to obtain first leads in an investigation about the identity of a suspect, transactional and content data are the most relevant as probative material which could finally lead to a conviction of the suspect. It is therefore essential that all these data categories are covered by the instrument. Because of the different degree of interference with fundamental rights, different safeguards and conditions are imposed for obtaining subscriber and access data on the one hand, and transactional and content data on the other.
Amendment 312 #
2018/0108(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The European Production Order and the European Preservation Order are investigative measures that should be issued only in the framework of specific criminal proceedings against the specific known or still unknown perpetrators of a concrete criminal offence that has already taken place, after an individual evaluation of the proportionality and necessity in every single case.
Amendment 314 #
2018/0108(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The determination whether a service provider offers services in the Union requires an assessment whether the service provider enables legal or natural persons in one or more Member States to use its services. However, the mere accessibility of an online interface as for instance the accessibility of the service provider’s or an intermediary’s website or of an email address and of other contact details in one or more Member States taken in isolation should not be a sufficient condition for the application of this Regulationthe Union to use its services and has a substantial connection to one or more Member States.
Amendment 317 #
2018/0108(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) A substantial connection to the Union should also be relevant to determine the ambit of application of the present Regulation. Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union. In the absence of such an establishment, the criterion of a 'substantial connection' should be assessed on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States canshould be determined on the basis of all relevant circumstances, including factors such as. These circumstances include the use of a language or a currency generally used in that Member State, or the possibility of ordering goods or services. The targeting of activities towards a Member State could also be derived from, the availability of an application (‘app’) in the relevant national app store, fromthe providingsion of local advertising or advertising in thea language used in that Member State, or from the handling of customer relations such as by providingthe provision of customer service in thea language generally used in that Member State. A substantial connection is also to be assumed where a service provider directs its activities towards one or more Member States as set out in Article 17(1)(c) of Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters.36 On the other hand,36 However, the mere accessibility of an online interface such as the website of the service provider or an intermediary, an email address and other contact details taken in isolation should not be a sufficient condition for the application of this Regulation. Moreover, the provision of thea service in view of mere compliance with the prohibition to discriminate laid down in Regulation (EU) 2018/30237 cannot be, on that ground alone, be considered as directing or targeting activities towards a given territory within the Union. The same considerations should apply to determine whether a service provider offers services in a Member State. _________________ 36 Regulation (EU) 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1). 37 Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (OJ L 601, 2.3.2018, p. 1).
Amendment 321 #
2018/0108(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) When a European Production or Preservation Order is issued, there should always be a judicial authority involved either in the process of issuing or validating the Order. In view of the more sensitive character of transactional and content data, the issuing or validation of European Production Orders for production of these categories requires review by a judge or court. As subscriber and access data are less sensitive, European Production Orders for their disclosure can in addition be issued or validated by competent prosecutors.
Amendment 324 #
2018/0108(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) For the same reason, a distinction has to be made regarding the material scope of this Regulation: Orders to produce subscriber data and access data can be issued for any criminal offence as these data are essential to identify a user, whereas access to transactional and content data should be subject to stricter requirements to reflect the more sensitive nature of such data. A threshold allows for a more proportionate approach, together with a number of other ex ante and ex post conditions and safeguards provided for in the proposal to ensure respect for proportionality and the rights of the persons affected. At the same time, a threshold should not limit the effectiveness of the instrument and its use by practitioners. Allowing the issuing of Orders for investigations that carry at least a threewo-year maximum sentence limits the scope of the instrument to more serious crimes, without excessively affecting the possibilities of its use by practitioners. It excludes from the scope a significant number of crimes which are considered less serious by Member States, as expressed in a lower maximum penalty. It also has the advantage of being easily applicable in practice.
Amendment 330 #
2018/0108(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34 a) The confidentiality of the ongoing investigation, including the fact that there has been an Order to obtain relevant data, has to be protected in order not to jeopardize its success and to protect other persons involved, especially victims. For this reason, the addressee of the order and the service provider should refrain from informing the person whose data is being sought where necessary and proportionate to protect the fundamental rights and legitimate interests of another person. If the issuing authority expressly allows it, the addressee or service provider should be able to inform the respective person that his or her data is being sought.
Amendment 341 #
2018/0108(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The European Production and European Preservation Orders should be transmitted to the service provideraddressee through a European Production Order Certificate (EPOC) or a European Preservation Order Certificate (EPOC-PR), which should be translated. The Certificates should contain the same mandatory information as the Orders, except for the grounds for the necessity and proportionality of the measure or further details about the case to avoid jeopardising the investigations. But as they are part of the Order itself, they allow the suspect to challenge it later during the criminal proceedings. Where necessary, a Certificate needs toshould be translated into (one of) the official language(s) of the enforcing Member State of the addressee, or into another official language that the service provider has declared it will accept. in accordance with Article 4 (2) of the [Directive1a]. _________________ 1aProposal for a Directive of the European Parliament and of the Council laying down harmonised rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings (2018/0107 (COD))
Amendment 345 #
2018/0108(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The requested dataservice provider should be transmitted the requested electronic data to the authorities at the latest within 10 days upon receipt of the EPOC. Shorter time limits should be respected by the provider in emergency cases and if the issuing authority indicates other reasons need to depart from the 10 day deadline. In addition to the because of an imminent danger of the deletion of the requested data, such reasons could include or circumstances that are related to an ongoing investigation, for example where the requested data is associated to other urgent investigative measures that cannot be conducted without the missing data or are otherwise dependent on it.
Amendment 349 #
2018/0108(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In order to allow service providers to address formal problems, it is necessary to set out a procedure for the communication between the service provider and the issuing judicial authority in cases where the EPOC might be incomplete or contains manifest errors or not enough information to execute the Order. This procedure should exist irrespective of any possible notifications obligation depending on specific situation as this is a problem that mainly occurs for the addressee itself as the service provider will be the best placed to realise whether the information he received are sufficient to comply with the order. Moreover, should the service provider not provide the information in an exhaustive or timely manner for any other reason, for example because it thinks there is a conflict with an obligation under the law of a third country, or because it thinks the European Production Order has not been issued in accordance with the conditions set out by this Regulation, it should go back to the issuing authorities and provide the opportune justifications. The communication procedure thus should broadly allow for the correction or reconsideration of the EPOC by the issuing authority at an early stage. To guarantee the availabilty of the data, the service provider should preserve the data if they can identify the data sought.
Amendment 350 #
2018/0108(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41 a) Although the added value of this Regulation lies in the fact that the issuing authority can address the service provider without having to go through mutual legal assistance, it is reasonable to notify the enforcing authority of a European Production Order where it concerns transactional or content data, given their high level of sensitivity, and the issuing authority has reasonable grounds to believe that the person whose data is sought is not residing on the territory of the issuing Member State. In such case, the issuing authority should submit a copy of the EPOC to the enforcing authority at the same that the EPOC is submitted to the addressee. In order to ensure the efficiency of the European Production Order, the notification should not have a suspensive effect on the obligations of the addressee to produce the requested data and to send them to the issuing authority. However, the notified authority may raise objections in relation to a limited number of grounds which should be raised as soon as possible but no later than 10 days. If necessary to establish whether one of the grounds exists, the authority should be able to request additional information from the issuing authority, which should be given 10 days to provide information or withdraw the Order. As far as the objection raised concerns regarding immunities and privileges under national law of the enforcing Member State, the issuing authority should be able to request the enforcing authority to request the competent authority to waive these immunities or privileges. When raising an objection, the enforcing Member State should also inform the issuing authority whether it may consequentially not use the data or only use it only under specified conditions. The issuing authority should take this information into account. In cases where the enforcing authority informed the issuing authority that it may not use the data, the latter should make no further use of these data but delete them immediately.
Amendment 351 #
2018/0108(COD)
Proposal for a regulation
Recital 41 b (new)
Recital 41 b (new)
(41 b) It should be possible to object to an order where its execution in the executing State would involve a breach in the immunity or privilege in that State. There is no common definition of what constitutes an immunity or privilege in Union law. The precise definition of these terms is therefore left to national law, which could include protections which apply to medical and legal professions, but should not be interpreted in a way to counter the obligation to abolish certain grounds for refusal as set out in the Protocol to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union1a. _________________ 1a Protocol established by the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 326, 21.11.2001, p. 2).
Amendment 356 #
2018/0108(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Upon receipt of a European Preservation Order Certificate (‘EPOC- PR’), the service provider should preserve requested data for a maximum of 60 days unless the issuing authority informs the service provider that it has launched the procedure for issuing a subsequent request for production, in which case the preservation should be continued. The 60 day period is calculated to allow for the launch of an official request. This requires that at least some formal steps have been taken, for example by sending a mutual legal assistance request to translation. Following receipt of that information, the data should be preserved as long as necessary until the data is produced in the framework of a subsequent request for production. Only when necessary to allow further assessment of the relevance of the data in ongoing investigations and prevent the issuing of European Production Order for the sake of making sure that potentially relevant data is not lost, before the referred preservation period ends, the issuing authority could send a request to prolong the preservation of data by up to 60 days.
Amendment 373 #
2018/0108(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Where conflicting obligations exist, the court should determine whether the conflicting provisions of the third country prohibit disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence. In carrying out this assessment, the court should take into account whether the third country law, rather than being intended to protect fundamental rights or fundamental interests of the third country related to national security or defence, manifestly seeks to protect other interests or is being aimed to shield illegal activities from law enforcement requests in the context of criminal investigations. Where the court concludes that conflicting provisions of the third country prohibit disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence, it should consult the third country via its central authorities, which are already in place for mutual legal assistance purposes in most parts of the world. It should set a deadline for the third country to raise objections to the execution of the European Production Order; in case the third country authorities do not respond within the (extended) deadline despite a reminder informing them of the consequences of not providing a response, the court upholds the Order. If the third country authorities object to disclosure, the court should lift the Order.
Amendment 378 #
2018/0108(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) It is essential that all persons whose data are requested in criminal investigations or proceedings have access to an effective legal remedy, in line with Article 47 of the Charter of Fundamental Rights of the European Union. For suspects and accused persons, the right to an effective remedy should be exercised during the criminal proceedings. This may affect the admissibility, or as the case may be, the weight in the proceedings, of the evidence obtained by such means. In addition, they benefit from all procedural guarantees applicable to them, such as the right to information. Other persons, who are not suspects or accused persons, should also have a right to an effective remedy. Therefore, as a minimum, the possibility to challenge the legality of a European Production Order or a European Preservation Order, including the necessity and the proportionality of the Order, should be provided. This Regulation should not limit the possible grounds to challenge the legality of the Order. These remedies should be exercised in the issuing State in accordance with national law. Rules on interim relief should be governed by national law.
Amendment 382 #
2018/0108(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In addition, during the enforcement procedure and subsequent legal remedy, the addressee may oppose the enforcement of a European Production or Preservation Order on a number of limited grounds, including it not being issued or validated by a competent authority or it being apparent that it manifestly violates the Charter of Fundamental Rights of the European Union or is manifestly abusive. For example, an Order requesting the production of content data pertaining to an undefined class of people in a geographical area or with no link to concrete criminal proceedings would ignore in a manifest way the conditions for issuing a European Production Order.
Amendment 387 #
2018/0108(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The protection of natural persons for the processing of personal data is a fundamental right. In accordance with Article 8(1) of the Charter of Fundamental Rights of the European Union and Article 16(1) of the TFEU, everyone has the right to the protection of personal data concerning them. When implementing this Regulation, Member States should ensure that personal data are protected and may only be processed in accordance with Regulation (EU) 2016/679 and Directive (EU) 2016/680.
Amendment 412 #
2018/0108(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – introductory part
Article 2 – paragraph 1 – point 4 – introductory part
(4) ‘offering services in the Union’ means: enabling legal or natural persons in one or more Member States to use the services referred to in point (2) and having a substantial connection to that Member State, such as
Amendment 415 #
2018/0108(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
(a) enstabling legal or natural persons in one or more Member State(s) to use the services listed under (3) above; andshment of the service provider in the Union;
Amendment 416 #
2018/0108(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a a (new)
Article 2 – paragraph 1 – point 4 – point a a (new)
(a a) a significant number of users in one or more Member State(s);
Amendment 419 #
2018/0108(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point b
Article 2 – paragraph 1 – point 4 – point b
(b) having a substantial connection to the Member State(s) referred to in point (a);targeting of activities towards one or more Member State(s).
Amendment 425 #
2018/0108(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘electronic evidence’ means evidenceinformation' means data, including metadata, stored in electronic form by or on behalf of a service provider at the time of receipt of a production or preservation order certificate, consisting in stored subscriber data, access data, transactional data and content data; that might serve as evidence during the investigation, prosecution and legal proceedings regarding a criminal offence in a Member State in accordance with national law.
Amendment 437 #
2018/0108(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘access data’ means data related to the commencement and termination of atechnical identifiers related to a specific user access session to a service, which is strictly necessaryshall be requested for the sole purpose of identifying the user of the service, such as the Login ID, the date and time of use, or the log-in to and log-off from the service, together withor the IP address allocated by the internet access service provider to the user of a service, data identifying the interface used and the user ID. This includes electronic communications metadata as defined in point (g) of Article 4(3) of [Regulation concerning the respect for private life and the protection of personal data in electronic communications];
Amendment 442 #
2018/0108(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘transactional data’ means data related to the provision of a service offered by a service provider that serves to provide context or additional information about such service and is generated or processed by an information system of the service provider, such as the source and destination of a message or another type of interaction, data on the location of the device, date, time, duration, size, route, format, the protocol used and the type of compression, unless such data constitues access data. This includes electronic communications metadata as defined in point (g) of Article 4(3) of [Regulation concerning the respect for private life and the protection of personal data in electronic communications];
Amendment 452 #
2018/0108(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘enforcing State’ means the Member State in which the addressee of the European Production Order or the European Preservation Order resides or is established and to which the European Production Order and the European Production Order Certificate or the European Preservation Order and the European Preservation Order Certificate arwould be transmitted for enforcement;
Amendment 458 #
2018/0108(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘enforcing authority’ means the competent authority in the enforcing State to which the European Production Order and the European Production Order Certificate or the European Preservation Order and the European Preservation Order Certificate arwould be transmitted by the issuing authority for enforcement;
Amendment 462 #
2018/0108(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European Production Orders and European Produceservation Orders may only be issued for criminal proceedings, both during the pre-trial and trial phase. The Orders may also be issued in proceedings relating to a criminal offence for which a legal person may be held liable or punished in the issuing State.
Amendment 469 #
2018/0108(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. A European Production Order for obtaining subscriber data and access data may be issued by:
Amendment 473 #
2018/0108(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) a judge, a court, an investigating judge or prosecutor competent in the case concerned; or, in accordance with national law;
Amendment 480 #
2018/0108(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) a judge, a court or an investigating judge competent in the case concerned; or, in accordance with national law.
Amendment 494 #
2018/0108(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. European Production Orders to producefor obtaining subscriber data or access data may be issued for all criminal offences.
Amendment 503 #
2018/0108(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point a
Article 5 – paragraph 4 – point a
(a) for criminal offences punishable in the issuing State by a custodial sentence of a maximum of at least 32 years, or
Amendment 511 #
2018/0108(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) the persons whose data is being requesteduser, except where the sole purpose of the order is to identify a person;the user, or any other unique identifier such as user name, Login ID to determine the data that are being sought.
Amendment 529 #
2018/0108(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
(c) the persons whose data shall be preserveduser, except where the sole purpose of the order is to identify a person;the user, or any other unique identifier such as user name, Login ID to determine the data that are being sought.
Amendment 558 #
2018/0108(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 570 #
2018/0108(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The EPOC shall contain all the information listed in Article 5(5) (a) to (h), including sufficient information to allow the addressee and if applicable the notified authorities of the executing State to identify and contact the issuing authority. The grounds for the necessity and proportionality of the measure or further details about the investigations shall not be included.
Amendment 574 #
2018/0108(COD)
4. The EPOC-PR shall contain all the information listed in Article 6(3) (a) to (f), including sufficient information to allow the addressee to identify and contact the issuing authority. The grounds for the necessity and proportionality of the measure or further details about the investigations shall not be included.
Amendment 579 #
2018/0108(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Where needed, the EPOC or the EPOC-PR shall be translated into an official language of the Union accepted by the addressee. Where no language has been specified, the EPOC or the EPOC-PR shall be translated into one of the official languages of the Member State where the legal representative resides or is established.
Amendment 599 #
2018/0108(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In emergency cases the addressee shall transmit the requested data without undue delay, at the latest within 68 hours upon receipt of the EPOC.
Amendment 609 #
2018/0108(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. If the addressee cannot comply with its obligation because the EPOC is incomplete, contains manifest errors or does not contain sufficient information for the addressee to execute the EPOC, the addressee shall inform the issuing authority referred to in the EPOC without undue delay and ask for clarification, using the Form set out in Annex III. It shall inform the issuing authority whether an identification and preservation was possible as set out in paragraph 6. The issuing authority shall react expeditiously and within 5 days at the latest. The deadlines set out in paragraphs 1 and 2 shall not apply until the clarification is provided.
Amendment 618 #
2018/0108(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
In case the addressee considers that the EPOC cannot be executed because based on the sole information contained in the EPOC it is apparent that it manifestly violates the Charter of Fundamental Rights of the European Union or that it is manifestly abusive, the addressee shall also send the Form in Annex III to the competent enforcement authority in the Member State of the addressee. In such cases the competent enforcement authority may seek clarifications from the issuing authority on the European Production Order, either directly or via Eurojust or the European Judicial Network.
Amendment 641 #
2018/0108(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 (new)
Article 10 – paragraph 3 – subparagraph 1 (new)
Before the preservation period referred to in paragraph 1 has ended, the issuing authority may send a request to prolong the data preservation period by up to 60 days only when necessary to allow further assessment of the relevance of the data.
Amendment 670 #
2018/0108(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Addressees and, if different, service providers shall take the necessary measures to ensure the confidentiality of the EPOC or the EPOC-PR and of the data produced or preserved and where requested by the issuing authority, shall refrain from informing the person whose data is being sought in order not toto avoid obstructing the relevant criminal proceedings. They shall only inform the person whose data are being sought if explicitly allowed by the issuing authority. In that case, the issuing authority shall also provide information pursuant to paragraph 4 of this Article to the addressee or, if different, to the service provider.
Amendment 688 #
2018/0108(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. WThen informing the person, the issuing authority shall include information about any available remedies as referred to in Article 17 issuing authority may abstain from informing the person whose subscriber or access data was sought where necessary and proportionate to protect the fundamental rights and legitimate interests of another person, and in particular where these rights and interests outweigh the interest to be informed of the person whose data were sought.
Amendment 689 #
2018/0108(COD)
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 (new)
Article 11 – paragraph 3 – subparagraph 1 (new)
When informing the person, the issuing authority shall include information about any available remedies as referred to in Article 17.
Amendment 720 #
2018/0108(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. If the addressee considers that compliance with the European Production OrderPOC would conflict with applicable laws of a third country prohibiting disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence, it shall inform the issuing authority of its reasons for not executing the European Production Order in accordance with t, it may suspend execution of the EPOC. The procedure referred to in Article 9(5) shall apply.
Amendment 723 #
2018/0108(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The reasoned objection shall include all relevant detailsinformation on the law of the third country, its applicability to the case at hand and the nature of the conflicting obligation. ItThe objection cannot only be based on the fact that similar provisions concerning the conditions, formalities and procedures of issuing a production order do not exist in the applicable law of the third country, nor on the only circumstance that the data is stored in a third country, nor on the location of data storage.
Amendment 725 #
2018/0108(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 726 #
2018/0108(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. If the competent court finds that no relevant conflict within the meaning of paragraphs 1 and 4 exists, it shall uphold the Order. If the competent court establishes that a relevant conflict within the meaning of paragraphs 1 and 4 exists, the competent courexists and that the relevant third country law serves to protect fundamental rights of the individuals concerned or fundamental interests of the third country related to national security or defence, the competent court shall consult the third country concerned. For this purpose, it shall transmit all relevant factual and legal information as regards the case, including its assessment, to the central authorities in the third country concerned, via its national central authority, with. The competent court shall set a 15 day deadline to respond. Upon reasoned request from the third country central authority, the deadline may be extended by up to 30 days. If the third country objects to the execution of the European Production Order, the competent court shall lift the Order and inform the issuing authority and the addressee. If no objection is received within the extended deadline, the competent court shall uphold the Order.
Amendment 728 #
2018/0108(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
6. If the third country central authority,competent court established that a conflict within the dmeadline, informs the competent court that it objects to the execution of the European Production Order in this case, the competent court shall lift the Order and inform the issuing authority and the addressee. If no objection is received within the (extended) deadline, the competent court shall send a reminder giving the third country central authority 5 more days to respond and informing it of the consequences of not providning of paragraph 1 exists and that the relevant third country law prohibits disclosure of the data concerned on grounds other than those enumerated in paragraph 6, the competent court shall determine whether to uphold or withdraw the Order, in particular on the basis of the following factors: (a) the interest protected by the relevant law of the third country, including the third country's interest in preventing disclosure of the data; (b) the degree of connection of the criminal case for which the Order was issued to either of the two jurisdictions, as indicated inter alia by the location, nationality and residence of the person whose data is being sought and/or of the victim(s). (c) the degree of connection between the service provider and the third country in question;the data storage location by itself does not suffice in establishing a substantial degree of connection; (d) the interests of the investigating Sate in obtaining the evidence concerned, based on the seriousness of the offence and the importance of obtaining evidence ing a response. If no objection is receivedn expeditious manner; (e) the possible consequences for the addressee or the service provider of complying within this additional deadline, the competent court shall uphold the Order. e European Production Order, including the sanctions that may be incurred.
Amendment 737 #
2018/0108(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Suspects and accused pPersons whose data was obtained via a European Production Order or European Preservation Order shall have the right to effective remedies against the European Produrespectionve Order during the criminal proceedings for which the Order was issuedissuing State, without prejudice to remedies available under Directive (EU) 2016/680 and Regulation (EU) 2016/679. It shall be exercised before a court in the issuing State in accordance with its national law.
Amendment 759 #
2018/0108(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b a (new)
Article 19 – paragraph 2 – point b a (new)
(b a) the number of EPOCs and EPOC- PRs that have been objected to by the type of data requested, addressees, situation (emergency case or not) and the reason for objection.
Amendment 775 #
2018/0108(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) the enforcing authority or authorities which are competent to enforce European Production Orders and European Preservation Orders on behalf of another Member State;to which the EPOC or EPOC-PR is transmitted for enforcement or which is notified in accordance with Article 7a.
Amendment 778 #
2018/0108(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) the courts competent to deal with reasoned objections by addressees in accordance with Articles 15 and 16.
Amendment 4 #
2018/0107(COD)
Proposal for a directive
Recital 6
Recital 6
(6) To avoid such fragmentation and to ensure that undertakings active in the internal market are subject to the same or similar obligations, the Union has adopted a number of legal acts in related fields such as data protection17 . To increase the level of protection for the data subjects, the rules of the General Data Protection RegulationIn particular, Regulation (EU) 2016/679 ('GDPR)18 provides for the designation of a legal representative in the Union by controllers or processors not established in the Union but offering goods or services to individuals in the Union or monitoring their behaviour if their behaviour takes place within the Union, unless the processing is occasional, does not include processing, on a large scale, of special categories of personal data or the processing of personal data relating to criminal convictions and offences, and is unlikely to result in a risk to the rights and freedoms of natural persons, taking into account the nature, context, scope and purposes of the processing or if the controller is a public authority or body. __________________ 17 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31); Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1); Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37). 18Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).
Amendment 5 #
2018/0107(COD)
Proposal for a directive
Recital 7
Recital 7
(7) By setting out harmonised rules on the legal representation of certain service providers in the Union for receipt of, compliance with and enforcement of decisions issued by competent authorities in the Member States for the purposes of gathering evidence in criminal proceedings, the existing obstacles to the free provision of services should be removed, as well as the future imposition of divergent national approaches in that regard should be prevented. Level playing field for service providers should be established. Moreover, more effective criminal law enforcement in the common area of freedom, security and justice should be facilitated and accelerated.
Amendment 6 #
2018/0107(COD)
Proposal for a directive
Recital 9
Recital 9
(9) When transposing this Directive, Member States shallould ensure that the obligation to designate a legal representative is immediate, that istakes place without undue delay from the date of transposition set out in Article 7 for service providers that offer services in the Union at that date, or from the moment service providers start offering services in the Union for those service providers that will start offering services after the date of transposition thereafter.
Amendment 7 #
2018/0107(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The determination whether a service provider offers services in the Union requires an assessment whether the service provider enables legal or natural persons in the Union to use its services. However, the mere accessibility of an online interface (for instance the accessibility of the service provider’s or an intermediary’s website or of an email address and of other contact details) taken in isolation should not be a sufficient condition for the application of this Directive and has a substantial connection to one or more Member States.
Amendment 8 #
2018/0107(COD)
Proposal for a directive
Recital 13
Recital 13
(13) A substantial connection to the Union should also be relevant to determine the ambit of application of this Directive. Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union. In the absence of such an establishment, the criterion of a substantial connection should be assessed on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States canshould be determined on the basis of all relevant circumstances, including factors such as. The circumstances include the use of a language or a currency generally used in that Member State, or the possibility of ordering goods or services. The targeting of activities towards a Member State could also be derived from the availability of an application (‘app’) in the relevant national app store, fromthe providingsion of local advertising or advertising in thea language used in that Member State, or from the handling of customer relations such as by providingthe provision of customer service in thea language generally used in that Member State. A substantial connection is also to be assumed where a service provider directs its activities towards one or more Member States as set out in Article 17(1)(c) of Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters. On the other hand,18a . However, the mere accessibility of an online interface such as the website of the service provider or an intermediary, an email address and other contact details taken in isolation should not be a sufficient condition for the application of this Directive. Moreover, the provision of thea service in view of mere compliance with the prohibition to discriminate laid down in Regulation (EU) 2018/30219 cannot be, on that ground alone, be considered as directing or targeting activities towards a given territory within the Union. The same considerations should apply to determine whether a service provider offers services in a Member State. __________________ 18aRegulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (OJ L 351, 20.12.2012, p.1-32). 19 Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (OJ L 601, 2.3.2018, p. 1).
Amendment 9 #
2018/0107(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Service providers obliged to designate a legal representative should be able to choose to that effect an existing establishment in a Member State, be it a corporate body or a branch, agency, office or a main seat or headquarters, and also more than one legal representative. Nevertheless, a corporate group should not be forced to designate multiple representatives, one for each undertaking part of that group. Different instruments adopted within the scope of Title V, Chapter 4, of the Treaty on the Functioning of the European Union apply in the relationships between Member States when gathering evidence in criminal proceedings. As a consequence of this ‘variable geometry’ that exists in the common area of criminal law, there is a need to ensure that the Directive does not facilitate the creation of further disparities or obstacles to the provision of services in the internal market by allowing service providers offering services on their territory to designate legal representatives within Member States that do not take part in relevant legal instruments, which would fall short of addressing the problem. Therefore, at least one representative should be designated in a Member State that participates in the relevant Union legal instruments to avoid the risk of weakening the effectiveness of the designation provided for in this Directive and to make use of the synergies of having a legal representative for the receipt of, compliance with and enforcement of decisions and orders issued in the context of gathering evidence in criminal proceedings, including under the [Regulation], Directive 2014/41/EU1a or the 2000 Mutual Legal Assistance Convention. In addition, designating a legal representative, which could also be utilised to ensure compliance with national legal obligations, makes use of the synergies of having a clear point of access to address the service providers for the purpose of gathering evidence in criminal matters. __________________ 1aDirective 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters (OJ L 130, 1.5.2014, p.1-36)
Amendment 10 #
2018/0107(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The service providers most relevant for gathering evidence in criminal proceedings are providers of electronic communications services and specific providers of information society services that facilitate interaction between users. Thus, both groups should be covered by this Directive. Providers of electronic communication services are defined in the proposal for a Directive establishing the Directive 2018/19721a ('European Electronic Communications Code'). They include inter-personal communications such as voice-over-IP, instant messaging and e-mail services. The categories of information society services included here are those for which the storage of data is a defining component of the service provided to the user, and refer in particular to social networks to the extent they do not qualify as electronic communications services, online marketplaces facilitating transactions between their users (such as consumers or businesses)and other hosting services, including where the service is provided via cloud computing. Information society services for which the storage of data is not a defining component, and for which it is only of an ancillary nature, such as legal, architectural, engineering and accounting services provided online at distance, should be excluded from the scope of this Directive, even where they may fall within the definition of information society services as per Directive (EU) 2015/1535. __________________ 1a Directive (EU) 2018/1972 of the European Parliament and the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321 17.12.2018, p.36).
Amendment 11 #
2018/0107(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Service providers should notify the Member State ion whichose territory the legal representative resides or is established of the identity and contact details of their legal representative, as well as related changes and updates of information without undue delay. The notification should also provide information about the languages in which the legal representative can be addressed, which should include at least one of the official languages of the respective Member State where the legal representative resides or is established, but may include other official languages of the Union, such as the language of its headquarters. When the service provider designates more than one legal representative, it may also notify considerations to determine which one should be addressed. These considerations are not binding for Member States’ competent authorities for the prevention, detection, investigation and prosecution of crimes, but should be followed except in duly justified cases. All this information, which is of particular relevance for Member States’ authorities, should be made publicly available by the service provider, for example on its website, in a manner comparable to the requirements for making available general information pursuant to Article 5 of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market20 ('e- Commerce Directive'). For those service providers subject to the e- Commerce Directive, Article 3(3) complements the requirements provided by this Directive but does not replace these requirements. Furthermore, Member States should also publish the relevant information forregarding the legal representatives residing or established on their country on a dedicated site ofto be set up on the e-Justice portal to facilitate coordination between Member States and use of the legal representative byto allow competent authorities from another Member States to quickly identify and address the legal representatives. __________________ 20Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1).
Amendment 12 #
2018/0107(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The infringement of the obligations to designate a legal representative and to notify and make publicly available the information related thereto should be subject to effective, proportionate and dissuasive sanctions. Under no circumstances should the sanctions determine a ban, permanent or temporary, of service provision. Member States should coordinate their enforcement action where a service provider offers services in several Member States with a view to ensure an equivalent level of sanctions. To ensure a coherent and proportionate approach, a coordination mechanism is provided. The Commission cshould facilitate such coordination if necessary, but needs toshould in any case be informed of all cases of infringement. This Directive does not govern the contractual arrangements for transfer or shifting of financial consequences between service providers and legal representatives of sanctions imposed upon them.
Amendment 13 #
2018/0107(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order to ensure the application of the Directive in a consistent manner, additional mechanisms for the coordination between Member States should be put in place. For that purpose, Member States should designate a central authority that can provide central authorities in other Member States with information and assistance in the application of the Directive, in particular where enforcement actions under the Directive are considered. This coordination mechanism should ensure that relevant Member States are informed of the intent of a Member State to undertake an enforcement action, including as regards service providers established outside the Union which have failed to designate a legal representative. In addition, Member States should ensure that central authorities can provide each other with assistance in those circumstances, and cooperate with each other where relevant. Cooperation amongst central authorities in the case of an enforcement action may entail the coordination of an enforcement action between competent authorities in different Member States. For the coordination of an enforcement action, central authorities shall also involve the Commission where relevant. The existence of the coordination mechanism does not prejudice the right of an individual Member State to impose sanctions on service providers that fail to comply with their obligations under the Directive, while double sanctions should be avoided. The designation and publication of information about central authorities will facilitate the notification by service providers of the dresignation and contact details of its legal representative to the Member State where its legal representative resides or is established of the designation and contact detailspective Member State regarding the designation of its legal representative and related information.
Amendment 14 #
2018/0107(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘legal representative’ means a legal orperson established or a natural person, designated in writing by a service provider for the purpose of Articles 1(1), 3(1), 3(2) and 3(3);offering services in the Union for the purpose provided in Article 3 (1) and 3 (2) of this Directive.
Amendment 16 #
2018/0107(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – introductory part
Article 2 – paragraph 1 – point 3 – introductory part
(3) ‘offering services in a Member State’ means:the Union' means enabling legal or natural persons in one or more Member States to use the services referred to in point (2), such as
Amendment 17 #
2018/0107(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
(a) enstabling legal or natural persons in a Member State to use the services referred to in point (2); andshment of the service provider in the Union;
Amendment 18 #
2018/0107(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a a (new)
Article 2 – paragraph 1 – point 3 – point a a (new)
(a a) a significant number of users in one or more Member State(s);
Amendment 20 #
2018/0107(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
(b) having a substantial connection to the Member State referred to in point (atargeting of activities towards one or more Member State(s);
Amendment 22 #
2018/0107(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where a service provider is not established in the Union, Member States shall ensure that such service provider offering services on their territory designates at least one legal representative in the Union for the receipt of, compliance with and enforcement of decisions and orders issued by competent authorities of Member States for the purpose of gathering evidence in criminal proceedings. The legal representative shall reside or be established in one of the Member States where the service provider offers the services.
Amendment 23 #
2018/0107(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Service providers shall be free to designate additional legal representatives, resident or established in other Member States, including those where the service providers offer their services. Service providers which are part of a group shall be allowed to collectively designate one legal representative.
Amendment 24 #
2018/0107(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that, upon designation of its legal representative in accordance with Article 3(1), (2) and to (34), each service provider established or offering services in their territory notifies in writing the central authority of the Member State where its legal representative resides or is established of the designation and contact details of its legal representative as well as any changes thereof.
Amendment 25 #
2018/0107(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The notification shall specify the official language(s) of the Union, as referred to in Regulation 1/58, in which the legal representative can be addressed. This shall include, at least, on one or more of the official languages, in accordance with national law of the Member State, where the legal representative resides or is established.
Amendment 26 #
2018/0107(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall ensure that their central authorities shallcoordinate with each other and, where relevant, with the Commission, and provide each other with relevant information and mutual assistance relevant to the application of this Directive in a consistent and proportionate manner. The coordination and provisioning of information and mutual assistance shall cover, in particular, enforcement actions.
Amendment 70 #
2018/0082(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The number and size of operators vary across the different stages of the agricultural and food supply chain. Differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices. Unfair trading practices are in particulareven more harmful for small and medium-sized operators in the agricultural and food supply chain. Agricultural producers, who supply primary agricultural products, are largelyoften small and medium- sized. sized, but all suppliers irrespective of size are susceptible to unfair trading practices.
Amendment 83 #
2018/0082(COD)
Proposal for a directive
Recital 7
Recital 7
(7) A minimum Union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers. It should benefit all agricultural producers or any natural or legal person that supplies agricultural and food products, including producer organisations and, associations of producer organisations, provided that all those persons meet the definition of micro, small and medium- sized enterprises set out in the Annex to Commission Recommendation 2003/361/EC12 . Those micro, small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability. As the financial pressure on small and medium-sized enterprises and cooperatives. The financial pressure caused by unfair trading practices often passes through the chain and reaches agricultural producers, and therefore rules on unfair trading practices should also protect small and medium- sized intermediary suppliers at the stages downstream of primary production. Protection of intermediary suppliers should also avoid unintended consequences (notably in terms of unduly raising prices) of trade diversion away from agricultural producers and their associations, who produce processed products, to non- protected suppliers. _________________ 12. OJ L 124, 20.5.2003, p. 36.
Amendment 126 #
2018/0082(COD)
Proposal for a directive
Recital 12
Recital 12
(12) When deciding whether an individual trading practice is considered unfair it is important to reduce the risk of limiting the use of fair and efficiency- creating agreements agreed between parties. As a result, it is appropriate to distinguish practices that are foreseen in clear and unambiguous terms in supply agreements between parties from practices that occur after the transaction has started without being agreed in advance in clear and unambiguous terms, so that only unilateral and retrospective changes to those relevant terms of the supply agreement are prohibited. However, certain trading practices are considered as unfair by their very nature and should not be subject to the parties’ contractual freedom to deviate from them. In addition, suppliers should not be put under duress when agreeing to a supply agreement.
Amendment 139 #
2018/0082(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure an effective enforcement of the prohibitions laid down in this Directive, Member States should designate an authority that is entrusted with their enforcement. The authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the agricultural and food supply chain. Where a complainant requests that his identity remain confidential because of fear of retaliation, the enforcement authorities of the Member States should honour such a requestguarantee the complainant's anonymity.
Amendment 160 #
2018/0082(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The enforcement authorities of the Member States should have the necessary powers that enable them to effectively gather any factual information by way of information requests. They should have the power to order the termination of a prohibited praFor the effective implementation of this Directicve, where applicable. The existence of a deterrent, such as the power to impose fines and the publication of investigation results, cenforcement authorities should have the power to outlaw a prohibited unfair trading practice, impose fines, sanctions and publish the results of investigations. These powers can act as a deterrent and encourage behavioural change and pre- litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities. Enforcement authorities should take repeated infringements of this Directive into account. The Commission and the enforcement authorities of the Member States should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this Directive, particularly with regard to fines and sanctions. In particular, the enforcement authorities should provide each other mutual assistance, for example by sharing information and assisting in investigations which have a cross-border dimension.
Amendment 167 #
2018/0082(COD)
Proposal for a directive
Recital 16
Recital 16
(16) To facilitate effective enforcement, the Commission should helpcoordinate and organise meetings between the enforcement authorities of the Member States where best practices can be exchanged and relevant information can be shared. The Commission should establish and manage a website to facilitate those exchanges.
Amendment 198 #
2018/0082(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterprisepurchase of agricultural and food products by a buyer from a supplier and the subsequent sale of these products.
Amendment 246 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) “supplier” means any agricultural producer or any natural or legal person, irrespective of their place of establishment, who sells agricultural and food products. The term “supplier” may include a group of such agricultural producers or such natural and legal persons, including producer organisations and, associations of producer organisations and cooperatives;
Amendment 306 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that at the minimum the following unfair trading practices are prohibited:
Amendment 347 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency, timing or volume of the supply or delivery, the quality standards or the prices of the food products, or the terms of payment;
Amendment 363 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) a supplier pays for the wastage of food products that occurs owhen the agricultural and food products are in the buyer's premisesownership and that is not caused by the negligence or fault of the supplier.
Amendment 375 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) A buyer sells certain products at a loss as a marketing mechanism and the loss or cost is ultimately borne by the supplier;
Amendment 393 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d d (new)
Article 3 – paragraph 1 – point d d (new)
Amendment 402 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d c (new)
Article 3 – paragraph 1 – point d c (new)
(dc) A buyer shares with third parties or misuses, intentionally or otherwise, confidential information relating to the supply agreement, including sensitive trade information shared by the supplier with the buyer;
Amendment 534 #
2018/0082(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A supplierComplaints shall be address a complaint to theed to the enforcement authority of the Member State in which the supplier is located. The enforcement authority which receives the complaint shall forward it for investigation to the competent enforcement authority of the Member State in which the buyer suspected to haveof engageding in a prohibited trading practice is established. When the buyer is established outside the Union, the competent enforcement authority that receives the complaint must take action.
Amendment 591 #
2018/0082(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) to initiate and conduct investigations on its own initiative or based on a complaint, including anonymous complaints or complaints from whistleblowers;
Amendment 603 #
2018/0082(COD)
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) to impose a pecuniary fine on the author of the infringement. The fineand if necessary other dissuasive sanctions on the natural or legal person found to have made an infringement of this Directive, in accordance with national law. The fine and, if necessary, the sanction shall be effective, proportionate and dissuasive taking into account the nature, duration and gravity of the infringement as well as any previous and repeated infringements of this Directive;
Amendment 667 #
2018/0082(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. No soonlater than three years after the date of application of this Directive, the Commission shall carry out an evaluation of this Directive and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee and the Committee of the Regions.
Amendment 669 #
2018/0082(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
Amendment 26 #
2017/2209(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. Whereas pluralism is inseparable from freedom, democracy and the rule of law
Amendment 27 #
2017/2209(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. Whereas the right to inform and the right to be informed are part of the core basic democratic values on which European Union is founded.
Amendment 28 #
2017/2209(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. Whereas the importance of a pluralistic, independent and trustworthy media as a guardian and monitor of democracy and the rule of law cannot be underestimated.
Amendment 35 #
2017/2209(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas civic participation, informed citizenship and the fundamental right to freedom of expression and information can only be guaranteed in any democracy through freedom of the press and pluralism;
Amendment 39 #
2017/2209(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas the empowerment of citizens and their participation in democratic life is born from the establishment of free, independent and pluralistic social media;
Amendment 54 #
2017/2209(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the phenomenon of fake news and online misinformation is increasingly worrying given the facility of publication and the possibility of these contents to be shared by anyone on social networks with global impact. Prevent fake news and online misinformation from destabilizing the normal functioning of institutions, claiming for responsibility of the authors, protecting free speech, means to protect precisely the democratic regimes;
Amendment 61 #
2017/2209(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the effect of the economic crisis, coupled with the simultaneous growth of social media platforms and other high-tech giants and highly selective advertising revenues, have dramatically increased precariousness in the working conditions and social insecurity of media actors, leading to a dramatic drop in professmedia sector plays a key economic, social and cultural role in any democratic society. Europe has a strong media industry, which creates growth and job and has an important role concerning the respect, protectional and social standards in jopromotion of plurnalism and freedom of media;
Amendment 68 #
2017/2209(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the provisions of the Charter of Fundamental Rights of the European Union and of the Treaty on the European Union which ensure respect for these principles are pursed through positive actions to promote freedom and pluralism of the media, to promote the quality, access and availability of information (positive freedom), but also requires the omission by public authorities in order to avoid harmful aggressions (negative freedom);
Amendment 70 #
2017/2209(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas recent political developments in different Member States, where nationalism and populism are growing, the increased pressures and threats against journalists shows that the European Union must ensure, promote and defend media freedom and pluralism;
Amendment 77 #
2017/2209(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas persons who knowingly report wrong or misleading information with the intention to harm third parties should not be considered as whistleblowers and thus should not enjoy the protection mechanisms;
Amendment 93 #
2017/2209(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the decision to name the European Parliament press room to slain journalist Daphne Caruana Galizia; Reiterates to this end its call for a European Parliament annual prize for investigative journalism to be named after Daphne Caruana Galizia;
Amendment 94 #
2017/2209(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses the importance of guaranteeing the right to quality information by enhancing citizens' access to reliable information but preventing the propagation of online misinformation.
Amendment 95 #
2017/2209(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Underlines that the proliferation of untruthful news throughout social media can negatively affect the quality of political debate on issues crucial for democratic societies and the political engagement of well-informed citizens.
Amendment 96 #
2017/2209(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Emphasizes the shared responsibility of lawmakers, journalists, publishers and internet intermediaries, but also of citizens as consumers of information.
Amendment 97 #
2017/2209(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Considers essential to have independent authorities to ensure a strong independent supervision of the audiovisual media. Citizens should be able to rely on the independence of the media so that democracy works properly.
Amendment 98 #
2017/2209(INI)
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Emphasizes that freedom of the press requires that independence from political and economic power, which implies equal treatment regardless their editorial orientation.
Amendment 99 #
2017/2209(INI)
Motion for a resolution
Paragraph 1 f (new)
Paragraph 1 f (new)
1 f. Reiterates the importance of ensuring a journalism that benefits from mechanisms that prevent the concentration on single groups, monopolistic or quasi-monopolistic groups, ensuring free competition and editorial diversity.
Amendment 100 #
2017/2209(INI)
Motion for a resolution
Paragraph 1 g (new)
Paragraph 1 g (new)
1 g. Stresses that transparency with regard to the disclosure of ownership and means of funding must be ensured.
Amendment 111 #
2017/2209(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Is concerned with the state of media freedom in Malta following the assassination of anti-corruption journalist Daphne Caruana Galizia in October 2017, who was also subject to harassment, including precautionary warrants that froze her bank accounts, and threats made by multi-national companies;
Amendment 117 #
2017/2209(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to create and maintain, in law and in practice, a safe and secure environment for journalists and other media actors, enabling them to perform their work in full independence and without undue interference – such as the threat of violence, harassment, financial, economic and political pressure, pressure to disclose confidential sources and materials, and targeted surveillance; highlights the importance of taking a gender-sensitive approach when considering measures to address the safety of journalists;
Amendment 128 #
2017/2209(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 133 #
2017/2209(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the European Commission to propose an Anti-SLAPP (Strategic lawsuit against public participation) Directive that will protect independent media from vexatious lawsuits intended to silence or intimidate them in the EU.
Amendment 144 #
2017/2209(INI)
Motion for a resolution
Paragraph 8 – subparagraph 1 (new)
Paragraph 8 – subparagraph 1 (new)
Considers as essential for the good health of democracy to have a fair and impartial journalism. Journalism done with objectivity and truth, free of political motivations and economic interests.
Amendment 145 #
2017/2209(INI)
Motion for a resolution
Paragraph 8 – point 1 (new)
Paragraph 8 – point 1 (new)
(1) Stresses that journalism must be responsible. Journalism is the opposite of defamation and insults. The use of press powers to unjustifiably attack people, companies or other entities, based on fact that are known to be false or probably false, cannot be exempt from liability. The right to judicial recourse for civil and criminal defence of their good name and honour must be assured.
Amendment 146 #
2017/2209(INI)
Motion for a resolution
Paragraph 8 – point 2 (new)
Paragraph 8 – point 2 (new)
(2) Emphasizes that media freedom and pluralism always requires consideration of other rights such as the dignity of the human person, the rights of persons to moral integrity, the good name and reputation, word and image or privacy.
Amendment 163 #
2017/2209(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reaffirms thatThe anonymity and encryption are essential tools for the exercise of democratic rights and freedoms, for promoting trust in the digital infrastructure and communications, and for protecting the confidentiality of sources in journalism; calls on the Commission and the Member States to refrain from adopting unnecessary and disproportionate measures to undermine encryption and from allowing or facilitating backdoors;However, the frontier between responsible journalism and anonymous actors has been blurred. The role of editorial responsibility and liability of both traditional and new media must be underlined.
Amendment 165 #
2017/2209(INI)
Motion for a resolution
Paragraph 12 – subparagraph 1 (new)
Paragraph 12 – subparagraph 1 (new)
Underlines the fact that "dark" side of encryption and anonymity is a reflection of the fact that wrongdoing offline takes place online as well. Law enforcement and counter-terrorism officials express concern that terrorists and criminals use encryption and anonymity to hide theirs activities, making it difficult to prevent and conduct investigations.
Amendment 167 #
2017/2209(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Recognizes that encryption and anonymity provides the privacy and security necessary for the exercise of the right to freedom of opinion and expression in the digital age. Restrictions on encryption and anonymity must be limited according to principles of legality, legitimacy, proportionality and necessity.
Amendment 210 #
2017/2209(INI)
Motion for a resolution
Paragraph 15 – subparagraph 1 (new)
Paragraph 15 – subparagraph 1 (new)
Emphasizes that self-regulatory mechanisms must be ensured for journalists to appreciate their good and even bad practices with sanctions.
Amendment 211 #
2017/2209(INI)
Motion for a resolution
Paragraph 15 – point 1 (new)
Paragraph 15 – point 1 (new)
(1) Calls the Commission to consider the best practices from national level to ensure the quality of journalism and reliability of the information published.
Amendment 3 #
2017/2116(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas, historically, the European deficit in protein crops dates back to old international trade agreements, especially with the United States, which allowed the European Community to protect its cereal production but in return allowed duty-free imports of protein crops and oilseeds into the Union (GATT and 1992 Blair House Agreement); whereas this was accompanied by significant progress in the efficiency of protein crop production in third countries, leading to a competitive disadvantage for EU farmers, for whom protein crop production is not sufficiently attractive from an economic point of view;
Amendment 5 #
2017/2116(INI)
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-Ab. whereas total European production of protein-rich matter rose from 24.2 to 36.3 million tonnes (+50%) between 1994 and 2014, but whereas at the same time consumption increased from 39.7 million tonnes to 57.1 million tonnes (+44%); whereas the Union’s overall deficit (20.8 tonnes in 2014) is therefore increasing;
Amendment 6 #
2017/2116(INI)
Motion for a resolution
Recital -A c (new)
Recital -A c (new)
-Ac. whereas livestock sectors in the Union are extremely sensitive to price volatility and distortion of competition and are dependent on imports of affordable and high quality vegetable protein, which poses a real challenge for European farms;
Amendment 48 #
2017/2116(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in recent years China has become the world’s largest importer of soya and has launched a genuine and non- transparent security of supply strategy for itself which could threaten our own supplies tomorrow and endanger the stability of the markets of the Union;
Amendment 83 #
2017/2116(INI)
Motion for a resolution
Recital I
Recital I
I. whereas there is a need today for a strategic, effective and ambitious protein supply plan to be implemented for the sustainable development of European agriculture; whereas such a plan requires the mobilisation of several EU policies, first and foremost the CAP; whereas legal certainty and the stability and coherence of European public policies are essential parts of any credible long-term protein strategy;
Amendment 86 #
2017/2116(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas in recent decades the Union has used three main levers to support the objective of European protein independence, namely voluntary coupled aid for protein and oilseed crops, EU biofuel policy and the conditionality of 30% of direct support introduced by the last reform of the Common Agricultural Policy in relation to the implementation of greening measures, including the obligation to devote 5% of arable land to ecological focus areas (EFAs) and the decision to allow nitrogen-fixing crops and catch crops;
Amendment 90 #
2017/2116(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas over the period 2000-2013 the measures introduced by the CAP did not by themselves succeed in reversing the declining trend or stagnation in protein production in Europe, but whereas since 2013 the combination of such support together with the ‘greening’ measure authorising the cultivation of protein crops in ecological focus areas has been a decisive factor in a return to growth in the area and production of proteins in Europe;
Amendment 93 #
2017/2116(INI)
Ic. whereas protein crop cultivation can participate fully in the circular economy by producing, on the one hand, meal used in animal feed and, on the other hand, vegetable oils or other by- products used in biofuels; whereas the production of rapeseed meal has doubled since 2004, with 9.3 million tonnes being directly attributable to biofuel production in the EU;
Amendment 95 #
2017/2116(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the proteins research policy should be stepped up and extended over the, owing to the small share of protein crop cultivation in the EU, the number of vegetable protein research programmes is falling, matched by a decline in training, innovation and the acquisition of practical experience in the EU; whereas the proteins research policy should be stepped up but would only succeed if it is backed by medium- to long -term political commitments;
Amendment 120 #
2017/2116(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes the view that it is time to implement a major strategic European vegetable protein supply plan based on the sustainable development of all the crops grown throughout the EU; further takes the view that this change implies a substantial alteration of our production systems to meet the requirements of the circular economy and of agroecology; sustainable farming production;
Amendment 251 #
2017/2116(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls for heavy investment in research, including varietal research, to improve the technical performance of these crops and solve the pressing agronomic issues that are limiting protein crop cultivation, such as the stabilisation of yields in the face of changes in climatic conditions;
Amendment 261 #
2017/2116(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes the view that this plan calls for the mobilisation and coordination of several EU policies: the CAP, research policy, environmental and climate action policy; the neighbourhood policy and trade policy;
Amendment 283 #
2017/2116(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Member States to make full use of the support available under voluntary coupled aid, as currently only 16 Member States made use of such possibility (11% of EU aid covering 4.3 million hectares);
Amendment 286 #
2017/2116(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Believes that useful lessons should be learnt from the recent ban on the use of pesticides in Ecological Focus Areas, even though, in 2016, they accounted for15 % of Europe’s arable land (8 million hectares) and almost 40% of these areas are used for nitrogen-fixing or catch crops; stresses that farmers are now faced with a dilemma between bearing the cost of starting and continuing to grow these crops without the assurance of being able to react to pest invasions, or reducing the share of ecological focus areas to what is strictly required under the rules, or choosing to leave them uncultivated;
Amendment 289 #
2017/2116(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Welcomes the fact that, in the context of the omnibus revision of the Common Agricultural Policy, Parliament obtained a revaluation of the conversion coefficient for nitrogen-fixing crops from 0.7 to 1 in compensation for the ban on the use of pesticides in Ecological Focus Areas;
Amendment 290 #
2017/2116(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Stresses that biofuels form part of a circular economy when they are manufactured from by-products, waste or residues, take up a small proportion of farmland, are beneficial with regard to crop rotation and diversification and to making use of fallow land in accordance with the green measures under the CAP and do not, on their own, cause food prices to go up;
Amendment 24 #
2017/2088(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the shortage of young people pursuing careers in farming is jeopardising the economic and social sustainability of rural areas and the food sufficiency of the European Union;
Amendment 74 #
2017/2088(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recommends that the support to the ‘Young Farmer Scheme’ should continue and the maximum level of national funding allocation be increased beyond 2 %implement the recent decisions taken in the Omnibus Regulation in order to encourage generational renewal;
Amendment 82 #
2017/2088(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Encourages the setting up of an Erasmus type scheme to improve young farmers' skills and experience; believes that such a programme should be focused on vocational training and would benefit young farmers and also promote the young farmer scheme;
Amendment 86 #
2017/2088(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 129 #
2017/2088(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the fact that Common Agricultural Policy (CAP) reform 2014- 2020 introduced new measures to support young farmers in setting up farms; expresses concern however thatthat the level of administrative burdens may be inhibitings the take-up of these measures; notes that the overall administration of the direct payments and Rural Development Programme measures is perceived as very complex and difficult, especially for new entrants who are not familiar with the payment system;
Amendment 139 #
2017/2088(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Congratulates the European Commission on its intention to deepen the measures promoting generational renewal in the forthcoming reform of the CAP but considers that these new initiatives should be covered by a sufficient European budget, since otherwise they will fail to provide the desired incentive effect;
Amendment 157 #
Amendment 158 #
2017/2088(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that access to land is the largest barrier to new entrants to farming in Europe and is limited by the low supply of land for sale or rent in many regions, as well as by the competition from other farmers, investors and residential users; considers that the land access problem is exacerbated by the current direct payment structure, which requires minimal active use of the land and allocates subsidies largely on the basis of land ownership; believes that the existing farmers are incentivised to retain land access in order to retain subsidy access instead of ensuring the best use of the land; recommends increasing the activity levels required to receive payments and to target subsidy payments towards the achievement of particular outcomes (e.g. production of specific environmental or social goods);
Amendment 182 #
2017/2088(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that Member States could develop tools such as land banks (already existing in some Member States) to further facilitate access to land and prioritizing new entrants to farming;
Amendment 195 #
2017/2088(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 216 #
2017/2088(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that in many Member States the generational renewal and the access of young people to agricultural land is hindered by late succession; considers that the current CAP lacks any incentives for older farmers to pass their businesses to younger generations; recommends reconsidering the implementation of measures that would motivate older holders to pass their farms to young farmers, such as the ‘farm-exit scheme’ and other incentives for retirement;
Amendment 232 #
2017/2088(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that the Member States and the regions should be given more power to regulate farmland and set restrictions to that end, particularly with a view to tackling Europe’s land-grabbing and concentration phenomenon, which is limiting young farmers’ options when starting out;
Amendment 252 #
2017/2088(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. The same conditions and standard of living should be ensured for young people living in rural areas as well as for those living in urban areas. In order to avoid discrimination and to prevent the abandonment of rural areas, it should be provided: Wi-Fi connection, access to health, education, training and innovation, better roads;
Amendment 261 #
2017/2088(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Encourages the setting-up of an "Erasmus" type scheme associated with vocational training to improve young farmers' skills and experience;
Amendment 289 #
2017/2088(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that developing modern agricultural practices will make agriculture more attractive to young farmers; highlights that young farmers must be trained and skilled in the latest technologies to tackle, in particular, current and future environmental challenges; stresses the need to support innovative digital farming technology and urges the Commission to ensure that any future CAP reflects this;
Amendment 290 #
2017/2088(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers it necessary, therefore, to provide critical support to young people wishing to introduce innovative production techniques and processes, such as precision agriculture and conservation systems, which aim to enhance the cost-effectiveness and environmental sustainability of the farming sector;
Amendment 298 #
2017/2088(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Measures to arrest the rural exodus Considers it necessary to offer young farmers long-term prospects so as to arrest the rural exodus, and calls on the Commission and the Member States to look into new initiatives for establishing the infrastructure necessary to support new entrepreneurs and their families in rural areas.
Amendment 175 #
2017/2027(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Highlights the need for agreements to make reference to the right to freedom of expression and freedom of assembly in the LAC countries;
Amendment 201 #
2017/2027(INI)
16. Calls on the EU and LAC countries to address the problem of corruption in a more demanding and thorough manner, through measures ranging from prevention to law enforcement and criminal prosecution, and points out that the existence of corruption undermines not only social welfare, but also the political legitimacy and quality of democratic government;
Amendment 219 #
2017/2027(INI)
18. Highlights the importance of the opening of negotiations for the modernisation of the EU-Mexico Global Agreement, the progress made in the negotiations for the modernisation of the EU-Chile Association Agreement, and the speeding up of the EU-Mercosur negotiations, without prejudice to the bilateral agreements with Brazil, and calls for the ratification of the EU-Central America Association Agreement by all national parliaments of the EU Members States;
Amendment 221 #
2017/2027(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Highlights the importance and fragility of the EU-Cuba agreement and the need to guarantee a legal framework to facilitate and promote the country’s transition to a democratic regime;
Amendment 222 #
2017/2027(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Stresses the need rapidly to find solutions to the serious political and economic problem in Venezuela, based on the principles of a democratic state governed by the rule of law, guaranteeing independent courts, a free press and safeguards for the fundamental rights of citizens;
Amendment 833 #
2017/0352(COD)
Proposal for a regulation
Article 55b – paragraph 4
Article 55b – paragraph 4
Regulation (EU) 2018/XX [the SIS Regulation in the field of law enforcement]
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 38 #
2017/0226(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The use of new types of payment instruments creates opportunities for consumers and businesses but also increases opportunities for fraud. It is used not only to fund criminal groups but it also limits the development of the digital single market and makes citizens more reluctant to make online purchases.
Amendment 69 #
2017/0226(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Fraud and counterfeiting of non- cash means of payment can result in serious economic and non-economic consequences for its victims. Where such fraud involves identity theft, its consequences are often aggravated because of reputational damage andand professional damage as well as serious emotional harm. Member States should adopt measures of assistance, support and protection aimed at mitigating these consequences.
Amendment 75 #
2017/0226(COD)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) The prevention and combating of criminality, whether organized or not, must be achieved through closer cooperation between police authorities and other competent authorities in the Member States, both directly and through Europol, with a particular focus on improving the exchange of information between authorities responsible for criminal prevention and investigation.
Amendment 133 #
2017/0226(COD)
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 (new)
Article 11 – paragraph 2 – subparagraph 1 (new)
Amendment 158 #
2017/0226(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall take the necessary measures to encouragesure that financial institutions and other legal persons operating in their territory to report without undue delay suspected fraud to law enforcement and other competent authorities, for the purpose of detecting, preventing, investigating or prosecuting offences referred to in Articles 3 to 7.
Amendment 163 #
2017/0226(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Member States are encouraged to set up national single online information tools to facilitate access to assistance and support for victims.
Amendment 176 #
2017/0226(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [124 months after entry into force]. They shall immediately inform the Commission thereof.
Amendment 26 #
2016/2306(INI)
Draft opinion
Paragraph 4 – subparagraph 1 (new)
Paragraph 4 – subparagraph 1 (new)
Points out that according to a 2012 study from the European Commission, if all EU waste legislation was fully implemented, Europe would save €72 billion a year, the turnover of the waste management and recycling sector would rise by €42 billion, and it would create 400,000 jobs by 2020. Recalls that reducing the amount of waste and the compliance with the legislation on this matter should be seen as a highest priority.
Amendment 31 #
2016/2306(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to mainstream the Sustainable Development Goals into the European Semester process.
Amendment 43 #
2016/2306(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that effective investment in health, including health promotion and disease prevention, is an essential condition for economic prosperity and growth promotion, producing results in terms of productivity, labour supply, human capital and public spending.
Amendment 46 #
2016/2306(INI)
Draft opinion
Paragraph 5 – subparagraph 1 (new)
Paragraph 5 – subparagraph 1 (new)
Stresses the need to create a sustainable system of knowledge sharing in the field of health technology assessment. The aim of the health technology assessment is to address issues related to the properties of health technologies, including their safety, efficacy, efficiency, applicability, indications, costs, cost-effectiveness and social, ethical and economic consequences of their use.
Amendment 59 #
2016/2306(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Welcomes the new "State of Health in the EU" initiative and believes that potential synergies with the European Semester cycle must be exploited. Encourages Member States to use the gathered evidence in their policy-making and share best practices with a view of reducing health inequalities.
Amendment 8 #
2016/2250(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points to the importance of the ruling handed down on 15 December 2015, in which the Court of Justice established that Article 349 TFEU is the proper legal basis for adopting and adjusting EU legislative measures, thereby consolidating the status of the outermost regions (ORs) and confirming the need for all EU policies to differentiate in their favour in order to mitigate the permanent intrinsic constraints affecting them and, thus, allowing their economies to compete on an equal footing with the rest of the Union;
Amendment 23 #
2016/2250(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights the importance of rural development programmes in the ORs, thanks above all to their role in complementing direct support and in implementing the guidelines defined by the European Union: promoting social inclusion, poverty reduction and economic development in rural areas (1), promoting food chain organisation, animal welfare and risk management in agriculture (2); fostering knowledge transfer and innovation in agriculture, forestry, and rural areas (3); enhancing the viability and competitiveness of all types of agriculture and promoting innovative farm technologies and sustainable management of forests (4); promoting resource efficiency and supporting the shift towards a low-carbon and climate-resistant economy in the agriculture, food and forestry sectors (5);
Amendment 26 #
2016/2250(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Points out that the POSEI programmes regularly show annual implementation rates of around 100%, but the budget allocated to many of these measures is manifestly insufficient to cover the needs of the farming sector in these regions;
Amendment 33 #
2016/2250(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Maintains that the abolition of market management toolend of quotas in the milk sector, the loss of business opportunities resulting from the Russian embargo, growing price volatility, and the prevailing crisis are undermining the sustainability of milk production in the Azores, one of the main driving forces within the region’s socio-economic fabric; points, therefore, to the need to take extraordinary measures, backed by the necessary resources, in order to help milk production continue in the Azores and to offset the effects of deconstraints and restrictions regsulation andng from changes in the market, as well as the difficulty of selling production;
Amendment 37 #
2016/2250(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights the tremendous importance of banana production in the outermost regions of Madeira and the Azores, as well as the importance of other smaller-scale production sectors such as honey, pineapple, passion fruit, tea and beet, among others, which means that these sectors should continue to receive support tailored to their needs;
Amendment 39 #
2016/2250(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Believes that it is necessary to increase the budget of POSEI in order to provide greater support for the diversification of agricultural production in the outermost regions and to introduce actions orientated to solving the market crises faced by certain sectors, including tomatoes, livestock and beef in certain regions, and to facilitate the development of some small-scale productions, like goat and sheep dairy products, honey, flowers, sugar beet, tea, pineapple, passion fruit and others;
Amendment 41 #
2016/2250(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Warns of the potential impact of free trade agreements on traditional OR products (including milk, meat, sugar, and bananas)OR products and urges the Commission to honour the commitment arising from the POSEI Regulation to gauging the impact of trade negotiations on matters affecting ORs and to involving the ORs in, and informing them about, negotiating processes; reiterates the importance of the specific support schemes for the banana and sugar sectors and maintains that special sugars must be excludedproducts of these regions and asks for appropriate measures to offset the negative effects of trade agreements with third countries on OR agricultural sectors and the exclusion of sensitive products from tradhose negotiations, such as special sugars;
Amendment 43 #
2016/2250(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Warns of the potential impact of free trade agreements on traditional OR products (including milk, meat, sugar, and bananas) and urges the Commission to honour the commitment arising from the POSEI Regulation to gauging the impact of trade negotiations on matters affecting ORs and to involving the ORs in, and informing them about, negotiating processes; reiterates the importance of the support schemes for the banana and sugar sectors, urges that similar support mechanisms be introduced for milk from the ORs and maintains that special sugars must be excluded from trade negotiations;
Amendment 49 #
2016/2250(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Takes the view that an additional financial allocation is needed over and above the existing envelope, with the aim of introducing actions geared to resolving market crises in the ORs’ traditional sectors; in the case of milk, urges the Milk Observatory to include the ORs, on an autonomous and independent basis, in its assessment of market prices and to define clear criteria for declaring a crisis in this sector in the region, together with the Commission, producer organisations and the Member State;
Amendment 51 #
2016/2250(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Urges the Commission to carry out regular analyses of the markets of the Member States concerned and to consult these Member States and producers in the ORs and decide appropriate support measures, including financial compensation, in case a serious deterioration of the situation of producers or markets occurs or is likely to occur because of trade concessions made to third countries;
Amendment 56 #
2016/2250(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Considers that farmers in the ORs should be encouraged to promote their high quality products and that to this end, the use of the ORs' logo, as well as other forms of quality certification, should be promoted and given the necessary funds;
Amendment 59 #
2016/2250(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges the Commission, bearing in mind that the shortage of land and problems in relation to land consolidation pose an obstacle to the entry of new farmers in the ORs, to support early retirement schemes accompanied by incentives designed to encourage young farmers to take up farming;
Amendment 61 #
2016/2250(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Given that agriculture and fisheries form part of the primary sector in these regions, and also bearing in mind the importance of the sea and marine resources in promoting cohesion and development in the outermost regions and the implementation of Article 349 TFEU, regrets the fact that this report is not accompanied by the opinion of the European Parliament’s Committee on Fisheries; urges the Commission, in this context, to respect Article 349, also in relation to fisheries, by fully reinstating the independent POSEI-Pescas programme which was abolished as part of the reform of the current European Maritime and Fisheries Fund (EMFF);
Amendment 9 #
2016/2224(INI)
Draft opinion
Recital Β a (new)
Recital Β a (new)
Ba. Whereas in the public sector, protecting whistle-blowers can make it easier to detect the misuse of public funds, fraud and other forms of cross-border corruption linked to national or European Union interests.
Amendment 24 #
2016/2224(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that whistle-blowing plays a crucial role in the fight against corruption and other serious crimes; points out that protection of whistle-blowers should not be limited only to cases where confidential information is revealed but to all cases of disclosure of misconduct, wrongdoing or involvement in illegal activities; points out that the existing national legislation and the existing Union legislation on protection of whistle- blowers is scattered and that the protection of whistle-blowers across the Member States is uneven, which often impacts negatively on EU policies;.
Amendment 29 #
2016/2224(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that persons who knowingly report wrong or misleading information to competent authorities should not be considered as whistle- blowers and thus should not enjoy the protection mechanisms.
Amendment 30 #
2016/2224(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that protection against further conviction for defamation or breach of professional secrecy must be ensured.
Amendment 31 #
2016/2224(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that protection of whistle- blowers should be harmonised at EU level; is of the opinion that a horizontal EU legal instrument providing protecTakes note on the European Commission consultation foron whistle- blowers in the public and private sectors and complemented by sectoral rules would be the most efficient approach in order to ensure comprehensive and genuine protection of whistle-blowers; reiterates in this regard its call on the Commission to present by the end of 2017 a legislative proposal defining whistle-blowing and setting out common rules for theprotection; emphasises that only EU action must have an appropriate legal basis and must be in line with the principle of protecportion of whistle-blowers1 ; _________________ 1 Text adopted P8_TA(2016)0403ality and subsidiarity.
Amendment 39 #
2016/2224(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern at retaliation against whistle-blowers in their personal and professional lives, and at the possibility of initiating criminal and civil judicial proceedings against whistle- blowers; calls for the creadefinition of a clear horizontal legal framework that includes definitions, protection against different forms of reprisals, and exemptions from criminal and civil proceedings, according to criteria to be established;common principles on the protection of whistle-blowers in the Member States, with respect for the principle of subsidiarity, with a view to the possible harmonisation of the different legal frameworks.
Amendment 54 #
2016/2224(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the creation of legal and secure disclosure channels at national level to facilitate reporting to the competent authorities of information on threats to the public interest; the authorities shall assure that in the cases of financial hardship the legal aid is granted in all process stages.
Amendment 60 #
2016/2224(INI)
4a. The rights of defence and access to remedies of the reported person should be fully respected at every stage of the procedure, including the right to access to the file, the right to be heard and the right to seek effective remedy against the decision, under the applicable procedures set out in national law.
Amendment 63 #
2016/2224(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Member States should ensure that competent authorities have in place adequate protection procedures for the processing of reports of infringements and reported persons’ personal data; such procedures should ensure that the identity of the person is protected at all stages of the procedure; this obligation should be without prejudice to the necessity and proportionality of the obligation to disclose information when this is required by Union or national law and subject to appropriate safeguards under such laws, including in the context of investigations or judicial proceedings or to safeguard the freedom of others, including the rights of defence of the reported person.
Amendment 75 #
2016/2224(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the Member States to comply with the Recommendations of Council of Europe on the protection of whistle-blowers.
Amendment 76 #
2016/2224(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the European Commission to evaluate the possibility to debate the situations of the whistle- blowers who are taking part of the wrongdoing, namely the possibility to introduce the mechanism of plea bargaining. In order to create an effective tool to fight against corruption and organised crime, it is necessary to have in account not only the situations where the whistle-blowers only reports the wrongdoing but also those who are effectively part of those actions and decide to report to the authorities.
Amendment 37 #
2016/2222(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recognises the importance of preserving the rainforest and biodiversity, but stresses that this preservation should be combined with rural development policy instruments to prevent poverty and promote employment in the concerned areas;
Amendment 64 #
2016/2222(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes the palm oil exploitation is not the only cause of deforestation, also the expansion of the illegal logging is responsible for this situation;
Amendment 84 #
2016/2222(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 98 #
2016/2222(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recognises some gaps of existing certification schemes, which should be improved constantly to ensure the sustainability of palm oil production;
Amendment 102 #
2016/2222(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission to step up dialogue with governments of palm-oil- producing countries in orderthe frame of bilateral agreements to encourage the introduction of effective environmental legislation in palm oil producing countries to prevent land use changes and to increase environmental, land tenure and human rights standards, as well as transparency on land tenure and corporate ownership;
Amendment 122 #
2016/2222(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to establish a regulatory framework of strong and enforceable measures to guarantee that all actors throughout the supply chain, including EU financial institutions and the investments and loans they provide, pare not involved in deforestationticipate in sustainable projects and contribute to economic and social development in the concerned regions to ensure the protection of the rainforest and biodiversity;
Amendment 148 #
2016/2222(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for the phasing-out of all land-based biofuels, such as palm oil biodiesebiofuels, based on palm oil, that drive deforestation and compete against food production for land or do not significantly reduce greenhouse gas emissions;
Amendment 155 #
2016/2222(INI)
Draft opinion
Paragraph 8 – subparagraph 1 (new)
Paragraph 8 – subparagraph 1 (new)
Highlights that palm oil biodiesel can be replaced by biodiesel made from European raw materials, especially in land that is not currently being used;
Amendment 164 #
2016/2222(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls to support the EU's biofuel policy of the first-generation biofuels made from European raw materials generating animal feeding stuff for the European market;
Amendment 165 #
2016/2222(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Call for the permanent reintroduction of support for butter fat for use in ice cream and bakery products, with the aim of permanently replacing palm oil, which is imported from third countries and sometimes produced under environmentally questionable conditions;
Amendment 17 #
2016/2148(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that rural areas, particularly the least developed areas, can make a significant contribution to increasing employment and reducing poverty by boosting investment in innovation and education to help modernise rural areas, make them more competitive and thereby guarantee generational renewal;
Amendment 18 #
2016/2148(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Takes the view, therefore, that in order to guarantee economic growth in rural areas, all cutting or freezing of the funding allocated to those areas must be avoided;
Amendment 29 #
2016/2148(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. NoteRegrets that the budget initially allocated for the current programming period under Pillar II was EUR 99.6 billion, which represents a decrease in real terms compared with the previous period, but because ofalthough owing to provisions for additional national financing, variable co- financing rates and the possibility of fund- switching between CAP pillars, the final amount shows a slight overall increase at present;
Amendment 109 #
2016/2148(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to adopt a set of guidelines in order to show the agri-food industry the funding options available under the European Structural and Investment Funds, in combination with the new European Fund for Strategic Investments.
Amendment 18 #
2016/2078(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the estimated 7 million equidae in the EU perform hugely varied roles, from racing and competition animals to pets, working animals in transport,education, leisure, sports, tourism, forestry and agriculture, sources of milk and meat, research animals, and wild and semi-feral animals, and whereas they may perform several of these roles during their lives;
Amendment 32 #
2016/2078(INI)
Motion for a resolution
Recital G
Recital G
G. whereas there is insufficient data available to directly quantify how many working equidae are used on small and semi-subsistence farms, 86 % of which. An important number are found in the newer Member States, and in tourism;
Amendment 39 #
2016/2078(INI)
Motion for a resolution
Recital J
Recital J
J. whereas equidae provide valuable employment and revenue to localities from tourism, but the welfare of some equidae is compromised and tourists are too often insufficiently informed to identify welfare problems15 ; _________________ 15Santorini Donkey and Mule Taxis – an Independent Animal Welfare Report for the Donkey Sanctuary, 2013.farm and tourism;
Amendment 53 #
2016/2078(INI)
Motion for a resolution
Recital K
Recital K
K. whereas unlimited, indiscriminate and irresponsible breeding of equidae, in some areas, can lead to animals that are devoid of economic value and are often left with seriousthat may find themselves in situations affecting their welfare problems, particularly during an economic downturn; whereas equid abandonment, especially by private individuals, has increased since 2008 in western Member States, especially where they have become expensive luxuries as opposed to working animals16 ; _________________ 16The Donkey Sanctuary & University College Dublin: Donkey Welfare in Ireland in 2015.
Amendment 62 #
2016/2078(INI)
Motion for a resolution
Recital M
Recital M
M. whereas owners are faced with difficult decisions when they are no longer able to sufficiently care for their equidae; whereas in some Member States euthanasia is too often the first recourse for owners who are no longer able to meet the equid’bear the cost of veterinary care for an animal and the cost of ensuring its welfare needs, yet in other Member States, equidae can only be euthanised where there is a clear immediate veterinary need, irrespective of the long-term welfare of the animal concerned;
Amendment 99 #
2016/2078(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that good equid health and welfare boosts the economic output of farms and businesses alike and benefits the rural economy overall and encourages Member States to create an environment in which farmers can earn enough to make their businesses viable;
Amendment 102 #
2016/2078(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Nevertheless, a fair fiscal system adapted to the different needs of each Member State that allow professional horse farmers to generate the necessary revenues to maintain economic activity in the European equestrian farms, is not yet in place.
Amendment 104 #
2016/2078(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to introduce EU-wide measures that will take greater account of the equine sector and its benefits for the rural economy, in particular under the CAP;
Amendment 108 #
2016/2078(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Affirms that equid owners, especially private individuals, should have a minimum level of knowledge of equid husbandry, from birth to the end of its life, provided by professional horse farmers, and that with ownership comes a personal responsibility for the standard of health and welfare of the animals in their care;
Amendment 133 #
2016/2078(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to actively support the development of guides to good practice, in consultation with representatives of professional agricultural organizations recognized by the EU, by releasing resources for translation of such documents and assisting with their distribution;
Amendment 143 #
2016/2078(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to collect experiences and good practices of different Member States in terms of animal welfare and support the production and dissemination of this information on how to meet the needs of equidae, whatever their role, based around the ‘five freedoms’ and covering the entirety of an equid’s life; calls also on the Commission to include guidance on responsible breeding and the benefits of equid sterilisation; recommends that such guidance should be disseminated, in collaboration with representative professional agricultural organizations at European level recognized by the EU, to breeders, equid societies, farms, stables, sanctuaries, transporters and slaughterhouses, and that it should be accessible in a variety of formats, including online;
Amendment 210 #
2016/2078(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to commit to the development of validated Animal Welfare Indicators, which should be used to assess the welfare of equidae, identify existing problems and help drive improvements;, in close cooperation with the representatives of professional organizations recognized by the EU that have implemented similar tools in many farms riding schools across the EU.
Amendment 254 #
2016/2078(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Whereas the majority of horse owners and handlers behalf responsibly; The promotion of animal welfare can only succeed in the framework of economically viable production systems. The professionals need to remain economically viable whilst responding effectively to new challenges such as limited natural resources, the effects of the climate change or the emergence and spread of new diseases;
Amendment 255 #
2016/2078(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Calls on the Commission to commit itself to programs of financial support for the preservation and protection of native species of the EU in the wild or in danger of extinction;
Amendment 256 #
2016/2078(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18 c. Stresses the importance of extraordinary measures to combat the abandonment of equidae in the Member States;
Amendment 257 #
2016/2078(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18 d. Calls on the Commission to promote the holding of international congresses with current topics of relevant interest to the equestrian sector, as well as the promotion of professional exchanges on the theme;
Amendment 258 #
2016/2078(INI)
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18 e. Calls on the Commission to take the necessary steps to ensure the more effective application of existing EU legislation;
Amendment 259 #
2016/2078(INI)
Motion for a resolution
Paragraph 18 f (new)
Paragraph 18 f (new)
18 f. Calls on the Commission to recognize the status of working animals for equidae as an important tool in agricultural activities in rural areas of Europe, especially in mountainous and hard to reach areas.
Amendment 33 #
2016/2077(INI)
Motion for a resolution
Recital E
Recital E
Amendment 47 #
2016/2077(INI)
Motion for a resolution
Recital F
Recital F
F. whereas in organic production systems rabbits are kept in group pens with access to a small area of pasture at the base of the pen, which allows the rabbits more space, increased social interaction and more opportunities for natural behaviour such as gnawing on wooden blocks, eating hay, hiding in tubes and under platforms, standing on their hind legs, lying stretched out, hopping and jumping; notes that group pens suffer from greater incidence of health problems (increase of diseases, mainly transmitted by oro-fecal route and higher mortality rates) due to poor hygiene and as consequence of negative social interactions (e.g. aggressiveness, fighting, cannibalism....).
Amendment 56 #
2016/2077(INI)
Motion for a resolution
Recital G
Recital G
G. whereas there are minimum EU standards for the protection of pigs1 , calves2 , laying hens3 and broiler chickens4 , as well as the general Council Directive for the protection of animals kept for farming purposes5 , but there is not as yet any specific EU legislation on minimum standards for the protection of rabbits; whereas Member States, notably those where the majority of rabbit meat is produced, apply their own legislation to cover rabbit farming; _________________ 1 Council Directive 2008/120/EC laying down minimum standards for the protection of pigs, Official Journal L 47, 18.02.2009 p. 5-13. 2 Council Directive 2008/119/EEC of 18 December 2008 laying down minimum standards for the protection of calves. Official Journal L 10, 11.1.2009 p. 7-13. 3 Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens. Official Journal L203, 3.8.1999 p. 53-57. 4 Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production, Official Journal L 182, 12.7.2007, p. 19-28. 5 Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes. Official Journal L221, 8.8.1998 p. 23-27.
Amendment 78 #
2016/2077(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses its concerns that rabbits in the EU are usually reared in unenriched cages, a barren environment that only has a drinker and feeder; also notes with concern that rabbits are fed on pellets and the close confines of the battery cages do not allow rabbits to express their natural behaviour;.
Amendment 96 #
2016/2077(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Encourages the use of pen systems for groups, which are the most suitable system for rabbits because of their highly social behaviour; points out that the use of pen systems improves the welfare of farm rabbits and reduces the incidence of abnormal behaviour amongst themresearch on housing as pen systems are still an unsatisfactory solution as the raising of animals in groups often leads to more aggression between animals with a greater risk of injury, as well as to a more rapid development of disease;
Amendment 115 #
2016/2077(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 119 #
2016/2077(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 150 #
2016/2077(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that rabbits can suffer from a wide range of welfare problems and diseases, including fatal viruses, snuffles and sore hocks from sitting on wire-mesh cage floors; is aware that investigations6 have shown that on some farms sick and injured rabbits are not treated and many fall victim to eye and fungal infections and respiratory conditions; notes with concern that the vast majority of these animals end up in the food chain, either as pet food or as meat sold to consumers in supermarkets; _________________ 6http://www.ciwf.org.uk/our- campaigns/investigations/rabbit- investigations/2014-the-biggest-secret-of- the-cage-age/considers that more efforts are needed to tackle the lack of investment and the lack of medicines, including vaccines to treat Minor Uses and Minor Species (e.g., aquaculture, bees, goats or rabbits); points out that rabbits can suffer from a wide range of welfare problems and diseases, including fatal viruses, snuffles and sore hocks from sitting on wire-mesh cage floors;
Amendment 165 #
2016/2077(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that growing rabbits and does kept in pen systems, typically 750 cm²/rabbit for growers and 800 cm²/rabbit for does, benefit from more space for movement, social interaction and play, and that platforms i; underlines the need to encourage more research on pen systems, allow rabbits to avoid aggressors by getting out of the way, with separate housing for does when they are nursing a litters existing parks are still an unsatisfactory housing solution as the raising of animals in groups often leads to more aggression between animals with a greater risk of injury, as well as to a more rapid development of disease;
Amendment 175 #
2016/2077(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that transport is an extremely stressful experience for rabbits; underlines that rabbits should be fed before long-distance transport and be provided with adequate food, water and space in transit, and that transport times should be as limited as possible, owing to the sensitivity of the species; emphasises that there are a huge variety of stress factors that affect animal welfare and that these differ between regions or even farms;
Amendment 217 #
2016/2077(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Invites the Commission to consider pen systems as the guiding principle when proposing measures for housing requirements for breeding does and for rabbits reared for meat productionprovide additional support for research dedicated to rabbit farming; calls on the Commission to apply a positive discrimination of projects targeting minor species (e.g. rabbits);
Amendment 235 #
2016/2077(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that all measures should be harmonised at EU level by introducing specific EU legislation for the minimum protection of farm rabbits, including a clear system of production labelling allowing consumers in the EU to make an informed choice about the rabbit meat they buyupports enforcement and harmonization of existing rules (including the use of common guidelines) in the EU rather than new legislation; believes in market-oriented European animal welfare and encourages the development of guidelines, aiming to help and train producers to implement the provisions of animal welfare in rabbit production, on a voluntary basis;
Amendment 251 #
2016/2077(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Points out that the promotion of animal welfare can only succeed in the framework of economically viable production systems and the EU rabbit sector is undergoing a deep crisis situation; considers that establishing additional welfare measures for farms at this moment would be unaffordable and would accentuate the recession in the sector, possibly leading to its closure in the EU;
Amendment 252 #
2016/2077(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Believes that European farmers and their agri-cooperatives aim to address consumer's needs and wishes, supplying sufficiently healthy and high-quality agricultural and food products at affordable prices; points out that, in order to do so, they need to remain economically viable whilst responding effectively to new challenges such as the growing demand for food, limited natural resources, the effects of climate change or the emergence and spread of new diseases.
Amendment 253 #
2016/2077(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20 c. Strongly believes that individual Member States should be working with their farmers to develop workable and more effective solutions that would fit the specific production and climatic conditions of each European region, on a voluntary basis;
Amendment 254 #
2016/2077(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20 d. Considers that discussions on animal welfare should take into account the associated costs of complying with legislation and the competitiveness of the sector; points out that EU producers have to compete with third countries that have different standards on animal welfare; asks the Commission to reflect on the possibility of re-launching discussions on animal welfare in the WTO;
Amendment 255 #
2016/2077(INI)
Motion for a resolution
Paragraph 20 f (new)
Paragraph 20 f (new)
20 f. Calls on the Commission to provide accurate and regularly updated EU statistics on rabbit production, market prospects & trade; calls on the Member States and Eurostat to provide for mandatory data collection of data for rabbit meat;
Amendment 256 #
2016/2077(INI)
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20 e. Considers that financial support should be made available to support farmers to implement existing provisions on animal welfare and for those farmers willing to experiment animal welfare measures that go beyond current mandatory requirements; requests, in addition, that the sector be included as a priority for European programs to promote the consumption of EU rabbit meat;
Amendment 2 #
2016/2034(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, since 2007, extreme price fluctuation has been a f the gradual dismantling of intervention meatsure of worlds in the agricultural markets, with increasingly frequent and marked economic shocks has given rise to greater price volatility;
Amendment 23 #
2016/2034(INI)
Motion for a resolution
Recital D
Recital D
D. whereas climate change affects nd agricultural pests are having an increasingly clear impact on agricultural output levels;
Amendment 36 #
2016/2034(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the European Union does not currently have a genuine safety net to curb market volatility, which acts a powerful disincentive for farmers to continue working on EU territory;
Amendment 63 #
2016/2034(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas price volatility is making it difficult for young farmers to set up and invest;
Amendment 65 #
2016/2034(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas price volatility harms both producers and consumers;
Amendment 73 #
2016/2034(INI)
Motion for a resolution
Recital J
Recital J
J. whereas greater market transparency may limitcontribute to limiting the effects of price volatility;
Amendment 74 #
2016/2034(INI)
Motion for a resolution
Recital J
Recital J
J. whereas greater market transparency may limit price volatility, helping to provide better protection for farmers' incomes;
Amendment 79 #
2016/2034(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas, however, the current milk market observatory is proving to be of very limited usefulness and whereas there is a need for a price control instrument which is more preventive in nature and covers not only the milk sector but also Europe's principal farming sectors;
Amendment 102 #
2016/2034(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the Union’s competitors make considerable sums of public money available for protecting their farmers from the effects of price volatility, and highlights the fact that, over the years, the European Union has dismantled support for agricultural markets whereas such support is what the United States' aid system is based on;
Amendment 107 #
2016/2034(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that the main aims of2003 CAP reform since 2007 have been to strengthenaw the first steps towards the 'decoupling' of direct payments, to furthera process theat convergence of basic payments and to take on board societal and environmental concerns;tinued until they were almost fully decoupled in the most recent reform, which also introduced the partial convergence of direct payments.
Amendment 140 #
2016/2034(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 162 #
2016/2034(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that food autonomy and security, on the basis of food production within Europe, must be long-term aims for the future CAPessential aims in preparation for the forthcoming reform of the CAP, and that it is therefore necessary to introduce market stabilisation instruments;
Amendment 213 #
2016/2034(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recognises the efforts made by European cooperatives in uniting producers and believes it necessary to encourage them to play a greater role in agricultural sectors and to merge with one another, with a view of improving the bargaining power of producers in the food chain;
Amendment 11 #
2016/2033(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need to reinforce the exchange of information and to coordinate the strategies of national authorities and European bodies, such as Europol, Eurojust and OLAF aiming at fight against fraud, money laundering and organised crime;
Amendment 89 #
2016/0412(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) The creation of an area of freedom, security and justice within the Union is based on mutual confidence and a presumption of compliance by other Member States with Union law and, in particular, with fundamental rights. However, that presumption is rebuttable. Consequently, if there are substantial grounds for believing that the execution of a confiscation or freezing order would result in a breach of a fundamental right of the person concerned and that the executing State would disregard its obligations concerning the protection of fundamental rights recognised in the Charter, execution of the confiscation or freezing order should be refused.
Amendment 92 #
2016/0412(COD)
Proposal for a regulation
Recital 26 b (new)
Recital 26 b (new)
(26b) This Regulation respects the fundamental rights and observes the principles recognised by Article 6 of the TEU and in the Charter, notably Title VI thereof, by international law and international agreements to which the Union or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and in Member States' constitutions in their respective fields of application. Nothing in this Regulation may be interpreted as prohibiting refusal to execute a confiscation or freezing order when there are reasons to believe, on the basis of objective elements, that the confiscation or freezing order has been issued for the purpose of prosecuting or punishing a person an account of his or her sex, racial or ethnic origin, religion, sexual orientation, nationality, language or political opinions, or that the person's position may be prejudiced for any of these reasons.
Amendment 165 #
2016/0412(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point g a (new)
Article 9 – paragraph 1 – subparagraph 1 – point g a (new)
(ga) There are substantial grounds for believing that executing the confiscation order would be incompatible with the executing State's obligations in accordance with Article 6 of the Treaty on European Union and the Charter.
Amendment 202 #
2016/0412(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point e a (new)
Article 18 – paragraph 1 – point e a (new)
(ea) There are substantial grounds for believing that executing the freezing order would be incompatible with the executing State's obligations in accordance with Article 6 of the Treaty on European Union and the Charter.
Amendment 261 #
2016/0412(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. TWithout prejudice to the fundamental guarantees and rights in force in the executing Member State, the substantive reasons for issuing the freezing or confiscation order shall not be challenged before a court in the executing State.
Amendment 39 #
2016/0389(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Member States in which the periods of fieldwork for the survey of 2020 overlap with the work planned for the 10- year population census may bring the farming survey forward a year so as to avoid the heavy burden of conducting these two major studies at the same time.
Amendment 86 #
2016/0389(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17a By way of derogation from Article 5(1) and (5); Article 6(1); Article 7(1); Article 8(2); Article 12(1); Article 13(4) and Article 14(1), the reference to the survey in 2020 shall be replaced by a reference to a survey in 2019 for Greece, Spain and Portugal.
Amendment 50 #
2016/0084(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down rules on the making available on the market of CE marked fertilising productszers and Improving Nutrition Efficiency Products (INEP) and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 (Text with EEA relevance) (This amendment from "Fertilising products" to "fertilisers and improving nutrition efficiency products (INEP)" applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 73 #
2016/0084(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Manufactures of Fertilizers and Improving Nutrition Efficiency Products (INEP) should prove their efficiency before placing them in the market in order to guarantee a high level of quality to consumers.
Amendment 133 #
2016/0084(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) "Fertiliser" means a substance or a mixture of substances intended to provide nutrients to the plants;
Amendment 135 #
2016/0084(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1b) "Improving Nutrition Efficiency Product (INEP)" means a substance or a mixture of substances, micro-organism or any other material to be applied on plants or their rhizosphere for the purpose of improving their nutrition efficiency;
Amendment 136 #
2016/0084(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 c (new)
Article 2 – paragraph 1 – point 1 c (new)
(1c) "Primary nutrient" means the elements nitrogen, phosphorus, and potassium only;
Amendment 137 #
2016/0084(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 d (new)
Article 2 – paragraph 1 – point 1 d (new)
(1d) "Secondary nutrient" means the elements calcium, magnesium, sodium and sulphur;
Amendment 143 #
2016/0084(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The Commission shall simultaneously with the publication of this Regulation in the Official Journal of the European Union publish a guidance document giving clarity and examples to manufacturers and market surveillance authorities about how the label should look like. This guidance document shall also specify the kind of relevant information as referred to in Annex III PART 1 paragraph 2d).
Amendment 144 #
2016/0084(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a List of most representative mineral fertilizing products For inorganic fertilisers, the Commission shall, with the assistance of the Fertilisers Working Group, define a list of 30 mineral fertilising products which are most representative of the EU market.
Amendment 147 #
2016/0084(COD)
Proposal for a regulation
Article 6 – paragraph 10 – subparagraph 1 – point a
Article 6 – paragraph 10 – subparagraph 1 – point a
(a) straight or compound solid minorganiceral macronutrient ammonium nitrate fertilisers of high nitrogen content, as specified in product function category 1(C)(I)(a)(i- ii)(A) in Annex I; (This amendment from “inorganic” to “mineral fertilisers” applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 234 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – point 3 – point a – point 2 – indent 2
Annex I – part 2 – PFC 1(B) – point 3 – point a – point 2 – indent 2
Amendment 238 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – point 3 – point a – point 2 – indent 3
Annex I – part 2 – PFC 1(B) – point 3 – point a – point 2 – indent 3
Amendment 267 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – point 2 – point a – point 2 – indent 2
Annex I – part 2 – PFC 1(C)(I) – point 2 – point a – point 2 – indent 2
Amendment 270 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – point 2 – point a – point 2 – indent 3
Annex I – part 2 – PFC 1(C)(I) – point 2 – point a – point 2 – indent 3
Amendment 477 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – point 1 a (new)
Annex III – part 2 – PFC 1(C)(I) – point 1 a (new)
1a. Phosphorus fertilisers have to fulfil at least one of the following minimum solubility levels to be plant- available, otherwise they cannot be declared as phosphorus fertilisers: – water solubility: minimum level 40% of total P2O5, – minimum level 75% of total P2O5, solubility in neutral ammonium citrate, – solubility in formic acid (only for soft rock phosphate): minimum level 55% of total P2O5.
Amendment 509 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – module B – point 3.2 – point c – indent 6
Annex IV – part 2 – module B – point 3.2 – point c – indent 6
– test reports, including studies on agronomic efficiency, and
Amendment 18 #
2015/2226(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, in the face of the current economic crisis, the European Union has made jobs – in particular via the Juncker plan – one of its key priorities, and whereas, in that connection, the legitimacy of the CAP must be reaffirmed so that it can be used asCAP can be one of the principal tools for EU action as regards jobs in rural areasmaintaining and creating jobs in rural areas, mainly in the farming sector;
Amendment 32 #
2015/2226(INI)
Motion for a resolution
Recital E
Recital E
Amendment 47 #
2015/2226(INI)
F. whereas experience on the ground shows that other kinds of agricultural development are possible, providing betterdiversified results in terms of food quality and agronomic, environmental and economic performance, and that small and medium- sized farms that are generally more diversified, more innovative and better organised in terms of forming associations involvingalso innovative and provide solutions for current challenges, producers groups agriculture are more inclinend cooperative structures that tend to be more resilient in times of crisis;
Amendment 64 #
2015/2226(INI)
Motion for a resolution
Recital H
Recital H
H. whereas job creation in rural areas must be part and parcel of a sustainable policy that is tailored to ecosystems and involves the maintenance and development of agricultural and agriculture-relatedrural activities that forge links between the various stakeholders both socially and in terms of solidarityfrom an economic, environmental and social point of view;
Amendment 80 #
2015/2226(INI)
Motion for a resolution
Recital K
Recital K
K. whereas support should be provided first and foremost to family farms run by one or more responsible, independent farmersto family farms, who work on their farms in an effectively manner and who are much better able to deal with any problems by adapting their productdecisions and/or their production methods and by diversifying their activities when necessary;
Amendment 90 #
2015/2226(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas, in many EU family farms, apart from the farm managers, the family members, don't have a social status or legal recognition and/or are not covered by a social protection system;
Amendment 97 #
2015/2226(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on all the Member States to implement a comprehensive generational renewal strategy and, in order to do this, to make full use of all the possibilities provided under the new CAP to support young farmers, including youtside the familyng farmers who came from outside family farmers;
Amendment 99 #
2015/2226(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on Member States and the European Commission to promote an European campaign to demystify the stigma around the agriculture work;
Amendment 111 #
2015/2226(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on Member States to ensure that all workers in agriculture, part-time or full-time, are covered by a social protection system;
Amendment 119 #
2015/2226(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that the Member States have made extensive use of the option of granting coupled aid – which anchorsecures jobs in disadvantaged areas – and calls on the Member States to increase the proportion of such aid;
Amendment 143 #
2015/2226(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that geographical indications and organic farming represent and guarantee territory-based added value and create jobs, and as such shcould not only be protected but also developed;
Amendment 153 #
2015/2226(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls the Member States and the social partners to support and promote paid training systems that could convert farmers and agricultural workers in workers for other rural activities;
Amendment 155 #
2015/2226(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
Amendment 189 #
2015/2226(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that the CAP must have sufficient funding to play an effective long- term role in fostering employment, promoting the sustainable development of agriculture and forestry, and ensuring that rural areas retain their appeal (with a focus on quality of life) in comparison with urban areas;
Amendment 207 #
2015/2226(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to clearly redefine and propose a European agricultural model that makes retaining territory-based jobs a prioritypropose a competitive and sustainable European agricultural model that can lead to the maintenance and job creation;
Amendment 245 #
2015/2226(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 316 #
2015/2226(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to make significant progress towards top- down social harmonisation of the agriculturalensure fair competition on workforce, thereby minimising the damage done by internal social dumping, which undermines jobs;
Amendment 4 #
2015/2154(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the CAP, as one of the original European policies, is still one of the most important tools of the EU with wide impact, not only in terms of food production but in terms of actual and potential socio-economic improvements in rural areas; the CAP is an important tool that helps young farmers to start farming by providing funding to purchase land, machinery and equipment, thereby safeguarding generational continuity in agriculture;
Amendment 63 #
2015/2154(DEC)
Draft opinion
Paragraph 18
Paragraph 18
18. Notes that spending is expected to generate benefits for both rural areas and consumers in general, and recalls that final beneficiaries spend money on goods or services in their local communities, or by employing people on their holdings. The agricultural and forestry sectors are the main engine of the economy in rural areas;
Amendment 308 #
2015/2137(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission, following on from the BEST preparatory action, to introduce a sustainable funding mechanism for protection and enhancement of biodiversity and ecosystem services in the outermost regions and overseas countries and territories;
Amendment 370 #
2015/2137(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission and the Member States to ensure that the Guadeloupe roadmap, adopted in October 2014, is acted on and to put in place the necessary tools for biodiversity protection in the outermost regions and overseas countries and territories;
Amendment 2 #
2015/2128(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas corruption affects all Member States and costs around 120 billion euros per year for the EU economy as stated by the Commission’s first report dedicated to the anti-corruption policy of the European Union, published in February 2014;
Amendment 4 #
2015/2128(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the fight against fraud, corruption, money laundering and, in general, the protection of the financial interests of the Union should be a key element of the political agenda of the Union. The European Union and the Member States have the obligation to protect Union’s financial interests against criminal offenses that generate significant financial damage;
Amendment 5 #
2015/2128(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas corruption can help to finance the activities of networks of organized crime or terrorism in Europe; whereas corruption also undermines citizens’ trust in the institutions and democratic processes;
Amendment 6 #
2015/2128(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas - beyond the civilizational assumption based on ethical principles inherent in the rule of law - combating fraud and corruption contributes to the Union’s competitiveness in the global economy;
Amendment 7 #
2015/2128(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas the creation of a European Public Prosecutor, in coordination with the competent authorities of the Member States, with competence to conduct criminal proceedings in crimes affecting the financial interests of the European Union, is essential to fight against cross- border fraud, ensuring the priority to the protection of the EU budget across Europe;
Amendment 8 #
2015/2128(INI)
Draft opinion
Paragraph - 1 (new)
Paragraph - 1 (new)
-1. Welcomes the implementation of a new anti-fraud policy at EU level by the European Commission in accordance with the principle of sound financial management and ensuring that the EU’s financial interests are adequately protected;
Amendment 9 #
2015/2128(INI)
Draft opinion
Paragraph - 1a (new)
Paragraph - 1a (new)
-1a. Welcomes the continuing efforts of the European Parliament and the Council to enhance efficiency of the criminal law on the protection of EU financial interests by pushing forward the draft directive on the fight against fraud through criminal law, proposed in July 2012 by the European Commission, which aims to eliminate loopholes in the anti-fraud legislation of the Member States, ensuring an effective remedy against fraud perpetrators and the draft Regulation establishing a European Prosecutor’s Office (EPPO), proposed in July 2013 by the European Commission, which is a fundamental instrument in order to protect the financial interests of the EU;
Amendment 12 #
2015/2128(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Insists that all forms of illegal behaviour which adversely affect the EU budget related to fraud in the strict sense should be covered by the directive on the fight against fraud to the Union’s financial interests by means of criminal law, such as corruption, money laundering or the correct application of EU rules on public procurement. It is therefore necessary to introduce a clear definition of offenses covering all types of practices;
Amendment 19 #
2015/2128(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reiterates that the integrity and full transparency of public expenditure in the EU should be guaranteed as priority placed on current economic challenges;
Amendment 24 #
2015/2128(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the European Commission to promote the annual evaluation of the Member States’ performance in the fight against corruption;
Amendment 27 #
2015/2128(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the European Commission, keeping in mind that 85% of the EU budget is managed by the Member States, to ensure effective coordination between anti-fraud organizations and national authorities of all Member States’ authorities through cooperation mechanisms and the exchange of information.
Amendment 188 #
2015/2113(INI)
Draft opinion
Paragraph 12 – subparagraph 1 (new)
Paragraph 12 – subparagraph 1 (new)
Stresses that it is important for the European Union to secure a more functional and integrated energy market; considers that developing interconnections so that no Member State is isolated will help not only to secure the supply of energy but also to bring about the internal energy market and promote competition; notes that adequate interconnections and the full implementation of the European Union internal market are the main driving forces for modernising Member States’ energy systems in a cost-efficient manner, offering general benefits for producers and consumers.
Amendment 3 #
2015/2110(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
Amendment 4 #
2015/2110(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
- having regard to the proposal for a directive of the European Parliament and the Council on combatting terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism
Amendment 14 #
2015/2110(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the 18-month programme of the EU Council for the Dutch, Slovak and Maltese Presidencies, which puts the comprehensive and integrated approach to organised crime high on its agenda; Points out that the fight against fraud, corruption and money laundering must be a political priority for the EU institutions, and police and judicial cooperation between Member States is therefore crucial
Amendment 16 #
2015/2110(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that the financial crisis has added to the pressure on European governments; in view of the current economic challenges, calls for a greater guarantee of integrity and transparency in public spending;
Amendment 18 #
2015/2110(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to draw up a genuine strategy to prevent and fight corruption in the EU as a matter of priority;
Amendment 19 #
2015/2110(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Notes that financial crime (fraud, money laundering, corruption) is one area in which legal texts could be adopted with a view to laying down common definitions and harmonising penalties, using Article 83 TFEU as the legal basis;
Amendment 22 #
2015/2110(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 40 #
2015/2110(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that the phenomena of organised crime, corruption and money laundering usually have a cross-border dimension that requires close cooperation in between the competent national authorities and between national authorities and the relevant EU agencies;
Amendment 41 #
2015/2110(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that police and judicial cooperation through an exchange of information among national authorities is essential in order to take effective measures to fight corruption and organised crime;
Amendment 44 #
2015/2110(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
Amendment 46 #
2015/2110(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Member States properly to transpose the European Parliament and Council directive on the European Investigation Order in criminal matters, an instrument with a key role to play in strengthening police and judicial cooperation in the EU;
Amendment 47 #
2015/2110(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Stresses that illicit trade in firearms, oil, drugs, cigarettes and counterfeit goods and artworks and other cultural objects by networks of organised crime have become very lucrative ways for terrorist groups to obtain funding. Calls on the Member States to take necessary measures, while avoiding undue administrative burden for economic actors, to ensure that terrorist groups and criminal networks may not benefit from any trading in goods; Considers that appropriate due diligence, monitoring and reporting requirements for goods whose trading is considered to be vulnerable to terrorist financing could have a preventative effect by materially impairing the trading activities of organised criminal groups and terrorist groups and by helping to track and prosecute organised crime and other commercial activities of terrorist organisations and criminal crime networks more effectively.
Amendment 48 #
2015/2110(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Points out that the European growth strategy, Europe 2020, depends on institutional factors such as controlling corruption;
Amendment 49 #
2015/2110(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Points out that money laundering through complex company structures and their integration to legal economic activity can be a threat for the public order of the state; calls on Member States to establish measures, without unduly burdening small and medium sized enterprises, to increase the transparency of monetary actions and to improve the traceability of transactions back to natural persons in order to trace down criminal and terrorist funding ("follow the money" principle). Calls on Member States to take measures which make it more difficult to create complex and dense structures of interlocked companies which by the fact that they tend to be non-transparent can be abused for the financing of criminal or terrorist activities and other serious crimes;
Amendment 50 #
2015/2110(INI)
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Reiterates the call expressed in its resolution of 23 October 2013 on organised crime, corruption and money laundering: recommendations on action and initiatives to be taken, for the adoption of European Action Plan to eradicate organised crime, corruption and money laundering. Stresses that, in order to ensure its effectiveness, the plan should have adequate financial resources and qualified staff;
Amendment 56 #
2015/2110(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for the establishment of a specialist Europol unit to combat organised criminal groups which operate in several sectors at the same time; t and via the Internet on a large scale; Stresses the necessity of Member States to exchange information about organized crime networks with each other and via Europol and Eurojust; Takes the view that the Member States should set up a body with responsibility for ensuring that investigations into organised crime are properly coordinated;
Amendment 58 #
2015/2110(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission and on Member States to provide Europol and Eurojust with more staff and resources in order for them to be able to fulfil their increasing mandate and to better coordinate efforts made by national authorities in the fight against organised crime and terrorism;
Amendment 64 #
2015/2110(INI)
Motion for a resolution
Subheading 4
Subheading 4
A stronger legislative framework in the area of organized crime and protection of the financial interest of the European Union
Amendment 74 #
2015/2110(INI)
Motion for a resolution
Paragraph 10 – point b
Paragraph 10 – point b
Amendment 79 #
2015/2110(INI)
Motion for a resolution
Paragraph 10 – point c
Paragraph 10 – point c
(c) legislation to protect whistle- blowers, witnesses and persons who cooperate with the judicial process including a definition of "whistle blowers";
Amendment 92 #
2015/2110(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates its call for the establishment of an independent European Public Prosecutor’s Office as an essential piece of the action plan with clearly defined responsibilities and powers; calls on the Member States to provide the necessary human and financial resources for the creation of the EPPO;
Amendment 93 #
2015/2110(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates its call for the establishment of an independent and efficient European Public Prosecutor’s Office (EPPO) with clearly defined responsibilities and powers; in this regard, recall that the European Parliament expressed its position in its resolutions of 12 March 2014 and of 29 April 2015 on the proposal for a Council regulation on the establishment of the European Public Prosecutor's Office (COM(2013)0534 – 2013/0255(APP));
Amendment 103 #
2015/2110(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Urges the Council of the European Union to find a right balance between the absolute necessity of ensuring the procedural safeguards for suspects or accused and the necessity for the EPPO to collect evidence in the Member States and to share information with other EU bodies;
Amendment 106 #
2015/2110(INI)
Motion for a resolution
Paragraph 11 f (new)
Paragraph 11 f (new)
11f. Since the Council opted for an EPPO with collegial structure with European Delegated Prosecutors it will be crucial to make sure that the EPPO's role won't be reduced to a monitoring and mere supervisory role;
Amendment 116 #
2015/2110(INI)
12. Deplores the fact that cross-border police and judicial cooperation involvesCalls on the Member States to increase the resources for Europol and Eurojust to strengthen police and judicial cooperation between the Member States and to decrease excessively lengthy, bureaucratic procedures that hamper its efficiency and jeopardise the effectiveness ofin the fight against organised crime at EU level; calls on the Member States to increase the resources they devote to cross- border police and judicial cooperation, to guarantee the mutual admissibility of evidence between Member States, to ensure that greater use is made of joint investigation teams and to employ a common system for communication and for exchanging information relevant to the fight against organised crime and corruption;
Amendment 123 #
2015/2110(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. In this regard it is of a paramount importance to better define relations between Eurojust, OLAF and EPPO in order to differentiate their respective roles in the protection of EU financial interest;
Amendment 127 #
2015/2110(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that the EU and its Member States should implement properlyIs of the opinion that employing a common method for seizing criminal groups' assets in the EU would be a dissuasive measure for criminals; calls on the Member States to swiftly transpose the Directive 2014/42/EU on the confiscation of assets from crime and to strengthen EU measures concerning the tracing, freezing and confiscation of proceeds of crime, and the management of frozen and confiscated property and its re- use for social purposes; ;
Amendment 134 #
2015/2110(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that corruption, in particular in the context of the award of public contracts or public-private partnerships, makes it easier for organised crime to infiltrate the legal economy;
Amendment 138 #
2015/2110(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Points out that 21 Member States have not yet transposed the package of public procurement directives; considers that rules on public procurement are essential in order to bring transparency and accountability to one of the areas most vulnerable to corruption;
Amendment 140 #
2015/2110(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Points out that transparent accounting rules amenable to review must be ensured not just within central government, but also at regional and local level in all Member States;
Amendment 141 #
2015/2110(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
Amendment 142 #
2015/2110(INI)
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16d. Points to the need for robust rules on nature conservation and environmental protection, stemming from community decisions, thus ensuring that they will be effective and enforceable in relation to other interests, not least those connected with urban development;
Amendment 150 #
2015/2110(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Regards it as essential to strengthen legislative provisions designed to guarantee greater transparency and traceability of financial flows, in particular as far as EU funds are concerned, including by means of a final audit to check that the funds have been properly usedin the management of EU funds, including by means of prior investigations;
Amendment 158 #
2015/2110(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Considers it necessary to fight corruption in sport by making the rigging of sports events a criminal offence, thereby strengthening measures to stamp out illegal sports betting;
Amendment 160 #
2015/2110(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls on the Commission to regulate lobbying and its relationship to official bodies so as it ensure that it is carried out more transparently;
Amendment 162 #
2015/2110(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Considers that the European institutions should set an example by promoting the highest standards of transparency and clear rules on conflicts of interest;
Amendment 164 #
2015/2110(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20d. Condemns the fact that environment-related organised crime, such as illegal waste treatment and destruction of the natural heritage, is acquiring an international dimension, implying a need for concerted efforts at European level to both prevent and fight it;
Amendment 165 #
2015/2110(INI)
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20e. Believes that there are new tools for organised crime which have to be dealt with; points out that what is involved is not traditional cybercrime linked to computer fraud and the dissemination of child pornography, but the use of the Internet to promote drug-trafficking, illegal immigration, and human- trafficking networks;
Amendment 167 #
2015/2110(INI)
Motion for a resolution
Paragraph 20 f (new)
Paragraph 20 f (new)
20f. Deplores the fact that highly sophisticated new forms of crime are emerging, including economic crime, involving cross-border conspiracies and using new technological resources, and considers that Member States therefore need to coordinate their action in order to bring to bear the technical, logistic, and financial means necessary to detect and fight such crime;
Amendment 175 #
2015/2110(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Points out that tax havens are ideal places in which to collect and launder the proceeds of criminal activities, and as such should be abolishedhe increasingly complex tax systems in certain Member States opens the possibility for intransparency and disguise of fiscal fraud; Therefore calls on the Member States to establish clear and transparent rules and procedures;
Amendment 178 #
2015/2110(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Points out that tax havens are ideal places in which to collect and launder the proceeds of criminal activities, and as such should be abolishedCalls on the Commission to bring concerted efforts to bear to combat all ways in which offshore locations are being used to conceal winnings, profits, or gains;
Amendment 194 #
2015/2110(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Considers it necessary to have Europe-wide rules whereby all sources of financing for political parties would be checked and monitored so as to ensure that they were legal;
Amendment 196 #
2015/2110(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Points out that the recent influx of refugees and the migration pressure at EU extremal borders are creating opportunities for criminal organisations and individuals to exploit various means of gaining entry, including schemes relying on corruption, and that the EU needs to be particularly alert to this danger;
Amendment 198 #
2015/2110(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25c. Points to the need to set up systems for detecting sources of foreign investment in the EU, in particular when the object is to acquire assets or stakes in companies;
Amendment 12 #
2015/2105(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers the opening of new markets to be of the utmost importance in the context of the current farming crisis and accordingly favours the balanced negotiation of bilateral or multilateral agreements with third countries, provided that the most sensitive sectors are adequately protected; by introducing suitable safeguard mechanisms.
Amendment 24 #
2015/2105(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the reference in the Commission communication 'Trade for all' to the agri-food industry as a sector in which export opportunities are of crucial importance and should be actively promoted through a new Community strategy on trade and investment.
Amendment 34 #
2015/2105(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Deplores that the communication 'Trade for all' does not explicitly recognise the multi-funcional nature and the particular sensitivities of the farming sector, as a key element to be taken into account in developing the EU’s trade policy;
Amendment 41 #
2015/2105(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Opposes any form of negotiation jeopardising the investment efforts of the European agri-food sector and involving the treatment of European agriculture as an expendable bargaining chip and warns of the cumulative effect of tariff concessions granted under different trade agreements; pPoints out that a zero rate of duty is imposed on 71 % of all EU agri- food imports;
Amendment 51 #
2015/2105(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that with the imminent entry into force of the free trade agreement with Canada, the ongoing negotiations with the USA and Mercosur and the possible opening of negotiations with Australia and New Zealand, as set out in the communication ‘Trade for All’, the EU is about to open up its markets to the most competitive agricultural exporters with the most export potential in the world;
Amendment 59 #
2015/2105(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Urges the Commission to assessexercise the utmost caution when preparing or reviewing offers for market access in trade negotiations, particularly in respect of sensitive products, and calls for such offers to be systematically based on a exhaustive assessment of the impact on Europe of fresh trade concessions to third countries and; calls on the Commission to forward its findings to the European Parliament before accepting or making any commercial offer;
Amendment 86 #
2015/2105(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes the view that trade agreements should ensure a level playing field between the different trading partners in the agricultural sector, taking into account the high environmental, food safety and social costs to be met by European farmStresses that that Europe’s high standards concerning the environment, food safety, animal welfare and social well-being put EU farmers at an economic disadvantage in respect of their counterparts in third countries; takes the view that trade agreements should promote fair competitiveness between the different trading partners, so as to ensure that the lattfarmers are able to benefit fully from the opening of new marketariff concessions;
Amendment 104 #
2015/2105(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that EU negotiators should demand the protection of geographical indications ashould be a sine qua non in trade negotiations with third countries, especially; urges the Commission to continue to hold a firm position in this respect, particularly in negotiations for the free-trade agreement with the USA;.
Amendment 125 #
2015/2105(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is aware that European farmers will face major challenges in the future, which is why a stable common European framework to support European farmers via the CAP is indispensable for encouraging investment and boosting economic growth in the agri-food sector;
Amendment 133 #
2015/2105(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that the EU should promote innovation to enhance productivity as a way of coping with the ever-increasing global population by supporting initiatives to address issues such as climate change and help farmers adapt to environmental challenges of all kinds;
Amendment 135 #
2015/2105(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Considers it necessary to enhance the added value of farming and to run promotion campaigns with a view to opening up new markets; stresses above all that it is essential to strengthen EU- level quality schemes since they ensure the best possible brand image for EU products on the world market, providing indirect benefits for European farming as a whole;
Amendment 7 #
2015/2074(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the cuts in funding for rural development under the European Agricultural Fund for Rural Development (EAFRD) in commitments and payments for the 2015 budget; points out that EAFRD projects – including the LEADER programmes – are a major driver of rural development, as they deliver wider benefits to the EU at large, in particular in generating growth, added value and jobs in rural areas; asks that careful consideration be given to the final level of commitment and payment appropriations in the 2016 budget; insists that particular attention should be paid to encouraging generational renewal in agriculture and supporting young famers; acknowledges in this regard the opportunities which Erasmus for young entrepreneurs could create for young farmers in terms of facilitating knowledge transfer, exchange of information and professional experience;
Amendment 30 #
2015/2074(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Asks the Commission to consider the outcome of the impact study on the end of the milk quota and consequently to provide adequate support for transition to mixed farms (meat and milk);
Amendment 196 #
2015/2062(INI)
Motion for a resolution
Paragraph 8 – subparagraph 1 (new)
Paragraph 8 – subparagraph 1 (new)
Urges the Member States to ensure that prisoners with serious, chronic or cancer conditions receive the specific treatment that they need.
Amendment 197 #
2015/2062(INI)
Motion for a resolution
Paragraph 8 – point 1 (new)
Paragraph 8 – point 1 (new)
(1) Emphasises the importance of separating prisoners with contagious diseases from other prisoners in order to prevent more cases of infection and improve the monitoring of infectious diseases.
Amendment 240 #
2015/2062(INI)
Motion for a resolution
Paragraph 11 – subparagraph 1 (new)
Paragraph 11 – subparagraph 1 (new)
Urges the Member States to take into account the type of crime when deciding how to distribute the prison population, preventing short-term inmates and those convicted of minor offences from coming into contact with long-term inmates, particularly those convicted of violent and organised crimes, given that one of the objectives of a prison sentence is to encourage the prisoner’s re-integration into society.
Amendment 37 #
2015/0269(COD)
Proposal for a directive
Recital 2
Recital 2
(2) As a response to recent terrorist acts which demonstrated gaps in the implementation of Directive 91/477/EEC especially with regard to deactivation of weapons, convertibility and marking rulesThe amendments to Council Directive 91/477/EEC should not result from the fact of implying any form of connection between the recent terrorist attacks and the legal use and possession of weapons within the Union, not least by hunters, persons who engage in shooting sports, and collectors. The manufacture of, trade in, and the possession and use of weapons and ammunition are legitimate activities of major recreational, sporting, and economic interest and important for job and wealth creation within the Union. However, the “European Agenda on Security” adopted in April 2015 and the Declaration of the Home Affairs Ministers Council of 29 August 2015 called for the revision of that Directive and for a common approach on the deactivation of firearms to prevent reactivation and use by criminals.
Amendment 42 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) BCollectors and bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and shoulding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivat be able to keep and acquire firearms classified in category A subject to authorisation by the Member State concerned.
Amendment 54 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 62 #
2015/0269(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure the traceability of deactivated firearms, they should be registered in national registries, taking into account, however, the need to preserve weapons in their original form, especially if they bear no physical markings resulting from their characteristics or age.
Amendment 64 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 85 #
2015/0269(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted in order to ensure that they cannot be converted into firearms.
Amendment 89 #
2015/0269(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to improve the functioning of the information exchange between Member States, the Commission should assess the necessary elements of a system to support such exchange of information contained in the computerised data-filing systems in place in Member States. The Commission’s assessment may be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchange of information. In addition to meeting the need to keep track of weapons held by private individuals or other bodies, in accordance with the law, such a system should enable weapons to be traced when they have been seized by, or handed over to, the authorities or forfeited to Member States, thus making it possible to ascertain what happens to weapons until such time as they are destroyed, further used, or again placed on the market.
Amendment 94 #
2015/0269(COD)
Proposal for a directive
Recital 2
Recital 2
(2) As a response toThe amendments to Council Directive 91/477/EEC should not result from the fact of implying any form of connection between the recent terrorist attactks which demonstrated gaps in the implementation of Directive 91/477/EEC especially with regard to deactivation of weapons, convertibilityand the legal use and possession of weapons within the Union, not least by hunters, persons who engage in shooting sports, and collectors. The manufacture of, trade in, and the possession and use of weapons and ammunition are legitimate activities of major recreational, sporting, and economic interest, and marking rulese important for job and wealth creation within the Union. However, the "“European Agenda on Security"” adopted in April 2015 and the Declaration of the Home Affairs Ministers Council of 29 August 2015 called for the revision of that Directive and for a common approach on the deactivation of firearms to prevent reactivation and use by criminals.
Amendment 108 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1i
Article 1 – paragraph 1i
1i. For the purposes of this Directive, “deactivated firearms” shall mean firearms that have been modified with the purpose of rendering them permanently unfit for use by deactivation, ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapable of removal, replacement or a modification that would permit the firearm to befrom being reactivated in any way. However, if weapons are of recognised rarity or historical value, that fact shall be taken into account for the purposes of deactivation, which may be carried out by removing one or more essential parts of a weapon so as to render it unusable. The parts removed may be handed over to appropriate official bodies for safekeeping, in order to prevent their destruction.
Amendment 113 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the public authorities or by collectors and bodies concerned with the cultural and historical aspects of weapons and recognized as such by the Member State in whose territory they are established. Nor shall it apply to commercial transfers of weapons and ammunition of warproducts of the defence industry.
Amendment 166 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 167 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical tests forthe production of a medical certificate for the purposes of issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditions on the basis of which it wasthey were granted isare no longer met.
Amendment 180 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Except where expressly provided otherwise, Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those firearms and ammunition held in violation of this provision and seizedensure that such weapons are forfeited to the State or, where deemed appropriate, destroyed, if they are held unlawfully.
Amendment 192 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 203 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 208 #
2015/0269(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure the traceability of deactivated firearms, they should be registered in national registries, taking into account, however, the need to preserve weapons in their original form, especially if they bear no physical markings resulting from their characteristics or age.
Amendment 215 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 225 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
(8a) In addition to the necessary registration system for weapons held by private individuals or other entities, in accordance with the law, each Member State shall keep a register ensuring that weapons seized by the authorities or forfeited to the State will be traceable from the moment when they are handed over or seized until such time as they are destroyed or put to use by the authorities or again placed on the market.
Amendment 231 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall submit every five years a report to the European Parliament and the Council on the application of this Directive, including a fitness check of the new provisions, accompanied, if appropriate, by proposals in particular as regards the categories of firearms of Annex I and the issues related to new technologies such as 3D printing. The first report shall be submitted two years after the entry into force of this Directive."
Amendment 236 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point i
Article 1 – paragraph 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – Category A
Annex I – part II – point A – Category A
Amendment 265 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Amendment 268 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point c
Article 1 – paragraph 1 – point 14 – point c
Amendment 278 #
2015/0269(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted in order to ensure that they cannot be converted into firearms.
Amendment 289 #
2015/0269(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to improve the functioning of the information exchange between Member States, the Commission should assess the necessary elements of a system to support such exchange of information contained in the computerised data-filing systems in place in Member States. The Commission's assessment may be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchange of information. In addition to meeting the need to keep track of weapons held by private individuals or other bodies, in accordance with the law, such a system should enable weapons to be traced when they have been seized by, or handed over to, the authorities or forfeited to Member States, thus making it possible to ascertain what happens to weapons until such time as they are destroyed, further used, or again placed on the market.
Amendment 367 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1i
Article 1 – paragraph 1i
1i. For the purposes of this Directive, "deactivated firearms" shall mean firearms that have been modified with the purpose of rendering them permanently unfit for use by deactivation, ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapable of removal, replacement or a modification that would permit the firearm to be reactivated in any way. However, if weapons are of recognised rarity or historical value, that fact shall be taken into account for the purposes of deactivation, which may be carried out by removing one or more essential parts of a weapon so as to render it unusable. The parts removed may be handed over to appropriate official bodies for safekeeping, in order to prevent their destruction.
Amendment 493 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 4 – point a a (new)
Article 1 – point 4 – point a a (new)
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1a (new)
Article 4 – paragraph 4 – subparagraph 1a (new)
(aa) The following subparagraph is added: "In addition to the necessary registration system for weapons held by private individuals or other entities, in accordance with the law, each Member State shall keep a register ensuring that weapons seized by the authorities or forfeited to the State will be traceable from the moment when they are handed over or seized until such time as they are destroyed by the authorities or again placed on the market."
Amendment 567 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical tests forthe production of a medical certificate for the purposes of issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditions on the basis of which it wasthey were granted isare no longer met.
Amendment 591 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Except where expressly provided otherwise, Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A, and to destroy those firearms and ammunition held in violation of this provision and seizedensure their forfeiture to the State or, where deemed appropriate, destroyed, if they are held unlawfully.
Amendment 611 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 656 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4 – subparagraph 2 (new)
Article 7 – paragraph 4 – subparagraph 2 (new)
Amendment 741 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – points 6 – 8
Annex I – part II – point A – category A – points 6 – 8
Amendment 829 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 14 – point a
Article 1 – point 14 – point a
Directive 91/477/EEC
Annex I – part III – point a
Annex I – part III – point a
Amendment 839 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 14 – point c
Article 1 – point 14 – point c
Directive 91/477/EEC
Annex I – part III – paragraph 2
Annex I – part III – paragraph 2
Amendment 10 #
2015/0218(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Union can best support Tunisia’s economy, in accordance with the objectives set out in the European Neighbourhood Policy and in the Euro- Mediterranean Agreement, by providing an attractive and reliable market for Tunisia’s exports of olive oil. This requires. To that end, one possible concession that the Union could make to Tunisia, as a result of the attack referred to, is to introduce autonomous trade measures allowing for the import of this productTunisian oil into the Union on the basis of a duty free tariff quota.
Amendment 13 #
2015/0218(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Union stocks of olive oil at the start of the 2015/2016 crop year are below average levels for previous crop years, as a result of which an increase in Tunisian imports is unlikely to bring about imbalances on Union markets. As regards the next crop year, volumes are difficult to forecast for the time being, however, in view of major fluctuations in harvests.
Amendment 16 #
2015/0218(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The preservation of the stability of the olive oil market in the Union requires that the additional volume generated by the autonomous trade measures is only made available after the exhaustion of the volume of the annual olive oil duty free tariff rate quota laid down in Article 3(1) of Protocol 1 to the Euro-Mediterranean Agreement. In order to prevent major harm to Union production setups, this Regulation also provides for safeguard measures so as to preclude market distortions.
Amendment 22 #
2015/0218(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The specific autonomous trade measures established by this Regulation are intended to alleviate the difficult economic situation, which Tunisia is currently facing, due to the terrorist attacks. Those measures should therefore be limited in time and be without prejudice toDespite the fact that the Union olive oil market has gone through critical times in recent years, the new quota represents a substantial increase over the tariff quota which the Union has granted the country for many years. The measures concerned are therefore limited in time and cannot serve as a precedent in the negotiations between the Union and Tunisia on the establishment of a Deep and Comprehensive Free Trade Area (DCFTA), which are to started in October 2015. An extension of the application period may be contemplated at the end of this period if warranted by the market situation or progress in the DCFTA negotiations.
Amendment 31 #
2015/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 47 #
2015/0218(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 49 #
2015/0218(COD)
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Article 5b Assessment report The Commission shall assess the impact of the new tariff quota on Union markets nine months after the entry into force of this regulation. It shall present the impact assessment to the European Parliament and the Council.
Amendment 54 #
2015/0218(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
It shall apply from 1 January 2016 until 31 December 20176 This regulation may be extended up to December 2017 in accordance with the conditions laid down in Article 1.
Amendment 3 #
2014/2221(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the European Semester debate is of particular importance to the need to find a new model of development of structural reforms and selective investments, investing in strategic areas;
Amendment 25 #
2014/2221(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses the fact that the efficient use of resources, reducing foreign energy dependence and the induction of production patterns and more sustainable consumption patterns, involves promoting entrepreneurship and job creation with the efficient implementation of international targets and objectives as well diversification of revenue sources, in a context of fiscal neutrality and economic competitiveness;
Amendment 28 #
2014/2221(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 29 #
2014/2221(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the fact that the European Semester should be a tool for safeguarding high quality and efficiency in nationalStresses, with regard to the health sector policies, the need to strengthen the efficiency and sustainability of health care systems.
Amendment 33 #
2014/2221(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recognises that health is a value in itself and a prerequisite for economic growth and that investing in health contributes to better health, economic prosperity and social cohesion;
Amendment 15 #
2014/2153(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that the European Union’s prosperity and security depend on a stable and abundant energy supply, which means that the existing European solidarity mechanisms should be stepped up so that the Union can be better prepared for energy supply disruptions. Absolute priority should be given to diversifying energy sources, suppliers and routes for gas and electricity.
Amendment 21 #
2014/2153(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Takes the view that Europe must secure a more functional and integrated energy market. Developing interconnections so that no Member State is isolated will help not only to secure the supply of energy but also to bring about the internal energy market and promote competition. Adequate interconnections and the full implementation of the European Union internal market are the main driving forces for modernising energy systems in the Member States in a cost-efficient manner, offering general benefits for producers and consumers.
Amendment 24 #
2014/2153(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Highlights the importance of coordinating national energy policies and strengthening the European Union’s voice in the field of external energy policy.
Amendment 30 #
2014/2153(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that increased energy security is inseparable from the need to move to a low-carbon economy; strongly calls, therefore, for a comprehensive strategy that builds on existing policy instruments, with the long-term objective offor decarbonising the EU economy by 2050;.
Amendment 50 #
2014/2153(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that action will only follow if measures are put forward together with the Member States; calls on the Commission to propose concrete steps and actiTakes the view that the plan for reducing the European Union’s energy dependence requires substantial changes to the energy system, which will not happen without a strong plans, including legislation, for both the short and the long term; underlines the importance of both research and of local pilot projects in Member States, which contribute to energy security by improving the resilience of local systems;ush for the development of new energy technologies. Significant investments from the European Union and Member States in energy research and innovation are required.
Amendment 73 #
2014/2153(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. CallPoints onut the Commission to adopt measures to increase energy efficiency as a priority, thus also tackling the problem of low competitiveness resulting from high energy prices; underlines the importance of fully implementing the measures provided for in existing legislation, namely the Energy Efficiency Directive and the Energy Performance of Buildings Directive;at priority must be given to implementing the European Union’s legislative framework on energy efficiency, which is the only way of achieving the core aim of the Energy Efficiency Directive, namely to achieve an energy saving of 20% by 2020. Energy efficiency makes it possible to reduce energy demand, reduce energy imports and reduce greenhouse gases. It also offers a long-term solution to the problem of fuel scarcity, and greater energy security for the Union.
Amendment 95 #
2014/2153(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to step up the development and deployment of low- carbon technologies and to strengthen the role of renewable energy sources in order to save on fuel imports; welcomes the Commission’s view of renewable energy as a no-regrets option and stresses the importance of developing smarter energy grids and new energy storage solutions;develop a support framework for advancing renewable energies that will ensure international competitiveness. Dependence on imports has increased in the past two decades and is expected to rise to around 80% by 2035 in the case of electricity and gas. In this context, welcomes the Commission’s view of renewable energy as a no-regrets option, which means identifying the EU countries with the greatest capacity for exploiting these sources.
Amendment 120 #
2014/2153(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to abolish all indirect subsidies for fossil fuels and to make full use of funds for financing renewables, based on binding renewable targets;to exploit hydrocarbons and clean coal, taking into account the decarbonisation priorities.
Amendment 125 #
2014/2147(INI)
Motion for a resolution
Paragraph 6a (new)
Paragraph 6a (new)
6 a. Reiterates its deep concern over the fact that currently only 7.5% of EU farmers are under 35 years of age and believes that well-functioning POs attracting young people can play a part in reversing this unsustainable demographic trend;
Amendment 173 #
2014/2146(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Considers it necessary to foresee calling into question a quotas system to control supply in the dairy sector due to the unavailability of a mechanism with an equivalent effect on the market;
Amendment 5 #
2014/2059(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the fact that the greening of EU economies contributes to long-term and crisis-resilient growth, increases competitiveness and creates jobs, while improving the Union’s energy security and energy independence; the green economy should be seen as a major driver for the development of the economy;
Amendment 16 #
2014/2059(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates the need to phase out environmentally harmful subsidies by 2020 and to shift taxes away from labour to more growth-friendly bases, such as environmental taxation; Stresses the importance of the impact on the European economy resulting from a taxation system more favorable to the investment and growth, through the change of the tax incidence on labour to resource use and consumption, as well the elimination of the existing incentives harmful to the environment.
Amendment 32 #
2014/2059(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6 f. Stresses the importance of an effective and sustainable healthcare system for the patients and for the economy in general and ask to include specific knowledge on health policy in the process of the European Semester;
Amendment 33 #
2014/2059(INI)
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6 g. Stresses that investment in health is an essential element of the package of social investment (Towards Social Investment for Growth and Cohesion - including implementing the European Social Fund 2014-2020) adopted on 20th February 2013 by the European Commission; this approach results from the annual Growth Survey 2013, which recognizes the contribution of health to an economic recovery that leads to job creation;
Amendment 39 #
2014/2059(INI)
Draft opinion
Paragraph 6 m (new)
Paragraph 6 m (new)
6 m. Strengthens the effective investment in health is an essential condition for economic prosperity and promoting growth, with results in terms of productivity, labour supply, human capital and public spending;
Amendment 41 #
2014/2059(INI)
Draft opinion
Paragraph 6 o (new)
Paragraph 6 o (new)
6 o. Stresses the need to develop common tools and mechanisms at European level to tackle the shortage of human and financial resources and facilitate the adoption of innovation in health care, in order to contribute to the innovative and sustainable health systems.
Amendment 982 #
2014/0100(COD)
Proposal for a regulation
Annex I – indent 15 a (new)
Annex I – indent 15 a (new)
- Natural corks, non-agglomerated and without binders,
Amendment 206 #
2013/2277(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that, even before the beginning at the beginning of the EU- IMF assistance programme, the Portuguese economy had suffered from low GDP and productivity growth for a number of years, and that this lack of growth, combined with the impact of the global financial crisis, had resulted in a large fiscal deficit and a high debt level, driving up Portugal’s refinancing costs in capital markets to unsustainable levels; notes in this context that in 2007 Portugal’s growth rate reached 2.4%, its fiscal deficit 3.1%, its debt level 62.7% and its current account deficit 10.2% of GDP, with the unemployment rate standing at 8.1%; and in 2010 it has registered a deficit of 9.8% of GDP, a growth rate of 1.9%, a level of public debt of 94% of GDP, the current account deficit of 8.7% of GDP and an unemployment rate of 10.8%, thus disclosing the present data, and in only 3 years, revealing a strong deterioration of the main economic indicators;
Amendment 210 #
2013/2277(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that the Growth and Stability Programmes (PEC), presented by the socialist government between May 2010 and March 2011 - four programmes in only one year (PEC 1 in March 2010, PEC 2 in May 2010, PEC 3 in September 2010 and PEC 4 in March 2011) - were completely unsuitable to the reality and unable to cope with the structural and budgetary problems that Portugal had.
Amendment 211 #
2013/2277(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points out that, as the international and national crises deepened, the four Growth and Stability Programmes presented by the socialist government between May 2010 and March 2011, shown successively and unrealistically, counter-cyclical, increasingly better projections. As an example, the forecast for the deficit in PEC 1, for 2013, was of 2.8% and in PEC 4, it was even more reduced, with only 2%. Conversely, for the year of 2012, the forecast of the deficit in all PECs was of less than 3%, however having been confirmed that the real deficit in this year was 6.4%, i.e. more than twice.
Amendment 212 #
2013/2277(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Highlights that on January 21st 2014, in the European Parliament, the Commissioner for Economic Affairs, Olli Rehn, said that although the Portuguese adjustment programme had started in the summer of 2011, conversations had already taken place one year before, with the Minister of Finance of the Portuguese Socialist government, Teixeira dos Santos, about a possible economic and financial adjustment programme, taking into consideration the awareness that the Portuguese economic situation was becoming increasingly weak.
Amendment 11 #
2013/2130(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reminds the Commission to act on Article 17(1) of the Treaty on European Union, according to which the Commission initiates the Union’s annual and multiannual programming with a view to achieving interinstitutional agreements;
Amendment 13 #
2013/2130(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the fact that, with the Treaty of Lisbon, greater democratisation is also linked to greater participation by national parliaments in the procedure for adopting legislative acts, particularly in relation to the principles of proportionality and subsidiarity;
Amendment 14 #
2013/2130(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Points out that Article 17(8) of the Treaty on European Union expressly enshrines the principle that the Commission is politically accountable to the European Parliament, which is crucial to the proper functioning of the EU's political system;
Amendment 15 #
2013/2130(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Stresses the need for sincere cooperation between the institutions involved in the legislative procedure in relation to exchanging documents, such as legal opinions, allowing for a constructive, frank and legally valid dialogue between institutions;
Amendment 176 #
2013/0253(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) It is not appropriate to apply the bail- in tool to claims in so far as they are secured, collateralised or otherwise guaranteed. However, in order to ensure that the bail-in tool is effective and achieves its objectives, it should be possible to apply it to as wide a range of the unsecured liabilities of a failing institution as possible. Nevertheless, it is appropriate to exclude certain kinds of unsecured liability from the scope of application of the bail-in tool. For reasons of public policy and effective resolution, the bail-in tool shouldall not apply to those deposits, of whatever nature or value, that are protected under Directive 94/19/EC of the European Parliament and of the Council15, to liabilities to employees of the failing institution or to commercial claims that relate to goods and services necessary for the daily functioning of the institution. __________________ 15OJ L 135, 31.5.1994, pp. 5–14.
Amendment 180 #
2013/0253(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Depositors that hold deposits guaranteed by a deposit guarantee scheme shouldof whatever nature or value shall not be subject to the exercise of the bail-in tool. The deposit guarantee scheme, however, contributes to funding the resolution process to the extent that it would have had to indemnify the depositors. The exercise of the bail-in powers would ensure that depositors continue having access to their deposits which is the main reason why the deposit guarantee schemes have been established. Not providing for the involvement of those schemes in such cases would constitute an unfair advantage with respect to the other creditors which would be subject to the exercise of the powers by the resolution authority.
Amendment 421 #
2013/0253(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d
Article 12 – paragraph 2 – subparagraph 1 – point d
(d) to protect depositors covered by Directive 94/19/EC, regardless of the nature and value of their respective deposits, and investors covered by Directive 97/9/EC21. __________________ 21 Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes. OJ L 084, 26.03.1997, p.22.
Amendment 425 #
2013/0253(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d a (new)
Article 12 – paragraph 2 – subparagraph 1 – point d a (new)
(da) to particularly safeguard all deposits held by legal persons, regardless of their nature and value, since the appropriation of such deposits for the purposes of bank resolution would have an unbearable economic, financial, social, labour and tax impact given the likelihood that such funds are required for management and cash flow purposes by businesses, foundations, social support institution and other bodies, for the payment of salaries, raw materials, services, and tax and administrative costs;
Amendment 485 #
2013/0253(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) claims related to eligible deposits and claims from deposit guarantee schemeseligible deposits, other than deposits excluded under the terms of Article 12(d) and (da);
Amendment 662 #
2013/0253(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point a
Article 24 – paragraph 3 – point a
(a) covered deposits regardless of their nature and value;
Amendment 698 #
2013/0253(COD)
Proposal for a regulation
Article 24 – paragraph 12 – point a
Article 24 – paragraph 12 – point a
Amendment 220 #
2012/0010(COD)
Proposal for a directive
Recital 38
Recital 38
(38) The protection of the rights and freedoms of data subjects with regard to the processing of personal data requires that appropriate technical and organisational measures be taken to ensure that the requirements of the Directive are met. In order to ensure compliance with the provisions adopted pursuant to this Directive, the controller should adopt policies and implement appropriate measures, which meet in particular the principles of data protection by design and data protection by default.Does not affect English version.)
Amendment 238 #
2012/0010(COD)
Proposal for a directive
Recital 48
Recital 48
(48) The Commission should equally be able to recognise that a third country, or a territory or a processing sector within a third country, or an international organisation, does not offer an adequate level of data protection. Consequently the transfer of personal data to that third country should be prohibited except when they are based on an international agreement, appropriate safeguards or a derogation. Provision should be made for procedures for consultations between the Commission and such third countries or international organisations. However, such a Commission decision shall be without prejudice to the possibility to undertake transfers on the basis of appropriate safeguards or on the basis of a derogation laid down in the Directive.Does not affect English version.)
Amendment 261 #
2012/0010(COD)
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data, and prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability or illness, age or sexual orientation; and
Amendment 264 #
2012/0010(COD)
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) ensure that the exchange of personal data by competent authorities within the Union is neither restricted nor prohibited for reasons connected with the protection of individuals with regard to the processing of personal dataprovided for pursuant to point (a).
Amendment 279 #
2012/0010(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3a) 'profiling' means an automated data processing technique consisting in categorising an individual, in particular for the purpose of taking decisions in relation to that individual or to analyse or predict their personal preferences, behaviour and attitudes;
Amendment 320 #
2012/0010(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) persons with regard to whom there are serious grounds for believing that they have committed or are about to commit a criminal offence;
Amendment 322 #
2012/0010(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) victims of a criminal offence, or persons with regard to whom certain facts give reasons for believing that he or she could be the victim of a criminal offence;
Amendment 393 #
2012/0010(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 399 #
2012/0010(COD)
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 417 #
2012/0010(COD)
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Member States may adopt legislative measures restricting, wholly or partly, the data subject's right of access to the extent that such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interests of the person concerned, respecting the essence of the rights and fundamental freedoms of the person concerned under Article 52 of the Charter of Fundamental Rights of the European Union:
Amendment 426 #
2012/0010(COD)
Proposal for a directive
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
(e) to protect the rights and freedoms of othird partiers.
Amendment 428 #
2012/0010(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may determine by law categories of data processing which may wholly or partly fall under the exemptions of points (a) to (d) of paragraph 1.
Amendment 447 #
2012/0010(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 566 #
2012/0010(COD)
Proposal for a directive
Article 29 – paragraph 4
Article 29 – paragraph 4
4. The communication to the data subject may be delayed, restricted or omitted on the grounds referred to in Article 11(43(1).
Amendment 51 #
2011/0023(COD)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the European Parliament resolution of 11 February 2015 on anti-terrorism measures (2015/2530(RSP)),
Amendment 106 #
2011/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious crime, it is therefore essential that all Member States introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union, intra-EU flights from one Member State to another Member State and domestic flights with a final destination in the same Member State and non-carrier economic operators when involved in booking such flights.
Amendment 115 #
2011/0023(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Non-carrier economic operators, such as travel agencies and tour operators, sell package tours making use of charter flights for which they collect and process PNR data from their customers, yet without necessarily transferring the data to the airline operating the passenger flight.
Amendment 120 #
2011/0023(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 ofapplied in this Directive should be the same as in Council Framework Decision 2002/475/JHA on combating terrorism37. The definition of serous crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States38 . However, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to as amended by Council decision 2008/919/JHA. The term serious crime applied in this dDirective would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crimeencompasses the crimes listed in Article 2.1. __________________ 38 OJ L 190, 18.7.2002, p. 1.
Amendment 134 #
2011/0023(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lisdata sets should not contain any personal data that could reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning health or sexual life of the individual concerned. The PNR data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security.
Amendment 143 #
2011/0023(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should take all necessary measures to enable air carriers and non-carrier economic operators to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers and non-carrier economic operators failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 161 #
2011/0023(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States and Europol the PNR data that they receive where such transferthis is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security through. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union40 . Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. __________________ 40 OJ L 386, 29.12.2006, p. 89.
Amendment 173 #
2011/0023(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) PNR data should be processed to the greatest extent possible in a masked out way in order to ensure a highest level of data protection by making it impossible for those having access to masked out data to identify a person and to draw conclusions as to what persons are related to that data. Re-identifying masked out data is possible only under conditions ensuring a high level of data protection.
Amendment 203 #
2011/0023(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive does not affect the possibility for Member States to provide, under their domestic law, for a system of collection and handling of PNR data for purposes other than those specified in this Directive, or from transportation providers other than those specified in the Directive, regarding internal flights subject to compliance with relevant data protection provisions, provided that such domestic law respects the Union acquis. The issue of the collection of PNR data on internal flights should be the subject of specific reflection at a future date.
Amendment 207 #
2011/0023(COD)
Proposal for a directive
Recital 29
Recital 29
(29) As a result of the legal and technical differences between national provisions concerning the processing of personal data, including PNR, air carriers and non- carrier economic operators are and will be faced with different requirements regarding the types of information to be transmitted, as well as the conditions under which this information needs to be provided to competent national authorities. These differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious crime.
Amendment 222 #
2011/0023(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In particular, the scope of the Directive is as limited as possible, it allows retention of PNR data for period of time not exceeding 57 years, after which the data must be permanently deleted, the data must be anonymised after a very short periodmasked out after 6 months, the collection and use of sensitive data is prohibited. In order to ensure efficiency and a high level of data protection, Member States are required toit must be ensured that an independent national supervisory authority isand in particular its Data Protection Officer are responsible for advising and monitoring how PNR data are processed. All processing of PNR data must be logged or documented for the purpose of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of the data processing. Member States must also ensure that passengers are clearly and precisely informed about the collection of PNR data and their rights.
Amendment 227 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member Staterelating to passenger flights between EU Member States and third countries, for intra-EU flights and domestic flights, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them.
Amendment 231 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive shall also apply to non- carrier economic operators that gather or store PNR data on passenger flights planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member States with a final destination in a third country, to intra-EU-flights and to domestic flights;
Amendment 239 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) Thepurposes of prevention, detection, investigation and prosecution of terrorist offences, and serious crime according to Article 4 (2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime according to Article 4(2)(a) and (d). or the prevention of immediate and serious threats to public security. deleted deleted
Amendment 253 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'intra-EU flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in another Member State, including any transfer of transit flights;
Amendment 254 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(bb) 'domestic flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in the same Member State;
Amendment 257 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or 'PNR data' means a record of each passenger’s travel requirements captured and retained electronically by the air carrier or the non-carrier economic operators in its normal course of business which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities. Passenger data includes data created by air carriers or non-carrier economic operators for each journey booked by or on behalf of any passenger and contained in carriers' reservation systems, DCS, or equivalent systems providing similar functionality. PNR data consists of the data fields set out in the Annex;
Amendment 260 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘'reservation systems’' means the air carrier’'s or the non-carrier economic operator's internal inventory system, in which PNR data are collected for the handling of reservations;
Amendment 262 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) Non-carrier economic operator means an economic operator, such as travel agencies and tour operators, that provides travel-related services, including the bookings of flights for which they collect and process PNR data of passengers;
Amendment 264 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ’push method’ means the method whereby air carriers transfer the required PNR dataand non-carrier economic operator transfer their existing PNR data listed in the Annex to this Directive into the database of the authority requesting them;
Amendment 268 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘terrorist offences’ means the offences under national law referred to in Articles 1 to 4 of Council Framework Decision 2002/475/JHA; on combating terrorism as amended by Council decision 2008/919/JHA.
Amendment 281 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 296 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) Masked out means rendering certain data elements of PNR data indecipherable to a user, without deleting them (e.g. by the means of applying a cryptographic state-of-the-art function to the elements of clear text data making a passenger identifiable); elements that are rendered indecipherable must comprise all elements making a passenger identifiable. Identical clear text data may result in identical masked out data in order to make it possible to match data without identifying the persons who are subject to that data.
Amendment 303 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime and the prevention of immediate and serious threats to public security or a branch of such an authority to act as its ‘Passenger Information Unit’ responsible for collecting PNR data from the air carriers and non-carrier economic operators, storing them, analyprocessing them and transmitting the result of the analysisPNR data or the result of the processing thereof to the competent authorities referred to in Article 5. Its staff members may be seconded from competent public authoritieThe Passenger Information Unit is also responsible for the exchange of PNR data or the result of the processing thereof with Passenger Information Unit of other Member States in accordance with Article 7. Its staff members may be seconded from competent public authorities. It shall be provided with adequate resources in order to fulfil its tasks.
Amendment 324 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Each Passenger Information Unit shall appoint an independent Data Protection Officer, who ensures the internal supervision of the Passenger Information Unit's activities and will totally oversee the transfer of PNR data to other competent authorities, to other Member States and Europol. The Data Protection Officer shall report wrong conduct of the data protection requirements set out in this directive
Amendment 333 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers and the non-carrier economic operators, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected only by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers and non-carrier economic operators include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt.
Amendment 344 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5 as well as Europol. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria in accordance with this Directive, and may compare PNR data against relevant databases, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such files. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 365 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis based on sufficient evidence, to duly reasoned requests from competent authorities or Europol to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious crime listed in Article 2.1 (i) or the prevention of an immediate and serious threat to public security, and to provide the competent authorities with the results of such processing; and
Amendment 382 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5. The assessment criteria shall in no circumstances be based on a person’s raceracial or ethnic origin, political opinions, religious or philosophical belief, political opinions, trade union membership, health or sexual life.
Amendment 411 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive masked out PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the specific purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime or the prevention of immediate and serious threats to public security. Europol shall be entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units of the Member States within the limits of its mandate and when necessary for the performance of its tasks.
Amendment 418 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall consist of authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime or the prevention of immediate and serious threats to public security.
Amendment 429 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting terrorist offences or serious crime or the prevention of immediate and serious threats to public security.
Amendment 446 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers and non-carrier economic operators transfer ('push') the PNR data as defined in Article 2(c) and specified in the Annex, to the extent that such data are already collected by them, to the database of the national Passenger Information Unit of the Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier and the non-carrier economic operator that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers and the non-carrier economic operators shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 457 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Air carriers and non-carrier economic operator shall transfer PNR data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of Articles 13 and 14 or, in the event of technical failure, by any other appropriate means ensuring an appropriate level of data security:
Amendment 461 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a – introductory part
Article 6 – paragraph 2 – point a – introductory part
(a) once, 24 to 48 hours before the scheduled time for flight departure;
Amendment 469 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may permit air carriers and non-carrier economic operators to limit the transfer referred to in point (b) of paragraph 2 to updates of the transfer referred to in point (a) of paragraph 2.
Amendment 476 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers and non-carrier economic operator shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime.
Amendment 485 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considersand to Europol where any elements indicate such a transfer to be necessaryhelpful for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. The Passenger Information Units of the receiving Member States shallmay transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities through using their Passenger Information Unit and using Europol's existing Secure Information Exchange Network Application (SIENA).
Amendment 492 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1),and have not yet been masked out and, if necessary, also the result of theany processing of PNR data. Thethereof, if it has already been prepared pursuant to Article 4(2)(a). The duly reasoned request for such data may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b)ossible.
Amendment 501 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in responhave been already masked out. The Passenger Information Unit shall only provide the full PNR data where it is reasonably believed that it is necessary for the purpose of Article 4(2)(b) and only when authorised to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crimedo so by an authority competent under Article 9(3).
Amendment 512 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Only in those cases where it is necessary for the prevention of an immediate and serious threat to public securitywhen necessary in cases of emergency and under the conditions laid down in paragraph 2 and 3 may the competent authorities of a Member State request directly the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1) and (2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious crime and shall be reasoned. Passenger Information Units shall respond to such requests as a matter of priority. The requests from the competent authorities, a copy of which shall always be sent to the Passenger Information Unit of the requesting Member State, shall be reasoned. In all other cases the competent authorities shall channel their requests through the Passenger Information Unit of their own Member State.
Amendment 524 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Exceptionally, where early access is necessary to respond to a specific and actual threat related to terrorist offences or serious crime or to prevent an immediate and serious threat to public security, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter’s territory at any time.
Amendment 536 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Passenger Information Units shall establish the possibility for Europol to request access to PNR data.
Amendment 539 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 b (new)
Article 7 – paragraph 6 b (new)
6b. Member States shall ensure that their Passenger Information Unit's, in order to fulfil their tasks as laid down in Article 4(2)(c), co-operate in the application of state-of-the-art technologies through Europol using technologies that shall allow Passenger and Europol to combine their data with that of other Passenger Information Unit's by ensuring full protection of personal data with the aim of analysing the data pursuant to Article 4(2)(c).
Amendment 545 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis and in duly reasoned request based on sufficient evidence and if:
Amendment 554 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the conditions laid down in Article 13 of Council Framework Decision 2008/977/JHA are fulfilled,transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences, the prevention of immediate and serious threats to public security or the execution of criminal penalties;
Amendment 562 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
(ab) the Member State from which the data were obtained has given its consent to transfer in compliance with its national law;
Amendment 565 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a c (new)
Article 8 – paragraph 1 – point a c (new)
(ac) the third country or international body concerned ensures an adequate level of protection for the intended data processing;
Amendment 612 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers and non- carrier economic operators to the Passenger Information Unit are retained in a database at the Passenger Information Unit for a period of 30 day6 months after their transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 628 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 30 day6 months after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fiseven years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymisedmasked out PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution.
Amendment 634 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 a (new)
Article 9 – paragraph 2 – subparagraph 1 a (new)
Re-identification of masked out PNR data and access to the full PNR data shall be permitted only by the Data Protection Officer for the purposes of Article 4(2)(b) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk related to terrorist offences or a specific investigation or prosecution related to a crime listed in Article 2.1 or the prevention of an immediate and serious threat to public security.
Amendment 659 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are deleted permanently upon expiry of the period specified in paragraph 2. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 675 #
2011/0023(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Penalties against air carriers and non- carrier economic operators
Amendment 687 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Each Passenger Information Unit shall appoint a Data Protection Officer in order to ensure compliance with existing national and Union data protection law and fundamental rights; that person shall be trained and qualified to a high standard in data protection law.
Amendment 689 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Each Member State shall provide that the provisions adopted under national law in implementation of Articles 21 and 22 of the Council Framework Decision 2008/977/JHA regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive. Air carriers which collect contact details for passengers who have booked their flights through a travel agency or other travel intermediary shall be prohibited from using those data for marketing purposes.
Amendment 702 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. All processing of PNR data by air carriers and non-carrier economic operators, all transfers of PNR data by Passenger Information Units and all requests by competent authorities or Passenger Information Units of other Member States and third countries, even if refused, shall be logged or documented by the Passenger Information Unit and the competent authorities for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of data processing, in particular by the national data protection supervisory authorities and the Data Protection Officer. These logs shall be kept for a period of fiseven years unless the underlying data have not yet been deleted in accordance with Article 9(3) at the expiry of those fiseven years, in which case the logs shall be kept until the underlying data are deleted.
Amendment 704 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Those persons who operate security controls, who access and analyse the PNR data, and who operate the data logs, must be security cleared and security trained.
Amendment 713 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Any transfer of PNR data by Passenger Information Units and competent authorities to private parties in Member States or in third countries shall be prohibited. Any wrong conduct should be sanctioned.
Amendment 776 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 781 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council within fourseven years after the date mentioned in Article 15(1). Such review shall cover all the elements of this Directive, with special attention to the compliance with standard of protection of personal data, the length of the data retention period and the quality of the assessments. It shall also contain the statistical information gathered pursuant to Article 18.
Amendment 101 #
2010/0817(COD)
Draft directive
Article 5 a (new)
Article 5 a (new)
Article 5a Conditions for issuing and transmitting an EIO 1. An EIO may only be issued where the Issuing Authority is convinced that the following conditions are met: (a) The issuing of the EIO is necessary and proportionate for the purpose of the proceedings referred to in Article 4; (b) The investigative measures mentioned in the EIO would be ordered under the same conditions in a similar national case. 2. These conditions shall be assessed by the issuing authority in each case. 3. After its compliance with the conditions for its issue have been assessed, the EIO shall be validated if necessary, in accordance with the Directive, by a judge a court, an investigating magistrate or a prosecutor before being transmitted to the executing authority.
Amendment 115 #
2010/0817(COD)
Draft directive
Article 10 - paragraph 1 - point -a b (new)
Article 10 - paragraph 1 - point -a b (new)
(-ab) the EIO refers to facts that do not constitute a crime or an offence under the national law of the executing state, except under the conditions and for the criminal offences as referred to in Article 2(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States1 that shall not be the subject to a double criminality check; _______________ 1 OJ L 190, 18.7.2002, p. 1.
Amendment 126 #
2010/0817(COD)
Draft directive
Article 13
Article 13
Amendment 142 #
2010/0817(COD)
Draft directive
Article 18 a (new)
Article 18 a (new)
Costs All expenses arising from an investigation request, with a view of obtaining evidence, will be shared in equal parts between the issuing and the executing State, unless both concerned States, in concrete cases, have previously agreed on a different distribution of costs.