Procedure : 2011/0344(COD)
Document stages in plenary
Document selected : A7-0397/2013

Texts tabled :

A7-0397/2013

Debates :

PV 10/12/2013 - 5
CRE 10/12/2013 - 5

Votes :

PV 10/12/2013 - 7.2

Texts adopted :

P7_TA(2013)0520

REPORT     ***I
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19 November 2013
PE 491.176v02-00 A7-0397/2013

on the proposal for a regulation of the European Parliament and of the Council establishing for the period 2014 to 2020 the Rights and Citizenship Programme

(COM(2011)0758 – C7-0438/2011 – 2011/0344(COD))

Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Kinga Göncz

Rapporteurs for the opinions (*):

Jean Lambert, Committee on Employment and Social Affairs

Regina Bastos, Committee on Women's Rights and Gender Equality

(*) Associated committees – Rule 50 of the Rules of Procedure

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 OPINION of the Committee on Employment and Social Affairs(*)
 OPINION of the Committee on Women’s Rights and Gender Equality(*)
 OPINION of the Committee on Budgets
 OPINION of the Committee on Legal Affairs
 OPINION of the Committee on Petitions
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council establishing for the period 2014 to 2020 the Rights and Citizenship Programme

(COM(2011)0758 – C7-0438/2011 – 2011/0344(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2011)0758),

–   having regard to Article 294(2) and Articles 19(2), 21(2), 114, 168, 169 and 197 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0438/2011),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Economic and Social Committee of 26 April 2012(1),

–   having regard to the opinion of the Committee of the Regions of 18 July 2012(2),

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Employment and Social Affairs, the Committee on Women's Rights and Gender Equality, the Committee on Budgets, the Committee on Legal Affairs and the Committee on Petitions (A7-0397/2013),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1

AMENDMENTS BY THE EUROPEAN PARLIAMENT(3)*

to the Commission proposal

---------------------------------------------------------

REGULATION (EU) No .../2013

OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of

establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 19(2), 21(2), 114, 168, 169 and 197 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(4),

Having regard to the opinion of the Committee of the Regions(5),

Acting in accordance with the ordinary legislative procedure(6),

Whereas:

(1)         The European Union is founded on the values of ▌respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights and fundamental freedoms. Those values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail. Persons are entitled to enjoy in the Union the rights conferred on them by the Treaty on the Functioning of the European Union (TFEU) and the Treaty on European Union (TEU). Furthermore, the Charter of Fundamental Rights of the European Union (the "Charter"), which with the entry into force of the Treaty of Lisbon became legally binding across the Union, reflects the fundamental rights and freedoms to which persons are entitled in the Union. Those rights should be promoted and respected ▌. The full enjoyment of those rights, as well as of the rights deriving from international conventions to which the Union has acceded, such as the United Nations Convention on the Rights of Persons with Disabilities, should be guaranteed and any obstacles should be dismantled. Furthermore, the enjoyment of those rights entails responsibilities and duties with regard to other persons, to the human community and to future generations.

(2)  In the Stockholm Programme(7)1 the European Council reaffirmed the priority of developing an area of freedom, security and justice and specified as a political priority the achievement of a Europe of rights. Financing was identified as one of the important tools for the successful implementation of the Stockholm Programme's political priorities. The ambitious goals set by the Treaties and by the Stockholm Programme should be attained inter alia by establishing, for the period 2014 to 2020, a flexible and effective Rights, Equality and Citizenship Programme (the "Programme") which should facilitate planning and implementation. The general and specific objectives of the Programme should be interpreted in line with the relevant strategic guidelines defined by the European Council.

(3)         The Commission Communication of 3 March 2010 on the Europe 2020 Strategy sets out a strategy for smart, sustainable and inclusive growth. Supporting and promoting the rights of persons within the Union, tackling discrimination and inequalities and promoting Union citizenship contribute to the promotion of the specific objectives and flagship initiatives of the Europe 2020 Strategy.

(5)  Non-discrimination is a fundamental principle of the Union. Article 19 TFEU provides for action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Non-discrimination is also enshrined in Article 21 of the Charter, which should be applied within the limits of, and in accordance with, Article 51 of the Charter. The specific features of the diverse forms of discrimination should be accommodated and appropriate action should be developed in parallel to prevent and combat discrimination on one or more grounds.

(5a)       The Programme should be implemented in a mutually reinforcing manner with other Union activities that have the same objectives, in particular the Commission Communication of 5 April 2011 entitled "An EU Framework for National Roma Integration Strategies up to 2020"(8) and the Council conclusions of 19 May 2011 on an EU Framework for National Roma Integration Strategies up to 2020, which call on the Member States to address the social and economic exclusion of Roma by pursuing a mainstreaming approach in four key areas – education, employment, health and housing, as well as by ensuring that Roma are not discriminated against but accorded equal recognition of their fundamental rights, and to take measures to eliminate segregation where it exists, notably in the areas of education and housing.

(5b)  Racism, xenophobia, homophobia and other forms of intolerance are direct violations of the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, principles upon which the Union is founded and which are common to the Member States. Combating those phenomena is therefore a constant goal which requires coordinated action, including by the allocation of funding. Those phenomena include, among others, public incitement to violence or hatred directed against a group of persons or a member of such a group, as well as other offences when committed with racist, xenophobic or homophobic motivation. In that context, particular attention should also be devoted to preventing and combating all forms of violence, hatred, segregation and stigmatisation, as well as combating bullying, harassment and intolerant treatment, for example in public administration, the police, the judiciary, at school and in the workplace.

(5c)  Equality between women and men is one of the Union’s founding values. Unequal treatment between women and men violates fundamental rights. Moreover, the promotion of equality between women and men also contributes to achieving the objectives of the Europe 2020 Strategy. The objective of promoting equality between women and men should be implemented in a mutually reinforcing manner with other Union or Member States activities that have the same objective, in particular the European Pact for equality between women and men for the period 2011 to 2020.

(5d)       Discrimination on the ground of sex includes, in line with the case-law of the Court of Justice of the European Union, discrimination arising from gender reassignment. In the implementation of the Programme, regard should also be had to developments in Union law and in the case-law of the Court of Justice of the European Union with regard to further gender related aspects, including gender identity.

(5e)  The right to be treated with dignity in the workplace and society in general is an expression of the founding values of the Union and coordinated action is necessary to permit targeted activities in relation to the employment market. Therefore, actions in the area of gender equality and non-discrimination should include promoting equality between women and men and combating discrimination in the workplace and the employment market.

(7)         Violence against children, young people and women, as well as against other groups at risk, in all its forms, constitutes a violation of fundamental rights and a serious health scourge. Such violence is present throughout the Union and has serious repercussions on victims' physical and psychological health as well as on society as a whole. Strong political will and coordinated action based on the methods and results of the Daphne programmes(9) are necessary in order to address it and to protect victims. Taking action to combat violence against women contributes to the promotion of equality between women and men. As the Daphne funding has been a genuine success since its launch in 1997, both in terms of its popularity with stakeholders (public authorities, academic institutions and non-governmental organisations (NGOs)) and in terms of the effectiveness of the funded projects, it is essential that in the implementation of the Programme the name "Daphne" be maintained in relation to that part of the specific objective that is aimed at preventing and combating violence against children, young people and women, so as to keep the Daphne programmes' profile as high as possible.

(7a)  Article 3(3) TEU requires the Union to promote the protection of the rights of the child, while combating discrimination. Children are vulnerable, in particular in situations of poverty, social exclusion or disability or in other specific situations exposing them to risk, such as neglect, abduction and disappearance. Action should be taken to promote the rights of the child and to contribute to the protection of children from harm and violence, which pose a danger to their physical or mental health and constitute a breach of their rights to development, protection and dignity.

(9)         Personal data should continue to be protected effectively in a context of constant technological development and globalisation. The Union’s legal framework for data protection should be applied effectively and consistently within the ▌Union. To achieve this, the Union should be able to support the efforts of Member States to implement that legal framework, placing particular emphasis on ensuring that individuals can exercise their rights effectively.

(9a)  Citizens should be more aware of their rights deriving from citizenship of the Union, namely their right to move and reside freely in the Union, their right to vote and stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence under the same conditions as nationals of that State, their right to petition the European Parliament in any of the Treaty languages, their right to submit citizens' initiatives and their right to lodge complaints with the European Ombudsman against institutional maladministration, and should be able to exercise those rights. Encouraging citizens to play a more active role in democracy at Union level will strengthen European civil society and foster the development of a European identity. Citizens should feel at ease about living, travelling, studying, working and volunteering in another Member State, and should feel able to place their trust in equal access, full enforceability and protection of their rights without any discrimination, no matter where in the Union they happen to be.

(9b)  Individuals in their capacity as consumers or entrepreneurs in the internal market should be able to enforce their rights deriving from Union law in a cross-border context.

(10)       Pursuant to Articles 8 and 10 TFEU, the Programme in all its activities should support gender mainstreaming and the mainstreaming of non-discrimination objectives ▌. Regular monitoring and evaluation should be carried out to assess the way in which gender equality and non-discrimination issues are addressed in the Programme's activities.

(11)       Experience of action at Union level has shown that achieving the objectives of the Programme in practice calls for a combination of instruments, including legal acts, policy initiatives and funding. Funding is an important tool complementing legislative measures.

(11a)  In addition to being of real value to beneficiaries, actions funded under the Programme can generate evidence on which to base improved policy-making at national and at Union level. For example, the Daphne programmes have allowed for a real transfer of learning and good practices between all stakeholders involved, including Member States, in relation to preventing and combating violence against children, young people and women.

(11b)     The Commission Communication of 29 June 2011 entitled ‘A budget for Europe 2020’ stresses the need for the rationalisation and simplification of Union funding. Meaningful simplification and efficient management of funding can be achieved through a reduction in the number of programmes and through the rationalisation, simplification and harmonisation of funding rules and procedures.

(12)  In responding to the need for simplification, efficient management and easier access to funding, the Programme should continue and develop activities previously carried out on the basis of section 4 (‘Antidiscrimination and diversity’) and section 5 (‘Gender equality’) of the Progress programme established by Decision No 1672/2006/EC of the European Parliament and of the Council(10), the Fundamental rights and citizenship programme established by Council Decision 2007/252/EC(11) and the Daphne III programme established by Decision No 779/2007/EC of the European Parliament and of the Council(12). The mid-term evaluations of those programmes include recommendations aimed at improving the implementation of those programmes. The findings of those mid-term evaluations, as well as the findings of the respective ex-post evaluations, need to be taken into account in the implementation of the Programme.

(12a)     Ensuring optimal use of the financial resources and improving the efficiency of spending should constitute guiding principles for achieving the objectives of the Programme. Adequate funding should be guaranteed to support the efforts to establish a Europe of rights. It is important to ensure that the Programme is implemented in the most effective and user-friendly manner possible, at the same time guaranteeing legal security and access to it for all participants. In order to facilitate access to funding for all potential beneficiaries, the application procedures and the financial management requirements should also be simplified and the administrative burdens removed.

(13)  The Commission Communication of 19 October 2010 entitled ‘The EU Budget Review’ and the Commission Communication of 29 June 2011 entitled ‘A budget for Europe 2020’ underline the importance of focusing funding on actions with clear European added value, i.e. where Union intervention can bring additional value compared to the action of Member States alone. Actions covered by this Regulation should contribute to the development of mutual trust between Member States, increasing cross-border cooperation and networking and achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to achieving effective and better knowledge of Union law and policies by all those concerned and should provide a sound analytical basis for the support and the development of Union law and policies, in so doing contributing to their enforcement and proper implementation. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning.

(13a)  In selecting actions for funding under the Programme, the Commission should assess the proposals against pre-identified criteria. Those criteria should include an assessment of the European added value of the proposed actions. National projects and small-scale projects can also have European added value.

(13b)  Bodies and entities pursuing an aim of general European interest in the areas covered by the Programme should be regarded as key actors to the extent that they have proven, or can be expected to prove, to have a considerable effect on realising those aims, and should receive funding in accordance with the procedures and criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation. (13c)  Harmonised services of social value should be interpreted within the meaning of Article 2 of Commission Decision 116/2007/EC(13).

(13d)  Bodies and entities that have access to the Programme should include national, regional and local authorities.

(15)  This Regulation lays down a financial envelope for the entire duration of the Programme which is to constitute the prime reference amount, within the meaning of point 17 of the Interinstitutional Agreement of … 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management(14)(15)*, for the European Parliament and the Council during the annual budgetary procedure.

(15a)     In order to ensure that the Programme is sufficiently flexible to respond to changing needs and corresponding policy priorities throughout its duration, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission concerning modification of the percentages set out in the Annex to this Regulation for each group of specific objectives that would exceed those percentages by more than 5 percentage points. To assess the need for such a delegated act, those percentages should be calculated on the basis of the financial envelope of the Programme for its entire duration , and not on the basis of annual appropriations. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(16)  This Regulation should be implemented in full compliance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(16) (the "Financial Regulation"). In particular with regard to the eligibility conditions of value added tax (VAT) paid by grant beneficiaries, the eligibility of VAT should not depend on the legal status of the beneficiaries for activities which can be carried out by private and public bodies and entities under the same legal conditions. Taking into account the specific nature of the objectives and activities covered by this Regulation, it should be made clear, in calls for proposals, that, for activities which can be carried out by both public and private bodies and entities, the non-deductible VAT incurred by public bodies and entities is to be eligible, in so far as it is paid in respect of the implementation of activities, such as training or awareness-raising, which cannot be considered as the exercise of public authority. This Regulation should also make use of the simplification tools introduced by the Financial Regulation. Moreover, the criteria for identifying actions to be supported should aim at allocating the available financial resources to actions generating the highest impact in relation to the policy objective pursued.

(17)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in respect of the adoption of annual ▌work programmes. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(17).

(17a)     The annual work programmes adopted by the Commission pursuant to this Regulation should ensure appropriate distribution of funds between grants and public procurement contracts. The Programme should primarily allocate funds to grants, while maintaining sufficient funding levels for procurement. The minimum percentage of annual expenditure to be awarded to grants should be established in the annual work programmes and should be not less than 65 %. To facilitate project planning and co-financing by stakeholders, the Commission should establish a clear timetable for the calls for proposals, selection of projects and award decisions.

(18)  In order to ensure efficient allocation of funds from the general budget of the Union, consistency, complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other, in particular between the Programme and the Justice Programme established by Regulation (EU) No ../2013 of the European Parliament and of the Council(18)(19)*, the Europe for Citizens Programme established by Regulation (EU) No ../2013 of the European Parliament and of the Council(20)(21)**, the European Union Programme for Employment and Social Innovation established by Regulation (EU) No ../2013 of the European Parliament and of the Council(22)(23)*** and other programmes in the areas of ▌employment and social affairs; home affairs; health and consumer protection; education, training, youth and sport; the information society; enlargement, in particular the Instrument for Pre-accession Assistance established by Regulation (EU) No ../2013 of the European Parliament and of the Council(24)(25)**** and the funds operating under the Common Strategic Framework (CSF funds) established by Regulation (EU) No ../2013 of the European Parliament and of the Council(26)(27)*****.

(18a)  The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as the European Institute for Gender Equality and the Agency for Fundamental Rights, and should take stock of the work of other national and international actors in the areas covered by the Programme.

(19)       The financial interests of the Union should be protected through proportionate measures throughout the expenditure cycle, including the prevention, detection and investigation of irregularities, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative and financial penalties ▌ in accordance with the Financial Regulation.

(20)       In order to implement the principle of sound financial management, this Regulation should provide for appropriate tools to assess its performance. To that end, it should define general and specific objectives. To measure the achievement of those specific objectives, a set of concrete and quantifiable indicators should be established which should remain valid for the whole duration of the Programme. The Commission should submit annually to the European Parliament and to the Council a monitoring report which should be based inter alia on the indicators set out in this Regulation and which should give information on the use of available funds.

(20a)  In the implementation of the Programme, the Commission should take into account the objective of fair geographic distribution of funds, and should provide assistance in those Member States where the number of funded actions is relatively low. When implementing the Programme, the Commission should also take into account whether, according to internationally recognised indices/monitoring bodies, action needs to be taken in some Member States in order to ensure the effective achievement of the objectives of the Programme, and should support action from the Member States or civil society in those areas.

(20b)     In accordance with point (l) of Article 180(1) of Commission Delegated Regulation (EU) No 1268/2012(28) (the "Rules of Application"), the grant agreements should lay down provisions governing the visibility of the Union financial support, except in duly justified cases where public display is not possible or appropriate.

(20c )   In accordance with Article 35(2) and (3) of the Financial Regulation and Article 21 of its Rules of Application, the Commission should make available, in an appropriate and timely manner, information concerning recipients and concerning the nature and purpose of the measures financed from the general budget of the Union. That information should be made available with due observance of the requirements of confidentiality and security, in particular the protection of personal data.

(21)       Since the objective of this Regulation, namely to contribute to the further development of an area where equality and the rights of persons, as enshrined in the TEU, the TFEU and the Charter and in international human rights conventions to which the Union has acceded, are promoted, protected and effectively implemented, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(21a)  In order to ensure the continuity of funding of activities previously carried out on the basis of sections 4 and 5 of Decision No 1672/2006/EC, Decision 2007/252/EC and Decision No 779/2007/EC, this Regulation should enter into force on the day following that of its publication,

HAVE ADOPTED THIS REGULATION:

Article 1Establishment and duration of the Programme

1.          This Regulation establishes a ▌Rights, Equality and Citizenship Programme (‘the Programme’).

2.          The Programme shall cover the period from 1 January 2014 to 31 December 2020.

Article 2European added value

1.        The Programme shall finance actions with European added value. To that end, the Commission shall ensure that the actions selected for funding are intended to produce results with European added value ▌.

2.        The European added value of actions, including that of small-scale and national actions, shall be assessed in the light of criteria such as their contribution to the consistent and coherent implementation of Union law, and to wide public awareness about the rights deriving from it, their potential to develop mutual trust among Member States and to improve cross-border cooperation, their transnational impact, their contribution to the elaboration and dissemination of best practices or their potential to contribute to the creation of minimum standards, practical tools and solutions that address cross-border or Union-wide challenges.

Article 3General

objective

The general objective of the Programme shall be to contribute, in accordance with Article 4, to the further development of an area where equality and the rights of persons as enshrined in the TEU, in the TFEU, in the Charter and in the international human rights conventions to which the Union has acceded, are promoted, protected and effectively implemented.

Article 4Specific objectives

1.          To achieve the general objective set out in Article 3, the Programme shall have the following specific objectives:

(b)    to promote the effective implementation of the principle of non -discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and to respect the principle of non-discrimination on the grounds provided for in Article 21 of the Charter;

(ba)  to prevent and combat racism, xenophobia, homophobia and other forms of intolerance;

(bb)  to promote and protect the rights of persons with disabilities;

(bc)  to promote equality between women and men and to advance gender mainstreaming;

(bd)  to prevent and combat all forms of violence against children, young people and women, as well as violence against other groups at risk, in particular groups at risk of violence in close relationships, and to protect victims of such violence.

(c)    to promote and protect the rights of the child;

(d)    to contribute to ensuring the highest level of protection of privacy and personal data;

(da)  to promote and enhance the exercise of rights deriving from citizenship of the Union;

(db)  to enable individuals in their capacity as consumers or entrepreneurs in the internal market to enforce their rights deriving from Union law, having regard to the projects funded under the Consumer Programme.

1a.  The specific objectives of the Programme shall be pursued through, in particular:

(a)    enhancing awareness and knowledge of Union law and policies as well as of the rights, values and principles underpinning the Union;

(b)    supporting the effective, comprehensive and consistent implementation and application of Union instruments and policies in the Member States and the monitoring and evaluation thereof;

(c)    promoting cross-border cooperation, improving mutual knowledge and enhancing mutual trust among all stakeholders;

(d)    improving knowledge and understanding of potential obstacles to the exercise of rights and principles guaranteed by the TEU, the TFEU, the Charter, international conventions to which the Union has acceded, and secondary Union legislation.

Article 5

Types of actions

2.          The Programme shall finance inter alia the following types of actions:

(a)    analytical activities, such as the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations ▌; the elaboration and publication of guides, reports and educational material; ▌workshops, seminars, experts' meetings and conferences;

(b)    training activities, such as staff exchanges, workshops, seminars, train-the-trainer events and the development of online training tools or other training modules;

(c)  mutual learning, cooperation, awareness-raising and dissemination activities, such as the identification of, and exchanges concerning, good practices, innovative approaches and experiences; the organisation of peer reviews and mutual learning; the organisation of conferences, seminars, media campaigns, including in the online media , ▌ information campaigns, ▌including institutional communication on the political priorities of the Union as far as they relate to the objectives of the Programme; the compilation and publication of materials to disseminate information about the Programme and its results; the ▌ development, operation and maintenance of systems and tools using information and communication technologies;

(d)    support for main actors whose activities contribute to the implementation of the objectives of the Programme, such as support for NGOs in the implementation of actions with European added value, support for key European actors, European-level networks and harmonised services of social value; support for Member States in the implementation of Union law and policies; and support for ▌ networking activities at European level among specialised bodies and entities as well as national, regional and local authorities and NGOs, including support by way of action grants or operating grants.

2a.  In order to ensure an inclusive perspective, beneficiaries shall encourage the participation of relevant target groups in actions financed by the Programme.

Article 6Participation

1.          Access to the Programme shall be open to all ▌ bodies and entities legally established in:

(a)    Member States;

(b)    European Free Trade Association (EFTA) countries which are parties to the ▌Agreement on the European Economic Area, in accordance with that Agreement;

(c)     candidate countries, potential candidates and countries acceding to the Union, in accordance with the general principles and the general terms and conditions laid down for the participation of those countries in the Union programmes established in the respective Framework Agreements and Association Council decisions, or similar agreements.

1a.        Bodies and entities which are profit-oriented shall have access to the Programme only in conjunction with non-profit or public organisations.

2.  Bodies and entities legally established in ▌third countries, other than those participating in the Programme in accordance with points (b) and (c) of paragraph 1, in particular countries where the European Neighbourhood Policy applies, may be associated to the actions of the Programme at their own cost, if this serves the purpose of those actions.

3.          The Commission may cooperate with international organisations under the conditions laid down in the relevant annual work programme. Access to the Programme shall be open to international organisations active in the areas covered by the Programme in accordance with the Financial Regulation and the relevant annual work programme.

Article 7

Budget

1.          The financial envelope for the implementation of the Programme for the period 2014 to 2020 is set at EUR [439,473 million].

2.  The financial allocation of the Programme may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities which are required for the management of the Programme and the assessment of the achievement of its objectives. The financial allocation may cover expenses relating to the necessary studies, meetings of experts, information and communication actions, including institutional communication of the political priorities of the Union, in so far as they are related to the general objectives of this Regulation, as well as expenses linked to information technology networks focusing on information processing and exchange; and other technical and administrative assistance needed in connection with the ▌ management of the Programme by the Commission.

3.          The annual appropriations shall be authorised by the European Parliament and the Council within the limits of the multiannual financial framework established by Council Regulation (EU, Euratom) No …/2013(29)(30)*.

3a.        Within the financial envelope for the Programme, amounts shall be allocated to each group of specific objectives in accordance with the percentages set out in the Annex.

3b.  The Commission shall not depart from the allocated percentages of the financial envelope, as set out in the Annex, by more than 5 percentage points for each group of specific objectives. Should it prove necessary to exceed that limit, the Commission shall be empowered to adopt delegated acts in accordance with Article 7a to modify each of the figures in the Annex by more than 5 and up to 10 percentage points.

Article 7a

Exercise of the delegation

1.          The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.          The power to adopt delegated acts referred to in Article 7(3b) shall be conferred on the Commission for the duration of the Programme.

3.          The delegation of power referred to in Article 7(3b) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.          As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.  A delegated act adopted pursuant to Article 7(3b) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

Article 8

Implementing measures

1.          The Commission shall implement the Programme in accordance with the Financial Regulation ▌.

2.          In order to implement the Programme, the Commission shall adopt annual work programmes in the form of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9(2).

3.          Each annual work programme shall implement the objectives of the Programme by determining the following:

(a)    the actions to be undertaken, in accordance with the general and specific objectives set out in Article 3 and Article 4(1), including the indicative allocation of financial resources;

(b)  the essential eligibility, selection and award criteria to be used to select the proposals which are to receive financial contributions in accordance with Article 84 of the Financial Regulation and with Article 94 of its Rules of Application;

(c)    the minimum percentage of annual expenditure to be allocated to grants.

3a.        Appropriate and fair distribution of financial support between different areas covered by the specific objectives referred to in Article 4(1) shall be ensured, while taking into account the level of funding already allocated under the previous 2007-2013 programmes established by the Decisions referred to in Article 13. When deciding on the allocation of funds to those areas in the annual work programmes, the Commission shall take into consideration the need to maintain sufficient funding levels and shall ensure continuity of actions and predictability of funding in all areas covered by the specific objectives set out in Article 4(1).

3b.        Calls for proposals shall be published on an annual basis.

Article 9 Committee procedure

1.          The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.          Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

  Article 10

Complementarity

1.          The Commission, in cooperation with the Member States, shall ensure overall consistency and complementarity and synergies with other Union instruments including, inter alia, the Justice Programme, the Europe for Citizens Programme and the European Union Programme for Employment and Social Innovation, and with other programmes in the areas of ▌employment and social affairs; home affairs, health and consumer protection; education, training, youth and sport; the information society; and enlargement, in particular the Instrument for Pre-accession Assistance and the funds operating under the Common Strategic Framework (CSF funds).

1a.        The Commission shall also ensure overall consistency, complementarity and synergies with the work of the Union bodies, offices and agencies operating in areas covered by the objectives of the Programme.

2.          The Programme may share resources with other Union instruments, in particular the Justice Programme, in order to implement actions meeting the objectives of both programmes. An action for which funding has been awarded from the Programme may also give rise to the award of funding from the Justice Programme, provided that the funding does not cover the same cost items.

Article 11Protection of the financial interests of the

Union

1.          The Commission shall take appropriate measures ensuring that, when actions financed under the Programme are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive administrative and financial penalties.

2.          The Commission or its representatives and the Court of Auditors shall have the power of audit, both on the basis of documents and on ▌ the ▌ spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds under the Programme.

3.  The European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections ▌, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council(31) and in Council Regulation (Euratom, EC) No 2185/96(32) with a view to establishing whether fraud, corruption or any other illegal activity has occurred affecting the financial interests of the Union in connection with a grant agreement or grant decision or a contract funded under the Programme.

4.          Without prejudice to ▌paragraphs 1, 2 and 3, cooperation agreements with third countries and with international organisations, grant agreements, grant decisions and contracts, ▌resulting from the implementation of the Programme shall contain provisions expressly empowering the Commission, the Court of Auditors and OLAF to conduct the audits and investigations referred to in those paragraphs, in accordance with their respective competences.

Article 12

Monitoring and evaluation

1.          The Commission shall monitor the Programme annually in order to follow the implementation of actions carried out under it ▌and the achievement of the specific objectives set out in Article 4. The monitoring shall also provide a means of assessing the way in which gender equality, non-discrimination and child protection issues have been addressed across the Programme’s actions ▌.

2.          The Commission shall provide the European Parliament and the Council with:

(-a)   an annual monitoring report based on the indicators set out in Article 12a(1a),and on the use of the available funds;

(a)    an interim evaluation report by 30 June 2018;

(b)    an ex-post evaluation report by 31 December 2021.

3.  The interim evaluation ▌report shall assess the achievement of the Programme's objectives, the efficiency of the use of resources and the Programme's European added value with a view to determining whether funding in areas covered by the Programme should be renewed, modified or suspended after 2020. It shall also address the scope for any simplification of the Programme, its internal and external coherence, and the continued relevance of all objectives and actions. It shall take into account the results of the ex-post evaluations of the previous 2007-2013 programmes established by the Decisions referred to in Article 13.

4.          The ex-post evaluation ▌report shall assess the long-term impact of the Programme and ▌the sustainability of the effects of the Programme, with a view to informing a decision on a subsequent programme.

Article 12a

Indicators

1.          In accordance with Article 12, the indicators set out in paragraph 1a of this Article shall serve as a basis for monitoring and evaluating the extent to which each of the Programme's specific objectives set out in Article 4 has been achieved through the actions provided for in Article 5. They shall be measured against pre-defined baselines reflecting the situation before implementation. Where relevant, indicators shall be broken down by, inter alia, sex, age and disability.

1a.        The indicators referred to in paragraph 1 shall include, inter alia, the following:

(a)    the number and percentage of persons in a target group reached by the awareness-raising activities funded by the Programme;

             (b)    the number of stakeholders participating in, inter alia, training activities, exchanges, study visits, workshops and seminars funded by the Programme;

(c)   the improvement in the level of knowledge of Union law and policies and, where applicable, of rights, values and principles underpinning the Union, in the groups participating in activities funded by the Programme compared to with the entire target group;

(d)    the number of cases, activities and outputs of cross-border cooperation;

(e)  participants’ assessment of the activities in which they participated and of their (expected) sustainability;

(f)     the number of applications and grants related to each specific objective;

(g)    the level of funding requested by applicants and granted in relation to each specific objective;

(h)    the geographical coverage of the activities funded by the Programme.

2.  In addition to the indicators set out in paragraph 1a, the interim and ex-post evaluation reports of the Programme shall assess, inter alia:

(a)    the European added value of the Programme, including an evaluation of the Programme's activities in the light of similar initiatives which have been developed at national or European level without support from Union funding and their (expected) results; and the advantages and/or disadvantages of Union funding compared to national funding for the type of activity in question;

(b)    the level of funding in relation to the outcomes achieved (efficiency);

(c)    the possible administrative, organisational and/or structural obstacles to the smoother, more effective and efficient implementation of the Programme (scope for simplification).

Article 13

Transitional measures

Actions initiated ▌on the basis of section 4 ("Antidiscrimination and diversity") and section 5 ("Gender equality") of Decision 1672/2006/EC, Decision 2007/252/EC or Decision 779/2007/EC shall continue to be governed by the provisions of those Decisions until their completion. In respect of those actions, reference to the committees provided for in Article 13 of Decision 1672/2006/EC, in Article 10 of Decision 2007/252/EC and in Article 10 of Decision 779/2007/EC shall be interpreted as references to the committee provided for in Article 9 of this Regulation.

Article 14Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ….,

For the European Parliament                      For the Council

The President                                                The President

_______________

ANNEX

ALLOCATION OF FUNDS

Within the financial envelope for the Programme, amounts shall be allocated as follows to the groups of specific objectives set out in Article 4(1):

Group of specific objectives                                       Share of the financial envelope (in %)

Group 1                                                                                                          57 %

           to promote the effective implementation of the principle of non-discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and to respect the principle of non-discrimination on the grounds provided for in Article 21 of the Charter;

           to prevent and combat racism, xenophobia, homophobia and other forms of intolerance;

           to promote and protect the rights of persons with disabilities;

           to promote equality between women and men and to advance gender mainstreaming;

Group 2  43 %

           to prevent and combat all forms of violence against children, young people and women, as well as violence against other groups at risk, in particular groups at risk of violence in close relationships, and to protect victims of such violence;

           to promote and protect the rights of the child;

           to contribute to ensuring the highest level of protection of privacy and personal data;

           to promote and enhance the exercise of rights deriving from citizenship of the Union;

           to enable individuals in their capacity as consumers or entrepreneurs in the internal market to enforce their rights deriving from Union law, having regard to the projects funded under the Consumer Programme.

(1)

         OJ C 191, 29.6.2012, p. 108.

(2)

         OJ C 277, 13.9.2012, p. 43.

(3)

* Amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▌.

(4)

         OJ C 191, 29.6.2012, p. 108.

(5)

         OJ C 277, 13.9.2012, p. 43.

(6)

         Position of the European Parliament of ... (not yet published in the Official Journal) and decision of the Council of ... .

(7)

1          OJ C 115, 4.5.2010, p. 115.

(8)

         OJ C 258, 2.9.2011, p. 6.

(9)

         Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young persons and women (OJ L 34, 9.2.2000, p. 1); Decision No 803/2004/EC of the European Parliament and of the Council of 21 April 2004 adopting a programme of Community action (2004 to 2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne II programme) (OJ L 143, 30.4.2004, p. 1); Decision No 779/2007/EC of the European Parliament and of the Council of 20 June 2007 establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme Fundamental Rights and Justice (OJ L 173, 3.7.2007, p. 19).

(10)

          Decision No 1672/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community Programme for Employment and Social Solidarity – Progress (OJ L 315, 15.11.2006, p.1).

(11)

         Council Decision 2007/252/EC of 19 April 2007 establishing for the period 2007-2013 the specific programme ‘Fundamental rights and citizenship' as part of the General programme 'Fundamental Rights and Justice' (OJ L 110, 27.4.2007, p. 33).

(12)

         Decision No 779/2007/EC of the European Parliament and of the Council of 20 June 2007 establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme ‘Fundamental Rights and Justice’ (OJ L 173, 3.7.2007, p. 19).

(13)

        Commission Decision No 116/2007/EC of 15 February 2007 on reserving the national numbering range beginning with ‘116’ for harmonised numbers for harmonised services of social value (OJ L 49, 17.2.2007, p. 30).

(14)

         OJ C ...

(15)

*          OJ: Please insert the date of adoption and the publication reference of the IIA as contained in document ST 11838/13.

(16)

        Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union (OJ L 298, 26.10.2012, p. 1).

(17)

         Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(18)

         OJ L …

(19)

*          OJ: Please insert the number in the text and in the footnote the full title and the publication reference of

Regulation in document pe-cons 90/2013.

(20)

         OJ L ….

(21)

**        OJ: Please insert the number in the text and in the footnote the full title and the publication reference of Regulation in document pe-cons …/2013.

(22)

        OJ L…

(23)

***       OJ: Please insert the number in the text and in the footnote the full title and the publication reference of Regulation in document pe-cons 80/2013.

(24)

        OJ L…

(25)

****     OJ: Please insert the number in the text and in the footnote the full title and the publication reference of Regulation in document pe-cons …/2013.

(26)

        OJ L…

(27)

*****    OJ: Please insert the number in the text and in the footnote the full title and the publication reference of Regulation in document pe-cons 85/2013.

(28)

        Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).

(29)

         Council Regulation (EU) No .../2013 of ...2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L ...).

(30)

*          OJ: Please insert, in the Article and footnote , the number, date of adoption and publication reference of the Regulation as contained in document ST 11791/13.

(31)

        Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

(32)

        Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).


OPINION of the Committee on Employment and Social Affairs(*) (10.10.2012)

for the Committee on Civil Liberties, Justice and Home Affairs

on the proposal for a regulation of the European Parliament and of the Council establishing for the period 2014 to 2020 the Rights and Citizenship Programme

(COM(2011)0758 – C7-0438/2011 – 2011/0344(COD))

Rapporteur: Jean Lambert

(*)       Associated committee – Rule 50 of the Rules of Procedure

SHORT JUSTIFICATION

Background

The Rights and Citizenship programme stems from the simplification and rationalisation of funding instruments. It is the successor of three current programmes (DAPHNE III, PROGRESS (actions concerning gender equality and anti–discrimination section) and Fundamental Rights and Citizenship. The new programme now has a focus on promoting the rights deriving from European citizenship, the principles of non–discrimination, equality between men and women, the rights of the child, data protection and consumer and business aspects. The management of the fund now passes to DG Justice but it is to be hoped that the experience and expertise developed within DG EMPL will not be lost.

Methodology

Within the EP, the overall lead committee is LIBE. However, given the history of the different funding instruments within the new fund, EMPL and FEMM have co–competency in certain areas and FEMM has lead competency in a small number of areas. This co–responsibility leads to a degree of complexity, so the lead rapporteur and rapporteurs for Opinions in the associated committees have agreed to table common amendments, in so far as that is possible, on areas where there may be joint responsibility. It also means that EMPL cannot table amendments on certain recitals and Articles where competence has been assigned to another committee: amendments relating to Delegated, rather than Implementing Acts will be therefore tabled in LIBE, rather than in this Opinion.

Key points

a) Common amendments with LIBE:

· Scope: we wish to include citizenship in the wider meaning of being an active member of society, not only being based on nationality: otherwise we risk seeing certain activities funded under this programme randomly omitting some members of the workforce, for example, from what is intended to be an inclusive activity, hence the amendment to recital 5 and an amendment to Article 4(1)(a)

· Funding: while no amending figures will be presented, there is a clear demand from stakeholders that funding should be maintained, if not increased, for this programme. The EESC opinion states that it is concerned that the growth of "extremist tendencies" may harm the basic implementation of human rights and that it is therefore important that adequate resources be made available to groups working to improve this situation. Other issues relevant to this instrument (e.g. the rights of the child and data protection) are likely to increase in importance over the coming years. This issue is covered in the proposed new Recital 12 a

· Allocation of funding: it was felt important to ensure a spread of funding across the component parts of the Programme, to ensure than annual programming does not disadvantage a particular element or a geographical dimension (new Recitals 13 c and 13 d). The importance of relevant networks and the need for access for smaller–scale but important projects is also recognised in recitals 13 a, 13 b and 13 c

· Consumer rights. it is felt that this is not the appropriate instrument in which to cover this issue and that it fits better within the Consumer Programme being dealt with in IMCO. However, your draftsperson has proposed a standby amendment to Article 4(1)(e) relating to freedom of movement in case no transfer proves possible.

b) Points specific to EMPL.

· The workplace is an important place for issues concerning equality of opportunity and treatment and tackling discrimination. The social partners have an important role to play: this is reflected in your draftsperson's amendment .to Article 5(1)(c) and 5(2)(b) our only point of exclusive competence

· Data protection is also an issue of increasing importance for issues relevant to our Committee, hence the Amendment to Article 4(1)(c)

· Volunteering is an important issue for EMPL, your draftsperson has included references to this group of people in Recital 3 and Article 5(2)(b)

· Inter–regional and cross–border co–operation: we have used the references from EMPL on EPSCI relating to inter–regional and cross–border observatories in Article 5(2)(d). Your draftsperson has also included a cross–reference to EPSCI as an example of where synergies may be found in Article 10(1) and Recital 18. The issue of synergies relating to the employment and social dimension is also reflected in the proposed new Recital 9a and amendment to Recital 10.

This new programme aims to build on the developments of its predecessors. It should be a powerful instrument to help combat discrimination and to promote greater equality: civil society has shown itself to be enthusiastic in promoting such social inclusion but it needs the resources to be able to do that. Your Rapporteur for opinion hopes that the EMPL Committee will show its strong support.

AMENDMENTS

The Committee on Employment and Social Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a regulation

Title

Text proposed by the Commission

Amendment

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing for the period 2014 to 2020 the Rights and Citizenship Programme

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing for the period 2014 to 2020 the Equality, Rights and Citizenship Programme

 

(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout)

Amendment  2

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) Citizens should be able to exercise fully the rights deriving from the citizenship of the Union. They should be able to exercise their right to move and reside freely in the Union, their right to vote for and stand as a candidate in European Parliament and municipal elections, their right to consular protection and their right to petition the European Parliament. They should feel at ease about living, travelling and working in another Member State, trusting that their rights are protected, no matter where in the Union they happen to be.

(3) Citizens should be able to exercise fully the rights deriving from the citizenship of the Union and from international Conventions that the EU has acceded to. They should be able to exercise their right to move and reside freely in the Union, their right to vote for and stand as a candidate in European Parliament and municipal elections, their right to consular protection and their right to petition the European Parliament. They should feel at ease about living, travelling, working studying and volunteering in another Member State, trusting that their rights are protected, no matter where in the Union they happen to be, and that access for persons with disabilities on an equal basis with others is ensured.

Amendment  3

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) Non-discrimination based on sex, racial or ethnic origin religion or belief, disability, age or sexual orientation and equality between women and men are values common to the Member States. Combating all forms of discrimination is an ongoing goal which requires coordinated action, including by the allocation of funding.

(5) Pursuant to Articles 2 and 3 TEU, Articles 8, 10, 18 and 19 TFEU and Article 21 of the Charter, the Union should take effective action to combat discrimination based on any grounds such as sex, gender identity, racial or ethnic origin, language, nationality or membership of a national minority, religion or belief, disability, age or sexual orientation and ensure equality between women and men, as well as the protection of the rights of persons with disabilities as an obligation derived from the accession of the Union to the UN Convention on the rights of persons with disabilities. Mainstreaming equality and building an inclusive society by combating all forms of discrimination, intolerance and hatred, promoting tolerant and inclusive workplaces and recognising the rights of all to be treated with dignity within the workplace and society in general are ongoing goals which require coordinated action, including by the allocation of sufficient funding.

 

Pursuant to Articles 2 and 3 (3) TEU and Article 8 TFEU, equality between women and men is a fundamental value and objective of the EU and the EU should promote gender equality in all its activities. Equality between women and men is also enshrined in Article 23 of the Charter of Fundamental Rights of the European Union. Promoting gender equality across the EU is done through a dual approach of specific actions and effective gender mainstreaming in both policies and budgetary allocations.

Amendment  4

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a) Pursuant to Article 46 TFEU the Union should take action to ensure the free movement of workers and abolish any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.

Amendment  5

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission

Amendment

 

(6a) Equality and anti-discrimination are not only legal questions but fundamental challenges for society. The Community Programme for Employment and Social Solidarity – Progress (the Progress Programme) included sections on 'Antidiscrimination and diversity' and 'Gender equality' that are to be continued and further developed under this Programme. Furthermore, the mid-term evaluation of the Progress Programme underlined the need for more efforts and new initiatives with regard to equality and anti-discrimination. It is therefore of the utmost importance to maintain a strong focus on those issues. Moreover the findings of the Progress Mid-Term evaluation of 22 December 2011 in the fields of equality and anti-discrimination need to be taken into account in the implementation of this Programme.

Amendment  6

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9a) Pursuant to Article 9 TFEU a high level of employment, the guarantee of adequate social protection and the fight against social exclusion should be promoted. Actions under this programme therefore should promote synergies between the fight against poverty, social exclusion and exclusion from the labour market and the promotion of equality and fight against all forms of discrimination.

Amendment  7

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) The Communication from the Commission on Europe 20207 sets out a strategy for smart, sustainable and inclusive growth. Supporting and promoting the rights of persons within the Union, tackling discrimination and inequalities and promoting citizenship contribute to the promotion of the specific objectives and flagship initiatives of the Europe 2020 Strategy.

(10) The Communication from the Commission on Europe 2020 sets out a strategy for smart, sustainable and inclusive growth. Supporting and promoting the rights of persons within the Union, the equality between women and men, tackling discrimination and inequalities, notably in the labour market with a view of implementing the principle of equal treatment, protecting the rights of persons with disabilities and promoting citizenship contribute to the promotion of the specific objectives and flagship initiatives of the Europe 2020 Strategy.

Amendment 8

Proposal for a regulation

Recital 12 a (new)

Text proposed by the Commission

Amendment

 

(12a) The rationalisation and simplification of the funding structure should not result in decreasing the level of financial resources available in the previous 2007–2013 programmes. In addition, a balanced and fair distribution of funding should be ensured for the specific objectives of the Programme. In order to facilitate access for potential applicants, simplification should also apply to the application procedures and financial management requirements together with the removal of administrative burdens. Calls for proposals and their supporting documents should be available in all official languages of the Union.

Amendment  9

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission

Amendment

 

(13a) Organisations and networks of organisations at European level make important contributions to policy development and should be considered as key actors as they can have a considerable impact on realising the objectives of the Programme and should receive funding in accordance with the procedures and the criteria set out in the annual work programmes.

Amendment  10

Proposal for a regulation

Recital 13 b (new)

Text proposed by the Commission

Amendment

 

(13b) The Commission should select actions by assessing the proposals against pre–defined criteria ensuring overall consistency, complementarity and synergies with the work of Union bodies and agencies. National projects and small–scale projects could also be considered to have European added value and thus be selected for financing.

Amendment 11

Proposal for a regulation

Recital 13 c (new)

Text proposed by the Commission

Amendment

 

(13c) Organizations – including non–governmental organisations–, bodies, European level networks and harmonised services of social value pursuing activities related to the objectives of the Programme should be able to apply for appropriate funding for action grants and operating grants. The annual work programmes should ensure that each specific objective of the Programme receives a balanced and fair share of financial allocations in order to ensure continuity and enhance predictability and reliability of funding.

Amendment  12

Proposal for a regulation

Recital 13 d (new)

Text proposed by the Commission

Amendment

 

(13d) The Commission should ensure a fair geographic distribution, and provide assistance in those Member States where the number of funded actions is relatively low.

Amendment  13

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) In order to ensure efficient allocation of funds from the Union budget, consistency, complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other, in particular between the Programme and the Justice programme established by Regulation (EU) No XX/XX of XX, the Europe for Citizens programme established by Regulation (EU) No XX/XX of XX and the programmes in the areas of home affairs; employment and social affairs; health and consumer protection; education, training, youth and sport; information society; enlargement, in particular the Instrument for Pre–accession Assistance and the funds operating under the Common Strategic Framework (CSF funds).

(18) In order to ensure efficient allocation of funds from the Union budget, consistency, complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other, in particular between the Programme and the Justice programme established by Regulation (EU) No XX/XX of XX, the Europe for Citizens programme established by Regulation (EU) No XX/XX of XX, the European Programme for Social Change and Innovation established by Regulation (EU) No XX/XX of XX and the programmes in the areas of home affairs; employment and social affairs; health and consumer protection; education, training, youth and sport; information society; enlargement, in particular the Instrument for Pre–accession Assistance and the funds operating under the Common Strategic Framework (CSF funds).

Amendment  14

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. This Regulation establishes the European Union Programme on Rights and Citizenship, hereinafter referred to as ‘the Programme’.

1. This Regulation establishes the European Union Programme on Equality, Rights and Citizenship, hereinafter referred to as ‘the Programme’.

Amendment  15

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) to contribute to enhancing the exercise of rights deriving from the citizenship of the Union;

(a) to contribute to the promotion and protection of the rights of all persons residing in the EU including the exercise of rights deriving from the citizenship of the Union or from the legislation of the Union;

Amendment  16

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) to promote the effective implementation of the principles of non discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, including equality between women and men and the rights of persons with disabilities and of the elderly;

(b) to promote equal treatment and the effective implementation of the principles of non discrimination on any grounds such as sex, gender identit, racial or ethnic origin, religion or belief, disability, age, sexual orientation, including equality between women and men and the rights of persons with disabilities and of the elderly, recognising the rights of all persons to be treated with dignity; to combat bullying harassment and intolerant treatment, especially in the workplace; to abolish discrimination based on nationality between workers from different Member States especially as regards employment, remuneration and working conditions;

Amendment  17

Proposal for a regulation

Article 4 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) to promote equality between women and men, including through combating violence against women, children, young people and other vulnerable persons, and ensuring that a gender equality perspective is taken into account in defining and implementing of all the policies and activities of the Union;

Amendment  18

Proposal for a regulation

Article 4 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) to contribute to ensuring a high level of protection of personal data;

(c) to contribute to ensuring a high level of protection of personal data, including data processing situations in the employment context or for social protection purposes as laid down in Article 81 and 82 of Regulation (EU) No XX/XX of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) and in situations arising from obligations under Directive 2006/24/EC of the European Parliament and of the Council on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC;

Amendment  19

Proposal for a regulation

Article 4 – paragraph 1 – point d b (new)

Text proposed by the Commission

Amendment

 

(db) to promote synergies between the fight against poverty and social exclusion and the fight against discrimination and in favour of greater equality;

Amendment  20

Proposal for a regulation

Article 4 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) to empower consumers and businesses to trade and purchase in trust within the internal market by enforcing the rights deriving from the Union consumer legislation and by supporting the freedom to conduct business in the internal market through cross–border transactions.

(e) to empower citizens to enforce their rights to the freedom to move and reside freely, work, study, volunteer and conduct business within the internal market.

Amendment  21

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. The indicators to measure the achievement of the objectives set out in paragraph 1 shall be, inter alia, the European perception of the respect, exercise and implementation of these rights and the number of complaints.

2. The indicators to measure the achievement of the objectives set out in paragraph 1 shall be, inter alia, the qualitative and quantitative data collected, at European level, on the respect, exercise and implementation of these rights and the number of complaints.

Amendment  22

Proposal for a regulation

Article 5 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) promoting transnational cooperation and building up of mutual knowledge and mutual trust among all involved stakeholders;

(c) promoting transnational cooperation and building up of mutual knowledge and mutual trust among all involved stakeholders, including social partners, networks and non-governmental organisations;

Amendment  23

Proposal for a regulation

Article 5 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) Training activities, such as staff exchanges, workshops, seminars, train-the-trainers events, development of online/other training modules;

(b) Training activities, such as staff exchanges, workshops, seminars, train-the-trainers events or individualised training in the work place, development of online/other training modules available to the entire workforce, including volunteers. These activities should include a gender dimension and an anti-discrimination perspective.

Amendment  24

Proposal for a regulation

Article 5 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) Support for main actors, such as support for Member States when implementing Union law and policies; support for key European level networks whose activities are linked to the implementation of the objectives of the Programme; networking among specialised bodies and organisations, national, regional and local authorities at European level; funding of experts' networks; funding of European level observatories.

(d) Support for main actors when implementing Union law and policies; support for key European level networks whose activities are linked to the implementation of the objectives of the Programme; networking among specialised bodies and organisations, national, regional and local authorities at European level; funding of experts' networks; cross–border and interregional cooperations and funding of European level observatories.

Amendment  25

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission, in cooperation with the Member States, shall ensure overall consistency and complementarity and synergies with other Union instruments, inter alia, with the Justice programme, the Europe for Citizens programme and with programmes in the areas of home affairs; employment and social affairs; health and consumer protection; education, training, youth and sport; information society; enlargement, in particular the Instrument for Pre–accession Assistance and the funds operating under the Common Strategic Framework (CSF funds).

1. The Commission, in cooperation with the Member States, shall ensure overall consistency and complementarity and synergies with other Union instruments, inter alia, with the Justice programme, the Europe for Citizens programme, the European Programme for Social Change and Innovation and with programmes in the areas of home affairs; employment and social affairs; health and consumer protection; education, training, youth and sport; information society; enlargement, in particular the Instrument for Pre–accession Assistance and the funds operating under the Common Strategic Framework (CSF funds).

PROCEDURE

Title

Establishing the Rights and Citizenship Programme 2014 - 2020

References

COM(2011)0758 – C7-0438/2011 – 2011/0344(COD)

Committee responsible

       Date announced in plenary

LIBE

15.12.2011

 

 

 

Opinion by

       Date announced in plenary

EMPL

15.12.2011

Associated committee(s) - date announced in plenary

24.5.2012

Rapporteur

       Date appointed

Jean Lambert

15.12.2011

Discussed in committee

5.7.2012

6.9.2012

8.10.2012

 

Date adopted

9.10.2012

 

 

 

Result of final vote

+:

–:

0:

40

2

0

Members present for the final vote

Regina Bastos, Edit Bauer, Heinz K. Becker, Jean-Luc Bennahmias, Phil Bennion, Pervenche Berès, Vilija Blinkevičiūtė, Philippe Boulland, Milan Cabrnoch, Alejandro Cercas, Ole Christensen, Derek Roland Clark, Minodora Cliveti, Emer Costello, Karima Delli, Richard Falbr, Thomas Händel, Marian Harkin, Nadja Hirsch, Stephen Hughes, Ádám Kósa, Jean Lambert, Patrick Le Hyaric, Veronica Lope Fontagné, Olle Ludvigsson, Thomas Mann, Elisabeth Morin-Chartier, Csaba Őry, Siiri Oviir, Konstantinos Poupakis, Sylvana Rapti, Licia Ronzulli, Elisabeth Schroedter, Jutta Steinruck, Traian Ungureanu, Andrea Zanoni

Substitute(s) present for the final vote

Malika Benarab-Attou, Edite Estrela, Ria Oomen-Ruijten, Antigoni Papadopoulou, Csaba Sógor, Gabriele Zimmer


OPINION of the Committee on Women’s Rights and Gender Equality(*) (21.9.2012)

for the Committee on Civil Liberties, Justice and Home Affairs

on the proposal for a regulation of the European Parliament and of the Council establishing for the period 2014 to 2020 the Rights and Citizenship Programme

(COM(2011)0758 – C7-0438/2011 – 2011/0344(COD))

Rapporteur: Regina Bastos

SHORT JUSTIFICATION

In the document entitled ‘A budget for the Europe 2020 strategy’, the Commission defined the main objectives for simplifying the financing structure by reducing the number of European financing instruments and establishing a set of basic provisions applicable to all European financing in the field of fundamental rights. With a view to clearly emphasising European added value and ensuring the rationalisation and simplification of financing mechanisms, the Commission proposed to create the Rights and Citizenship Programme, replacing three existing programmes:

– the Fundamental Rights and Citizenship Programme,

– the Daphne III Programme,

– the sections on ‘Antidiscrimination and diversity’ and ‘Equality between men and women’ in the Programme for Employment and Social Solidarity (PROGRESS).

The Rights and Citizenship Programme should promote the rights of European citizens, the principles of non-discrimination and equality between women and men, the right to the protection of personal data, the rights of the child, rights arising from EU legislation on consumer protection and freedom of enterprise in the internal market.

However, it should be ensured that the dimension relating to equality between men and women does not disappear from programmes in pursuing general objectives and becoming limited at best to the generic notion of equality between men and women.

Insufficient consideration for gender equality problems could mean that less attention is given to women’s rights and equality between men and women.

It is therefore important that the dimension relating to equality be taken into consideration under this Regulation.

It is also essential to see the objectives of the Daphne programme, in particular that of combating violence against women, retained within this Regulation.

The intention to introduce flexible financing in areas of interest should be considered carefully. In the absence of a breakdown of information on the budget allocation for specific projects within the Rights and Citizenship Programme, it is difficult to determine who the beneficiaries will be and what impact the programme will have on equality between men and women.

Indeed, regulations should, more specifically, include direct, feasible and verifiable objectives in terms of equality between men and women with specific budgets while maintaining the same level of financing as the previous period.

It is also essential to ensure that the effects of the budgetary outturn on equality between men and women are monitored and assessed in order to facilitate a precise and efficient evaluation of the impact of this financing.

Any modification to the funds allocated to equality between men and women must be monitored and made visible.

It is also important to ensure that the beneficiaries, public authorities and non-governmental organisations continue to be fully informed of the financing options and the conditions for accessing the various programmes.

In conclusion, the regular collection of comparable data on the different types of violence towards women within the Union is essential, even though it is particularly difficult given that, because of fear or shame, women and men are reluctant to recount their experiences to those concerned to enable an evaluation of the true extent of the problem of violence towards women and the implementation of appropriate solutions.

AMENDMENTS

The Committee on Women’s Rights and Gender Equality calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendment   1

Proposal for a regulation

Title

Text proposed by the Commission

Amendment

Proposal for a

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

establishing for the period 2014 to 2020 the Rights and Citizenship Programme

establishing for the period 2014 to 2020 the Rights, Equality and Citizenship Programme

 

(This amendment applies throughout the text. If adopted, it will lead to corresponding amendments in the text.)

Amendment   2

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The European Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, principles which are common to the Member States. Every citizen of the Union has the rights provided for in the Treaty. The Charter of Fundamental Rights of the European Union, which with the entry into force of the Lisbon Treaty became legally binding across the Union, reflects the fundamental rights and freedoms to which persons are entitled in the Union. Those rights should be promoted and respected if they are to become a reality. The full enjoyment of those rights should be guaranteed and any obstacles should be dismantled.

(1) The European Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, respect for women’s rights, equality between men and women and non-discrimination, principles which are common to the Member States. Every citizen of the Union has the rights provided for in the Treaty. The Charter of Fundamental Rights of the European Union, which with the entry into force of the Lisbon Treaty became legally binding across the Union, reflects the fundamental rights and freedoms to which persons are entitled in the Union. Those rights should be promoted and respected if they are to become a reality. The full enjoyment of those rights should be guaranteed and any obstacles should be dismantled.

Amendment   3

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) Citizens should be able to exercise fully the rights deriving from the citizenship of the Union. They should be able to exercise their right to move and reside freely in the Union, their right to vote for and stand as a candidate in European Parliament and municipal elections, their right to consular protection and their right to petition the European Parliament. They should feel at ease about living, travelling and working in another Member State, trusting that their rights are protected, no matter where in the Union they happen to be.

(3) Citizens should be able to access and enjoy the full range of their rights, as enshrined in the Treaties, without discrimination on any ground, including gender, gender identity and gender expression. They should be able to exercise their right to move and reside freely in the Union, their right to vote for and stand as a candidate in European Parliament and municipal elections, their right to consular protection and their right to petition the European Parliament. They should feel at ease about living, travelling and working in another Member State, trusting that their rights are protected, no matter where in the Union they happen to be.

Amendment   4

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) Non-discrimination based on sex, racial or ethnic origin religion or belief, disability, age or sexual orientation and equality between women and men are values common to the Member States. Combating all forms of discrimination is an ongoing goal which requires coordinated action, including by the allocation of funding.

(5) Pursuant to Articles 10 and 19 TFEU, the Union is to aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation and mainstream equality. Non-discrimination is also enshrined in Article 21 of the Charter of Fundamental Rights of the European Union. Combating all forms of discrimination which require coordinated action, including by the allocation of funding.

Justification

Combating discrimination and promoting equality between women and men should be complementary objectives of the Programme as women form the majority of most discriminated groups and are the majority of the EU population. Following the model of the current PROGRESS programme, the Rights and Citizenship Programme must give these two EU objectives an independent standing, and the recitals must reflect this. Since the 1995 United Nations World Conference on Women, the EU has been implementing a double strategy with regards to equality between women and men combining specific actions and gender mainstreaming. The Rights and Citizenship programme must provide the framework and the funding needed for this double strategy.

Amendment   5

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a) Pursuant to Article, 2 and 3(3) of the Treaty on European Union and of Article 8 TFEU, equality between women and men is a fundamental value and objective of the Union and the Union is to promote gender equality in all its activities. Equality between women and men is also enshrined in Article 23 of the Charter of Fundamental Rights of the European Union. Promoting gender equality across the Union is effected through a dual approach of specific actions and effective gender mainstreaming in policy making and in budgetary allocations.

Amendment   6

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) Pursuant to Articles 8 and 10 of the Treaty on the Functioning of the European Union, the Programme should support the mainstreaming of equality between women and men and anti-discrimination objectives in all its activities. Regular monitoring and evaluation should be carried out to assess the way in which gender equality and anti-discrimination issues are addressed in the Programme’s activities.

(6‭) In accordance with Article 2 and Article 3(3) ‬of the Treaty on European Union, equality between women and men is a common objective and value of the Union. Pursuant to Articles 8 and 10 TFEU, the Programme established by this Regulation should support the mainstreaming of equality between women and men and anti-discrimination objectives in all its activities and should be implemented in a mutually reinforcing manner with other Union or Member State activities that have the same objectives, in particular the EU Framework for National Roma Integration Strategies and the European Pact for equality between women and men for the period 2011 to 2020. Regular monitoring and evaluation should be carried out to assess the way in which gender equality and anti-discrimination issues are addressed in the Programme’s activities. The Union should ensure the promotion of gender equality through a two-pronged approach that includes taking into account the gender issue in all policies and budget allocations and adopting specific measures.

Amendment   7

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission

Amendment

 

(6a) In its resolution of 2 February 2012 on the Daphne Programme: achievements and future prospects1, the European Parliament regretted that combating violence against children, young persons and women was not expressly referred to as a specific objective in the Commission's proposal for this Regulation, considered it essential for the objectives Daphne III, in particular that of combating violence against women, to be retained among the objectives of the Programme, and maintained that the funding of the Programme should be maintained at the same or at a higher level than that of Daphne III and that the profile of Daphne III should remain high, bearing in mind their success, effectiveness and popularity.

 

__________

 

1 Texts adopted, P7_TA(2012)0027.

Amendment8

Proposal for a regulation

Recital 6 b (new)

Text proposed by the Commission

Amendment

 

(6b) The future calls for proposals for action grants aiming to co-fund projects that contribute to prevent and combat violence against children, young people and women and to protect victims and groups at risk should continue to be called "Daphne".

Amendment              9

Proposal for a regulation

Recital 6 c (new)

Text proposed by the Commission

Amendment

 

(6c) Projects that contribute to prevent and combat violence against children young people and women and to protect victims and groups at risk shall be identified as "Daphne Objectives".

Amendment                10

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Violence against women in all its forms constitutes a violation of fundamental rights and a serious health scourge. Such violence is present throughout the Union and coordinated action is necessary in order to address it. Taking action to combat violence against women contributes to the promotion of equality between women and men.

(7) All forms of violence against women, children, young persons and other groups at risk constitutes a genuine violation of fundamental rights. This scourge has serious repercussions, not just on victims’ physical and psychological health but also on society as a whole because inequality between men and women is expressed here in its cruellest and most distressing form. It is also the result of cultural and social factors, as well as a persistent inequality between men and women and an unequal distribution of power between men and women in our societies. Such violence is present throughout the Union and a strong political will and coordinated action based on the methods and results of the Daphne programmes are necessary. Taking action to combat violence against women contributes to the empowerment of women and the promotion of equality between women and men. As the Daphne programmes have been a genuine success since their launch in 1997, both in terms of their popularity with stakeholders (beneficiaries, public and academic authorities, non-governmental organisations (NGOs)) and in terms of the effectiveness of the projects funded by the programmes, it is essential that the Programme clearly identify projects relating to the objectives of preventing and combating violence against children, teenagers, women and other groups at risk as ''Daphne'' so as to keep the Daphne programmes' profile as high as possible.

Amendment   11

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) The Treaty requires the Union to promote the protection of the rights of the child pursuant to Article 3(3) of the Treaty on European Union, while combating discrimination. Children are vulnerable, in particular in a situation of poverty, social exclusion, disability or specific situations putting them at risk. Action should be taken to promote the rights of the child and contribute to the protection of children from harm and violence, which pose a danger to their physical or mental health.

(8) The Treaty requires the Union to promote the protection of the rights of the child pursuant to Article 3(3) of the Treaty on European Union, while combating discrimination. Children are vulnerable, in particular in a situation of poverty, social exclusion, disability or specific situations putting them at risk. Action should be taken to promote the rights of the child and contribute to the protection of children from harm and violence, which pose a danger to their physical or mental health. The Union and the Member States should take into account the rights and duties of parents, guardians, and other individuals legally responsible for the child.

Amendment   12

Proposal for a regulation

Recital 8 a (new)

Text proposed by the Commission

Amendment

 

(8a) Many non-governmental organisations (NGOs) active at various levels can make an important contribution at European level through European representative networks of rights holders which assist in developing policy orientations relating to the general objectives of the Programme.

Justification

The new programme must recognise the role of NGOs in policy shaping as in the Progress programme and the DAPHNE Programme.

Amendment   13

Proposal for a regulation

Recital 8 b (new)

Text proposed by the Commission

Amendment

 

(8b) The requirement to promote a high level of employment, to guarantee adequate social protection and to fight against social exclusion are promoted by Article 9 TFEU. Actions under the Programme should promote synergies between the fight against poverty, social exclusion and discrimination and the promotion of gender equality and equality for all.

Justification

The co-ordination between policies to promote greater equality and fight discrimination and the policies to promote social inclusion and fight against poverty was one of the added values of the current PROGRESS programme. This added value must be cherished also in the next programming period, even if social inclusion and equality policies are funded through different programmes.

Amendment   14

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) The Communication from the Commission on Europe 2020 sets out a strategy for smart, sustainable and inclusive growth. Supporting and promoting the rights of persons within the Union, tackling discrimination and inequalities and promoting citizenship contribute to the promotion of the specific objectives and flagship initiatives of the Europe 2020 Strategy.

(10) The Communication from the Commission on Europe 2020 sets out a strategy for smart, sustainable and inclusive growth. Supporting and promoting the rights of persons within the Union, promoting equality between women and men, tackling discrimination and inequalities, and promoting citizenship, contribute to the promotion of the specific objectives and flagship initiatives of the Europe 2020 strategy.

Justification

Equality between women and men is crucial for the success of the Europe 2020 Strategy. There are specific provisions derived from the UN Convention in the Europe 2020 strategy.

Amendment   15

Proposal for a regulation

Recital 12 a (new)

Text proposed by the Commission

Amendment

 

(12a) The achievement of the overarching priority of gender equality and combating violence against women in all its forms requires sufficient and predictable level of funding. Therefore the move towards simplification and more efficient management of funding should ensure that Union funding is permanently reserved for promoting gender equality and combating violence against women in all its forms, that the level of funding reserved for that priority is not reduced to below that reserved for Daphne III, and that there is a balanced geographical spread among the organisations that receive funding.

Amendment   16

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission

Amendment

 

(13a) Funding for programmes and activities that promote women's rights and gender equality is key to ensuring that the EU budget reflects the TFEU's commitment to gender equality. Therefore the Commission should select programmes and actions for funding by assessing the proposals against pre-defined criteria which take particular account of European added value in terms of gender equality and combating violence against women in all its forms.

Amendment   17

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission

Amendment

 

(14a) The regular collection of comparable data on different types of violence against children, teenagers, women and other groups at risk within the Union is essential to enable an evaluation of the true extent of the problem of violence and the implementation of appropriate solutions.

Amendment   18

Proposal for a regulation

Recital 15 a (new)

Text proposed by the Commission

Amendment

 

(15a) Pursuant to Articles 8, 9 and 10 TFEU, the Union is to promote equality between women and men in all its policies, fight against social exclusion and combat discrimination based on racial or ethnic origin, religion or belief, disability, age or sexual orientation.

Amendment   19

Proposal for a regulation

Recital 15 b (new)

Text proposed by the Commission

Amendment

 

(15b) Gender budgeting is the application of gender mainstreaming in the budgetary processes. It means a gender-based assessment of budgets, incorporating a gender perspective at all levels of the budgetary process and restructuring revenues and expenditures in order to promote gender equality.

Amendment   20

Proposal for a regulation

Recital 18 b (new)

Text proposed by the Commission

Amendment

 

(18b) To ensure success, increased earmarked financing should be ensured for projects which defend women's rights and promote equality between men and women, including actions to combat violence against women. Financing should be divided equally on an annual basis in order to ensure the continuity of the objectives and actions being pursued.

Amendment   21

Proposal for a regulation

Article 2

Text proposed by the Commission

Amendment

The Programme shall finance actions with European added value. To that effect, the Commission shall ensure that the actions selected for funding are intended to produce results with European added value and shall monitor whether European added value was actually achieved through the final results of the actions financed by the Programme.

The Programme shall finance actions with European added value in accordance with the principles of gender budgeting. To that effect, the Commission shall ensure that the actions selected for funding are intended to produce results with European added value and shall monitor whether European added value was actually achieved through the final results of the actions financed by the Programme. European added value shall be assessed on the basis of the potential of the actions to contribute to achieving the overarching priorities of gender equality and combating violence against women.

Amendment   22

Proposal for a regulation

Article 3

Text proposed by the Commission

Amendment

The general objective of the Programme shall be to contribute to the creation of an area, where the rights of persons, as enshrined in the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union, are promoted and protected.

The general objective of the Programme shall be to contribute to the creation of an area, where the rights of persons, the principle of equality between women and men, equality and non-discrimination, as enshrined in the TFEU, the Charter of Fundamental Rights of the European Union and the international human rights conventions to which the Union has acceded, are promoted, protected and effectively implemented.

Amendment   23

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) to promote the effective implementation of the principles of non-discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, including equality between women and men and the rights of persons with disabilities and of the elderly;

(b) to promote the effective implementation of the principles of non-discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation and the rights of persons with disabilities and of the elderly;

See Amendments 10 and 11 establishing specific objectives with regard to equality between women and men and preventing and combating violence against children, teenagers, women and other groups at risk.

Amendment 24

Proposal for a regulation

Article 4 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) to promote women's rights, gender equality and the empowerment of women and ensure that a gender equality perspective is taken into account in the definition and implementation of all the policies and activities of the Union;

Amendment   25

Proposal for a regulation

Article 4 – paragraph 1 – point b b (new)

Text proposed by the Commission

Amendment

 

(bb) to facilitate by means of quick and simple procedures litigation in the event that the principles of non-discrimination are not respected;

Amendment              26

Proposal for a regulation

Article 4 – paragraph 1 – point b c (new)

Text proposed by the Commission

Amendment

 

(bc) to prevent and combat violence in all its forms, against children, teenagers, women and other groups at risk, such as elderly people, gender-based violence and violence in close relationships and to offer assistance and protection to victims of this kind of violence to designate actions taken in relation to the specific objectives referred to in this point as 'Daphne';

Amendment              27

Proposal for a regulation

Article 4 – paragraph 1 – point b d new)

Text proposed by the Commission

Amendment

 

(bd) to protect and promote equal dignity;

Amendment              28

Proposal for a regulation

Article 4 – paragraph 1 – point b e (new)

Text proposed by the Commission

Amendment

 

(be) to prevent and combat violence and hatred based in particular on gender, race or ethnic origin, religion or personal beliefs, disability, age and gender identity, and to promote tolerance and respect for human dignity;

Amendment              29

Proposal for a regulation

Article 4 – paragraph 1 – point b f (new)

Text proposed by the Commission

Amendment

 

(bf) to promote equality between women and men in the employment market and combat discrimination in this area;

Amendment              30

Proposal for a regulation

Article 4 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) to enhance the respect of the rights of the child;

(d) to ensure that the rights of the child are respected, keeping in mind that young girls are particularly vulnerable;

Amendment  31

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

(2a) The indicators and quantitative data used to assess achievement of the objectives of this Regulation shall be broken down by gender.

Amendment              32

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) enhancing public awareness and knowledge of Union law and policies;

(a) enhancing public awareness and knowledge of Union law and policies, with a view in particular to strengthening citizens’ knowledge of their rights and empowering them to act thereupon, notably as regards equality between men and women and non-discrimination;

Amendment   33

Proposal for a regulation

Article 5 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) assistance and support for non-governmental organisations (NGOs) and other organisations working in the field of preventing and combating violence;

Amendment              34

Proposal for a regulation

Article 5 – paragraph 1 – point b b (new)

Text proposed by the Commission

Amendment

 

(bb) assisting and supporting associations and non-governmental organisations that work in particular to prevent human trafficking and to identify, protect and assist the victims of such trafficking;

Amendment              35

Proposal for a regulation

Article 5 – paragraph 1 – point b c (new)

Text proposed by the Commission

Amendment

 

(bc) supporting the associations and networks of associations, including transnational ones, that operate in the area of cooperation; promoting the exchange of information, best practices and action models in the field of psychological and legal assistance and/or financial and social support; and supporting the social reintegration of the victims of violence;

Amendment              36

Proposal for a regulation

Article 5 – paragraph 1 – point b d (new)

Text proposed by the Commission

Amendment

 

(bd) supporting associations and non-governmental organisations in the exchange of information, best practices and action models with regard to the rehabilitation and social reintegration of violent individuals, in synergy with the Justice Programme;

Amendment              37

Proposal for a regulation

Article 5 – paragraph 1 – point b e (new)

Text proposed by the Commission

Amendment

 

(be) supporting associations that offer assistance to women who are victims of work and social discrimination;

Amendment              38

Proposal for a regulation

Article 5 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) Analytical activities, such as collection of data and statistics; development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations and impact assessments; elaboration and publication of guides, reports and educational material; monitoring and assessment of the transposition and application of Union legislation and of the implementation of Union policies; workshops, seminars, experts meetings, conferences;

(a) Analytical activities, such as regular collection of comparable and disaggregated data and statistics, including the different types of violence and a wide range of abuse, from physical attacks to emotional abuse against children, teenagers, women and other groups at risk; development of common methodologies and, where appropriate, indicators or benchmarks with data and information broken down by gender; studies, researches, analyses and surveys; evaluations and impact assessments; elaboration and publication of guides, reports and educational material; monitoring and assessment of the transposition and application of Union legislation and of the implementation of Union policies; workshops, seminars, experts meetings, conferences, which shall include a global, cross-cutting gender approach;

Amendment              39

Proposal for a regulation

Article 5 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) Training activities, such as staff exchanges, workshops, seminars, train-the-trainers events, development of online/other training modules;

(b) Training activities, such as staff exchanges, workshops, seminars, train-the-trainers events, development of online/other training modules, which are designed in close cooperation with civil society organisation and experts, include a global, cross-cutting gender dimension; where relevant, these activities shall include the gender and anti-discrimination perspective and aim at preventing, combating and acknowledging gender-based violence and promoting equality between men and women;

Amendment              40

Proposal for a regulation

Article 5 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) Campaigns designed to combat gender stereotypes and the commoditisation of the image of women in the media;

Amendment   41

Proposal for a regulation

Article 5 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) Mutual learning, cooperation, awareness raising and dissemination activities, such as identification of, and exchanges on, good practices, innovative approaches and experiences, organisation of peer review and mutual learning; organisation of conferences and seminars; organisation of awareness-raising and information campaigns, media campaigns and events, including corporate communication of the political priorities of the European Union; compilation and publication of materials to disseminate information as well as results of the Programme; development, operation and maintenance of systems and tools using information and communication technologies;

(c) Mutual learning, cooperation, awareness raising and dissemination activities, such as identification of, and exchanges on, good practices, innovative approaches and experiences, organisation of peer review and mutual learning; organisation of conferences and seminars; organisation of awareness-raising and information campaigns, media campaigns and events aimed at specific audiences, including campaigns in the field of preventing and combating violence and corporate communication of the political priorities of the European Union; compilation and publication of materials to disseminate information as well as results of the Programme; development, operation and maintenance of systems and tools using information and communication technologies; care should be taken to ensure that these activities include a global, cross-cutting gender approach which focuses on promoting equality between men and women, non-discrimination and the empowerment of women;

Amendment              42

Proposal for a regulation

Article 5 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) Support for main actors, such as support for Member States when implementing Union law and policies; support for key European level networks whose activities are linked to the implementation of the objectives of the Programme; networking among specialised bodies and organisations, national, regional and local authorities at European level; funding of experts’ networks; funding of European level observatories.

(d) Support for main actors, such as support for Member States when implementing Union law and policies; support for key European level networks whose activities are linked to the implementation of the objectives of the Programme; support with action grants and operating grants for NGOs or other organisations pursuing the objectives of the Programme, in particular those of combating violence against children and women; networking among specialised bodies and organisations, national, regional and local authorities at European level; funding of experts' networks; the establishment and implementation of support programmes for victims and groups at risk in the field of preventing and combating violence; funding of European level observatories.

Amendment              43

Proposal for a regulation

Article 5 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) Actions specifically designed to promote the principles of gender equality and non-discrimination, and effective measures to combat violence against women in all its forms.

Amendment              44

Proposal for a regulation

Article 7 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

(1a) In order to ensure continuity of the objectives and actions pursued through the Programme, the annual levels of financing for each area shall not differ substantially, unless there are objective reasons, which shall be duly documented and communicated well in advance.

Amendment              45

Proposal for a regulation

Article 7 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

(2a) A comparable or higher level of financial support shall be ensured for each of the objectives of this Regulation, taking into account the level of financing provided for in the framework of the programmes referred to in Article 13 for the period 2007 to 2013. Through the allocation of funds to those areas in annual working programmes, the Commission shall take into consideration the Union's priorities and the need to maintain appropriate and fair levels of funding for all the areas targeted in Article 4(1).

Amendment              46

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. In order to implement the Programme, the Commission shall adopt annual work programmes in the form of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 9(2).

2. In order to implement the Programme, the Commission shall adopt annual work programmes in relation to the specific objectives referred to in Article 4(1) and the actions referred to in Article 5 in the form of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 9(2).

Justification

The proposed regulation does not include information on how the funding will be allocated to the different priorities and actions across the year and it does not provide guarantees that the levels of funding for the specific objectives of the programme will be predictable each year. Promoting equality of all, implementing the principle of non-discrimination, promoting equality between women and men and combating violence against women, children and other vulnerable persons require sustainable and predictable funding every year. In addition, European Networks working on those topics require sustainable and predictable funding to be able to continue their work with their members in an effective manner. The legal text of the Programme must provide some indication that funding for activities in these fields will be available every year.

Amendment              47

Proposal for a regulation

Article 8 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

(3a) Appropriate and fair distribution of financial support between different areas covered by this Regulation shall be ensured, while taking into account the level of funding allocated to the programmes referred to in Article 13 for the period 2007 to 2013. When deciding on the allocation of funds to those areas in its annual work programmes, the Commission shall take into consideration the need to increase funding for the specific objectives referred to in Article 4(1).

Amendment   48

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall monitor the Programme regularly in order to follow the implementation of actions carried out under it in the areas of actions referred to in Article 5(1) and the achievement of the specific objectives referred to in Article 4. The monitoring shall also provide a means of assessing the way in which gender equality and anti-discrimination issues have been addressed across the programme’s actions. Where relevant, indicators should be disaggregated by sex, age and disability.

1. The Commission shall monitor the Programme regularly in order to follow the implementation of actions carried out under it in the areas of actions referred to in Article 5(1) and the achievement of the specific objectives referred to in Article 4. The monitoring shall also provide a means of assessing the way in which gender equality, combating and protecting against violence and anti-discrimination issues have been addressed across the programme’s actions. Indicators should be disaggregated by sex, age and disability.

Amendment              49

Proposal for a regulation

Article 12 – paragraph 3

Text proposed by the Commission

Amendment

3. The interim evaluation shall report on the achievement of the Programme's objectives, the efficiency of the use of resources and the Programme's European added value with a view to determining whether funding in areas covered by the Programme shall be renewed, modified or suspended after 2020. It shall also address the scope for any simplification of the Programme, its internal and external coherence, as well as the continued relevance of all objectives and actions. It shall take into account the results of the ex-post evaluations of the programmes mentioned in Article 13.

3. The interim evaluation shall report on the achievement of the Programme's objectives, the efficiency of the use of resources and the Programme's European added value with a view to determining whether funding in areas covered by the Programme shall be renewed, modified or suspended after 2020. It shall also address the scope for any simplification of the Programme, its internal and external coherence, as well as the continued relevance of all objectives and actions. It shall take into account the results of the ex-post evaluations of the programmes mentioned in Article 13. In its interim evaluation, the Commission shall, in particular, report on grants for operational costs when funding main actors, key European level networks, experts' networks or European level observatories.

Amendment              50

Proposal for a regulation

Article 12 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

(4a) The assessment of the achievement of the general and specific objectives referred to in Article 3 and Article 4(1) shall be based on measurable, gender-disaggregated performance indicators. The European added value in terms of achieving the overarching priority of gender equality and combating violence against women shall be a leading benchmark.

Amendment              51

Proposal for a regulation

Article 12 – paragraph 4 ab (new)

Text proposed by the Commission

Amendment

 

(4b) Care shall be taken to include a global, cross-cutting gender approach in the interim evaluation report and the ex-post evaluation report and to base the evaluation’s conclusions on indicators and data that are broken down by gender and gender specific.

PROCEDURE

Title

Establishing the Rights and Citizenship Programme 2014 - 2020

References

COM(2011)0758 – C7-0438/2011 – 2011/0344(COD)

Committee responsible

       Date announced in plenary

LIBE

15.12.2011

 

 

 

Opinion by

       Date announced in plenary

FEMM

15.12.2011

Associated committee(s) - date announced in plenary

24.5.2012

Rapporteur

       Date appointed

Regina Bastos

22.11.2011

Discussed in committee

10.7.2012

3.9.2012

 

 

Date adopted

19.9.2012

 

 

 

Result of final vote

+:

–:

0:

25

1

3

Members present for the final vote

Regina Bastos, Marije Cornelissen, Edite Estrela, Iratxe García Pérez, Zita Gurmai, Mikael Gustafsson, Mary Honeyball, Lívia Járóka, Teresa Jiménez-Becerril Barrio, Nicole Kiil-Nielsen, Silvana Koch-Mehrin, Rodi Kratsa-Tsagaropoulou, Astrid Lulling, Barbara Matera, Krisztina Morvai, Norica Nicolai, Joanna Senyszyn, Joanna Katarzyna Skrzydlewska, Britta Thomsen, Marina Yannakoudakis, Anna Záborská, Inês Cristina Zuber

Substitute(s) present for the final vote

Silvia Costa, Mariya Gabriel, Ana Miranda, Doris Pack, Antigoni Papadopoulou, Licia Ronzulli, Angelika Werthmann


OPINION of the Committee on Budgets (19.7.2012)

for the Committee on Civil Liberties, Justice and Home Affairs

on the proposal for a regulation of the European Parliament and of the Council establishing for the period 2014 to 2020 the Rights and Citizenship Programme

(COM(2011)0758 – C7-0438/2011 – 2011/0344(COD))

Rapporteur: Barbara Matera

SHORT JUSTIFICATION

The Commission has submitted a proposal for the Rights and Citizenship Programme for the period 2014 to 2020 as part of the forthcoming multiannual financial framework (MFF). The general objective of the programme is to contribute to the creation of an area, where the rights of persons, as enshrined in the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union, are promoted and protected.

Aiming at simplification and rationalisation, the Rights and Citizenship Programme is the successor of three current programmes: Fundamental Rights and Citizenship, Daphne III, and the sections "Antidiscrimination and Diversity" and "Gender Equality" of the Programme for Employment and Social Solidarity (PROGRESS). The Commission, following an impact assessment, has concluded that the merger of these programmes will allow for a better funding approach in the area of human rights, non-discrimination, data protection and citizenship.

The Rights and Citizenship Programme focuses on five specific objectives :

· to contribute to enhancing the exercise of rights deriving from the citizenship of the Union;

· to promote the effective implementation of the principles of non-discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, including equality between women and men and the rights of persons with disabilities and of the elderly;

· to contribute to ensuring a high level of protection of personal data;

· to enhance the respect of the rights of the child;

· to empower consumers and businesses to trade and purchase in trust within the internal market by enforcing the rights deriving from the Union consumer legislation and by supporting the freedom to conduct business in the internal market through cross-border transactions.

The Rapporteur for the opinion is concerned that, compared to the current funding period, such issues as protection of children, young people and women against all forms of violence, fight against trafficking in human beings and sexual exploitation, and gender issues and gender mainstreaming, are not explicitly addressed in the proposal for the new period, and therefore might receive insufficient attention and funding.

The Commission proposal states that the main indicators to measure the achievement of these objectives shall be, inter alia, the perception of the respect, exercise and implementation of these rights and the number of complaints. The Rapporteur for the opinion reminds that perception and a number of complaints are not ideal indicators to measure progress. They may be are influenced by a multitude of factors, many lying outside the remit of the Rights and Citizenship Programme. Also, sheer fact of decreasing complaints cannot attest the achievements of the programme.

The financial appropriations for implementing the programme over the period from 1 January 2014 to 31 December 2020 will amount to EUR 439 million (in current prices). Discounting inflation and program adjustments, the volume of funds devoted to creation of the area of justice in the European Union in future is comparable with the funding in the current MFF.

The Rights and Citizenship Programme proposed by the Commission for the period 2014-2020 should be approved with the following amendments.

AMENDMENTS

The Committee on Budgets calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendement  1

Draft legislative resolution

Paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. Points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and that it cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020;

Amendment  2

Draft legislative resolution

Paragraph 1 b (new)

Draft legislative resolution

Amendment

 

1b. Recalls its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe1; reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value; points out that even with an increase in the level of resources for the next MFF of at least 5% compared to the 2013 level only a limited contribution can be made to the achievement of the Union’s agreed objectives and commitments and the principle of Union solidarity;

 

_______________

 

1 Texts adopted, P7_TA(2011)0266.

Amendment  3

Proposal for a regulation

Citation 1 b (new)

Text proposed by the Commission

Amendment

 

Having regard to the Charter of Fundamental Rights of the European Union,

Amendment  4

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a) In its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe1, the European Parliament emphasised that promoting Union citizenship has a direct impact on the daily lives of Europeans and that it contributes to a better understanding of the opportunities provided by Union policies, as well as of their fundamental rights, enshrined in the European Charter of Fundamental Rights and the Treaties; is convinced that adequate funding in the area of citizenship must be guaranteed.

 

_______________

 

1 Texts adopted, P7_TA(2011)0266.

Amendment  5

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9a) The rationalisation and simplification of the funding structure should not result in a decrease in the level of financial resources available in the previous 2007-2013 programmes. In order to facilitate access for potential applicants, the application procedures and financial management requirements should also be simplified and administrative burdens should be removed. Calls for proposals and their supporting documents should be available in all official languages of the Union.

Justification

See Amendment 8 by Ms Göncz.

Amendment  6

Proposal for a regulation

Recital 11a (new)

Text proposed by the Commission

Amendment

 

(11a) Improving the implementation and quality of spending should constitute guiding principles for achieving the objectives of the programme while ensuring optimal use of the financial resources;

Amendment  7

Proposal for a regulation

Recital 14a (new)

Text proposed by the Commission

Amendment

 

(14a) It is important to ensure sound financial management of the programme and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the programme to all participants.

Amendment  8

Proposal for a regulation

Article 3

Text proposed by the Commission

Amendment

The general objective of the Programme shall be to contribute to the creation of an area, where the rights of persons, as enshrined in the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union, are promoted and protected.

The general objective of the Programme shall be to further develop an area, where the rights of persons, as enshrined in the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union, are promoted and protected.

Amendment  9

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. To achieve the general objective set out in Article 3, the Programme shall have the following specific objectives:

1. To achieve the general objective set out in Article 3, the Programme shall have the following specific objectives:

(a) to contribute to enhancing the exercise of rights deriving from the citizenship of the Union;

(a) to contribute to enhancing the exercise of rights deriving from the citizenship of the Union;

(b) to promote the effective implementation of the principles of non discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, including equality between women and men and the rights of persons with disabilities and of the elderly;

(b) to promote the effective implementation of the principles of non discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, including equality between women and men, and gender mainstreaming, and the rights of persons with disabilities and of the elderly;

(c) to contribute to ensuring a high level of protection of personal data;

(c) to contribute to ensuring a high level of protection of personal data;

(d) to enhance the respect of the rights of the child;

(d) to enhance the respect of the rights of the child, protection of children, young people and women against all forms of violence, fight against trafficking in human beings and sexual exploitation.

(e) to empower consumers and businesses to trade and purchase in trust within the internal market by enforcing the rights deriving from the Union consumer legislation and by supporting the freedom to conduct business in the internal market through cross-border transactions.

(e) to empower consumers and businesses to trade and purchase in trust within the internal market by enforcing the rights deriving from the Union consumer legislation and by supporting the freedom to conduct business in the internal market through cross-border transactions.

Amendment  10

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

The indicators to measure the achievement of the objectives set out in paragraph 1 shall be, inter alia, the European perception of the respect, exercise and implementation of these rights and the number of complaints.

2. The indicators to measure the achievement of the objectives set out in paragraph 1 shall be, inter alia, the European perception of the respect, exercise and implementation of these rights, improved position of Member States in internationally recognized human rights indices, and the number of successfully resolved complaints.

Amendment  11

Proposal for a regulation

Article 5 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) Mutual learning, cooperation, awareness raising and dissemination activities, such as identification of, and exchanges on, good practices, innovative approaches and experiences, organisation of peer review and mutual learning; organisation of conferences and seminars; organisation of awareness-raising and information campaigns, media campaigns and events, including corporate communication of the political priorities of the European Union; compilation and publication of materials to disseminate information as well as results of the Programme; development, operation and maintenance of systems and tools using information and communication technologies;

(c) Mutual learning, cooperation, awareness raising and dissemination activities, such as identification of, and exchanges on, good practices, innovative approaches and experiences, organisation of peer review and mutual learning; organisation of conferences and seminars; organisation of awareness-raising and information campaigns, media campaigns and events, including communication of the political priorities of the European Union; compilation and publication of materials to disseminate information as well as results of the Programme; development, operation and maintenance of systems and tools using information and communication technologies;

Justification

Corporate communication of the political priorities of the EU is already financed under EU budget title 16 "Communication".

Amendment  12

Proposal for a regulation

Article 7 - paragraph 1

Text proposed by the Commission

Amendment

1. The financial envelope for the implementation of the Programme shall be EUR 439 million.

1. Within the meaning of point [17] of the Interinstitutional Agreement of .../.... between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management, the financial envelope for the implementation of the Programme for the period from 2014 to 2020, representing the prime reference for the budgetary authority during the annual budgetary procedure, shall be EUR 439 million.

Amendment  13

Proposal for a regulation

Article 7 - paragraph 3

Text proposed by the Commission

Amendment

3. The budgetary authority shall authorise the available annual appropriations within the limits of the Multiannual Financial Framework established by Council Regulation (EU, Euratom) No XX/XX of XX laying down the multiannual financial framework for the years 2014-2020.

3. The budgetary authority shall authorise the available annual appropriations without prejudice to the provisions of the Regulation laying down the multiannual financial framework for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management.

Amendment  14

Proposal for a regulation

Article 10 - paragraph 1

Text proposed by the Commission

Amendment

1. The Commission, in cooperation with the Member States, shall ensure overall consistency and complementarity and synergies with other Union instruments, inter alia, with the Justice programme, the Europe for Citizens programme and with programmes in the areas of home affairs; employment and social affairs; health and consumer protection; education, training, youth and sport; information society; enlargement, in particular the Instrument for Pre-accession Assistance and the funds operating under the Common Strategic Framework (CSF funds).

1. The Commission, in cooperation with the Member States, shall ensure overall consistency and complementarity and synergies with other Union instruments, inter alia, with the Justice programme, the Europe for Citizens programme and with programmes in the areas of home affairs; employment and social affairs; health and consumer protection; education, training, youth and sport; information society; enlargement, in particular the Instrument for Pre-accession Assistance and the funds operating under the Common Strategic Framework (CSF funds). The Commission shall also ensure overall consistency, complementarity and synergies with the EU agencies whose mandates cover the same domains as the programme.

Amendment  15

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

2. The programme may share resources with other Union instruments, in particular the Justice programme, in order to implement actions meeting the objectives of both programmes. An action for which funding has been awarded from the Programme may also give rise to the award of funding from the Justice Programme, provided that the funding does not cover the same cost items.

2. The programme may share resources with other Union instruments, in particular the Justice programme, in order to implement actions meeting the objectives of both programmes. An action for which funding has been awarded from the Programme may also give rise to the award of funding from the Justice Programme, provided that the funding does not cover the same cost items. The double-sourcing of funds should be avoided by clearly indicating the sources of funding for each category of expenditure, in line with the principle of sound financial management.

Justification

The conditions upon which funding can be shared between the different programs are not clear. The additional problem is the dilution of funds among various small-scale projects.

PROCEDURE

Title

Establishing the Rights and Citizenship Programme 2014 - 2020

References

COM(2011)0758 – C7-0438/2011 – 2011/0344(COD)

Committee responsible

       Date announced in plenary

LIBE

15.12.2011

 

 

 

Opinion by

       Date announced in plenary

BUDG

15.12.2011

Rapporteur

       Date appointed

Barbara Matera

6.2.2012

Date adopted

12.7.2012

 

 

 

Result of final vote

+:

–:

0:

28

3

2

Members present for the final vote

Marta Andreasen, Richard Ashworth, Jean Louis Cottigny, Jean-Luc Dehaene, Isabelle Durant, James Elles, Göran Färm, José Manuel Fernandes, Eider Gardiazábal Rubial, Salvador Garriga Polledo, Lucas Hartong, Jutta Haug, Monika Hohlmeier, Anne E. Jensen, Jan Kozłowski, Alain Lamassoure, Giovanni La Via, Barbara Matera, Claudio Morganti, Juan Andrés Naranjo Escobar, Nadezhda Neynsky, Dominique Riquet, Alda Sousa, Helga Trüpel

Substitute(s) present for the final vote

Alexander Alvaro, Bendt Bendtsen, Frédéric Daerden, Gerben-Jan Gerbrandy, Lidia Joanna Geringer de Oedenberg, Jutta Steinruck, Theodor Dumitru Stolojan, Nils Torvalds

Substitute(s) under Rule 187(2) present for the final vote

Leonardo Domenici


OPINION of the Committee on Legal Affairs (18.9.2012)

for the Committee on Civil Liberties, Justice and Home Affairs

on the proposal for a regulation of the European Parliament and of the Council establishing for the period 2014 to 2020 the Rights and Citizenship Programme

(COM(2011)0758 – C7-0438/2011 – 2011/0344(COD))

Rapporteur: Klaus-Heiner Lehne

SHORT JUSTIFICATION

The 2014-2020 Rights and Citizenship Programme aims to give effect to the goals of the Stockholm Programme by promoting and protecting the rights of citizens conferred by the European Treaties and the Charter of Fundamental Rights.

Many of the problems reported by citizens when exercising their right to free movement are caused by the fact that they, or the public bodies they are dealing with, are not sufficiently aware of the existence or extent of their rights under the Treaties. The overarching objective of this programme is to remedy that.

This programme will be the successor of the current Fundamental Rights and Citizenship, Daphne III and (in part) Progress Programmes. The new omnibus programme will merge the objectives of the current programmes in order to allow for greater flexibility in deciding on the distribution of funds between specific projects.

The Committee on Legal Affairs believes that this will allow the European Union to continue promoting access to rights and hopes that a new single programme in this area will create synergies and have a greater impact.

This programme will be complementary to the related Justice Programme 2014-2020, which the Committee on Legal Affairs is co-responsible for, together with the Committee on Civil Liberties, Justice and Home Affairs.

Having regard to the legal bases used, the funds from the programme will concern the fields of the fight against discrimination (Article 19(2) TFEU), the right to free movement (Article 21(2) TFEU), the internal market (Article 114 TFEU), public health (Article 168 TFEU), consumer protection (Article 169 TFEU) and administrative support for Member States, including the exchange of information and training (Article 197 TFEU).

The committee considers that the general (Article 3) and specific (Article 4) objectives, and the areas of action (Article 5), set out in the proposal are largely satisfactory and therefore suggests broad support in favour of the programme.

However, the committee proposes some minor changes to the provisions of the draft regulation, mainly in order to ensure that the details of the programme are sufficiently precise.

Furthermore, the committee considers that the use of delegated acts would be more appropriate for the adoption of the annual work programmes.

AMENDMENTS

The Committee on Legal Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following amendments into its report:

Amendment  1

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

Implementing powers should be conferred on the Commission in respect of the adoption of annual work programmes. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011, laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers. Given the annual amounts concerned, the budgetary implications can be considered as non-substantial. Therefore, the advisory procedure should apply.

In order to operate the Programme, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the adoption of annual work programmes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Justification

The purpose of this amendment and of Amendments 6 to 15 is to stipulate that annual work programmes should take the shape of delegated acts.

Amendment  2

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. The indicators to measure the achievement of the objectives set out in paragraph 1 shall be, inter alia, the European perception of the respect, exercise and implementation of these rights and the number of complaints.

2. The indicators to measure the achievement of the objectives set out in paragraph 1 shall be, inter alia, the number and percentage of citizens reached by awareness-raising activities funded by the Programme, qualitative data collected at national and European level on the degree of awareness of citizens of their rights under Union law, and the European perception of the respect, exercise and implementation of these rights and the number of complaints.

Justification

The purpose of this amendment is to ensure that the indicators used to evaluate the programme are sufficiently precise.

Amendment  3

Proposal for a regulation

Article 5 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) Mutual learning, cooperation, awareness raising and dissemination activities, such as identification of, and exchanges on, good practices, innovative approaches and experiences, organisation of peer review and mutual learning; organisation of conferences and seminars; organisation of awareness-raising and information campaigns, media campaigns and events, including corporate communication of the political priorities of the European Union; compilation and publication of materials to disseminate information as well as results of the Programme; development, operation and maintenance of systems and tools using information and communication technologies;

(c) Mutual learning, cooperation, coordination mechanisms for cross-border cooperation, awareness raising and dissemination activities, such as identification of, and exchanges on, good practices, innovative approaches and experiences, organisation of peer review and mutual learning; organisation of conferences and seminars; organisation of awareness-raising and information campaigns, media campaigns and events, including corporate communication of the legislation and political priorities of the European Union; compilation and publication of materials to disseminate information as well as results of the Programme; development, operation and maintenance of systems and tools using information and communication technologies, including the cross-border interoperability of the existing systems and applications in the Member States;

Justification

The committee considers that the draft text does not pay sufficient attention to cross-border problems.

Amendment  4

Proposal for a regulation

Article 5 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) Support for main actors, such as support for Member States when implementing Union law and policies; support for key European level networks whose activities are linked to the implementation of the objectives of the Programme; networking among specialised bodies and organisations, national, regional and local authorities at European level; funding of experts' networks; funding of European level observatories.

(d) Support for main actors, such as support for Member States when implementing and applying Union law and policies; support for key European level networks, whose activities are linked to the implementation of the objectives of the Programme; networking among specialised bodies and organisations, national, regional and local authorities at European level; improving the coordination of existing networks; funding of experts' networks; funding of European level observatories.

Justification

The committee considers that the measures under the programme should also be aimed at improving coordination.

Amendment  5

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

2. Public and/or private bodies and entities legally established in other third countries, notably countries where the European Neighbourhood Policy applies, may be associated to actions of the Programme, if this serves the purpose of these actions.

2. Public and/or private bodies and entities legally established in other third countries, notably countries where the European Neighbourhood Policy applies, may be associated to actions of the Programme, if this serves the purpose of those actions and if those actions are co-financed by the third country concerned.

Justification

The committee considers that programmes taking place in countries concerned by the European Neighbourhood Policy should be subject to the requirement that they be co-financed by the third country in question.

Amendment  6

Proposal for a regulation

Article 8 – title

Text proposed by the Commission

Amendment

Implementing measures

Annual work programmes

Amendment  7

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall implement the Union financial support in accordance with the Regulation (EU, Euratom) No XX/XX of XX on the financial rules applicable to the annual budget of the European Union.

The Commission shall be empowered to adopt delegated acts in accordance with Article 9 concerning the adoption of annual work programmes.

Amendment  8

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. In order to implement the Programme, the Commission shall adopt annual work programmes in the form of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 9(2).

deleted

Amendment  9

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3. The annual work programmes shall set out the measures needed for their implementation, the priorities of calls for proposals and all other elements required by Regulation (EU, Euratom) No XX/XX of XX on the financial rules applicable to the annual budget of the European Union.

deleted

Amendment  10

Proposal for a regulation

Article 9 – title

Text proposed by the Commission

Amendment

Committee procedure

Exercise of the delegation

Amendment  11

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

Amendment  12

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

2. The power to adopt delegated acts referred to in Article 8 shall be conferred on the Commission from [the date of entry into force of this Regulation] until 31 December 2020.

Amendment  13

Proposal for a regulation

Article 9 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. The delegation of power referred to in Article 8 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment  14

Proposal for a regulation

Article 9 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

2b. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Amendment  15

Proposal for a regulation

Article 9 – paragraph 2 c (new)

Text proposed by the Commission

Amendment

2c. A delegated act adopted pursuant to Article 8 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

PROCEDURE

Title

Establishing the Rights and Citizenship Programme 2014 - 2020

References

COM(2011)0758 – C7-0438/2011 – 2011/0344(COD)

Committee responsible

       Date announced in plenary

LIBE

15.12.2011

 

 

 

Opinion by

       Date announced in plenary

JURI

15.12.2011

Rapporteur

       Date appointed

Klaus-Heiner Lehne

26.6.2012

Discussed in committee

10.7.2012

 

 

 

Date adopted

18.9.2012

 

 

 

Result of final vote

+:

–:

0:

25

0

0

Members present for the final vote

Raffaele Baldassarre, Luigi Berlinguer, Sebastian Valentin Bodu, Françoise Castex, Christian Engström, Marielle Gallo, Giuseppe Gargani, Lidia Joanna Geringer de Oedenberg, Sajjad Karim, Klaus-Heiner Lehne, Antonio Masip Hidalgo, Jiří Maštálka, Alajos Mészáros, Bernhard Rapkay, Evelyn Regner, Francesco Enrico Speroni, Dimitar Stoyanov, Rebecca Taylor, Alexandra Thein, Rainer Wieland, Cecilia Wikström, Tadeusz Zwiefka

Substitute(s) present for the final vote

Piotr Borys, Eva Lichtenberger, Angelika Niebler, Dagmar Roth-Behrendt, József Szájer

Substitute(s) under Rule 187(2) present for the final vote

Jacek Włosowicz


OPINION of the Committee on Petitions (16.7.2012)

for the Committee on Civil Liberties, Justice and Home Affairs

on the proposal for a regulation of the European Parliament and of the Council establishing for the period 2014 to 2020 the Rights and Citizenship Programme

(COM(2011)0758 – C7-0438/2011 – 2011/0344(COD))

Rapporteur: Adina-Ioana Vălean

SHORT JUSTIFICATION

The Rights and Citizenship Programme 2014-2020 is the successor of three previous programmes: Fundamental Rights and Citizenship, Daphne III, the Sections "Antidiscrimination and Diversity" and "Gender Equality" of the Programme for Employment and Social Solidarity (PROGRESS).

The Programme is expected to promote the rights attached to European citizenship, the principles of non-discrimination, equality between women and men, the right to the protection of personal data, the rights of the child, the rights deriving from the Union consumer legislation.

The Committee on Petitions receives a considerable number of petitions in relation to the objectives covered by the Programme. Some petitioners and organizations highlight the importance of funding and raise concerns about the difficulty to access the funds. Therefore, a judicious, accessible and transparent allocation of funds is needed. Funding should be made available not only to "key European level networks", but also to national projects submitted by small non governmental organisations.

The rapporteur asks for a better recognition of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). The Convention is the first international human rights instrument that the EU adhered to. Numerous petitions bear witness to the difficulties encountered by people with disabilities and to the fact that they do not enjoy the fundamental freedoms and rights laid out in the Convention. The Committee on petitions is one of the actors involved in the establishment of a framework for the implementation of the Convention, pursuant to article 33.2 and has the role of protecting the rights of people with disabilities.

Specific reference should be made to the Charter of Fundamental Rights of the European Union. The areas of racism and xenophobia, gender mainstreaming and the prevention of violence against women, children and young people should be added as specific objectives of the Programme.

AMENDMENTS

The Committee on Petitions calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a regulation

Citation 1

Text proposed by the Commission

Amendment

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 19(2), 21(2), 114, 168, 169 and 197 thereof,

Having regard to the Treaty on European Union, in particular Articles 2, 3 and 9 thereof, and the Treaty on the Functioning of the European Union, and in particular Articles 8, 10, 19(2), 21(2), 114, 168, 169 and 197 thereof,

Amendment  2

Proposal for a regulation

Citation 1 a (new)

Text proposed by the Commission

Amendment

Having regard to the Charter of Fundamental Rights of the European Union,

Amendment  3

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The European Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, principles which are common to the Member States. Every citizen of the Union has the rights provided for in the Treaty. The Charter of Fundamental Rights of the European Union, which with the entry into force of the Lisbon Treaty became legally binding across the Union, reflects the fundamental rights and freedoms to which persons are entitled in the Union. Those rights should be promoted and respected if they are to become a reality. The full enjoyment of those rights should be guaranteed and any obstacles should be dismantled.

(1) The European Union is founded on the principles of respect for human dignity, liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, principles which are common to the Member States. Every citizen of the Union has the rights provided for in the Treaty. The Charter of Fundamental Rights of the European Union, which with the entry into force of the Lisbon Treaty became legally binding across the Union, reflects the fundamental rights and freedoms to which persons are entitled in the Union. Those rights should be properly publicised, promoted and respected if they are to become a reality. The full enjoyment of those rights should be guaranteed and any obstacles should be dismantled.

Amendment              4

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a) As stated in the preamble to the Charter of Fundamental Rights of the European Union, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity, which are fundamentally important to the exercise of citizenship.

Amendment  5

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) Citizens should be able to exercise fully the rights deriving from the citizenship of the Union. They should be able to exercise their right to move and reside freely in the Union, their right to vote for and stand as a candidate in European Parliament and municipal elections, their right to consular protection and their right to petition the European Parliament. They should feel at ease about living, travelling and working in another Member State, trusting that their rights are protected, no matter where in the Union they happen to be.

(3) EU Citizens should be able to exercise fully the rights deriving from the citizenship of the Union and from international Conventions ratified by the European Union, such as the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). They should be able to exercise their right to move and reside freely in the Union, their right to vote for and stand as a candidate in European Parliament and municipal elections in the country in which they reside, their right to consular protection and their right to petition the European Parliament in any of the Treaty languages. They should feel at ease about living, travelling, studying and working in another Member State, trusting that their rights are protected, no matter where in the Union they happen to be.

Amendment  6

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a) Citizens and civil society organisations should be made more aware of their basic political rights and encouraged to exercise them more frequently so as to assert their interests in the Union. Encouraging citizens to take a more active role in democracy at EU level will strengthen European civil society and foster the development of a European public.

Amendment  7

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) Citizens and businesses should also benefit fully from the internal market. Consumers should be able to enjoy the rights deriving from the consumer legislation and businesses should be supported to exercise the freedom to conduct business in the internal market. The development of contract and consumer legislative instruments provides practical solutions for businesses and consumers to address cross-border problems, aiming to offer them more choices and to make it less costly for them to conclude contracts with partners in another Member State, while providing a high level of consumer protection.

(4) EU Citizens and businesses should also benefit fully from the internal market. Consumers should be able to enjoy the rights deriving from the consumer legislation and businesses should be supported to exercise the freedom to conduct business in the internal market. The development of contract and consumer legislative instruments provides practical solutions for businesses and consumers to address cross-border problems, aiming to offer them more choices and to make it less costly for them to conclude contracts with partners in another Member State, while providing a high level of consumer protection.

Amendment  8

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) Non-discrimination based on sex, racial or ethnic origin religion or belief, disability, age or sexual orientation and equality between women and men are values common to the Member States. Combating all forms of discrimination is an ongoing goal which requires coordinated action, including by the allocation of funding.

(5) Non-discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, tolerance, solidarity and equality between women and men are values common to the Member States. Combating all forms of discrimination is an ongoing goal which requires coordinated action, including by the allocation of funding.

Amendment  9

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Violence against women in all its forms constitutes a violation of fundamental rights and a serious health scourge. Such violence is present throughout the Union and coordinated action is necessary in order to address it. Taking action to combat violence against women contributes to the promotion of equality between women and men.

(7) Violence against women in all its forms constitutes a violation of fundamental rights and a serious health scourge. Such violence is present throughout the Union and coordinated action is necessary in order to address it. Taking action to prevent and combat violence against women contributes to the promotion of equality between women and men.

Amendment  10

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) The Treaty requires the Union to promote the protection of the rights of the child pursuant to Article 3(3) of the Treaty on European Union, while combating discrimination. Children are vulnerable, in particular in a situation of poverty, social exclusion, disability or specific situations putting them at risk. Action should be taken to promote the rights of the child and contribute to the protection of children from harm and violence, which pose a danger to their physical or mental health.

(8) The Treaty requires the Union to promote the protection of the rights of the child pursuant to Article 3(3) of the Treaty on European Union, while combating discrimination. Children are vulnerable, in particular in a situation of poverty, social exclusion, disability or specific situations putting them at risk. Action should be taken to promote and defend the rights of the child and contribute to the protection of children from harm, violence and any violation of their personal integrity, which pose a danger to their physical or mental health, and which, owing to rapid developments in modern communications technology, have become more varied and harder to pinpoint.

Amendment  11

Proposal for a regulation

Recital 8 a (new)

Text proposed by the Commission

Amendment

 

(8a) Not least in the light of current demographic trends, efforts should be made to combat all forms of age discrimination, whether against the young or the old. The best way to combat discrimination of this kind, which deprives our society of a significant source of social, economic and intellectual human capital, would be through measures promoting long-term solidarity between generations, as the Union is required to do under Article 3(3) of the Treaty on European Union.

Amendment  12

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

Supporting and promoting the rights of persons within the Union, tackling discrimination and inequalities and promoting citizenship contribute to the promotion of the specific objectives and flagship initiatives of the Europe 2020 Strategy.

Supporting and promoting the rights of persons within the Union, tackling discrimination and inequalities and promoting Union citizenship contribute to the promotion of the specific objectives and flagship initiatives of the Europe 2020 Strategy.

Amendment  13

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) The Commission Communications ‘The EU Budget Review’12 and ‘A budget for Europe 2020’ underline the importance of focusing funding on actions with clear European added value, i.e. where the Union intervention can bring additional value compared to action of Member States alone. Actions covered by this Regulation should contribute to the development of mutual trust between Member States, increasing cross-border cooperation and networking and achieving correct, coherent and consistent application of Union law. Funding activities should also contribute to achieving effective and better knowledge of Union law and policies by all those concerned and provide a sound analytical basis for the support and the development of Union legislation and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the European Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning.

(13) The Commission Communications ‘The EU Budget Review’12 and ‘A budget for Europe 2020’ underline the importance of focusing funding on actions with clear European added value, i.e. where the Union intervention can bring additional value compared to action of Member States alone. Actions covered by this Regulation should contribute to the development of mutual trust between Member States, increasing cross-border cooperation and networking and achieving correct, coherent and consistent application of Union law. Funding activities should also contribute to achieving effective and better knowledge of Union law and policies by all those concerned and provide a sound analytical basis for the support and the development of Union legislation and policies, as well as for their enforcement and proper implementation. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the European Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning.

Amendment  14

Proposal for a regulation

Article 3

Text proposed by the Commission

Amendment

The general objective of the Programme shall be to contribute to the creation of an area, where the rights of persons, as enshrined in the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union, are promoted and protected.

The general objective of the Programme shall be to contribute to the creation of an area, where the rights of persons, as enshrined in the Treaty on the Functioning of the European Union, the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, are fully respected, promoted and protected.

Amendment  15

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission

Amendment

a) to contribute to enhancing the exercise of rights deriving from the citizenship of the Union;

a) to contribute to improving knowledge and raising awareness of rights deriving from the citizenship of the Union and the promotion of active citizenship; encouraging people to exercise them more frequently;

Amendment  16

Proposal for a regulation

Article 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. to focus on better and adequately funded communication both at European, national and local level.

Amendment  17

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) to promote the effective implementation of the principles of non discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, including equality between women and men and the rights of persons with disabilities and of the elderly;

(b) to promote the effective implementation of the principles of non discrimination on the grounds of sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation, including equality between women and men and the rights of persons with disabilities and of the elderly and to combat the aforementioned discriminations;

Amendment  18

Proposal for a regulation

Article 4 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) to promote gender mainstreaming in all its activities;

Amendment  19

Proposal for a regulation

Article 4 – paragraph 1 – point b b (new)

Text proposed by the Commission

Amendment

(bb) to prevent and combat violence against women, children and young people, as well as to provide support for victims and groups at risk;

Amendment  20

Proposal for a regulation

Article 4 – paragraph 1 – point b c (new)

Text proposed by the Commission

Amendment

(bc) to combat racism, xenophobia and similar forms of intolerance;

Amendment  21

Proposal for a regulation

Article 4 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) To prevent and combat violence against women, children and young people as well as all hate crime and violence and to provide support for victims and groups at risk

Amendment  22

Proposal for a regulation

Article 4 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b. to identify and eliminate obstacles and barriers restricting access by the disabled to benefit from EU citizens rights.

Amendment  23

Proposal for a regulation

Article 4 – paragraph 1 – point e а (new)

Text proposed by the Commission

Amendment

 

(ea) to facilitate equal rights for workers from all Member States to compete on and access the EU labour market, on the basis of the principles of equality, non-discrimination, solidarity and freedom of movement within the EU for all EU citizens.

Amendment  24

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. The indicators to measure the achievement of the objectives set out in paragraph 1 shall be, inter alia, the European perception of the respect, exercise and implementation of these rights and the number of complaints.

2. The indicators to measure the achievement of the objectives set out in paragraph 1 shall be, inter alia, the European perception of the respect, exercise and implementation of these rights, as well as the number and subjects of complaints and petitions regarding failures in their protection.

Amendment  25

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) enhancing public awareness and knowledge of Union law and policies;

(a) enhancing public awareness and knowledge of Union law and policies, including at the level of local communities and of the citizens;

Amendment  26

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) supporting the implementation of Union law and policies in the Member States;

(b) supporting the implementation of Union law and policies in the Member State and promoting, in particular through support to civil society organisations, the implementation and enforcement of fundamental rights within the scope of EU law;

Amendment  27

Proposal for a regulation

Article 5 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) promoting transnational cooperation and building up of mutual knowledge and mutual trust among all involved stakeholders;

(c) promoting transnational cooperation and building up of mutual knowledge and mutual trust among all involved stakeholders, including at regional and local level;

Amendment  28

Proposal for a regulation

Article 5 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) Mutual learning, cooperation, awareness raising and dissemination activities, such as identification of, and exchanges on, good practices, innovative approaches and experiences, organisation of peer review and mutual learning; organisation of conferences and seminars; organisation of awareness-raising and information campaigns, media campaigns and events, including corporate communication of the political priorities of the European Union; compilation and publication of materials to disseminate information as well as results of the Programme; development, operation and maintenance of systems and tools using information and communication technologies;

(c) Mutual learning, cooperation, awareness raising and dissemination activities, such as identification of, and exchanges on, good practices, innovative approaches and experiences, organisation of peer review and mutual learning; organisation of conferences and seminars; organisation of awareness-raising and information campaigns, media campaigns and events, including corporate communication of the political priorities of the European Union, particularly in the form of cooperation with public media organisations; compilation and publication of materials to disseminate information as well as results of the Programme; development, operation and maintenance of systems and tools using information and communication technologies as well as an Internet presence, including relevant websites, platforms, blogs or the use of Web 2.0;

Amendment  29

Proposal for a regulation

Article 5 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) Support for main actors, such as support for Member States when implementing Union law and policies; support for key European level networks whose activities are linked to the implementation of the objectives of the Programme; networking among specialised bodies and organisations, national, regional and local authorities at European level; funding of experts' networks; funding of European level observatories.

(d) Support for main actors, such as support for Member States when implementing Union law and policies; support for key European level networks whose activities are linked to the implementation of the objectives of the Programme; support for non- governmental organisations carrying out activities in the fields covered by the Programme; networking among specialised bodies and organisations, national, regional and local authorities at European level; funding of experts' networks; funding of European level observatories.

Amendment  30

Proposal for a regulation

Article 7 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Each specific objective of the Programme shall receive a balanced and fair annual allocation of funds and must ensure enough money to cover all objectives for every year of the Programme. An indicative breakdown of funding shall be made available for each specific objective.

Amendment  31

Proposal for a regulation

Article 7 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2b. Non governmental organisations who receive funding to carry out activities covered by the objectives of the Programme must be given an indication of the continuity and predictability of the annual allocation of funds they will receive from one year to another, for the specific project.

PROCEDURE

Title

Establishing the Rights and Citizenship Programme 2014 - 2020

References

COM(2011)0758 – C7-0438/2011 – 2011/0344(COD)

Committee responsible

       Date announced in plenary

LIBE

15.12.2011

 

 

 

Opinion by

       Date announced in plenary

PETI

15.12.2011

Rapporteur

       Date appointed

Adina-Ioana Vălean

12.1.2012

Discussed in committee

24.4.2012

 

 

 

Date adopted

12.7.2012

 

 

 

Result of final vote

+:

–:

0:

21

0

0

Members present for the final vote

Margrete Auken, Victor Boştinaru, Philippe Boulland, Giles Chichester, Nikolaos Chountis, Iliana Malinova Iotova, Carlos José Iturgaiz Angulo, Lena Kolarska-Bobińska, Erminia Mazzoni, Willy Meyer, Chrysoula Paliadeli, Nikolaos Salavrakos, Jarosław Leszek Wałęsa, Rainer Wieland

Substitute(s) present for the final vote

Zoltán Bagó, Birgit Collin-Langen, Axel Voss

Substitute(s) under Rule 187(2) present for the final vote

Ioan Enciu, Petru Constantin Luhan, Franck Proust, Renate Sommer, Hermann Winkler


PROCEDURE

Title

Establishing the Rights, Equality and Citizenship Programme for the period 2014 to 2020

References

COM(2011)0758 – C7-0438/2011 – 2011/0344(COD)

Date submitted to Parliament

15.11.2011

 

 

 

Committee responsible

       Date announced in plenary

LIBE

15.12.2011

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

BUDG

15.12.2011

EMPL

15.12.2011

IMCO

15.12.2011

JURI

15.12.2011

 

FEMM

15.12.2011

PETI

15.12.2011

 

 

Not delivering opinions

       Date of decision

IMCO

29.2.2012

 

 

 

Associated committee(s)

       Date announced in plenary

FEMM

24.5.2012

EMPL

24.5.2012

 

 

Rapporteur(s)

       Date appointed

Kinga Göncz

9.2.2012

 

 

 

Discussed in committee

28.2.2012

21.6.2012

19.9.2012

7.11.2013

Date adopted

7.11.2013

 

 

 

Result of final vote

+:

–:

0:

26

2

0

Members present for the final vote

Jan Philipp Albrecht, Edit Bauer, Mario Borghezio, Rita Borsellino, Arkadiusz Tomasz Bratkowski, Salvatore Caronna, Ioan Enciu, Kinga Göncz, Nathalie Griesbeck, Monica Luisa Macovei, Nuno Melo, Claude Moraes, Judith Sargentini, Birgit Sippel, Csaba Sógor, Rui Tavares, Wim van de Camp, Josef Weidenholzer, Tatjana Ždanoka, Auke Zijlstra

Substitute(s) present for the final vote

Michael Cashman, Mariya Gabriel, Davor Ivo Stier

Substitute(s) under Rule 187(2) present for the final vote

Zoltán Bagó, Luigi Berlinguer, Liisa Jaakonsaari, Vytautas Landsbergis, Olle Ludvigsson

Date tabled

19.11.2013

Last updated: 28 November 2013Legal notice