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jeudi 23 avril 2026 après-midi

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Ouverture de la séance n° 17

Débat selon la procédure d'urgence : Demande d'avis sur le projet de protocole additionnel à la Convention du Conseil de l’Europe relative au blanchiment, au dépistage, à la saisie et à la confiscation des produits du crime et au financement du terrorisme

Mme Mariia MEZENTSEVA-FEDORENKO

Ukraine, PPE/DC, Présidente de l'Assemblée

15:32:30

Dear colleagues, the sitting is open.

I remind members that in order to be registered for the sitting, you should insert your badge when you take your seat and keep it inserted for at least 30 seconds. You should also insert your badge in order to speak or vote.

To request the floor, please press the "request" button, just once. I also remind the Assembly that members who have not submitted an annual declaration of interests are required to start any intervention with an oral declaration of interest under paragraph 20 of the Code of Conduct for Members of the Parliamentary Assembly. So if you haven't done so, please follow the rules.

The first item of business this afternoon is a debate under urgent procedure on the report by Mr Constantinos EFSTATHIOU, the Rapporteur, entitled "Request for opinion on the draft additional protocol to the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism" (Document 16385).

As the Rapporteur is not unfortunately present with us here, this debate will be presented by our colleague, Mr Gustaf GÖTHBERG, the Vice-Chairperson of the Committee on Legal Affairs and Human Rights.

I now call Mr Gustaf GÖTHBERG. You have 7 minutes, sir. And 3 minutes to reply at the end of the debate. Please.

M. Gustaf GÖTHBERG

Suède, PPE/DC, Vice-Président de la Commission des questions juridiques et des droits de l'homme

15:34:14

Thank you, Madam President,

Dear colleagues,

The rapporteur, Mr Constantinos EFSTATHIOU, could not be with us today to present his opinion on the additional protocol to the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, known as the Warsaw Convention.

I have the pleasure to speak on his behalf and allow me to express my gratitude for his work on this report.

The draft additional protocol is a response to complex and pressing challenges posed by evolving patterns of organised crime, money laundering, and the financing of terrorism, all exacerbated by technological innovation and international financial flows. I congratulate the European Committee on Crime Problems and the Committee of Experts on Criminal Asset Recovery for designing this protocol.

The Assembly’s work in this domain stretches back decades.

In 1995, we identified the profound threat posed by drug trafficking and addressed the necessity of enhanced cross-border intelligence, robust due diligence in the financial sector, and the creation of specialised law enforcement units to trace illicit profits. We have since extended these priorities through a series of resolutions.

In 2018, we called precisely for the introduction of non-conviction-based confiscation across Europe and affirmed the compatibility of such mechanisms with human rights and rule of law standards, provided they remained under strict judicial scrutiny. Our recommendations have also included reversing the burden of proof in cases involving unexplained wealth, enhancing the operational independence and technological capacity of Financial Intelligence Units, and encouraging partnerships that support effective information exchanges.

In recent years, the Parliamentary Assembly of the Council of Europe has emphasised the need for the social repurposing of confiscated assets, urging their redirection toward victim compensation and community enrichment. Only yesterday, the Assembly adopted a resolution on tracking the proceeds of the crime denounced by Mr Sergei MAGNITSKY and holding its perpetrators accountable, again expressing its support for the reversal of the burden of proof and related mechanisms, as the most effective response to increasingly sophisticated money laundering schemes.

Yet, significant gaps remain in theses areas. Current recovery measures are inadequate; globally, only about 2% of estimated criminal proceeds are confiscated. Several member states and the European Union have not ratified the Warsaw Convention. The opinion before you calls on these states and the European Union to ratify the Warsaw Convention as soon as possible.

The draft protocol is a genuine added value to asset recovery standards. It mandates that parties enact legislation to empower courts to confiscate property without a conviction, when its provenance is established as criminal. Asset recovery and management offices are to be formally established, ensuring early cross-border tracing and responsible handling of seized property. Financial Intelligence Units receive extended powers to suspend suspicious transactions and freeze accounts, a vital enhancement for preserving assets in real time. Victim compensation is established as a priority, so proceeds from confiscated assets redress actual losses and restore confidence. In the area of cooperation, the protocol streamlines procedures for information exchange, joint investigation teams, and asset tracing across borders, ensuring authorities in each jurisdiction can act swiftly and also effectively.

As regards to human rights compatibility, the draft protocol incorporates strong safeguards consistent with the case law of the European Court of Human Rights, especially the right to a fair trial, access to effective remedies, and procedural checks against misuse, including in the framework of mutual legal assistance requests. These elements protect against the risk of transnational repression and political persecution, and the Assembly should welcome the explicit provisions allowing refusal of cooperation on human rights grounds.

The opinion recommends rapid adoption and the opening of the protocol for signature. And to further strengthen protections already included in the draft protocol, we propose an amendment to Article 10, paragraph 3, specifying that extensions of measures such as suspension of accounts beyond 7 working days must be authorised by a court. This amendment is grounded in credible concerns regarding prolonged suspensions and offers an additional safeguard for all affected parties.

Madam President,

It is vital that states pay particular attention to specific, credible allegations of transnational repression when examining requests under the protocol, and exercise discretion to refuse when human rights are at risk.

Finally, I wish to address the Assembly’s role in the opinion process for Council of Europe conventions and protocols. And I think this is rather important to address. In the past, most of our proposals for amendments have not been accepted by the Committee of Ministers, nor have we received adequate explanation, even when our recommendations have been modest, extensively justified and carefully balanced.

The recent practice of requesting opinions as soon as possible, leaving us with no choice but to apply urgent procedure, has curtailed our opportunity for meaningful reflection and stakeholder engagement. While there may be situations justifying urgency, these should not become habitual. It is thus appropriate that the Assembly pursue dialogue in the Joint Committee with the Committee of Ministers to establish a more effective and inclusive opinion process. Only a participatory approach preserves the integrity of our parliamentary mandate.

This draft protocol is a necessary update. It addresses evolving criminal tactics, closes loopholes, and establishes social and procedural safeguards. It reflects the Assembly’s long-standing recommendations and commitment to reform and the protection of human rights. I urge you to champion its adoption and to promote the ratification of the Warsaw Convention and its future protocol in your own parliaments.

I thank you for your attention.

Mme Mariia MEZENTSEVA-FEDORENKO

Ukraine, PPE/DC, Présidente de l'Assemblée

15:41:04

Many thanks, dear Mr Gustaf GÖTHBERG. "Thanks" [spoken in Swedish].

Now we open the speakers' list.

I remind you, colleagues, that the time limit is 3 minutes only.

We start with the representatives of the political groups.

First on my list is the representative of the Group of the Unified European Left, Ms Laura CASTEL.

The floor is yours.

Mme Laura CASTEL

Espagne, GUE, Porte-parole du groupe

15:41:26

Thank you, Madam Chair.

Dear colleagues,

The aim of this Protocol is to update the Convention, notably by introducing virtual asset provisions, expanding confiscation powers and enhancing cross-border co-operation mechanisms. According to Europol, law enforcement confiscate less than 2% of criminal proceeds, so 98% remain in the hands of organised crime.

Our group is in favour of such modernisation, as its core goal is to fight corruption and seek wealth accountability. We must keep in mind that enhanced international co-operation, such as mutual assistance or joint investigations, is the best solution to combat global financial crimes. By including new threats of money laundering, such as virtual assets, the member states could close loopholes used to hide wealth and thus strengthen financial transparency.

Yet it is fundamental that this protocol respects the European Convention on Human Rights, especially the right to a fair trial, effective remedy, presumption of innocence and right to property. Indeed, provisions such as the non-conviction-based confiscation of assets, if not regulated strongly enough, could be abused to target minorities or political activists and opponents without considering their civil liberties.

The extension of investigative powers, such as access to bank records and virtual assets without prior notice, should also be closely monitored to prevent abuse of power. Considering the states’ implementation discretion, there are risks of mass surveillance and of disproportionate impact. That is why the protocol must incorporate the principles of necessity and proportionality.

Stronger safeguards against potential abuse of power and proportional measures are needed. Crucial is also the transparency of the procedures for the confiscation of assets, especially a "social reuse" redistributing the seized assets for public interest purposes. For example, to the victims of these crimes to ensure effective social justice.

That is why, although our group shares the objective of combating money laundering and corruption, we are concerned about implementing measures extending the member states’ executive and surveillance powers in spite of the protection of human rights. The Pegasus case has shown worrying realities. Any expansion of surveillance powers must be limited, justified and subject to judicial review.

To conclude, Madam President, member states should also improve their democratic and effective oversight of national security services in line with the recommendations of the Commissioner of Human Rights as there is no one whose oversight system is fully compliant with these standards.

Thank you.

Mme Mariia MEZENTSEVA-FEDORENKO

Ukraine, PPE/DC, Présidente de l'Assemblée

15:44:56

Thank you dear Ms Laura CASTEL.

Next on my list on behalf of the Socialists, Democrats and Greens Group group is Mr Denis BEGIC.

Please, dear Mr Denis BEGIC, the floor is yours.

M. Denis BEGIC

Suède, SOC, Porte-parole du groupe

15:45:04

Thank you Chair.

Let me start saying that crime should not pay.

Not for organised crime networks. Not for money launderers. And certainly not for those who are financing terrorism.

If we are serious about security in Europe, we must go after the money. Because that is where power lies. That is how criminal networks grow, recruit and destabilise our societies.

This protocol is therefore an important step forward.

It strengthens financial investigations. It improves co-operation across borders. And it finally takes into account the reality we live in today, including virtual assets and new financial tools used to hide illicit wealth. That is necessary. And I strongly support this direction.

But let me also say something else.

The stronger the powers we give to the state, the stronger the safeguards must be, because our fight against crime is not only about being effective, it also is about being legitimate. If we lose that balance, we risk undermining the very rule of law we are trying to defend.

Take non-conviction-based confiscation. In some cases, it may be justified. Criminals should not be able to escape justice simply by hiding behind death, flight or legal loopholes. But this also raises serious questions. We are talking about taking people’s property without a criminal conviction. That requires strict judicial oversight, clear evidence, and strong protection for third parties acting in good faith. Otherwise, we risk moving from “follow the money” to “seize first, justify later”. And that is not a path we should take.

The same applies to access to financial data and information. Yes, authorities need tools. But necessity and proportionality must not just be words in a legal text, they must guide every decision in practice.

And finally, let us be honest: laws alone are not enough. Without resources, training and real capacity in our institutions, this protocol will remain good intentions on paper.

So my position is this: let us be tough on organised crime and terrorism. Let us make sure that illegal profits are traced, frozen and confiscated. But at the same time, let us defend due process, judicial control and fundamental rights with the same determination. Because in the end, our strength as Europe is not only that we fight crime, it is that we do it without becoming unjust ourselves.

Thank you.

Mme Mariia MEZENTSEVA-FEDORENKO

Ukraine, PPE/DC, Présidente de l'Assemblée

15:48:07

Just on time, dear Mr Denis BEGIC. Thank you.

The next on my list on behalf of the Group of the European People's Party is colleague Mr Adam BODNAR.

M. Adam BODNAR

Pologne, PPE/DC, Porte-parole du groupe

15:48:17

Madam President,

Dear colleagues,

One year ago, I participated in a special event in the beautiful Sicilian city of Siracusa. The Mayor of the city, Mr Francesco ITALIA, proudly presented the results of social work carried out by prisoners that were using properties confiscated from the Italian Mafia. It showed how illegal assets can be used for the public good. And it was the example that Italy is leading in developing modern forms of confiscation, seeking a balance between fair trial rights, property protection and evolving criminal activity.

However, we remain behind organised crime groups that exploit new technologies, global markets, cryptocurrencies, and the dark web to hide assets and launder money, making prosecution difficult. This issue has also been addressed in several previous Parliamentary Assembly of the Council of Europe resolutions.

Therefore, the only response is co-operation. There are certain good possibilities in the EU, such as the European Anti-Fraud Office (OLAF) or the European Public Prosecution Office (EPPO). But still, it is only the EU, while the problem has a regional or even global dimension. Therefore, any initiatives that promote international co-operation with the problem are of crucial value. That's why one should appreciate the effort by the European Committee on Crime Problems (CDPC) and the Committee of Experts on Criminal Asset Recovery (PC-RAC) in preparation of the draft additional protocol to the Warsaw Convention.

This protocol sets a number of important institutions and mechanism to tackle this problem, such as the creation financial investigation units, asset recovery offices, access to databases, possibility to undertake immediate and interim measures, monitoring of transactions or requests for information on virtual accounts, as well as provisions concerning management of recovered assets.

And taking into account my own experience as the former Attorney General, I would especially like to indicate a possibility to establish joint investigative teams. I always respected those prosecutors who are able to work in international teams.

But I think the opinion that has been prepared is also important in terms of highlighting the relationship between the European Convention on Human Rights, Strasbourg case law and seeking a fair balance between effectiveness of proceedings and the protection of fair trial and the protection of property.

I think that we should be aware that such measures could be used as a mechanism of transnational repression by autocratic regimes. That's why we should be really observant regarding how those measures of co-operation are used.

In my opinion, the effectiveness of this instrument depends on ratification. Unfortunately, the Warsaw Convention is still not ratified by several countries. I would like to encourage those states, as well as the European Union, to reconsider their position.

Finally, I thank rapporteur Mr Constantinos EFSTATHIOU and the Secretariat of the Committee on Legal Affairs and Human Rights for their work under tight deadlines. Their efforts are greatly appreciated.

Mme Mariia MEZENTSEVA-FEDORENKO

Ukraine, PPE/DC, Présidente de l'Assemblée

15:51:25

"Thank you" [spoken in Polish], thank you.

Next on my list, representing the European Conservatives, Patriots & Affiliates, is Ms Victoria TIBLOM.

Dear Ms Victoria TIBLOM, the floor is yours.

Mme Victoria TIBLOM

Suède, CEPA, Porte-parole du groupe

15:51:34

Thank you, Madam President.

Let’s be honest. Europe has been too slow, and too weak, in dealing with organised crime, money laundering, and the financing of terrorism.

Criminals have moved forward. We have not.

They move money across borders in seconds. They use new technologies. They hide behind complex systems. And too often, they get away with it.

The result is simple: crime still pays.

We are recovering only a small part of illegal profits. That is not just a technical problem, it is a political failure. Because as long as crime pays, it will continue to grow.

This is why this protocol matters. It gives states stronger tools to act. Tools to track, freeze and confiscate criminal assets, quickly and effectively. And yes, that includes extended confiscation and non-conviction-based confiscation.

Let’s be clear: this is common sense. If someone has wealth they cannot explain, they should have to prove it is legal. Not the other way around.

We cannot allow criminals to hide behind legal loopholes while honest citizens follow the rules. The protocol also improves co-operation between countries. And that is crucial. Crime today does not stop at borders, so neither can we.

We also need results people can see. Confiscated money should go to victims and back into society. People need to know that justice works, and that crime has consequences. Of course, safeguards are important. Courts must stay in control. Rights must be respected. And we must guard against misuse.

But let’s not hide behind that.

The real problem today is not that we are too strong. It is that we are not strong enough. If we fail to act, we send a dangerous message: that Europe is an easy target for criminals and dirty money.

This protocol is a step in the right direction. Now we need the political will to use it.

Because, in the end, the choice is simple: either we take the profits out of crime or crime will keep taking advantage of us.

Thank you, Madam President.

Mme Mariia MEZENTSEVA-FEDORENKO

Ukraine, PPE/DC, Présidente de l'Assemblée

15:54:12

Thank you, dear Ms Victoria TIBLOM.

Last but not least, representing the groups on behalf of the Alliance of Liberals and Democrats for Europe, Ms Larysa BILOZIR.

The floor is yours.

Mme Larysa BILOZIR

Ukraine, ADLE, Porte-parole du groupe

15:54:26

Ms Mariia MEZENTSEVA-FEDORENKO, dear Mr Gustaf GÖTHBERG,

I would like to express, on behalf of the Alliance of Liberals and Democrats for Europe, many thanks to our Rapporteur.

The core idea of this report is to expand tools for confiscating assets where there are reasonable grounds for suspicion without a criminal conviction and introduce simplified cross-border asset tracing mechanisms. This is essential.

Let me again reiterate what Mr Gustaf GÖTHBERG said, that 2% of criminal proceedings are currently recovered by the Council of Europe mechanism – that's it, only 2%. So still with dirty money, criminals continue to finance organised crime, corruption and war.

At the same time, there is a serious institutional concern in the report. As to the Rapporteur's opinion, the Parliamentary Assembly is partially excluded from the influence of the context of new conventions of the Council of Europe.

To understand why this matters, I would like to recall the 2023 scandal for those who don't remember or don't know within the Council of Europe.

Can you imagine, the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) of the Council of Europe, the head of its Secretariat – the body responsible for assessing anti-money laundering across our 46 countries – was Russian. Mr Igor NEBYVAEV, whose father was an agent of Russian foreign intelligence.

In other words, the person overseeing how other member states track illicit financial flows, enforce standards and close loopholes, was directly linked to the Russian intelligence network for several years during the war in Ukraine. He remained in his position until the story was publicly broken after a Bild investigation. Only then was he kicked out of the Council of Europe.

Today we are also witnessing strong resistance to the confiscation of Russian assets. It increasingly appears that key decisions are shaped not by public authorities, not by other institutions, but by financial institutions, banks and depositories, which hide behind the law of the protection of private property rights. But the law is not only about limitation, it must also enable justice. It should not be used to shield the assets of the aggressive state or criminal networks.

We should not let banks decide on Russian assets. This is a security issue of other countries, of the EU and of the countries of Council of Europe. This must be decided politically. For instance, Euroclear generated substantial profits from holding frozen Russian assets over the first two years of the war. Still, we know that these assets are in Belgium, most of them.

Colleagues,

Funds that support criminal activities and aggression or come from criminals or aggressors must not remain inaccessible due to legal or institutional hesitations.

I call on you to support and vote in favour of this important resolution and report.

Thank you very much.

Mme Mariia MEZENTSEVA-FEDORENKO

Ukraine, PPE/DC, Présidente de l'Assemblée

15:57:52

Thank you, dear Ms Larysa BILOZIR. "Thank you" [spoken in Ukrainian].

We now move to the list of speakers, the general one. I have first on my list Ms Albana VOKSHI from the Group of the European People's Party.

Please, Ms Albana, the floor is yours.

Mme Albana VOKSHI

Albanie, PPE/DC

15:58:07

Thank you Madam President,

Dear colleagues,

Yes, I will support this additional protocol because these changes are more than necessary.

When today only 1% to 2% of criminal assets are actually confiscated, while the methods to hide money have become more sophisticated, faster and more global.

As I was reading the report, I could not help but see my own country in it. The state-crime nexus in Albania is most visible in the construction and real estate sector, where illicit funds, primarily from drug trafficking, are laundered on a massive scale under the cover of urban development and foreign investment.

The boom in luxury towers and coastal resorts reflects a narcoeconomy sustained by corruption and state complicity.

The construction share reached 12% of GDP in 2024. The bank credit for construction was only 22%, raising the question as to how the majority of the construction was financed. Construction is a high-return sector with 15% to 25%, 52 empty apartments in 2023, with a vacancy of about 40%.

12 million square metres of permits were issued in Tirana in the last seven years. One million square metres is needed to be built annually across the country.

The massive inflow of illicit money has had severe macroeconomic effects, including a sharp depreciation of euros (30%), USD (35%), harming exports and domestic production.

At the same time, 1.1 million Albanians emigrated in the Schengen Area in the last decade, while half of the population remained at risk of poverty.

Taken together, this dynamic demonstrates that money laundering, corruption and the drugs economy are structurally embedded, posing a serious risk not only to the Albanian economy and governance, but also to the region and European security.

Why does this matter? This is not only about Albania.

Money that is laundered in the country moves freely across Europe, distorting the market economy, undermining fair competition and posing a risk to our collective security.

Why is this protocol important? Because it finally gives us a tool to respond, to follow the money, to freeze and confiscate assets effectively, to act quickly across borders and to address modern realities like crypto and complex financial schemes.

Without taking away the profits of crime, we are not finding corruption, we are allowing it to grow. And that is why this protocol is not only necessary, but it's urgent.

Thank you very much.

Mme Mariia MEZENTSEVA-FEDORENKO

Ukraine, PPE/DC, Présidente de l'Assemblée

16:00:50

Thank you. Thank you very much.

Next on my list is Mr Christoph WENAWESER, from Liechtenstein.

Please, dear Christoph.

M. Christoph WENAWESER

Liechtenstein, ADLE

16:01:00

Madam President, ladies and gentlemen,

The additional protocol currently being drafted serves to modernise the Warsaw Convention. The gist is basically understandable. In the case of cross-border structures, convoluted asset transfers and virtual assets, there is a legitimate interest in making asset recovery more efficient and internationally compatible.

The most sensitive point of the proposal is a possible reversal of the burden of proof in connection with non-conviction-based confiscations or the confiscation of unexplained and undeclared wealth. This is where the greatest constitutional risk lies, namely that the classic logic of the state's burden of proof shifts. Instead of the state comprehensively proving the criminal origin or the conditions for confiscation, the person concerned is effectively obliged to justify or exonerate themselves.

Ladies and gentlemen,

This threatens to destroy central principles of the rule of law, in particular the protection of property, proportionality, fair proceedings, judicial review and the presumption of innocence.

My conclusion is that I am in favour of a strengthening of international cooperation, to more modern rules for asset recovery and to an appropriate adaptation of the Warsaw Convention to new forms of white-collar criminal asset transfers.

However, any expansion of confiscation instruments must remain compatible with the basic principles of the rule of law. Any form of reversal of the burden of proof is particularly sensitive and must at least be strictly limited.

Only in this way will it be possible to modernise the convention without throwing core principles of the rule of law overboard.

Mme Mariia MEZENTSEVA-FEDORENKO

Ukraine, PPE/DC, Présidente de l'Assemblée

16:03:05

Thank you.

Next on the list is Mr Yuriy KAMELCHUK.

Yuriy, please, the floor is yours.

M. Yuriy KAMELCHUK

Ukraine, PPE/DC

16:03:15

Thank you, Ms Vice-President,

Colleagues, 

We must face a brutal reality. Our current system for fighting money laundering has failed. While we debate, organised crime and terrorists use borders and new technologies as a shield.

The statistics are a verdict on our inaction. Only about 2% of estimated criminal proceeds are currently seized or confiscated. This means that 98% of dirty money continues to fuel corruption, erode democracy and finance global instability.

The time for half measures is over. This draft additional protocol is not just a document. It's the weapon we have demanded for years. We are finally implementing a mechanism to strike criminals where it hurts most, their assets, even when they evade a criminal conviction. We are finally bringing virtual assets and their providers out of the shadows, closing a loophole that has become a safe haven for illicit flows. If a convict cannot explain the origin of their wealth, it must be seized. Shifting the burden of proof is both a proportionate and necessary tool for effective law enforcement.

Critically, this protocol provides the legal foundation to trace, freeze and confiscate the proceeds of crime related to the Russian Federation's war of aggression against Ukraine. Every cent stolen or earned through blood must be identified and redirected toward victim compensation and justice.

However, being tough on crime must not mean being soft on human rights. We will not allow dictators to weaponise these tools for transnational repression.

The on Committee on Legal Affairs and Human Rights proposes a vital amendment. Any suspensions of accounts of transaction exceeding 7 working days must be subject to mandatory court authorisation. This is a red line that separates the rule of law from political persecution.

Colleagues,

Crime has evolved. It is time for the law to do the same.

I urge you to support the report and the proposed amendments.

Thank you.

 

Mme Mariia MEZENTSEVA-FEDORENKO

Ukraine, PPE/DC, Présidente de l'Assemblée

16:05:30

Thank you, dear Mr Yuriy KAMELCHUK, "thank you" [spoken in Ukrainian].

Next on my list is Mr Erich HESS.

Dear Erich, the floor is yours.

M. Erich HESS

Suisse, ADLE

16:05:41

Thank you very much, Madam President, ladies and gentlemen,

I agree with all of you or with the previous speakers that crime must be combated.

However, we are here in this Chamber to protect human rights and democracy. However, I do not know whether we are not weakening human rights with this paper by reversing the burden of proof, as the Commission spokesman has also said.

Nowadays, the powerful state has to prove to ordinary citizens that they are guilty. With the reversal of the burden of proof, I, as a small citizen, have to prove to the state that I am innocent. This is how we weaken human rights in the countries of the individual member states.

I am therefore of the opinion that we must not amend this paper, but rather shift competences there and certainly not adopt it here in the Council of Europe.

Thank you for rejecting this paper.

Thank you very much.

Mme Mariia MEZENTSEVA-FEDORENKO

Ukraine, PPE/DC, Présidente de l'Assemblée

16:07:08

"Thank you" [in German], dear Mr Erich HESS.

Next on my list are our colleagues from Canada and Ms Stephanie KUSIE.

Dear Stephanie, the floor is yours.

Mme Stephanie KUSIE

Canada

16:07:20

Thank you for the opportunity to contribute to this debate.

As an observer state, my country was actively involved in the drafting of the Strasbourg Convention adopted in 1990, which laid the groundwork for the Warsaw Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism.

That engagement reflected a clear understanding: effective action against serious crime and terrorism requires strong legal frameworks and sustained international co-operation. That reality is even more pressing today.

The criminal landscape has evolved rapidly. Organised crime networks and illicit financial flows operate across borders with unprecedented speed and sophistication. In this context, enhancing international asset recovery mechanisms is essential.

I applaud the Council of Europe’s work on a draft Additional Protocol, and I recognise its potential to address persistent barriers stemming from differences in legal traditions and criminal processes from one state to another.

One particularly important aspect identified in this work is the facilitation of “non‑conviction‑based confiscation”.

Canada has practical experience in this area and is often cited as an example. Several provinces, including my home province of Alberta, have enacted legislation allowing for the forfeiture of assets derived from criminal activity without requiring a criminal conviction. When developed following best practices, such tools can be effective in disrupting criminal enterprises and providing compensation to victims of crime.

At the federal level, Canada has also developed mechanisms for foreign asset recovery. Under the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act – the Sergei Magnitsky Law – Canada can freeze, forfeit, and redistribute assets belonging to foreign nationals involved in the most serious of crimes.

At the international level, Canada has reinforced its commitment to address corruption, transnational crime and terrorism through active participation in key multilateral instruments. This engagement was formalised with the ratification of the United Nations Convention against Transnational Organized Crime in 2002, and further strengthened with the ratification of the United Nations Convention against Corruption in 2007 under a Conservative government, embedding international co-operation at the core of Canada’s framework.

In conclusion, Canada stands ready to continue working closely with our European partners.

"Thank you very much for your attention". [spoken in French]

Thank you.

Mme Mariia MEZENTSEVA-FEDORENKO

Ukraine, PPE/DC, Présidente de l'Assemblée

16:10:12

"Thank you, Stephanie" [in French] you travelled so far. You did a great job.

Dear Mr Oleksandr MEREZHKO, last but not least. Please, dear Oleksandr, the floor is yours.

M. Oleksandr MEREZHKO

Ukraine, ADLE

16:10:24

Thank you, Madam Chair.

Dear colleagues, when we are talking about finance and terrorism, we should remember that our organisation has recognised Russia as a terrorist regime.

Russia is a typical terrorist state, blackmailing the whole world and using acts of terror, not only against Ukraine, against our civilians, but also against other countries. And there are numerous acts of Russian terror committed on European soil. In fact, Russia is terrorist number one. And the Kremlin dictator is a terrorist. Hence, all our actions with regard to Russia should proceed from this fact.

And let's be consistent. It's absolutely unacceptable and immoral to finance Russian terrorists by buying Russian oil and gas. Those proceeds which Russia receives from the states which buy Russian oil and gas, feed the Russian war machine and allow it to commit acts of terror against civilians. It is absolutely legal and logical to impose a ban on Russian oil and gas, at least in Europe.

It is unacceptable when European aid to Ukraine is less than the amount of money paid to Russia for its oil and gas. Each euro paid to Russia turns into lost human lives. It is also unacceptable when someone is putting pressure on Ukraine with a demand to restore the oil pipeline, the so-called Druzhba. I'm not even talking about European values which should be over the profits. I'm talking about human lives.

My appeal to you and to your countries is simple: let's stop financing Russian terrorism. Let's stop fuelling the Russian war machine with European money. Thank you.

Mme Mariia MEZENTSEVA-FEDORENKO

Ukraine, PPE/DC, Présidente de l'Assemblée

16:12:12

Thank you, dear Oleksandr.

And that concludes the list of speakers.

Colleagues, I now call Mr Gustaf GÖTHBERG to reply if he wishes to do so. Please, the floor is yours.

M. Gustaf GÖTHBERG

Suède, PPE/DC, Vice-Président de la Commission des questions juridiques et des droits de l'homme

16:12:28

Thank you, Madam President.

And thank you, dear colleagues, for this exchange of views.

Organised crime, money laundering and financing of terrorism all pose a threat to our societies, to democracy and to the rule of law. And it's absolutely clear that countering it must be done under the rule of law as well. Crime shouldn't pay, some of my colleagues said, and I think that we all can agree on that within the sound legal framework.

This protocol is an important step forward. And I want to reply to one of my colleagues to just reiterate that this opinion confirms that the proposed measures are compatible with the European Court on Human rights. The Court has issued several judgments dealing with non-conviction-based confiscation. Same for the burden of proof. It is not unreasonable to prove lawful origin of your assets. The opinion was also unanimously adopted by the Committee.

And lastly, I want to reiterate two more things after this very fruitful discussion we've had. And the first one is the relationship with the Committee of Ministers. As I said in my introductory remarks, most of our proposals for amendments have not been accepted by the Committee of Ministers. And, of course, that could be described as just part of life. But it is very important for us to remember that we need to also receive adequate explanation for this, even when our recommendations have been modest, extensively justified or carefully balanced. This is of great concern for the institutional co-operation and for the institutional relations that we have.

And finally, I urge colleagues to join with those countries or parliaments that have ratified this protocol. And I call also on the European Union to do the same. It is of vital importance for the safety and the rule of law in Europe that this is moved on with swiftly.

And, last but not least, I wish to thank my absent friend, Mr Constantinos EFSTATHIOU, for his work, and also the brilliant minds of the Secretariat of the Committee for their very, very good work with this.

Thank you very much.

Vote : Demande d'avis sur le projet de protocole additionnel à la Convention du Conseil de l’Europe relative au blanchiment, au dépistage, à la saisie et à la confiscation des produits du crime et au financement du terrorisme

Mme Mariia MEZENTSEVA-FEDORENKO

Ukraine, PPE/DC, Présidente de l'Assemblée

16:14:58

Thank you very much.

"Thank you" [spoken in Swedish].

Colleagues,

The Committee on Legal Affairs and Human Rights has presented a draft opinion, Document 16385, to which no amendments have been tabled. Well, it saves some time.

We will now proceed to the draft opinion contained in Document 16385. And according to the rules, a two-thirds majority is required.

Colleagues,

I call the vote to be open.

You still have a chance.

I close the vote and I call for the results to be displayed.

The draft opinion contained in Document 16385 is adopted.

Congratulations.

Débat : Lignes directrices européennes pour combattre le dumping social et l'exploitation par le travail

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

16:18:42

The next item of business this afternoon is the debate on the report titled "European guidelines to counter social dumping and labour exploitation", Document 16371, presented by Ms Valérie PILLER CARRARD on behalf of the Committee on Social Affairs, Health and Sustainable Development.

I call Ms Valérie PILLER CARRARD, rapporteur. You have 7 minutes now, and 3 minutes at the end to reply to the debate.

Mme Valérie PILLER CARRARD

Suisse, SOC, Rapporteure

16:19:16

Thank you, Mr Vice-President,

Dear colleagues,

Imagine migrant workers, working hard all day and staying overnight in appalling conditions. Dozens of them crammed into unsanitary accommodation, sleeping on the floor, without safety or hygiene. Illegally employed, they live and work in extreme vulnerability, deprived of their most basic rights.

Unfortunately, this picture is not fiction. It corresponds to very real situations in Europe. On the border between Belgium and the Netherlands, a journalistic investigation revealed that companies were housing hundreds of workers in precarious conditions, taking advantage of differences in legislation and lower housing costs. A local councillor denounced, and I quote: "a painful and complex system of exploitation and trafficking in human beings".

Similar cases have also been tried in the Champagne region of France. Workers, mostly of African origin, were crammed into overcrowded rooms, subjected to working days of more than ten hours, and fed inadequately. When they asked for water or breaks, they were threatened. Their precarious administrative situation even prevented them from asserting their rights, creating a vicious circle of exploitation.

Ladies and Gentlemen,

Social dumping and labour exploitation are well-established realities in our European societies.

It is essential to distinguish between these two concepts. Social dumping is first and foremost an economic phenomenon: it is based on the exploitation of differences in national legislation to cut costs, distort competition and drive working conditions down. Labour exploitation, on the other hand, is a violation of fundamental rights. It covers a wide range of practices, from underpayment and excessive working hours to coercion, forced labour and, in the most serious cases, trafficking in human beings.

In all cases, it is human dignity that is undermined.

As the report before you shows, these practices exist in many Council of Europe member states. Despite a solid legal framework, responses remain uneven. The gaps between standards and their application, the lack of resources, and the transnational dimension of these phenomena weaken the effectiveness of existing mechanisms.

This is why it is vital to strengthen cooperation between states, but also between institutions, and to improve the capacity of labour inspectorates in concrete terms. It is equally crucial to guarantee effective access to justice for victims, without fear of reprisals or expulsion.

Fortunately, some countries have developed particularly interesting approaches.

Finland, for example, was a pioneer in introducing a specific offence of abuse in the workplace in the 2000s. This approach has been reinforced by action plans against the black economy and economic crime, as well as a national plan to combat human trafficking. Labour exploitation is now clearly identified as a priority.

A key element of this success lies in the close cooperation between the various stakeholders: public authorities, trade unions, non-governmental organisations and other relevant players.

This approach of shared responsibility is also inspiring other countries.

In Switzerland, the fight against social dumping is based on a combination of complementary instruments: collective labour agreements, standard contracts, inspection mechanisms and targeted sanctions.

Although Switzerland does not have a national minimum wage, it has introduced "accompanying measures" as part of the free movement of persons. These measures make it possible to protect local working conditions, in particular through the extension of collective agreements in sensitive sectors.

A key instrument is the Posted Workers Act, which requires foreign companies to comply with the working conditions in force in Switzerland. Checks are regular and targeted, particularly in high-risk sectors such as construction, cleaning, hotels and catering and security services.

However, the results show that the challenges remain: in 2024, almost a quarter of the companies inspected were not in compliance. This shows that the systems must not only exist, but also be actively applied and strengthened.

I could also mention the example of the Netherlands, and the Roemer report entitled "No second-class citizens", published in 2020, which highlighted the strong dependence of migrant workers on their employers or temporary employment agencies for their housing, health insurance and work contracts. Following this report, the Dutch parliament passed two important new laws in 2025: one on modernising and extending the criminalisation of human trafficking, and another on the licensing of temporary employment agencies with compulsory certification from 2027.

Ladies and Gentlemen,

It is our collective responsibility to act decisively.

The report before you highlights good practice and makes a series of practical recommendations. Allow me to highlight a few of the key ones.

These include strengthening national legal frameworks based on the standards of the European Social Charter, promoting economic models that reconcile competitiveness and respect for social rights; extending collective agreements, particularly in low-wage and high-risk sectors; significantly increasing the human and financial resources of labour inspectorates; protecting whistleblowers and guaranteeing victims safe and effective access to justice, regardless of their administrative status.

Our objective must be clear: to put an end to situations of exploitation and ensure that everyone working in Europe can live with dignity from their work, while respecting their fundamental rights. But it also means rewarding companies that respect human dignity by offering good working conditions to their employees.

Supporting this resolution means strengthening the credibility of our institutions and of the European project as a whole.

I thank you for your attention and look forward to this debate.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

16:26:21

Thank you.

We will now move on to the debate.

I remind members that the time limit is 3 minutes.

I call first on speakers on behalf of the political groups.

For Socialists, Democrats and Greens Group, Mr Mike READER, you have the floor.

M. Mike READER

Royaume-Uni, SOC, Porte-parole du groupe

16:26:38

President,

Colleagues,

On behalf of our group, I want to thank Ms Valérie PILLER CARRARD for her work on this report. It is thorough, detailed, but it is also quite shocking.

Across Europe, workers are being underpaid, threatened, stripped of protections, and in the worst cases, trafficked. Not in spite of our economic model. But, in some cases, because of it.

Exploitation is built into subcontracting chains, hidden in shell companies, enabled by gaps in the law that employers know how to exploit.

As someone who worked in the construction industry for the best part of 20 years before I joined Parliament, I was outraged by some of the things I read in this report.

In 2023, at the Reykjavik Summit, Heads of State committed to social justice as the foundation of democratic stability.

This resolution is one way that we honour that commitment. Because social dumping is economic distortion and labour exploitation. And, as the Rapporteur makes clear, it is a violation of fundamental rights.

Still there are those across Europe who would weaponise migration, turning workers into targets and doing nothing about the exploitation that makes those workers so vulnerable.

We reject that entirely.

The answer is not to persecute the exploited. It is to go after perpetrators who exploit the vulnerable. Some may ask what does acting look like? Well, it's what's written front and centre on this report. It looks like stronger collective bargaining, particularly in areas where there are high-risk, low-wage sectors.

It looks like mandatory corporate due diligence in supply chains, so that businesses can no longer profit from exploitation buried three subcontractors deep in their supply chains.

It looks like genuinely resourced labour inspectorates. Because rights unenforced are not rights at all.

Importantly, it looks like proper cross-border collaboration across one united Europe to tackle this scourge. Across Europe, it is left-leaning governments that are leading the way on tackling this challenge.

In the UK, the 2026 Employment Rights Act shows what political will looks like in practice. Ending the worst zero-hours abuses, giving trade unions the right to organise, strengthening whistle-blower protections, establishing a Fair Work Agency that enforces standards proactively.

This is the right direction and shows that by raising standards, we ca also build a strong economy. These two can go hand in hand.

The European Social Charter sets the floor of rights this resolution is built upon.

A floor that no member state should undercut, in law or in practice.

If we adopt these recommendations we move closer to a Europe where there are no second-class workers.

Thank you.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

16:29:46

Thank you on behalf of the Group of the European People's Party, Mr Jan Filip LIBICKI. You have the floor. You would have to put your card in.

M. Jan Filip LIBICKI

Pologne, PPE/DC, Porte-parole du groupe

16:30:04

Thank you Mister Chair.

Mister Chair, Dear colleagues,

It is an honour to speak on behalf of the Group of the European People's Party.

First, I would like to thank the rapporteur, Ms Valérie PILLER CARRARD, for this reliable and comprehensive report. It is an important document, not only because it identifies the problem, but because it does so in a thorough and credible way.

The report clearly shows that, despite extensive legal frameworks, social dumping and the exploitation of workers remain serious challenges. Actions in this field are uneven, and the effectiveness of regulations is often limited due to gaps in enforcement and insufficient resources.

This is why strengthening international and interinstitutional cooperation is essential. In a cross-border labour market, abuses cannot be effectively addressed at the national level alone. What we need is real and practical coordination between states and institutions.

Equally important is maintaining the right balance between economic efficiency and workers’ rights. These objectives are not contradictory, they should reinforce one another. We cannot build competitiveness at the expense of workers’ dignity, but we must also take economic realities into account.

That is why social dialogue should play a central role, bringing together workers, employers and public institutions.

Migrant workers deserve particular attention, as they are most often victims of abuse. We must ensure they have access to clear, practical and multilingual information about their rights. Without such awareness, legal protection remains only formal.

Finally, we must strengthen both awareness and implementation of the European Social Charter, which sets essential standards for workers’ protection.

Ladies and Gentlemen,

The report sets a clear direction. It is now our responsibility to implement it consistently.

Our group will support this report.

Thank you very much, Mister Chair.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

16:32:38

Thank you.

Now, on behalf of European Conservatives, Patriots & Affiliates, Mr Adam BALTEN.

You have the floor.

M. Adam BALTEN

Allemagne, CEPA, Porte-parole du groupe

16:32:46

Dear Mister President, ladies and gentlemen,

Imagine a master painter. A family business, three journeymen, one apprentice. The man actually only wants to paint facades and train apprentices. He wants to work. What does he do instead? Trudging through bureaucracy. He sits at the kitchen table and fights his way through forms, certificates, liability issues and documentation requirements that nobody reads anyway. He is more afraid of fines than of a wobbly scaffold. Honest service providers suffocate under regulations, while criminal exploiters simply set up the next bogus company. So don't get the wrong idea. Anyone who sells their working time deserves to be paid fairly and in line with the market. Yes, wage slavery has no place in a social market economy. That's right.

Have you actually read your report? You cite Switzerland as a prime example. But Switzerland is not in the EU. Switzerland is sovereign in deciding which national regulations make sense. But instead of learning from this, you reflexively call for more regulations, as usual. Honest entrepreneurs are already being systematically penalised. National supply chain laws, European Corporate Sustainability Due Diligence Directive (CSDDD) supply chain laws and now UN agreements on top of that.

In 2025 alone, the EU has adopted 1 456 legal acts and more than 100 000 since it was founded. 100 000 legal acts is a bureaucratic nightmare. That's no way to fight exploitation, that's no way to penalise the honest and that's no way to destroy economic growth. But instead of learning from this, they demand, well, as always, more regulation.

What can I say to that? We should put an end to this bureaucratic nightmare. The sooner the better. Sovereign states have enough laws of their own.

Thank you very much.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

16:34:48

Thank you on behalf of the Alliance of Liberals and Democrats for Europe, Lord Michael GERMAN. You have the floor.

Lord Michael GERMAN

Royaume-Uni, ADLE, Porte-parole du groupe

16:34:57

Thank you, Chair.

I would like to thank the rapporteur for this report and perhaps to distinguish the difference between myself and our group and the previous speaker.

We're talking about rights here, not regulations.

I welcome the exposure of a problem facing many migrant workers, particularly seasonal and part-time workers.

These are our forgotten workforce, a group filling gaps in the labour market where national labour shortages exist.

By their very nature, these are short-term workers. Workers who have the greatest possibility of being exploited and being exposed to poor working conditions, poor wages and poor treatment.

I want to use farm workers as an example.

Despite increased mechanisation, farms still require manual labour for many of their tasks. This is especially true of fruit and vegetable production. Seasonal farm workers travel to countries for a short period, perhaps for the harvest period, and then move on. Their position in employment is probably granted by some form of a temporary work permit, one which does not automatically provide a guarantee that the job that they are doing will be greatly valued. That is valued financially, but also a value expressed in the quality of the environment attached to the work they undertake.

It is the question of their work contracts which underpins the recommendations in this report. What remedies does a seasonal worker of this sort have?

In the UK, for example, the contracts are held by agencies covering a number of farm enterprises. So the farm owners are the contractors and the agency are the holders of the contract.

Now that's not an unusual situation, you might think, but these workers have no way of blowing the whistle on poor conditions. There is no obligation for the agency to acquire good terms of employment for the seasonal workers with whom they have a contract.

Now, this example is one of many. It can apply to short-term provision of medical care. It can apply to domestic workers and so on.

These groups all have one thing in common. They are in the lowest-paid work sector. They are also doing jobs for which there is a shortage of in-country labour.

Of course, as our populations age, we need to find workers to undertake the tasks we need to maintain and improve the standards of life for our people.

This all points to appropriate safeguards, guardrails to be put in place to protect these workers. This goes to the heart of this report and its recommendations.

Human rights are for everyone.

We must support those for whom the structure of our work needs requires a standard of care and protection equivalent to the rights of all other workers.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

16:37:59

Thank you.

And now, on behalf of Group of the Unified European Left, Ms Janina BÖTTGER.

You have the floor.

Mme Janina BÖTTGER

Allemagne, GUE, Porte-parole du groupe

16:38:09

Thank you very much, Mr President.

I will speak in German.

Ladies and gentlemen, many thanks to Ms Valérie PILLER CARRARD for this important report. Many thanks also to my colleague in the European United Left, Mr George KATROUNGALOS, who initiated this report.

Our initiative against exploitation comes at the right time, perhaps even at a crucial time, as we are experiencing a period of economic uncertainty, global re-organisation and increased competition. The European Trade Union Confederation therefore strongly warns against jeopardising the social model and strong workers' rights in Europe. The economy's response to the shift in the global flow of goods and increased automation is an unprecedented attack on labour laws and trade unions. Exploitation is becoming more and more acceptable. While the Council of Europe fights for fair wages and social security in labour migration, business, the EU and national governments are encroaching ever more deeply on rights that have been fought for through deregulation.

Our Assembly emphasises that work is more than a cost factor. Labour is dignity. Work is the basis for being able to provide for oneself and one's family in security and respect. And it is precisely this basis that is coming under pressure. Social dumping and labour exploitation are increasing, not by chance, but structurally. The market power of large companies is growing, while employees – especially migrant workers – often become dependent. Those who do not speak the language, do not know the system and fear for their residence status can hardly assert their rights.

What's more, racism is debilitating. Those who are not perceived as equal are less likely to stand up for their rights with confidence. And the more repressive the immigration policy, the easier it is to force people into bad or illegal labour. The report shows very clearly that women, the low-skilled and young people are particularly vulnerable groups.

Ladies and gentlemen, none of this is a marginal problem. Labour migration is an essential pillar of our economies. No building site, hotel or care centre would function without them. People from poorer regions are putting their lives on hold, leaving their children in the care of their grandparents in order to build up a financial cushion and relative security far from home. And the political response to this must be.

Firstly, rights must apply everywhere. Minimum wages, labour laws and lower limits protect people and democracy. Secondly, rules need to be enforced. Without controls, safe reporting and sanctions, fairness remains an illusion. Thirdly, protection for the weakest is protection for us all. Protecting migrant workers prevents wage dumping overall. And fourthly, companies must take responsibility, including along global supply chains.

Thank you very much.

M. Mike READER

Royaume-Uni, SOC

16:41:06

My question is for the last speaker, Ms Janina BÖTTGER.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

16:41:10

Mr Mike READER, you have asked to take the floor to ask a question to another member on behalf of your group, in accordance with Article 37.4 of the Rules of Procedure.

I remind you that you must ask a question, not make a speech. The question must be addressed to a member who does not belong to a political party. It must directly relate to the speech made by that member and to the topic of the debate.

You will have 30 seconds to ask it. The member to whom the question is addressed will have 30 seconds to respond.

Mr Mike READER, to which member do you wish to put your question to?

Okay, you have 30 seconds.

M. Mike READER

Royaume-Uni, SOC

16:41:54

Ms Janina BÖTTGER, thank you for your excellent contribution.

Would you agree with me that what is set out in the report and what you've set out is the right way to deliver dignity at work, supporting trade unions, supporting collective bargaining and not what was put out by the member from the European Conservatives, Patriots & Affiliates (ECPA), who was scaremongering about paperwork and restrictions?

Thank you.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

16:42:15

Ms Janina BÖTTGER, do you wish to respond?

Mme Janina BÖTTGER

Allemagne, GUE

16:42:19

Thank you very much. I expressly agree with that.

Collective bargaining and social partnerships are the foundation for our social cohesion in Germany, but also in the EU and worldwide. Employees are better off with collective bargaining. They have better holidays, higher wages and better working conditions.

In this respect, it is more important to emphasise these things and to point out where things are not yet working and where people are being exploited than to complain about too much bureaucracy.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

16:42:51

Thank you.

I call now Ms Sibel ARSLAN.

You have the floor.

Mme Sibel ARSLAN

Suisse, SOC

16:43:01

Mister President, dear colleagues,

I would like to thank also Ms Valérie PILLER CARRARD for her report. It's a really important report and it's a really good report. As a Swiss member I can say that because she also added Swiss perspectives in her approach, which are really important from our side. 

Social dumping and labour exploitation pose a serious threat to us all. They undermine fundamental rights, distort fair competition and, in the long term, jeopardise social cohesion.

Disadvantaged groups, particularly migrants, are especially affected by social dumping and labour exploitation.

They often face multiple forms of discrimination: as women, as migrants and as workers in precarious employment. Many of them work in conditions that we cannot accept – poorly paid, inadequately protected and often with no prospects, because frequently their qualifications are not even recognised.

Our goal must be clear: equal work, equal rights, equal pay throughout our member states. Only in this way can we create fair and equal conditions for all workers.

In principle, many member states have the necessary tools at their disposal. However, what is crucial is their consistent implementation. They have to use it. This requires stronger monitoring, better cross-border cooperation and genuine, effective access to rights, particularly for those who are most vulnerable.

After all, poor working conditions do not only affect those directly involved. They also have an impact on their families, on their security, their quality of life and their future prospects and lead to a cycle of poverty, including for children.

Let us therefore act together, with determination and in solidarity, for fair work.

Thank you very much.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

16:45:42

Thank you.

Mr Ricardo CARVALHO, you have the floor.

M. Ricardo CARVALHO

Portugal, PPE/DC

16:45:50

Thank you very much, Mister President,

Dear colleagues,

The report we are discussing today addresses a real issue that cannot be ignored: social dumping and labour exploitation still persist across several European countries. These phenomena not only undermine the dignity of work but also distort competition and seriously penalise companies that comply with the rules.

And it is precisely here that our political reflection must begin.

Because those who comply, workers and businesses alike, cannot be placed at a disadvantage compared to those who circumvent the law. Combating these abuses is, first and foremost, a matter of justice, but also of sound economic functioning.

That said, we must be clear: the response cannot simply be more regulation, more bureaucracy, or more burdens on those who already comply. Europe must not fall into the trap of addressing non-compliance with solutions that end up penalising the entire economic fabric, especially small and medium-sized enterprises.

There is a better way.

First, strengthen enforcement, yes, but in a smart and targeted manner, focusing on high-risk sectors and practices, with effective cooperation between national and European authorities.

Second, ensure equal rules for all workers, including migrants, by tackling exploitation without creating incentives for informality or the shadow economy.

Third, protect law-abiding businesses, ensuring fair competition and removing any competitive advantage for those who violate labour rights.

And fourth, simplify, not complicate, the regulatory framework, because a dynamic economy is essential to creating decent and sustainable jobs.

Dear colleagues,

A social Europe is not built against the economy, it is built with a strong, fair and competitive economy. We need balance: firmness in combating abuse, but responsibility in how we regulate. Only in this way can we protect workers, businesses and the future of our European model.

Thank you very much.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

16:48:17

Thank you.

I now call on Sir Christopher CHOPE. You have the floor. No?

I will now call on Ms Olena MOSHENETS.

You have the floor.

Mme Olena MOSHENETS

Ukraine, ADLE

16:48:34

Dear colleagues,

I would like to thank the rapporteur for her substantive report. Behind what may, at first glance, appear to be technical terms, lie fundamental questions of human dignity, fairness, and trust in the European project.

Europe has always been built on the principle of decent work. Yet today, we are compelled to acknowledge that this principle does not function equally for everyone. This disparity is felt by millions of Ukrainians who have been forced to leave their homes because of war, the majority of whom are women and children. Around 60% are already employed, though largely outside their fields of qualification. Doctors are working as cleaners, teachers in warehouses, and engineers taking any job that allows them to survive.

Despite this, they make a significant contribution to the economies of their host countries: they pay taxes, support consumer demand, and sustain labour markets. According to international estimates, improving their employment levels and productivity could add up to annual GDP growth in host countries.

At the same time, these individuals are often the most vulnerable to exploitation. Cases of underpayment or non-payment, work without contracts, and working conditions that do not match prior agreements are common. People work more, earn less, and lack adequate protection. This creates a dual labour market, where some workers enjoy the full scope of rights, while others have only obligations.

If Europe is to remain a space of rights and freedoms, it must guarantee them to everyone, regardless of the passport they hold. This is the true test of our unity and our values.

Thank you very much.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

16:50:49

Thank you.

I now call on Ms Octavie MODERT. 

You have the floor.

Mme Octavie MODERT

Luxembourg, PPE/DC

16:50:56

Thank you, Chair.

No one should be forced to work in inhumane conditions. Human dignity must be guaranteed for workers in all circumstances, and any employer who knowingly exploits a person in bad faith must be punished.

We all have in mind shocking images of fruit and vegetable pickers working in unacceptable conditions. We must take action, fight against bogus recruiters, combat modern slavery, the informal economy and undeclared work. The human dignity of every human being demands it, and their socio-economic rights must be safeguarded.

But we must be careful not to confuse the issue. Not all employers are rogues or swindlers. Deliberate offences committed in bad faith should not be equated with unintentional administrative errors.

The owners of one or two-person micro-businesses are often overwhelmed and sometimes in a fragile situation themselves, but they are of good character and good faith.

By way of illustration, here is a compilation of the rules to be observed, in my country, when employing seasonal workers for two or three weeks a year, for example, for the grape harvest. It's 50 pages long. Yes, 50. It's much less complicated to take on an employee for a lifetime, that's a one-page employment contract, for seasonal workers it's a 5 page contract.

In this case, the winegrowers, with family farms of one or two people, need a dozen or fifteen helpers to bring in the grapes for two or three weeks a year. Three weeks of harvesting is their only source of income for an entire year. These helpers have become their friends and they house and feed them in their homes. But the Directive on Posted workers applies indiscriminately to very different situations, from large companies to small family farms. We must insist that the measures imposed and the penalties are differentiated and proportionate.

The state can combat undeclared work through positive measures. At the time, Luxembourg, for example, provided for a simplified declaration for seasonal workers, with flat-rate taxation. Nothing could be easier to prevent the informal economy.

Another example. For housework lasting a few hours a week, all the formalities and the calculation of social security contributions are carried out by the authorities, not by the employer. This is a very effective measure to combat undeclared work. A positive measure, not a repressive one.

Let's not pick the wrong adversary. Let's give those who are acting in good faith a chance. Let's track down the criminals, who are unfortunately becoming more and more numerous, and protect the vulnerable people who are exploited. Let's give them justice and dignity.

Thank you for your support.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

16:54:06

Thank you. I now call Ms Madalena CORDEIRO. You have the floor.

Mme Madalena CORDEIRO

Portugal, CEPA

16:54:13

President,

Dear colleagues,

Being here today debating the abolition of labor exploitation is, to say the least, ironic, when the European Union and many of those sitting here are among the main drivers of labor exploitation in our time. The primary promoters of what can only be described as 21st-century slavery.

In recent years, we have witnessed an uncontrolled influx of immigrants into our countries, individuals who have nothing in common with our values. Immigration that is reshaping our cities and leaving many feeling like strangers in their own homeland.

The consequences are plain for all to see. Beyond an evident demographic shift, our public services are under immense strain. Healthcare, housing, and education systems are being pushed to their limits.

As a result of these open-door policies, implemented without proper criteria, many immigrants are living and working in miserable conditions. But it is not only them.

Our own citizens are seeing their working conditions deteriorate day by day, forced to compete against inhumane wages. And it is our citizens who must be our priority.

If you truly want to end labor exploitation, then have the courage to defend the remigration of those who are harming our countries.

Thank you.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

16:55:37

Thank you.

I now call on Ms Danuta JAZŁOWIECKA.

You have the floor. 

Mme Danuta JAZŁOWIECKA

Pologne, PPE/DC

16:55:45

Thank you.

Mister President,

Dear colleagues,

The report of Ms Valérie PILLER CARRARD clearly shows that practices violate human dignity, undermine fair competition and weaken social cohesion in Europe.

Instead of building unity, we are creating divisions.

Instead of strengthening trust, we are deepening frustration.

Instead of cohesion, we see growing polarisation.

We must be clear: such practices must stop. There is no place in Europe for situations where workers – often migrants – are forced to work in conditions below standards, without proper protection, and for wages that do not allow a decent life.

Are these the values on which the Council of Europe is built ?

European society is ageing. We need people who are ready to work, to develop, and to contribute our economies.

The report also highlights that the lack of proper social protection and growing inequalities lead to increasing polarisation in our societies. This is a very important point. Because today, we are not only talking about the labour market, we are talking about the future of our societies

Without respect for workers, their rights and equal treatment there can be no lasting social cohesion.

That is why the proposed solutions are so important: better co-operation between countries and institutions, protection of workers – especially the most vulnerable – and responsibility of companies across the whole supply chain

Especially in this room we are responsible for cohesion.

Let’s start acting, not just talking.

Thank you.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

16:57:41

Thank you. I now call Ms Yuliia OVCHYNNYKOVA. You have the floor.

Mme Yuliia OVCHYNNYKOVA

Ukraine, ADLE

16:57:50

Thank you very much, Mister President.

Dear colleagues,

First, I would like to thank our rapporteur for this timely and principled report and, of course, the Committee on Social Affairs, Health and Sustainable Development for bringing the issue of a fair employment rights to the Parliamentary Assembly of the Council of Europe.

So, social dumping is not an economic strategy. It is a failure of our system to protect people. It turns work into insecurity, mobility into vulnerability and competition into a race to the bottom. And every time we tolerate it, dignity is discounted.

This report reminds us of a simple truth. Europe already knows what fair work looks like. It is written in the European Social Charter, our floor of rights. No wages below dignity. No contracts without security. No workers without protection.

We still see gaps across Europe in meeting the International Labour Organization’s minimum standard of one labour inspector for every 10 000 workers. That means exploitation does not simply occur, it remains invisible.

This reality has a human face. Millions of migrants forced to flee have sought protection in Europe. They are teachers, researchers, engineers, nurses, parents. But too often, risk turning into long-term precarity: insecure contracts, underpayment, false self‑employment, and silence born of fear.

So, the report shows that solutions already exist. Where inspections are strong, abuse retreats. Where collective agreements are extended, wage dumping stops. Where subcontracting chains carry joint liability, exploitation loses its hiding places.

But laws alone are not enough. If migrant workers cannot trust institutions, the Charter becomes a promise without protection. Either we defend dignity for all or we undermine it for everyone. Fair work is not a cost. It is a stabiliser of democracy. By supporting this resolution, we say clearly: in Europe, dignity is not negotiable, even in times of war.

Thank you very much.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

17:00:08

Thank you.

I now call Mr Pavlo BAKUNETS.

You have the floor.

M. Pavlo BAKUNETS

Ukraine, CEPA

17:00:15

Thank you.

Mister Chairman,

Dear rapporteurs,

Dear members of the Parliamentary Assembly of the Council of Europe,

Our delegation here represents all Ukrainians. We brave Ukrainians stand on the front line defending our land and defending European values. Democracy is built not only with weapons, but also with social justice. It's true. Today's report is important for our country. It's important for Ukraine because we move towards membership in European Union. And from the start of the full-scale Russian invasion in Ukraine and everyday missiles from Russian attacks on Ukraine, many Ukrainians unfortunately became forcefully displaced in Europe.

And we thank you for supporting these people. From another side, because of many years of war, they have to live in your countries and they have to work in your countries. They are most vulnerable there. They need social protection. For our Ukrainians in your countries, it's very important. And as representatives of Ukrainians here, it's important for us to protect the rights of our people. And that's why we welcome this report and the call to use the European Social Charter as a foundation of rights that cannot be undermined by any national law.

We must ensure that every worker has access to social guarantees in our countries. To tell the truth, life and work in your countries is safer than in Ukraine because of everyday missile attacks. And that's why we ask you to support our people in your countries and we ask you to support Ukraine, especially the military. And also we ask you to help us to start the Special Tribunal for the Crime of Aggression against Ukraine.

And also, very important information, we thank you, we thank your governments for today's decision, this 90 billion European credit for the Ukrainian budget, for the Ukrainian Armed Forces, for Ukrainian soldiers. It's very important for us, it's very crucial. We need this money to pay salaries for our teachers, for our doctors, medicines, social needs.

Thank you very much for your support.

Thank you.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

17:03:24

Thank you.

I now call Mr Emmanuel FERNANDES.

You have the floor.

M. Emmanuel FERNANDES

France, GUE

17:03:31

Thank you, Chair.

First of all, I would like to thank the rapporteur for the quality of her work. This is a particularly important report, and the many recommendations it contains are both ambitious and highly relevant. They make a concrete contribution to the defence of workers' rights, in a context where workers are under great pressure.

I would like to recall here the words of Mr George KATROUGALOS, our former Chair of the Group of the Unified European Left and former Greek Minister of Labour, who said in his motion for a resolution adopted in 2023, which is quoted in the report: "Social dumping is an unfair practice, contrary to the European social model, which undermines hard-won local working conditions".

This quotation sums up perfectly what is at stake in the report we are examining today: protecting social rights, preventing downward competition and guaranteeing decent working conditions throughout Europe. We must also remember the fundamental role of the European Social Charter, which is one of the pillars of the Council of Europe.

It guarantees essential rights: the right to fair working conditions, health and safety at work, equality between women and men, and protection against poverty. This text is not merely declaratory, it must be fully implemented in our member states. The social reality remains worrying.

Take deaths at work, for example. In France, the figures are catastrophic. In 2025 in France, 1,297 people will have died from work-related causes and 764 people will have died from accidents at work. That's five more than in 2023, and 26 more than in 2022, bearing in mind that these figures are largely underestimated. This situation is all the more worrying given that several trade unions are denouncing a deterioration in prevention since the abolition of specific safety bodies, in particular the Health, Safety and Working Conditions Committees (CHSCT), and are calling for more resources to protect workers.

This clearly shows that health and safety at work must once again become a political priority. We also need to talk about pay inequalities between women and men in equal positions. Despite the progress announced, the gaps persist.

In 2023, women's average pay was still 14.2% lower than men's for the same working hours. This is a democratic and economic scandal. Democratic, because it violates the principle of equality. Economic, because it deprives our societies of considerable potential.

So this report reminds us of the obvious: defending social rights, combatting social dumping, guaranteeing equality and safety at work – this is not just a technical issue, it's a question of justice and dignity.

Thank you very much.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

17:06:39

Thank you. I call Ms Manuelle OUDAR. You have the floor.

Mme Manuelle OUDAR

Canada

17:06:46

Thank you, Mr Chairman.

Dear Colleagues,

I would like to pay tribute to the excellent work of the Rapporteur, Valérie PILLER CARRARD, in this report, and I would like to thank my colleagues from the Canadian delegation for being here with me.

While national policies, Mr President, play a fundamental role in combating social dumping and labour exploitation, they are more far-reaching and effective when they form part of a solid international legal and regulatory framework.

In this respect, the concrete contribution of international instruments is decisive. The conventions of the International Labour Organisation, the standards of the United Nations, but also the European directives and the conventions of the Council of Europe, are essential benchmarks for the protection of workers' rights.

European standards do not stop at the continent's borders. They exert a positive influence well beyond Europe, including in Canada, where they nourish and fuel efforts to combat labour exploitation. And for that, colleagues, I thank you. Your work here is an inspiration to us in Canada.

I would like to highlight three key elements of the report discussed today that we fully endorse.

Firstly, strong collective bargaining and the free exercise of trade union activities are decisive levers. In this respect, it is important to denounce legislation that restricts the rights of association.

Secondly, the central role of co-operation, including at the international level, to ensure full respect for the socio-economic rights of all.

Finally, effective mechanisms to protect whistleblowers are absolutely essential if we are to be able to report situations of exploitation without fear of reprisals.

To conclude, allow me to cite as an example the work of the Commission des normes, de l'équité, de la santé et de la sécurité du travail du Québec (CNESST), which in 2022 was awarded the United Nations Prize for its excellent public service. A joint institution dedicated to the promotion of labour rights and obligations, sustainable prevention and the well-being of workplaces, which I had the honour of leading for more than 8 years. It's an institution with a joint board of directors, where management and labour sit at the same table.

Dear Colleagues,

This type of organisation, which advocates healthy and respectful social dialogue, must be fully encouraged and mobilised. At a time when the world of work is changing and certain vulnerabilities are increasing, let us never forget that protecting workers must remain our priority.

Thank you all very much.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

17:09:49

Thank you.

That concludes the list of speakers.

I call Ms Valérie PILLER CARRARD, the Rapporteur, to reply.

You have 3minutes.

Mme Valérie PILLER CARRARD

Suisse, SOC, Rapporteure

17:10:03

Thank you, Mister President.

Dear colleagues,

I would like to thank you for your speeches and for your support for this report.

As you have pointed out, social dumping and labour exploitation undermine the European social model, infringe workers' fundamental rights and create unfair competition between companies. These practices particularly affect the most vulnerable workers, especially migrant workers, workers on secondment or those employed in precarious sectors.

I would perhaps just like to respond to a few comments, in particular those made by our colleague Mr Adam BALTEN, when he spoke of too much bureaucracy for small and medium-sized enterprises (SMEs), and then the perhaps particular case of Switzerland.

I would like to remind you that I have gone through the various regulations again, point by point, to see if there was really any additional regulation in this report. I have to say that I didn't find any. What we are asking is that current law be applied in the various countries.

It's a shame because Mr Adam BALTEN isn't listening to me, but never mind. Perhaps he'll read the minutes again.

So it's just that the data in this report doesn't involve any additional regulation or bureaucracy for businesses. What we are asking is that existing legislation be applied in a very practical way and that controls be stepped up. And I think that these are elements that came out quite positively in the various speeches.

Mr Ricardo CARVALHO mentioned the issue of distortion of competition. And this is a point that was also close to my heart, the fact that this element is mentioned in the report, is to highlight the good practice of companies, because, fortunately, most companies, and small and medium-sized companies, respect these workers and act correctly.

I think we also need to recognise those companies that do such remarkable work and which, unfortunately, are sometimes lumped together with companies that exploit their employees.

But for me, it's also important to value these companies. The report is not intended to place additional burdens on these companies. Quite the contrary. I think there should be some sort of label to indicate which companies respect fundamental rights.

Today we had another opportunity, at a joint meeting between the Social Affairs Committee and the Committee on the New Democratic Pact, to discuss and hear speakers explain how social injustice and inequalities, which are still growing, could also undermine our democracy.

And I think that this report also clearly provides a response in terms of strengthening our democracy, through the measures set out in the report.

Perhaps just to conclude, the really final objective of this report is twofold for me. On the one hand, it is to guarantee decent working conditions for all, and on the other, to preserve fair economic competition within the European Union. For me, the fight against social dumping is not just a question of labour law, it is also a question of social justice, cohesion and democratic stability.

In conclusion, I would also like to thank the entire team at the Commission Secretariat, in particular Ms Aiste RAMANAUSKAITE, for their support and excellent work in drawing up this report.

I would also like to thank the various speakers who have supported and continue to support this report.

Thank you very much.

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

17:14:16

Thank you.

Does the Vice-Chairperson of the Committee, Ms Carmen LEYTE, wish to speak?

You have 3 minutes.

Mme Carmen LEYTE

Espagne, PPE/DC, Vice-Présidente de la Commission des questions sociales, de la santé et du développement durable

17:14:28

Thank you.

I'll be speaking the language of Cervantes, Spanish.

Thank you very much for this very interesting debate.

I'd like to thank all of the colleagues who have contributed to our discussion. 

I'd like to extend a special word of thanks to the rapporteur, Ms Valérie PILLER CARRARD, for the extremely comprehensive and well-documented report she has put forward, with a whole series of proposals.

Social dumping and labour exploitation undermine dignified work, affecting millions of vulnerable workers in Europe.

These people live and work all around us, but they don't enjoy the same fundamental social rights and protections as the majority of regular workers.

Moreover, in some cases, they're faced with forced labour, victims of the practice of human trafficking. Their lives can be endangered by it because of a lack of health and safety measures at their workplaces. These people are invisible within the existing system.

Social dumping and labour exploitation is also something which undermines the economy and initiates a race to the bottom, undermining equality of conditions and damaging those companies which work responsibly.

This report underlines the hypocrisy of exploitative economic systems which try to maximise profits for the few, at the expense of the many, the workers.

This leads to unfair competition and damages public finances.

By not paying the same pay for equal work, some economic actors take a short-term view, but everybody loses in terms of social cohesion.

When it comes to social justice and illegal actions, we should be promoting responsible investment in social capital.

How do we do this?

We can base ourselves on the series of proposals set out in today's report.

We can start by seeing how existing policies works in practice, guaranteeing equal opportunities and non-discrimination between workers, if properly implemented, together with incentives, encourage social partners to be actively involved in scrutiny.

We have to ensure that we have sufficient labour inspectorates, and the rapporteur is quite right in calling on member states to ensure that they use the European Social Charter reference framework, and other international instruments so as to ensure that socioeconomic rights apply to all people who live and work in our countries.

National parliaments can support this effort by helping improve implementation of the Charter.

The majority of its provisions refer to dignified work. The Reykjavík Summit and the High-Level Conference on Social Rights in Chișinău reiterate our commitment to social rights, underpinned by a promise to promote democracy, good governance and social justice.

This is an important message from this report to our countries. Make sure that these proposals come to the attention of governments and parliaments.

All of us have a duty to act on this.

Thank you very much.

Vote : Lignes directrices européennes pour combattre le dumping social et l'exploitation par le travail

M. Sigurður Helgi PÁLMASON

Islande, SOC, Président de l'Assemblée

17:17:35

Thank you. The debate is now closed.

The Committee on Social Affairs, Health and Sustainable Development has presented the draft resolution, Document 16371, to which no amendments have been tabled, and a draft recommendation to which no amendments have been tabled.

We will now proceed to vote on the draft resolution, Document 16371. A simple majority is required.

The vote is open.

The vote is closed.

I call for the result to be displayed.

The draft resolution, Document 16371, is adopted.

We will now proceed to vote on the draft recommendation contained in Document 16371. A two-thirds majority is required.

The vote is open.

The vote is closed.

I call for the result to be displayed.

The draft recommendation, Document 16371, is adopted.

Débat : La protection du droit d’auteur dans l’environnement de l’intelligence artificielle

M. Marko PAVIĆ

Croatie, PPE/DC, Président de l'Assemblée

17:20:44

Thank you very much.

The next item of business this afternoon is the debate on the report titled "Copyright enforcement in the artificial intelligence environment, presented by – thank you, colleagues – presented by Mr Mogens JENSEN on behalf of the Committee on Culture, Science, Education and Media.

We will begin with Mr Mogens JENSEN.

Rapporteur, you have 7 minutes now and 3 minutes in total to reply to the debate. Mr Mogens JENSEN, the floor is yours.

M. Mogens JENSEN

Danemark, SOC, Rapporteur

17:21:24

Thank you very much, Mister President.

Dear Colleagues,

In recent times, the regulation of artificial intelligence (AI) has become a subject of much discussion, and Europe has actually been a trailblazer in this area from the beginning.

The Council of Europe has adopted a Framework Convention on Artificial Intelligence, and the European Union has adopted the AI Act. These two legal instruments represent important steps in the regulation of AI systems. There is, however, a fundamental aspect that Europe has failed to address. And I am talking about copyright.

Copyright law is intended to safeguard the rights of authors and other rightsholders. However, at present, copyright law does not offer adequate protection against AI companies that are based outside of Europe and do not always have our best interests at heart.

We have to do something. The state of affairs has to change. By not acting now, we are failing the whole creative sector in Europe, and without this sector there will be no European culture at all. Of course, it is inevitable that the emergence of new technologies will render old rules obsolete.

Since Johannes GUTENBERG's invention of the printing press, new technologies have transformed the production and exploitation of creative content. In turn, each of these developments required the intervention of legislators to ensure that the rights of creators were not disadvantaged or simply ignored.

Now, the advent of the artificial intelligence era has brought a particularly challenging set of problems. And one of these particular problems concerns copyright and represents an existential threat for the creative sector.

It is important to understand that, in order to train their AI systems, tech companies are scraping the internet, making millions of copies of digital content that is very often copyrighted. Unfortunately, tech companies take advantage of an exception to copyright for so-called text and data mining. And thanks to this exception, they do their digital harvesting without asking for permission and without paying their due. This is, of course, wrong.

Exceptions to copyright for the benefit of AI training deprive copyright holders from both control and remuneration over their works. This is not only wrong, it’s unfair. And it is not even clear if this exception for text and data mining applies to AI training. So, this is not only wrong and unfair, it’s probably illegal. It is for all these reasons that we need to introduce new rules that protect creators’ rights and remunerate them adequately.

Let me now draw your attention to another important legal issue. Deepfakes. As you know, deepfakes are images, audio or video content that resemble reality and would falsely appear to a person to be authentic or truthful. Deepfakes are not necessarily harmful and can be used for legal purposes, such as parody.

However, if misused, they can affect a number of fundamental rights. For example, freedom of expression and information. As you know, deepfakes can be used for disinformation purposes and to manipulate public opinion in electoral processes. Deepfakes can also violate personality rights by misusing a person’s image and voice.

One potential tool against the pernicious effects of certain deepfakes is AI literacy. Certainly, users need the skills to identify AI-generated content. However, that is not enough. Further protective measures must be implemented, and the role and responsibilities of internet operators must be clarified.

In order to help solve all these problems, I have made a number of proposals in my report. From a general standpoint, Council of Europe member States must ensure that innovation is not achieved at the expense of creators, and protect citizens and democracy against the abuse of AI tools.

In particular, member states should, and I have a number of recommendations, clarify in their national legislation that text and data mining exceptions are not applicable to the training of AI systems. They should sign and ratify the Council of Europe Framework Convention on Artificial Intelligence. They should require that providers of AI systems disclose training data so that rightsholders can assert their rights for any unauthorised use of their content. They should introduce in their national legislations a legal presumption in favour of creators in cases where AI systems do not comply with transparency requirements. They should introduce fair remuneration rules and support collective licensing schemes. They should allow a negotiating party to make a request for binding arbitration to the relevant national ministry. They should require that content generated by AI systems are labelled as such in a way that is machine-readable, interoperable, and easily identified by human beings. They should require that the unauthorised distribution of deepfakes is considered illegal in their national legislation. They should require that performers and artists are protected against the unauthorised distribution of deepfakes of their performances. Finally, they should promote AI literacy. Regarding AI providers, they should provide transparency of data used for AI training, and show openness to dialogue and good will in negotiations with rightsholders.

Dear colleagues,

I hope that this report will meet your approval and I thank you for your support.

M. Marko PAVIĆ

Croatie, PPE/DC, Président de l'Assemblée

17:28:35

I thank the rapporteur.

We now follow on with the speakers on behalf of the political groups. I remind members that the time limit is three minutes.

The first is Mr Christophe BRICO on behalf of the Group of the European People's Party.

M. Christophe BRICO

Monaco, PPE/DC, Porte-parole du groupe

17:28:52

Thank you, Mr Chairman.

Mr Mogens JENSEN's report is quite comprehensive on the subject and the issues involved.

Nevertheless, I would like to emphasise a few points.

The first, and perhaps the most important, is the issue of intellectual property. We can't stress this enough, but artificial intelligence, or in any case what is known as generative artificial intelligence, simply amasses an enormous mass of data and reuses it to provide synthetic answers using statistics. It's a bit complex, but let's just say that, basically, it doesn't create anything, it just uses the creations of others. And as such, we need to ensure that the intellectual rights of creators are respected.

Then, as Mr Mogens JENSEN mentioned in his speech, there is the relationship with a much more fundamental right, which is the dignity of the individual, particularly when artificial intelligence is used to produce deep fakes, putting certain people in situations that do not always honour or respect their dignity.

Finally, and this is also mentioned in the report, I would like to draw the House's attention to the fact that we are talking about a huge economy here. We should remember that Mr Thierry BRETON, former European Commissioner for Industry, and four other senior European officials are currently being sanctioned by the United States for having tried to regulate the European tech market, and in particular the social networks, which are all working on artificial intelligence models.

So we need to be vigilant. It can be a formidable tool, but it's only a tool, and it carries with it as many advantages as threats.

Thank you very much.

M. Marko PAVIĆ

Croatie, PPE/DC, Président de l'Assemblée

17:30:51

Thank you, Mr Christophe BRICO.

I call now Ms Cristina Gabriella DUMITRESCU on behalf of the European Conservatives, Patriots & Affiliates. The floor is yours.

Mme Cristina Gabriella DUMITRESCU

Roumanie, CEPA, Porte-parole du groupe

17:31:01

Thank you, Mister President.

Congratulations on the report.

Lately, the most frequent question that comes to our minds when we scroll through social media is: original or Artificial Intelligence (AI)? Deepfakes are a subject of widespread concern, also.

Experience with previous generations of digital copyright enforcement shows that mechanisms designed to protect rightsholders may, in practice, result in the removal or repression of legitimate expression, including journalistic, educational, scientific and satirical content. An express safeguard to this effect, placed alongside the enforcement measures, is an essential element of a human-rights-compliant framework.

The protection of authors and other rightsholders and the legitimate interests of the public in access to knowledge, education, scientific research, journalism, information and cultural participation are complementary, and measures adopted in protection of the one should not unduly restrict the other.

The Parliamentary Assembly of the Council of Europe must recall that copyright protection concerns, at its foundation, the dignity of the human person, the recognition of creative labour, and the diversity of cultural expression on which democratic societies rely, and that the rights at stake in the context of artificial intelligence cannot be reduced to industrial or purely economic interests.

The issue addressed by the draft resolution is framed almost exclusively from the perspective of rightsholders. However, large-scale web scraping inevitably processes personal data relating to persons who do not hold copyright, including, in some cases, particularly sensitive information. A human-rights resolution of the Assembly should not be silent on the position of those persons, who are often the most vulnerable and the least able to assert their rights.

The Assembly must invites the Committee of Ministers to consider the elaboration of a binding pan-European instrument, open to signature by non-member States, establishing common minimum standards in the areas covered by this resolution, so as to prevent the fragmentation of protection and the displacement of accountability through the location of training, deployment and commercial exploitation in different jurisdictions.

Without a doubt, many people are happy with the help offered by AI, but copyright issues for AI-generated products is a topic far from being resolved.

Thank you.

M. Marko PAVIĆ

Croatie, PPE/DC, Président de l'Assemblée

17:34:07

Thank you very much.

I call now Ms Valentina GRIPPO on behalf of the Alliance of Liberals and Democrats for Europe.

Mme Valentina GRIPPO

Italie, ADLE, Porte-parole du groupe

17:34:13

Thank you Chair. I speak in Italian.

Dear Colleagues,

First of all I would like to congratulate the rapporteur Mr Morgens JENSEN on a courageous and timely report.

In a few months' time, as everyone can see by now, this will happen: a girl will type a sentence on a screen and receive a novel written especially for her, in the style she prefers. A boy will ask for a film and the film will be there, with the actors he loves, only that story will never have been filmed, those actors will never have acted. A song, an essay, a comic book, a painting: all at the touch of a prompt, personalised, virtual. It's not science fiction, it's already happening, it's next season.

The point is not whether we like it, the point is that that song, that novel, that film will not be born from nowhere, invented by artificial intelligence: it will be born from millions of real books, written by real writers, ingested without permission. That film will come from thousands of real films, disassembled and reassembled without licence. That song will be mixed with the voice and sweat of musicians who do not even know they have been used. So will the images of the actors, the voices of the voice actors.

The report we are voting on today lines up these truths boldly and I support it wholeheartedly.

How can this inexorable process be countered? Three things are needed: transparency on training data, because without knowing what was used no one can defend themselves; presumption of infringement when that transparency is lacking, because those who do not show their cards cannot invoke good faith; and fair remuneration through collective licensing and binding arbitration when the tech giants refuse to follow the rules.

Let me add one thing: we are told that machines learn like students in libraries, and that they therefore deserve not to pay royalties, to enjoy the same exception as students and readers who make non-profit use of a piece of content. This is not true. A student reading a book enriches those who wrote it, because they become one more reader. A machine reading a book learns to replace the author. It is not the same gesture, not the same action.

Mister President and colleagues,

The real question is not whether artificial intelligence will produce novels, films, songs. It will, and soon. The question is whether there will still be someone in that world who writes a novel for the first time.

This is an Assembly that does not deal with the market, it deals with fundamental rights, and creativity, the voice of those who create, are fundamental rights.

In Europe, the very concept of copyright was born with the advent of Mr Johannes GUTENBERG'S printing press. Even today we can be pioneers, because let us always remember that defending authors is not only about protecting the property rights of those who make creativity their profession, but it is also and above all about recognising the public and social value of culture, beauty and creativity.

M. Marko PAVIĆ

Croatie, PPE/DC, Président de l'Assemblée

17:37:37

And I call Ms Sevilay ÇELENK on behalf of the Group of the Unified European Left. The floor is yours.

Mme Sevilay ÇELENK

Türkiye, GUE, Porte-parole du groupe

17:37:46

Thank you, Chair. Thank you, Rapporteur.

We really appreciate this much needed report.

Artificial intelligence is not arriving: it has already arrived. And it is reshaping every domain of human life faster than our frameworks can keep pace.

This brings real possibilities, but also consequences we cannot afford to ignore. In cinema, literature and journalism, a fundamental question now confronts us. What does authenticity mean when originality itself has become technically reproducible?

The question is no longer philosophical, it is political and economic. People are losing their livelihoods. Creative labour is being systematically devalued. The boundary between human thought and algorithmic output is dissolving quietly, rapidly and without adequate resistance.

This matters beyond the economy. Democracy doesn't survive on institutions alone; it breathes through art, culture and the capacity for independent thought. When authenticity erodes, democratic debate weakens, because democracy is nourished by difference, not by repetition.

This is precisely why the report before us matters. It identifies the imbalance, transparency of training data, consent of rights holders, fair remuneration and collective licencing. These are not administrative details; they are conditions for justice. The presumption of infringement, where transparency is absent, is a particularly significant step, one that finally begins to correct the structural powers' asymmetry. Clear labelling of AI-generated content and protection against digital imitation are equally essential, not only for creators, but for public trust itself.

But I want to go further. What happens when artificial intelligence doesn't merely use human work, but imitates human sensibility? When emotion, narrative and style are all reproducible, what remains irreducibly ours? This isn't only a question about weights or markets. It is a question about whether we are prepared to surrender the very faculties that makes us human. Regulation is therefore not optional. It is a democratic obligation, but it must be grounded in ethics and sustained by education. If we fail here, the loss will not only be economic.

As a group, we consider it our duty to sound this critical warning. We will live with artificial intelligence, that is certain. But we will do so standing upright, and we will do so protecting ourselves. Thank you. 

M. Marko PAVIĆ

Croatie, PPE/DC, Président de l'Assemblée

17:41:04

Thank you.

And I call Ms Bisera KOSTADINOVSKA-STOJCHEVSKA on behalf of the Socialists, Democrats and Greens Group. The floor is yours.

Mme Bisera KOSTADINOVSKA-STOJCHEVSKA

Macédoine du Nord, SOC, Porte-parole du groupe

17:41:12

Thank you, Mister Chair.

Copyright enforcement in the artificial intelligence environment has become a central issue within the broader framework of intellectual property rights. As artificial intelligence (AI) systems increasingly rely on large-scale datasets to train models, they often incorporate copyrighted materials such as books, images, music and software. This creates tension between innovation and the legal protections granted to creators, raising questions about how existing intellectual property laws should be applied or reformed.

A key concern is whether the use of copyrighted works in AI training constitutes infringement or falls under exceptions such as fair use. In jurisdictions like the European Union, text and data mining exceptions allow certain uses of protected content, but these are often limited and subject to conditions. By contrast, the United States relies more heavily on flexible doctrines like fair use, creating legal uncertainty for both developers and rights holders.

Enforcement is further complicated by the opaque nature of AI systems. Many companies, including OpenAI and Google, do not fully disclose the datasets used to train their models. This lack of transparency makes it difficult for creators to identify whether their intellectual property has been used without authorisation, limiting their ability to seek legal remedies.

Additionally, AI-generated outputs may reproduce elements of existing works, sometimes closely enough to raise infringement concerns. Determining liability in such cases is complex: responsibility could lie with developers, users, or intermediaries, depending on how intellectual property law is interpreted and enforced.

To address these challenges, policymakers and stakeholders are exploring new mechanisms, including licensing schemes for training data, collective rights management, and technological solutions such as watermarking and content tracking. Strengthening copyright enforcement in the AI era will require adapting intellectual property frameworks to ensure that creators are fairly compensated while still enabling technological progress and innovation.

That is why I call on all of you to support this report. 

Thank you.

M. Marko PAVIĆ

Croatie, PPE/DC, Président de l'Assemblée

17:43:33

Thank you very much. 

Now we go to the speakers' list. 

I call on now Mr Francesco VERDUCCI from Italy. The floor is yours.

M. Francesco VERDUCCI

Italie, SOC

17:43:45

Let me also thank my colleague Mr Mogens JENSEN for this work.

Mr President,

We know how devastating the impact of artificial intelligence can be for creative arts workers in the absence of rules. We have an obligation to prevent Big Tech from disposing of other people's labour in order to accumulate capital that only remains in private hands.

I am thinking first of all of the imbalance that exists between the weakness of those who produce content and the overwhelming power of the platforms that distribute and monetise it. But the wealth created by creative work must go back to the workers, be redistributed to authors, performers, workers. It cannot just be profit for multinationals, on the backs of those who work and those who create.

Redistributing means first of all recognising creative work, building universal welfare for jobs that today have no protection, and I want to be clear, the point is what cultural and economic model we want for Europe in the digital era, because culture is not only an economic multiplier, a creator of jobs, it is first and foremost the material on which our democracies, pluralism, ideas and participation are nourished.

So I think we must first of all support and relaunch the European principle that encapsulates all this, which is the cultural exception, the principle of autonomy, independence, freedom of culture, which must not be subject to the market. There are products that must be able to exist outside the market, because they are a fundamental public good. And defending the cultural exception from the domination of algorithms, from the distorted use of artificial intelligence, means having rules. There cannot be a system of entertainment multinationals alone, independent productions must be able to exist, new voices, new generations must be able to emerge.

And then there are specific, urgent issues, I only want to mention two here.

The first is that of the exploitation of images. It concerns actors, but it concerns everyone, because we are all constantly filmed by cameras: we must demand the protection of biometric data, it is a question of freedom.

The second issue is that of the replacement of entertainment workers by synthetic characters. This puts the entire supply chain, the entire ecosystem: authors, performers, technicians, workers at risk. This is already happening today, especially in the advertising sector.

President, I will conclude in a word. We must defend what is most important to us: our humanity, our diversity, not the authoritarian standardisation of algorithms, the creativity of human thought, of what we are, because rights and democracies are not the children of technology, but of our human intelligence.

Thank you President.

M. Marko PAVIĆ

Croatie, PPE/DC, Président de l'Assemblée

17:47:04

"Many thanks" [spoken in Italian]

I call now Ms Despina CHATZIVASSILIOU from Greece. I don't see her here. Thank you.

Then we move further to Ms Minna REIJONEN from Finland. The floor is yours.

Mme Minna REIJONEN

Finlande, CEPA

17:47:26

Thank you, Mister Chair.

Artificial intelligence (AI) is no longer the future, it is part of everyday life. AI is used to create texts, images, musics, and even write code. But what happens to copyright? Technology has developed faster than our laws, and only now are we starting to think about many problems related to AI.

The basic idea of copyright is simple. It protects the creator of creative work and ensures they get credit and possibly payment for their work. AI challenges this idea. Who is the creator? The AI or the person who gives the command?

Another important copyright issue is learning.

AI is trained on huge amounts of data, which often includes copyrighted material like books, images, and articles. Without this data, AI would not develop as quickly. But is this development happening at the expense of the original creators? We need more transparency about how AI is trained.

However, I am most concerned about how AI creativity can be used for propaganda. False information can now be created faster than ever, because images and videos have become very realistic in a short time. This challenges our media literacy and makes us doubt what we see. I am sure that, for example, Russia will take full advantage of this opportunity. It concerns how little we know for example about election influence. Will we ever know how much it affects our elections?

We really need to think about how to respond to the challenges of AI with laws more quickly. Right now, making laws at the same speed as technology is slow and difficult.

Thank you.

M. Marko PAVIĆ

Croatie, PPE/DC, Président de l'Assemblée

17:50:19

Thank you very much. I call now Ms Olena MOSHENETS from Ukraine. The floor is yours.

Mme Olena MOSHENETS

Ukraine, ADLE

17:50:29

I would like to thank the rapporteur for his detailed document and for raising the issue of copyright in the context of the development of artificial intelligence.

For my country, Ukraine, the issue of regulating AI is not only about legislative changes, but also about the state’s resilience in a hybrid war.

The text of the proposed resolution pays special attention to deepfakes. It is important not to underestimate their impact on our democracies and sovereignty. In the hands of the Russian regime, deepfakes are a tool for information attacks aimed at dividing the country, discouraging people, creating hostility in society, and undermining the state’s defence capabilities. The Center for Countering Disinformation has documented over 30 000 cases of Russian disinformation in the Ukrainian space since the full-scale invasion. AI is used to create manipulative content, for example, featuring generated soldiers, who speak of a so-called collapse, and ordinary people, who ask for territorial concessions.

Unfortunately, the list of such examples goes on and on. And this is not just a challenge for Ukraine. Russian deepfakes pose a threat to all civilised democratic countries: in Moldova, Russian deepfakes attempted to undermine democratic elections; in Poland, they tried to spread anti-European attitudes; and in Hungary, pro-Russian manipulative videos ahead of the elections were aimed at undermining the image of Ukrainian refugees.

AI is becoming more intelligent and generated content is becoming more realistic, so we should support the proposed resolution on the appropriate labelling of AI-generated content.

The resolution also emphasises media literacy. Developing information literacy is a crucial way to prepare society for the challenges and opportunities associated with the development of AI technologies.

In Ukraine, the government portal “Diya. Osvita” is available, offering free access to expert educational series. In particular, the platform features a series on the use of AI in creative industries. Experts discuss the ethical and effective use of AI in the workplace, as well as data protection. Another series teaches the public to recognise AI-generated fakes.

We could spend a long time debating the benefits and harms of AI, but this tool has already become an integral part of our daily lives.

I ask you to support the resolution.

Thank you.

M. Marko PAVIĆ

Croatie, PPE/DC, Président de l'Assemblée

17:53:22

Thank you very much.

I call now Ms Sibel ARSLAN from Switzerland. The floor is yours.

Mme Sibel ARSLAN

Suisse, SOC

17:53:30

Thank you very much, Mister President.

Dear colleagues,


I would like to thank the rapporteur for this important and well-crafted report. It comes at exactly the right time. We are at a pivotal point in the digital revolution, where artificial intelligence (AI) is fundamentally transforming our lives, our social interactions and our legal frameworks.

Whilst there are many positive effects, the negative aspects must not be overlooked. The challenges posed by deepfakes are particularly worrying. This AI-generated content can be creative and helpful, but it can also cause great harm by spreading disinformation and infringing on personal rights.

Recent reports, including from Switzerland, show just how seriously these technologies threaten our information, integrity and personal rights. In two Telegram forums, at least 72 deepfakes, featuring 14 Swiss influencers, were published and were freely accessible. Five of them have filed complaints regarding fake nude images and deepfake pornography.

However, existing laws are inadequate and do not provide sufficient protection in this dynamic, often unregulated, world of AI.

We urgently need a clear legal framework that both protects creative interests and effectively addresses the dangers of deepfakes. It is also time for us, as legislators, to take action. Only through a proactive approach can we ensure that innovations in the field of AI do not come at the expense of personal rights and social integrity.

Thank you very much.

M. Marko PAVIĆ

Croatie, PPE/DC, Président de l'Assemblée

17:55:48

Thank you very much.

I call now Ms Marianne BINDER-KELLER from Switzerland.

The floor is yours.

Mme Marianne BINDER-KELLER

Suisse, PPE/DC

17:55:59

Dear Chair, dear colleagues, I would like to speak in German.

In this day and age, programmes such as ChatGPT create promises and the feeling of being exposed to an unknown danger. This according to Mr Noam CHOMSKY, the American linguist, who wonders: can artificially created products think like humans, conceptually and with logical conclusions? And do such AI machines have similar rights to humans if they are conscious? Mr Noam CHOMSKY famously complained about the loss of intellectual property. People with brains think, machines do. Who owns the thought now, who owns the brain? Who owns the thoughts of artists and scientists? Who exactly owns the thoughts of creative people?

I don't want to go into any more detail about whether AI is a blessing or a curse. Apart from that, artificial intelligence is not completely new. We have slowly and insidiously become accustomed to no longer researching in university libraries and footnoting every sentence of every work with the source and author. We do our research online. Nevertheless, every thought has to be checked for accuracy. That is intellectual honesty.

But it is a fact that knowledge is being perverted in times of deepfakes and propaganda. And propaganda is known to destroy democracies, constitutional states and our security. Mr Vladimir PUTIN demonstrates it every day, this destruction of the rule of law and international law through the destruction of brains by means of propaganda.

And with this in mind, I would like to thank the authors of these proposals, this report. They have drafted laws for our countries, where we are all at home, and made proposals on how to implement such protection of intellectual property in national laws. And for this, for these instructions, for these ideas, I thank you from the bottom of my heart. So we can go home with peace of mind and implement what we have decided here.

M. Marko PAVIĆ

Croatie, PPE/DC, Président de l'Assemblée

17:59:06

Thank you [spoken in German].

I call now Ms Ivanka VASILEVSKA.

I don't see her connected. Is she? You're here. Please insert your card.

Okay, the floor is yours.

Mme Ivanka VASILEVSKA

Macédoine du Nord, PPE/DC

17:59:23

Honourable Chair,

Distinguished delegates,

In my country, the effort to uphold cultural diversity, freedom of expression and access to information while ensuring effective enforcement of copyright stand as a central pillar of its European Union accession process.

This balance is not merely a legal or technical requirement. It is a reflection of the country's broader democratic transformation and its commitment to European values.

As of 2026, the Republic of North Macedonia has made notable progress in aligning its intellectual property framework with international and European standards. The primary legislative instruments, including the Law on Copyright and Related Rights and the Law on Industrial Property, provide a solid legal foundation.

Ongoing harmonisation efforts are focused on implementing relevant EU directives, particularly in the field of collective rights management and the extension of protection periods for phonogram producers and performers.

These reforms are further supported by the National Strategy for Intellectual Property 2022-2026, which aims to address long standing gaps in enforcement and institutional coordination.

However, legislation alone is not sufficient. Effective enforcement must operate in tandem with the protection of fundamental rights, especially freedom of expression. Corporate law, when properly implemented, serves as an enabler of cultural production by ensuring that creators are fairly compensated for their work.

In my country, this principle has been increasingly recognised through targeted public investments. For instance, recent increases in funding for the film sector and creative industries demonstrate a strategic commitment to strengthening national cultural output and promoting it internationally.

At the same time, safeguarding freedom of expression remains a priority. Initiatives such as the joint European Union and Council of Europe programme on protecting freedom of expression and media freedom have played a significant role in this regard. These efforts aim to enhance the safety of journalists, align judicial practises with European Court of Human Rights standards, and reinforce the independence of regulatory bodies in the audiovisual sector. Such measures are essential in ensuring that copyright enforcement does not become a tool for restricting critical voices or limiting access to information.

My country's experience illustrates the complexity of balancing copyright enforcement with fundamental freedoms.

The path forward requires not only continued legal harmonisation with European standards, but also a firm commitment to proportionality, transparency and the rule of law.

Thank you.

M. Marko PAVIĆ

Croatie, PPE/DC, Président de l'Assemblée

18:02:28

Thank you very much.

I now call Mr Ričards ŠLESERS from Latvia.

The floor is yours.

M. Ričards ŠLESERS

Lettonie, NI

18:02:37

Thank you, Chair.

Colleagues,

Let's be direct about the situation we're facing. Since the printing press, every new technology has changed how we create. But the AI era isn't just another step. It is a particularly challenging shift that we are currently not ready for. Right now, AI companies are fuelling their data-hungry systems by taking whatever they find online. They are using the life's work of our artists and journalists as free raw material, without asking for permission and without paying a single euro to the people who actually created it. The system we have is failing.

Our current rules, the text and data mining exceptions, were written before generative AI was even a reality. These rules put the entire burden on the creator to opt out of being exploited. It is a system that works for tech giants in the US and China, but leaves European creators and smaller competitors at a massive disadvantage.

This is about more than just business. It is about the sustainability of news and the health of our democracy. We are seeing the rise of deepfakes that can manipulate elections or violate the privacy and dignity of our children. We need a framework that puts the power back in the hands of creators.

First, we need transparency. If a creator, if a company won't show what data they used, the law should presume that they used copyrighted material. We must shift the burden of proof onto the tech companies, not the creators.

Second, we need a path to fair pay. We should introduce a fast-track process for binding negotiations so that platforms are forced to reach a fair final agreement with local publishers and artists. We cannot let platforms hide behind years of expensive litigation while our media outlets go under.

Third, we must protect our citizens. It should be illegal to distribute realistic digital imitations of a person's voice or image without their consent.

Colleagues, AI poses an existential threat to European culture as we know it. We cannot allow innovation to be built on a foundation of unpaid labour. Let's ensure technology serves our creators, not the other way around. But let's be honest, the AI bible is still being written and new loopholes will be discovered by these AI giants. This technology is in its infancy and we must act now. Act fast. Otherwise, if we don't react swiftly, it could already be too late.

I urege you to support this resolution. Thank you.

M. Marko PAVIĆ

Croatie, PPE/DC, Président de l'Assemblée

18:05:50

Thank you very much. I call now Ms Chi NGUYEN from Canada. The floor is yours.

Mme Chi NGUYEN

Canada

18:05:58

Thank you very much, Mister President.

Colleagues,

I would like to thank Mr Mogens JENSEN for bringing forward many challenging issues related to copyright in this fast-changing artificial intelligence (AI) environment.

What we are discussing today is not theoretical, it is shaping the way creators work, how people are represented and how trust becomes built or lost online.

It is already happening in many ways that people cannot see and have no control over. Artists and creators are seeing their work used to train AI systems, often without their knowledge, without their consent, and without compensation.

In some cases, their life's work is being used, and all they are left with is a sense that something personal has been taken with no way to get it back.

We hear this clearly in Canada. Our arts sector has raised, time and time again, that their work is being used to train AI systems, often without their knowledge. And at the same time, they are being asked to compete with the outputs of those very systems.

That is the tension at the heart of this report.

As Mr Mogens JENSEN concludes in his report, AI could pose "an existential threat to Europe’s creative sector and European culture as a whole" particularly if we do not get this balance right, and as current legislative tools struggle to keep pace.

I believe that the same conclusions could apply to Canada, and I would like to offer a Canadian perspective on them.

The Canadian Copyright Act stems from our two legal traditions: the United Kingdom’s common law and France’s civil law. But, like in Europe, it is grounded in a core principle: that creative work is tied to a human author.

That principle matters not only for economic reasons, but because it recognises that creativity is an expression of human experience, of identity, memory, and voice. That human experience must remain at the centre of our approach. 

We are watching this play out in real time.

In the United States, courts have found that using copyrighted works to train AI systems did not infringe the underlying copyrights because it fell under the fair use exception. The result could be different in Canada, since our "fair dealing" exception differs from "fair use" and the criterion of the transformative nature of AI, referred to by the U.S. courts, would not apply.

Hopefully, some ongoing litigation will shed further light on the extent to which copyright exceptions apply to the use of AI in Canadian copyright law. But beyond copyright, there is another dimension we cannot ignore.

The report highlights the rise of deepfakes, AI generated content that can replicated a person’s image, voice or identity.

Investigations have revealed the creation of highly realistic, explicit deepfakes involving women and minor children, that can spreads quickly and causes real harm.

This is an issue that our government is taking very seriously, in Canada. Our government, through the Protecting Victims Act and an act to amend the Canadian Elections Act to respond to the growing challenges of deepfake. We know the use of these images is emerging and being used in political context and to exploit communities. We are taking action. Both pieces of legislation are making their way through our parliaments.

This is not a future risk, it is happening now. It forces us to confront a fundamental question. In the age of AI, who gets to decide what is done with our work, our voice, and even our identity?

This moves this conversation beyond intellectual property, into questions of dignity, safety and control over one’s identity.

At a time when Canada is focused on building our country strong, defining and defending our cultural sovereignty, these issues are important for us as well.

Thank you for a chance to share.

M. Marko PAVIĆ

Croatie, PPE/DC, Président de l'Assemblée

18:09:19

Thank you very much. And as last speaker, I call Mr Hasan TAÇOY.

I don't see him connected. Is he here?

If not, then this concludes the list of speakers and thank you to them all.

I call now Mr Mogens JENSEN, the rapporteur, to reply. You have 3 minutes for your reply. Thank you.

M. Mogens JENSEN

Danemark, SOC, Rapporteur

18:09:51

Thank you very much, Mister President.

And thank you very much, colleagues, for what I can feel is a great support for this report and for my recommendations. I think it shows how important and what a big role artificial intelligence (AI) is playing in our reality, our daily lives, in all sectors and in all kinds of situations.

And, of course, there have been many angles on artificial intelligence. And it's true, as Ms Cristina Gabriella DUMITRESCU said, that I am focusing here on the copyright, the rightsholders' position, and that is for one very important reason, that these are the basis for the content being created that we use in our daily life, images, music, films, journalism and so on. And if we do not direct our new technologies in a way that they will support the economy behind our creative forces, we will have huge problems.

And as Mr Christophe BRICO says, these tech companies, these AI giants, are huge economies and they have much more money tanks in the future. So, of course, they also have the money to pay rightsholders, that's for sure.

I would like to emphasise also the point of Mr Ričards ŠLESERS that when it comes to proving that the AI companies are using content, the burden of proof should shift from the rightsholders to the AI companies. That is one very important point of my report.

So thank you, dear colleagues, for the great support.

Thanks to the team who have been working hard on this report, Mr Francisco CABRERA and others. And also I have to thank the rightsholders organisations, who are working so hard in order to also urge us politicians to make a secure and fair political framework for this.

I would finally like to emphasise that the creative sector is the one that is keeping European culture alive and vibrant. No European culture without them. They deserve our applause. But most importantly, they need our protection. So let's cherish and protect them.

Thank you very much.

M. Marko PAVIĆ

Croatie, PPE/DC, Président de l'Assemblée

18:13:00

Thank you very much.

To the rapporteur – does Ms Alexandra SCHOOS, Vice-Chairperson of the Committee, wish to speak?

Then the floor is yours for 3 minutes.

Mme Alexandra SCHOOS

Luxembourg, CEPA, Vice-Présidente de la Commission de la culture, de la science, de l'éducation et des médias

18:13:13

Thank you very much, Mister President.

My colleague, Mr Mogens JENSEN, he thanked a lot of people. I would like to thank him for this very important and valuable report as well. As was mentioned by our colleague Ms Marianne BINDER-KELLER, that it's really a necessary report in the digital world we are living today. 

Artificial intelligence (AI), dear colleagues, is already transforming the way cultural and creative content is produced, distributed and consumed. Its potential is considerable. But so too are the risks.

In the cultural and media sectors, AI is affecting production, programming, promotion and discoverability. It is reshaping audience expectations and consumption patterns through scale, speed and personalisation. At the same time, it raises serious concerns for the protection of copyright, the sustainability of the news media ecosystem, media pluralism, and citizens’ right to reliable information.

Whatever views we may hold on the pace or direction of these developments, one fact is beyond dispute: artificial intelligence is here to stay. Our responsibility, therefore, is not to deny this reality, but to ensure that technological progress develops within a framework of fairness, accountability and respect for fundamental rights. And I listened very carefully to all of you, to everyone in the Parliamentary Assembly of the Council of Europe who is still here tonight, and I really appreciate it. I can say that we all agree on this one point. 

We must be clear: innovation cannot come at the expense of the people who stand at the heart of cultural creation – authors, artists, performers, journalists, producers and other rights holders.

Let us also recall that the cultural and creative sectors are not marginal sectors. They are a major economic and social force in Europe, employing millions of people and contributing decisively to our democratic life, our diversity and our common cultural space. These sectors rely on copyright not only as a legal concept, but as a condition for creative work, fair remuneration and continued investment in culture and media.

Mr Mogens JENSEN’s report addresses this challenge in a serious and very balanced way. It recognises both the opportunities of AI and the urgent need to ensure transparency, legal certainty and effective protection for rights holders and for citizens.

The Committee on Culture, Science, Education and Media welcomes the rapporteur’s work and considers that the proposed measures represent a necessary and reasonable response to the new challenges created by generative AI, and are an acceptable compromise for all stakeholders.

For these reasons, I invite the Assembly to support this report.

Thank you.

Vote : La protection du droit d’auteur dans l’environnement de l’intelligence artificielle

M. Marko PAVIĆ

Croatie, PPE/DC, Président de l'Assemblée

18:16:27

Thank you very much.

The Committee on Culture, Science, Education and Media has presented the draft resolution, Document 16374, to which no amendments have been tabled. We will now proceed to vote on this draft resolution where a simple majority is required.

I now open the vote. The vote is open. Please vote.

Thank you. I now close the vote and call for the results to be displayed.

Thank you very much.

The draft resolution is adopted.

Congratulations.

The Parliamentary Assembly of the Council of Europe will hold its next public seating tomorrow at 10:00 a.m. with the agenda approved on Monday. I now adjourn the sitting and thank you very much.

See you tomorrow morning.

La séance est levée à 18h20.