# Official Journal C 15/12 J

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 15 |
| | |
| English edition | Information and Notices | Volume 6512 January 2022 |

ISSN 1977-091X

Official Journal

of the European Union

C 15

English edition

Information and Notices

Volume 6512 January 2022

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| Contents | page |
| --- | --- |
| | |
| | EUROPEAN PARLIAMENT
  2021-2022 SESSIONSittings of 17 to 21 May 2021TEXTS ADOPTED | 1 |

Contents

page

EUROPEAN PARLIAMENT
  2021-2022 SESSIONSittings of 17 to 21 May 2021TEXTS ADOPTED

EUROPEAN PARLIAMENT

1

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| | I   Resolutions, recommendations and opinions |
| --- | --- |
| | RESOLUTIONS |
| | European Parliament |
| | Tuesday 18 May 2021 |
| 2022/C 15/01 | European Parliament resolution of 18 May 2021 on the review of the European Union Solidarity Fund (2020/2087(INI)) | 2 |
| 2022/C 15/02 | European Parliament resolution of 18 May 2021 on securing the objectives of the landing obligation under Article 15 of the Common Fisheries Policy (2019/2177(INI)) | 9 |
| | Wednesday 19 May 2021 |
| 2022/C 15/03 | European Parliament resolution of 19 May 2021 with recommendations to the Commission on challenges of sports events organisers in the digital environment (2020/2073(INL)) | 18 |
| 2022/C 15/04 | European Parliament resolution of 19 May 2021 on artificial intelligence in education, culture and the audiovisual sector (2020/2017(INI)) | 28 |
| 2022/C 15/05 | European Parliament resolution of 19 May 2021 on a European strategy for energy system integration (2020/2241(INI)) | 45 |
| 2022/C 15/06 | European Parliament resolution of 19 May 2021 on a European Strategy for Hydrogen (2020/2242(INI)) | 56 |
| 2022/C 15/07 | European Parliament resolution of 19 May 2021 on human rights protection and the EU external migration policy (2020/2116(INI)) | 70 |
| 2022/C 15/08 | European Parliament resolution of 19 May 2021 on the 2019-2020 Commission Reports on Turkey (2019/2176(INI)) | 81 |
| 2022/C 15/09 | European Parliament resolution of 19 May 2021 on the 2019-2020 Commission Reports on Montenegro (2019/2173(INI)) | 100 |
| 2022/C 15/10 | European Parliament resolution of 19 May 2021 on the effects of climate change on human rights and the role of environmental defenders on this matter (2020/2134(INI)) | 111 |
| | Thursday 20 May 2021 |
| 2022/C 15/11 | European Parliament resolution of 20 May 2021 on reversing demographic trends in EU regions using cohesion policy instruments (2020/2039(INI)) | 125 |
| 2022/C 15/12 | European Parliament resolution of 20 May 2021 on impacts of EU rules on the free movements of workers and services: intra-EU labour mobility as a tool to match labour market needs and skills (2020/2007(INI)) | 137 |
| 2022/C 15/13 | European Parliament resolution of 20 May 2021 on accelerating progress and tackling inequalities towards ending AIDS as a public health threat by 2030 (2021/2604(RSP)) | 151 |
| 2022/C 15/14 | European Parliament resolution of 20 May 2021 on prisoners of war in the aftermath of the most recent conflict between Armenia and Azerbaijan (2021/2693(RSP)) | 156 |
| 2022/C 15/15 | European Parliament resolution of 20 May 2021 on the situation in Haiti (2021/2694(RSP)) | 161 |
| 2022/C 15/16 | European Parliament resolution of 20 May 2021 on the situation in Chad (2021/2695(RSP)) | 166 |
| 2022/C 15/17 | European Parliament resolution of 20 May 2021 on Chinese countersanctions on EU entities and MEPs and MPs (2021/2644(RSP)) | 170 |
| 2022/C 15/18 | European Parliament resolution of 20 May 2021 on the ruling of the CJEU of 16 July 2020 — Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (Schrems II), Case C-311/18 (2020/2789(RSP)) | 176 |
| 2022/C 15/19 | European Parliament resolution of 20 May 2021 on the right of information of the Parliament regarding the ongoing assessment of the national recovery and resilience plans (2021/2703(RSP)) | 184 |
| 2022/C 15/20 | European Parliament resolution of 20 May 2021 on the liability of companies for environmental damage (2020/2027(INI)) | 186 |
| 2022/C 15/21 | European Parliament resolution of 20 May 2021 on new avenues for legal labour migration (2020/2010(INI)) | 196 |
| 2022/C 15/22 | European Parliament resolution of 20 May 2021 on shaping the digital future of Europe: removing barriers to the functioning of the digital single market and improving the use of AI for European consumers (2020/2216(INI)) | 204 |
| | Friday 21 May 2021 |
| 2022/C 15/23 | European Parliament resolution of 21 May 2021 on the adequate protection of personal data by the United Kingdom (2021/2594(RSP)) | 218 |

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 18 May 2021

2022/C 15/01

European Parliament resolution of 18 May 2021 on the review of the European Union Solidarity Fund (2020/2087(INI))

2

2022/C 15/02

European Parliament resolution of 18 May 2021 on securing the objectives of the landing obligation under Article 15 of the Common Fisheries Policy (2019/2177(INI))

9

Wednesday 19 May 2021

2022/C 15/03

European Parliament resolution of 19 May 2021 with recommendations to the Commission on challenges of sports events organisers in the digital environment (2020/2073(INL))

18

2022/C 15/04

European Parliament resolution of 19 May 2021 on artificial intelligence in education, culture and the audiovisual sector (2020/2017(INI))

28

2022/C 15/05

European Parliament resolution of 19 May 2021 on a European strategy for energy system integration (2020/2241(INI))

45

2022/C 15/06

European Parliament resolution of 19 May 2021 on a European Strategy for Hydrogen (2020/2242(INI))

56

2022/C 15/07

European Parliament resolution of 19 May 2021 on human rights protection and the EU external migration policy (2020/2116(INI))

70

2022/C 15/08

European Parliament resolution of 19 May 2021 on the 2019-2020 Commission Reports on Turkey (2019/2176(INI))

81

2022/C 15/09

European Parliament resolution of 19 May 2021 on the 2019-2020 Commission Reports on Montenegro (2019/2173(INI))

100

2022/C 15/10

European Parliament resolution of 19 May 2021 on the effects of climate change on human rights and the role of environmental defenders on this matter (2020/2134(INI))

111

Thursday 20 May 2021

2022/C 15/11

European Parliament resolution of 20 May 2021 on reversing demographic trends in EU regions using cohesion policy instruments (2020/2039(INI))

125

2022/C 15/12

European Parliament resolution of 20 May 2021 on impacts of EU rules on the free movements of workers and services: intra-EU labour mobility as a tool to match labour market needs and skills (2020/2007(INI))

137

2022/C 15/13

European Parliament resolution of 20 May 2021 on accelerating progress and tackling inequalities towards ending AIDS as a public health threat by 2030 (2021/2604(RSP))

151

2022/C 15/14

European Parliament resolution of 20 May 2021 on prisoners of war in the aftermath of the most recent conflict between Armenia and Azerbaijan (2021/2693(RSP))

156

2022/C 15/15

European Parliament resolution of 20 May 2021 on the situation in Haiti (2021/2694(RSP))

161

2022/C 15/16

European Parliament resolution of 20 May 2021 on the situation in Chad (2021/2695(RSP))

166

2022/C 15/17

European Parliament resolution of 20 May 2021 on Chinese countersanctions on EU entities and MEPs and MPs (2021/2644(RSP))

170

2022/C 15/18

European Parliament resolution of 20 May 2021 on the ruling of the CJEU of 16 July 2020 — Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (Schrems II), Case C-311/18 (2020/2789(RSP))

176

2022/C 15/19

European Parliament resolution of 20 May 2021 on the right of information of the Parliament regarding the ongoing assessment of the national recovery and resilience plans (2021/2703(RSP))

184

2022/C 15/20

European Parliament resolution of 20 May 2021 on the liability of companies for environmental damage (2020/2027(INI))

186

2022/C 15/21

European Parliament resolution of 20 May 2021 on new avenues for legal labour migration (2020/2010(INI))

196

2022/C 15/22

European Parliament resolution of 20 May 2021 on shaping the digital future of Europe: removing barriers to the functioning of the digital single market and improving the use of AI for European consumers (2020/2216(INI))

204

Friday 21 May 2021

2022/C 15/23

European Parliament resolution of 21 May 2021 on the adequate protection of personal data by the United Kingdom (2021/2594(RSP))

218

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| | III   Preparatory acts |
| --- | --- |
| | European Parliament |
| | Monday 17 May 2021 |
| 2022/C 15/24 | European Parliament legislative resolution of 17 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (the Pericles IV programme), and repealing Regulation (EU) No 331/2014 (06164/1/2021 — C9-0137/2021 — 2018/0194(COD)) | 228 |
| | Tuesday 18 May 2021 |
| 2022/C 15/25 | European Parliament decision of 18 May 2021 on the proposal for the appointment of the Executive Director of the European Securities and Markets Authority (N9-0005/2021 — C9-0114/2021 — 2021/0900(NLE)) | 229 |
| 2022/C 15/26 | European Parliament decision of 18 May 2021 on the proposal for the appointment of the Chairperson of the European Insurance and Occupational Pensions Authority (EIOPA) (N9-0022/2021 — C9-0163/2021 — 2021/0901(NLE)) | 230 |
| 2022/C 15/27 | P9_TA(2021)0219Just Transition Fund ***IEuropean Parliament legislative resolution of 18 May 2021 on the proposal for a regulation of the European Parliament and of the Council establishing the Just Transition Fund (COM(2020)0022 — C9-0007/2020 — 2020/0006(COD))P9_TC1-COD(2020)0006Position of the European Parliament adopted at first reading on 18 May 2021 with a view to the adoption of Regulation (EU) 2021/... of the European Parliament and of the Council establishing the Just Transition Fund | 231 |
| 2022/C 15/28 | European Parliament legislative resolution of 18 May 2021 on the draft Council regulation extending to the non-participating Member States the application of Regulation (EU) 2021/... establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (the Pericles IV programme), and repealing Regulation (EU) No 331/2014 (13255/2020 — C9-0017/2021 — 2018/0219(APP)) | 233 |
| 2022/C 15/29 | European Parliament legislative resolution of 18 May 2021 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union (10637/2020 — C9-0097/2021 — 2020/0233(NLE)) | 234 |
| 2022/C 15/30 | European Parliament legislative resolution of 18 May 2021 on the draft Council decision on the conclusion, on behalf of the European Union and its Member States, of a Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, to take account of the accession of the Republic of Croatia to the European Union (COM(2018)0603 — C9-0302/2020 — 2018/0310(NLE)) | 235 |
| 2022/C 15/31 | European Parliament legislative resolution of 18 May 2021 on the draft Council decision on the conclusion on behalf of the Union and its Member States of the Protocol to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, to take account of the accession of the Republic of Croatia to the European Union (06048/2020 — C9-0383/2020 — 2020/0024(NLE)) | 236 |
| 2022/C 15/32 | European Parliament legislative resolution of 18 May 2021 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew between the European Union, the United States of America, Iceland, and the Kingdom of Norway (11645/2020 — C9-0392/2020 — 2019/0126(NLE)) | 237 |
| 2022/C 15/33 | European Parliament legislative resolution of 18 May 2021 on the proposal for a Council decision concerning the dock dues scheme in the French outermost regions and amending Decision No 940/2014/EU (COM(2021)0095 — C9-0105/2021 — 2021/0051(CNS)) | 238 |
| 2022/C 15/34 | European Parliament legislative resolution of 18 May 2021 on the proposal for a Council directive amending Directive 2006/112/EC as regards exemptions on importations and on certain supplies, in respect of Union measures in the public interest (COM(2021)0181 — C9-0132/2021 — 2021/0097(CNS)) | 239 |
| 2022/C 15/35 | European Parliament resolution of 18 May 2021 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund following an application from Estonia — EGF/2020/002 EE/Estonia Tourism (COM(2021)0151 — C9-0127/2021 — 2021/0076(BUD)) | 240 |
| 2022/C 15/36 | European Parliament resolution of 18 May 2021 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Union Solidarity Fund to provide assistance to Greece and France in relation to natural disasters and to Albania, Austria, Belgium, Croatia, Czechia, Estonia, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Montenegro, Portugal, Romania, Serbia, Spain in relation to a public health emergency (COM(2021)0201 — C9-0117/2021 — 2021/0077(BUD)) | 244 |
| 2022/C 15/37 | European Parliament resolution of 18 May 2021 on the Council position on Draft amending budget No 2/2021 of the European Union for the financial year 2021 — financing the COVID-19 response and including refinements and updates related to the final adoption of the Multiannual Financial Framework (08145/2021 — C9-0155/2021 — 2021/0078(BUD)) | 247 |
| 2022/C 15/38 | European Parliament decision to raise no objections to the Commission delegated regulation of 24 March 2021 amending Delegated Regulations (EU) No 1003/2013 and (EU) 2019/360 as regards the annual supervisory fees charged by the European Securities and Markets Authority to trade repositories for 2021 (C(2021)01874 — 2021/2617(DEA)) | 249 |
| 2022/C 15/39 | European Parliament decision to raise no objections to the Commission delegated regulation of 25 March 2021 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards setting out the criteria to define managerial responsibility, control functions, material business units and a significant impact on a material business unit’s risk profile, and setting out criteria for identifying staff members or categories of staff whose professional activities have an impact on the institution’s risk profile that is comparably as material as that of staff members or categories of staff referred to in Article 92(3) of that Directive (C(2021)01906 — 2021/2618(DEA)) | 251 |
| 2022/C 15/40 | European Parliament legislative resolution of 18 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the European Solidarity Corps Programme and repealing Regulations (EU) 2018/1475 and (EU) No 375/2014 (14153/1/2020 — C9-0143/2021 — 2018/0230(COD)) | 253 |
| 2022/C 15/41 | European Parliament legislative resolution of 18 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing Erasmus+: the Union Programme for education and training, youth and sport and repealing Regulation (EU) No 1288/2013 (14148/1/2020 — C9-0135/2021 — 2018/0191(COD)) | 255 |
| | Wednesday 19 May 2021 |
| 2022/C 15/42 | European Parliament legislative resolution of 19 May 2021 on the proposal for a Council decision amending Decision 2008/376/EC on the adoption of the Research Programme of the Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme (COM(2020)0320 — C9-0214/2020 — 2020/0141(NLE)) | 257 |
| 2022/C 15/43 | European Parliament legislative resolution of 19 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the Creative Europe Programme (2021 to 2027) and repealing Regulation (EU) No 1295/2013 (14146/1/2020 — C9-0134/2021 — 2018/0190(COD)) | 267 |
| 2022/C 15/44 | European Parliament legislative resolution of 19 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the European Cybersecurity Industrial, Technology and Research Competence Centre and the Network of National Coordination Centres (05628/2/2021 — C9-0152/2021 — 2018/0328(COD)) | 269 |
| 2022/C 15/45 | European Parliament legislative resolution of 19 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the Fiscalis programme for cooperation in the field of taxation and repealing Regulation (EU) No 1286/2013 (06116/1/2021 — C9-0179/2021 — 2018/0233(COD)) | 270 |
| | Thursday 20 May 2021 |
| 2022/C 15/46 | Amendments adopted by the European Parliament on 20 May 2021 on the proposal for a regulation of the European Parliament and of the Council Amending Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (COM(2020)0642 — C9-0321/2020 — 2020/0289(COD)) | 272 |
| 2022/C 15/47 | European Parliament resolution of 20 May 2021 on the proposal for a Council regulation amending Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights (COM(2020)0225 — 2020/0112R(APP)) | 290 |

III   Preparatory acts

European Parliament

Monday 17 May 2021

2022/C 15/24

European Parliament legislative resolution of 17 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (the Pericles IV programme), and repealing Regulation (EU) No 331/2014 (06164/1/2021 — C9-0137/2021 — 2018/0194(COD))

228

Tuesday 18 May 2021

2022/C 15/25

European Parliament decision of 18 May 2021 on the proposal for the appointment of the Executive Director of the European Securities and Markets Authority (N9-0005/2021 — C9-0114/2021 — 2021/0900(NLE))

229

2022/C 15/26

European Parliament decision of 18 May 2021 on the proposal for the appointment of the Chairperson of the European Insurance and Occupational Pensions Authority (EIOPA) (N9-0022/2021 — C9-0163/2021 — 2021/0901(NLE))

230

2022/C 15/27

P9_TA(2021)0219Just Transition Fund ***IEuropean Parliament legislative resolution of 18 May 2021 on the proposal for a regulation of the European Parliament and of the Council establishing the Just Transition Fund (COM(2020)0022 — C9-0007/2020 — 2020/0006(COD))P9_TC1-COD(2020)0006Position of the European Parliament adopted at first reading on 18 May 2021 with a view to the adoption of Regulation (EU) 2021/... of the European Parliament and of the Council establishing the Just Transition Fund

231

2022/C 15/28

European Parliament legislative resolution of 18 May 2021 on the draft Council regulation extending to the non-participating Member States the application of Regulation (EU) 2021/... establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (the Pericles IV programme), and repealing Regulation (EU) No 331/2014 (13255/2020 — C9-0017/2021 — 2018/0219(APP))

233

2022/C 15/29

European Parliament legislative resolution of 18 May 2021 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union (10637/2020 — C9-0097/2021 — 2020/0233(NLE))

234

2022/C 15/30

European Parliament legislative resolution of 18 May 2021 on the draft Council decision on the conclusion, on behalf of the European Union and its Member States, of a Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, to take account of the accession of the Republic of Croatia to the European Union (COM(2018)0603 — C9-0302/2020 — 2018/0310(NLE))

235

2022/C 15/31

European Parliament legislative resolution of 18 May 2021 on the draft Council decision on the conclusion on behalf of the Union and its Member States of the Protocol to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, to take account of the accession of the Republic of Croatia to the European Union (06048/2020 — C9-0383/2020 — 2020/0024(NLE))

236

2022/C 15/32

European Parliament legislative resolution of 18 May 2021 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew between the European Union, the United States of America, Iceland, and the Kingdom of Norway (11645/2020 — C9-0392/2020 — 2019/0126(NLE))

237

2022/C 15/33

European Parliament legislative resolution of 18 May 2021 on the proposal for a Council decision concerning the dock dues scheme in the French outermost regions and amending Decision No 940/2014/EU (COM(2021)0095 — C9-0105/2021 — 2021/0051(CNS))

238

2022/C 15/34

European Parliament legislative resolution of 18 May 2021 on the proposal for a Council directive amending Directive 2006/112/EC as regards exemptions on importations and on certain supplies, in respect of Union measures in the public interest (COM(2021)0181 — C9-0132/2021 — 2021/0097(CNS))

239

2022/C 15/35

European Parliament resolution of 18 May 2021 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund following an application from Estonia — EGF/2020/002 EE/Estonia Tourism (COM(2021)0151 — C9-0127/2021 — 2021/0076(BUD))

240

2022/C 15/36

European Parliament resolution of 18 May 2021 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Union Solidarity Fund to provide assistance to Greece and France in relation to natural disasters and to Albania, Austria, Belgium, Croatia, Czechia, Estonia, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Montenegro, Portugal, Romania, Serbia, Spain in relation to a public health emergency (COM(2021)0201 — C9-0117/2021 — 2021/0077(BUD))

244

2022/C 15/37

European Parliament resolution of 18 May 2021 on the Council position on Draft amending budget No 2/2021 of the European Union for the financial year 2021 — financing the COVID-19 response and including refinements and updates related to the final adoption of the Multiannual Financial Framework (08145/2021 — C9-0155/2021 — 2021/0078(BUD))

247

2022/C 15/38

European Parliament decision to raise no objections to the Commission delegated regulation of 24 March 2021 amending Delegated Regulations (EU) No 1003/2013 and (EU) 2019/360 as regards the annual supervisory fees charged by the European Securities and Markets Authority to trade repositories for 2021 (C(2021)01874 — 2021/2617(DEA))

249

2022/C 15/39

European Parliament decision to raise no objections to the Commission delegated regulation of 25 March 2021 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards setting out the criteria to define managerial responsibility, control functions, material business units and a significant impact on a material business unit’s risk profile, and setting out criteria for identifying staff members or categories of staff whose professional activities have an impact on the institution’s risk profile that is comparably as material as that of staff members or categories of staff referred to in Article 92(3) of that Directive (C(2021)01906 — 2021/2618(DEA))

251

2022/C 15/40

European Parliament legislative resolution of 18 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the European Solidarity Corps Programme and repealing Regulations (EU) 2018/1475 and (EU) No 375/2014 (14153/1/2020 — C9-0143/2021 — 2018/0230(COD))

253

2022/C 15/41

European Parliament legislative resolution of 18 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing Erasmus+: the Union Programme for education and training, youth and sport and repealing Regulation (EU) No 1288/2013 (14148/1/2020 — C9-0135/2021 — 2018/0191(COD))

255

Wednesday 19 May 2021

2022/C 15/42

European Parliament legislative resolution of 19 May 2021 on the proposal for a Council decision amending Decision 2008/376/EC on the adoption of the Research Programme of the Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme (COM(2020)0320 — C9-0214/2020 — 2020/0141(NLE))

257

2022/C 15/43

European Parliament legislative resolution of 19 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the Creative Europe Programme (2021 to 2027) and repealing Regulation (EU) No 1295/2013 (14146/1/2020 — C9-0134/2021 — 2018/0190(COD))

267

2022/C 15/44

European Parliament legislative resolution of 19 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the European Cybersecurity Industrial, Technology and Research Competence Centre and the Network of National Coordination Centres (05628/2/2021 — C9-0152/2021 — 2018/0328(COD))

269

2022/C 15/45

European Parliament legislative resolution of 19 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the Fiscalis programme for cooperation in the field of taxation and repealing Regulation (EU) No 1286/2013 (06116/1/2021 — C9-0179/2021 — 2018/0233(COD))

270

Thursday 20 May 2021

2022/C 15/46

Amendments adopted by the European Parliament on 20 May 2021 on the proposal for a regulation of the European Parliament and of the Council Amending Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (COM(2020)0642 — C9-0321/2020 — 2020/0289(COD))

272

2022/C 15/47

European Parliament resolution of 20 May 2021 on the proposal for a Council regulation amending Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights (COM(2020)0225 — 2020/0112R(APP))

290

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| Key to symbols used






  - | Consultation procedure |
| --- | --- |
| *** | Consent procedure |
| ***I | Ordinary legislative procedure: first reading |
| ***II | Ordinary legislative procedure: second reading |
| ***III | Ordinary legislative procedure: third reading |

Key to symbols used

*

Consultation procedure

***

Consent procedure

***I

Ordinary legislative procedure: first reading

***II

Ordinary legislative procedure: second reading

***III

Ordinary legislative procedure: third reading

(The type of procedure depends on the legal basis proposed by the draft act.)

Amendments by Parliament:

New text is highlighted in
  bold italics
  . Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in
  bold italics
  and by deleting or striking out the text that has been replaced.

bold italics

bold italics

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| --- | --- |

EN

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12.1.2022

| 12.1.2022 | EN | Official Journal of the European Union | C 15/1 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

C 15/1

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EUROPEAN PARLIAMENT

2021-2022 SESSION

Sittings of 17 to 21 May 2021

TEXTS ADOPTED

---

I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 18 May 2021

| 12.1.2022 | EN | Official Journal of the European Union | C 15/2 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/2

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P9_TA(2021)0220

Review of the European Union Solidarity Fund

European Parliament resolution of 18 May 2021 on the review of the European Union Solidarity Fund (2020/2087(INI))

(2022/C 15/01)

The European Parliament,

| — | having regard to Articles 174, 175, 212(2) and 349 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 174, 175, 212(2) and 349 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1) (‘EUSF Regulation’) and its subsequent amendments of 15 May 2014 and 20 March 2020, |
| --- | --- |

—

having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1) (‘EUSF Regulation’) and its subsequent amendments of 15 May 2014 and 20 March 2020,

| — | having regard to all the reports published by the Intergovernmental Panel on Climate Change and, more specifically, to its report of 31 March 2014 entitled ‘Climate Change 2014: Impacts, Adaptation and Vulnerability’, |
| --- | --- |

—

having regard to all the reports published by the Intergovernmental Panel on Climate Change and, more specifically, to its report of 31 March 2014 entitled ‘Climate Change 2014: Impacts, Adaptation and Vulnerability’,

| — | having regard to the Paris Agreement, signed on 22 April 2016, |
| --- | --- |

—

having regard to the Paris Agreement, signed on 22 April 2016,

| — | having regard to its resolution of 15 January 2013 on the European Union Solidarity Fund, implementation and application (2), |
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—

having regard to its resolution of 15 January 2013 on the European Union Solidarity Fund, implementation and application (2),

| — | having regard to its resolution of 1 December 2016 entitled ‘the European Union Solidarity Fund: an assessment’ (3), |
| --- | --- |

—

having regard to its resolution of 1 December 2016 entitled ‘the European Union Solidarity Fund: an assessment’ (3),

| — | having regard to the Commission Staff Working Document of 15 May 2019 entitled ‘Evaluation of the European Union Solidarity Fund 2002-2017’ (SWD(2019)0186), |
| --- | --- |

—

having regard to the Commission Staff Working Document of 15 May 2019 entitled ‘Evaluation of the European Union Solidarity Fund 2002-2017’ (SWD(2019)0186),

| — | having regard to Regulation (EU) 2020/461 of the European Parliament and of the Council of 30 March 2020 amending Council Regulation (EC) No 2012/2002 in order to provide financial assistance to Member States and to countries negotiating their accession to the Union that are seriously affected by a major public health emergency (4), |
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—

having regard to Regulation (EU) 2020/461 of the European Parliament and of the Council of 30 March 2020 amending Council Regulation (EC) No 2012/2002 in order to provide financial assistance to Member States and to countries negotiating their accession to the Union that are seriously affected by a major public health emergency (4),

| — | having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (5), |
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—

having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (5),

| — | having regard to the position paper of the European Economic and Social Committee of 25 March 2020 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2012/2002 in order to provide financial assistance to Member States and countries negotiating their accession to the Union seriously affected by a major public health emergency (COM(2020)0114), |
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—

having regard to the position paper of the European Economic and Social Committee of 25 March 2020 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2012/2002 in order to provide financial assistance to Member States and countries negotiating their accession to the Union seriously affected by a major public health emergency (COM(2020)0114),

| — | having regard to the Commission communication on the European Green Deal (COM(2019)0640), |
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—

having regard to the Commission communication on the European Green Deal (COM(2019)0640),

| — | having regard to Rule 54 of its Rules of Procedure, |
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—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Budgets, |
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—

having regard to the opinion of the Committee on Budgets,

| — | having regard to the report of the Committee on Regional Development (A9-0052/2021), |
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—

having regard to the report of the Committee on Regional Development (A9-0052/2021),

| A. | whereas the European Union Solidarity Fund (EUSF) established by the EUSF Regulation following the major floods that hit central Europe in 2002 provides financial assistance to Member States and accession countries struck by major or regional natural disasters or major public health emergencies; whereas the EUSF represents true EU added value and the materialisation of a will to demonstrate solidarity with the people living in the EU regions affected by such disasters; |
| --- | --- |

A.

whereas the European Union Solidarity Fund (EUSF) established by the EUSF Regulation following the major floods that hit central Europe in 2002 provides financial assistance to Member States and accession countries struck by major or regional natural disasters or major public health emergencies; whereas the EUSF represents true EU added value and the materialisation of a will to demonstrate solidarity with the people living in the EU regions affected by such disasters;

| B. | whereas in its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences, the European Parliament pointed out that solidarity among the Member States is not an option, but is in fact an obligation stemming inter alia from Articles 2 and 21 of the Treaty on European Union, as well as a pillar of our EU values, as set out in Article 3 of the aforementioned treaty; whereas, in the same resolution, the European Parliament urges the Commission to strengthen all components of its crisis management and disaster response mechanisms; |
| --- | --- |

B.

whereas in its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences, the European Parliament pointed out that solidarity among the Member States is not an option, but is in fact an obligation stemming inter alia from Articles 2 and 21 of the Treaty on European Union, as well as a pillar of our EU values, as set out in Article 3 of the aforementioned treaty; whereas, in the same resolution, the European Parliament urges the Commission to strengthen all components of its crisis management and disaster response mechanisms;

| C. | noting with interest that, according to a recent survey, two thirds of EU citizens believe that the European Union should have more competences to deal with unexpected crises such as COVID-19, and more than half believe that the EU should have more financial means to deal with these crises (6); whereas the current health crisis has a very significant human dimension and whereas the EU and the Member States should accordingly act in a spirit of solidarity; |
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C.

noting with interest that, according to a recent survey, two thirds of EU citizens believe that the European Union should have more competences to deal with unexpected crises such as COVID-19, and more than half believe that the EU should have more financial means to deal with these crises (6); whereas the current health crisis has a very significant human dimension and whereas the EU and the Member States should accordingly act in a spirit of solidarity;

| D. | whereas, so far, assistance from the EUSF has concerned around a hundred natural disasters in 23 Member States and one accession country, totalling some EUR 6,6 billion (7); |
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D.

whereas, so far, assistance from the EUSF has concerned around a hundred natural disasters in 23 Member States and one accession country, totalling some EUR 6,6 billion (7);

| E. | whereas in 2017 and 2018, flooding disasters made up some two thirds of all EUSF applications, despite the reporting period also being marked by significant storms, forest fires and earthquakes; |
| --- | --- |

E.

whereas in 2017 and 2018, flooding disasters made up some two thirds of all EUSF applications, despite the reporting period also being marked by significant storms, forest fires and earthquakes;

| F. | noting the usefulness of the EUSF, as highlighted by the Commission’s evaluation, in particular as regards reducing the burden on all national, regional and local authorities of supporting the recovery effort in the aftermath of major national or regional natural disasters or major public health emergencies, as defined in the EUSF Regulation (as amended); |
| --- | --- |

F.

noting the usefulness of the EUSF, as highlighted by the Commission’s evaluation, in particular as regards reducing the burden on all national, regional and local authorities of supporting the recovery effort in the aftermath of major national or regional natural disasters or major public health emergencies, as defined in the EUSF Regulation (as amended);

| G. | whereas the EUSF’s regulatory framework was revised in 2014 through the amending Regulation (EU) No 661/2014 (8), in particular with a view to simplifying procedures, shortening the time frame for replying after the submission of applications, clarifying the eligibility criteria of requests for assistance in the event of regional disasters, extending the implementation period and introducing advance payments, as called for by Parliament on several occasions; whereas further progress was achieved through the March 2020 amendment of the regulation, especially as regards the increase of the level of advance payments and the simplification of the EUSF allocation process; |
| --- | --- |

G.

whereas the EUSF’s regulatory framework was revised in 2014 through the amending Regulation (EU) No 661/2014 (8), in particular with a view to simplifying procedures, shortening the time frame for replying after the submission of applications, clarifying the eligibility criteria of requests for assistance in the event of regional disasters, extending the implementation period and introducing advance payments, as called for by Parliament on several occasions; whereas further progress was achieved through the March 2020 amendment of the regulation, especially as regards the increase of the level of advance payments and the simplification of the EUSF allocation process;

| H. | whereas the rate of approval of requests for assistance in the event of major disasters is 100 %, while that of requests for assistance in the event of regional disasters, the most common category, rose from 32 % to 85 % following the 2014 revision of the EUSF Regulation; |
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H.

whereas the rate of approval of requests for assistance in the event of major disasters is 100 %, while that of requests for assistance in the event of regional disasters, the most common category, rose from 32 % to 85 % following the 2014 revision of the EUSF Regulation;

| I. | whereas although the reform of the regulation in 2014 contributed to the extension of the time frame for preparing and submitting an application for a financial contribution from the EUSF from 10 to 12 weeks, a substantial proportion of cases still require updates, resulting in delays in accessing the grants; whereas, for this reason, the Commission should give simplified guidance on the application requirements and in so doing reduce the administrative burden; |
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I.

whereas although the reform of the regulation in 2014 contributed to the extension of the time frame for preparing and submitting an application for a financial contribution from the EUSF from 10 to 12 weeks, a substantial proportion of cases still require updates, resulting in delays in accessing the grants; whereas, for this reason, the Commission should give simplified guidance on the application requirements and in so doing reduce the administrative burden;

| J. | whereas the time taken for the full grant to be deployed could be further reduced to fulfil the urgent need for EU solidarity; |
| --- | --- |

J.

whereas the time taken for the full grant to be deployed could be further reduced to fulfil the urgent need for EU solidarity;

| K. | whereas EUSF assistance only covers the restoration of the status quo ante of infrastructure in the fields of energy, water and waste water, telecommunications, transport, health and education, and not the additional costs of rebuilding more disaster-resilient and climate-resilient infrastructure, as called for in the European Green Deal, which has to be financed by the beneficiary state from own resources and other EU funds, such as the European Regional Development Fund (ERDF) and the Cohesion Fund; |
| --- | --- |

K.

whereas EUSF assistance only covers the restoration of the status quo ante of infrastructure in the fields of energy, water and waste water, telecommunications, transport, health and education, and not the additional costs of rebuilding more disaster-resilient and climate-resilient infrastructure, as called for in the European Green Deal, which has to be financed by the beneficiary state from own resources and other EU funds, such as the European Regional Development Fund (ERDF) and the Cohesion Fund;

| L. | noting with interest that, as illustrated by the COVID-19 crisis, there is a need for a higher level of synergies between cohesion policy instruments and the EUSF; acknowledging that the EUSF was created to respond to natural disasters in the short- and medium-term, while cohesion policy (the ERDF and the Cohesion Fund) is geared to longer-term planning for and investment in civil protection, preventive infrastructure, risk management infrastructure and resilience measures, thereby contributing to the objectives of the European Green Deal; |
| --- | --- |

L.

noting with interest that, as illustrated by the COVID-19 crisis, there is a need for a higher level of synergies between cohesion policy instruments and the EUSF; acknowledging that the EUSF was created to respond to natural disasters in the short- and medium-term, while cohesion policy (the ERDF and the Cohesion Fund) is geared to longer-term planning for and investment in civil protection, preventive infrastructure, risk management infrastructure and resilience measures, thereby contributing to the objectives of the European Green Deal;

| M. | welcoming the Commission’s proposal to extend the scope of the EUSF to include major public health emergencies, and the subsequent entering into force of Regulation (EU) 2020/461; |
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M.

welcoming the Commission’s proposal to extend the scope of the EUSF to include major public health emergencies, and the subsequent entering into force of Regulation (EU) 2020/461;

| N. | whereas natural disasters are likely to intensify and multiply because of climate change; highlighting, therefore, the usefulness of the budgetary mechanism of dynamic allocation, introduced in 2014, which enabled the EUSF, among other things, to provide a record EUSF contribution of EUR 1,2 billion for the earthquakes in Italy in 2016 and 2017; |
| --- | --- |

N.

whereas natural disasters are likely to intensify and multiply because of climate change; highlighting, therefore, the usefulness of the budgetary mechanism of dynamic allocation, introduced in 2014, which enabled the EUSF, among other things, to provide a record EUSF contribution of EUR 1,2 billion for the earthquakes in Italy in 2016 and 2017;

| O. | whereas, as laid down in Article 7 of the EUSF Regulation, operations financed by the fund should be compatible with the provisions of the TFEU and instruments adopted under it, and with EU policies and measures, in particular in the fields of environmental protection, natural disaster risk prevention and management, and climate change adaptation, including, where appropriate, eco-system-based approaches; |
| --- | --- |

O.

whereas, as laid down in Article 7 of the EUSF Regulation, operations financed by the fund should be compatible with the provisions of the TFEU and instruments adopted under it, and with EU policies and measures, in particular in the fields of environmental protection, natural disaster risk prevention and management, and climate change adaptation, including, where appropriate, eco-system-based approaches;

| P. | whereas the new multiannual financial framework (MFF) provides for a new budgetary package called the Solidarity and Emergency Aid Reserve (SEAR), which brings together the EUSF and the Emergency Aid Reserve (EAR) and is designed to respond, on the one hand, to emergencies arising from major disasters in Member States or accession countries (EUSF) and, on the other, to specific urgent needs in the EU or in non-EU countries, in particular in the event of humanitarian crises (EAR); |
| --- | --- |

P.

whereas the new multiannual financial framework (MFF) provides for a new budgetary package called the Solidarity and Emergency Aid Reserve (SEAR), which brings together the EUSF and the Emergency Aid Reserve (EAR) and is designed to respond, on the one hand, to emergencies arising from major disasters in Member States or accession countries (EUSF) and, on the other, to specific urgent needs in the EU or in non-EU countries, in particular in the event of humanitarian crises (EAR);

| Q. | whereas, as recognised in Article 349 TFEU, the difficult climate situation is one of the persistent factors that seriously hamper the development of the outermost regions (ORs); whereas specific measures laying down the conditions for the application of the treaties, including common policies, should therefore be adopted; |
| --- | --- |

Q.

whereas, as recognised in Article 349 TFEU, the difficult climate situation is one of the persistent factors that seriously hamper the development of the outermost regions (ORs); whereas specific measures laying down the conditions for the application of the treaties, including common policies, should therefore be adopted;

| R. | whereas special attention should be paid to ORs, islands, mountainous regions, sparsely populated regions and all areas that are particularly at risk of natural disasters; |
| --- | --- |

R.

whereas special attention should be paid to ORs, islands, mountainous regions, sparsely populated regions and all areas that are particularly at risk of natural disasters;

| S. | regretting that the EUSF Regulation does not currently allow for the submission of aid applications on a cross-border basis, even though certain areas that are particularly vulnerable to natural disasters, such as mountainous regions, often span borders; |
| --- | --- |

S.

regretting that the EUSF Regulation does not currently allow for the submission of aid applications on a cross-border basis, even though certain areas that are particularly vulnerable to natural disasters, such as mountainous regions, often span borders;

1.

Expresses its concern that extreme weather events and natural disasters will only increase and intensify alongside climate change; considers that investing in prevention and climate mitigation in line with the European Green Deal is of utmost importance; stresses the need for Member States to make further efforts to invest in climate impact alleviation measures, bearing in mind that many natural disasters are the direct consequence of human activities and that floods, earthquakes, forest fires, droughts and other natural disasters can get out of hand, which calls for the adoption of adequate measures;

2.

Notes that the EUSF is one of the most concrete expressions of EU solidarity, and that all EU citizens expect it to be shown when disasters or serious public health emergencies occur;

3.

Stresses its concern that in recent years, people in the EU have had to face multiple disasters that have devastated human lives, property, the environment and cultural heritage;

4.

Draws attention to the fact that major and regional natural disasters and major public health emergencies are now occurring on a regular basis, with recent examples including the COVID-19 pandemic — which is severely impacting the lives of all Europeans and the European economy — forest fires across the continent, including in unusual places such as the Arctic, and a series of violent earthquakes in Europe, particularly in Italy in 2016 and 2017, which caused hundreds of deaths and some EUR 22 billion in damage, and in Croatia in March 2020 and December 2020; points out, moreover, that storms, extreme rainfall and flooding have caused considerable damage in many cities and valleys, and that increasingly violent hurricanes have caused devastation in the ORs, such as Hurricane Irma in 2017 in Saint Martin, and Hurricane Lorenzo in 2019 in the Azores, which were particularly destructive; recalls in this context that fragile territories, such as islands and mountainous, sparsely populated and outermost regions are often the most affected by the impact of climate change;

5.

Points out that it is vital for aid and funds to be sent as quickly, easily and flexibly as possible to the affected regions and underlines that synergies between the EUSF and the Union Civil Protection Mechanism, the ERDF climate change adaptation component and territorial cooperation programmes are essential in order to create a comprehensive response and resilience package; calls on the Commission to continue its work on the guidance for the EUSF’s simplified usage in order to facilitate the actions of national, regional and local authorities; insists that synergies between the EUSF and the aforementioned EU funding instruments, among others, should be used flexibly and to their fullest extent; recalls that the implementation report by each beneficiary country should detail the preventive measures — including the use of EU structural funds — taken or proposed to limit future damage and to avoid, to the extent possible, a recurrence of similar natural disasters;

6.

Points out that according to the United Nations Office for Disaster Risk Reduction, there have been 7 348 major natural disasters over the last 20 years (2000-2019), which claimed 1,23 million lives, affected 4,2 billion people and resulted in USD 2,97 trillion in global economic losses;

7.

Points out that according to the European Environment Agency (EEA), climate-related extreme weather events caused economic losses totalling an estimated EUR 446 billion in the EEA member countries between 1980 and 2019;

8.

Is of the view that major and regional natural disasters and major public health emergencies have deeper economic and social impacts in the least developed and most fragile territories, such as islands, mountainous areas and sparsely populated regions, and that more adequate measures in these territories should therefore be taken under the EUSF;

Disaster management, damage assessment and simplification of procedures

Disaster management, damage assessment and simplification of procedures

| 9. | Takes note of the different kinds of disaster risks that the EU faces and highlights that the severity of some natural disasters is not exclusively determined by climate change, but is in some cases influenced by human-induced factors, including incautious spatial planning; considers it vital to invest in disaster risk prevention and management in the EU by building preventive infrastructure; recommends, in this regard, that Member States put in place, together with the Commission, disaster prevention and management plans for accurate and rapid damage assessment; stresses that the EUSF is meant to be a straightforward instrument that the EU can make available to national, regional and local authorities; |
| --- | --- |

9.

Takes note of the different kinds of disaster risks that the EU faces and highlights that the severity of some natural disasters is not exclusively determined by climate change, but is in some cases influenced by human-induced factors, including incautious spatial planning; considers it vital to invest in disaster risk prevention and management in the EU by building preventive infrastructure; recommends, in this regard, that Member States put in place, together with the Commission, disaster prevention and management plans for accurate and rapid damage assessment; stresses that the EUSF is meant to be a straightforward instrument that the EU can make available to national, regional and local authorities;

| 10. | Invites the Commission, in the context of a future reform of the EUSF, to continue its work to simplify and speed up the application procedure for Member States, for example by paying particular attention to simplifying applications for activation of the EUSF across several regions in the context of cross-border disasters, so as to ensure a swifter response to the intensification of major and regional natural disasters and major public health emergencies; |
| --- | --- |

10.

Invites the Commission, in the context of a future reform of the EUSF, to continue its work to simplify and speed up the application procedure for Member States, for example by paying particular attention to simplifying applications for activation of the EUSF across several regions in the context of cross-border disasters, so as to ensure a swifter response to the intensification of major and regional natural disasters and major public health emergencies;

| 11. | Is of the opinion that climate change and the intensification of natural disasters are making territories and regions increasingly vulnerable; calls on the Commission, accordingly, to consider revising the EUSF in order to better take into account disasters on a regional scale; underlines, moreover, the role of ERDF programmes, in synergy with rural development programmes, in the prevention and mitigation of risks, such as tectonic and hydrogeological risks; acknowledges, furthermore, that droughts were included in the scope of the EUSF Regulation during the 2014 revision, but notes that they represent a recurrent feature of EU climate developments and that their economic impact is difficult to assess; calls on the Commission to assess the specific impacts of droughts and to address them appropriately in the context of a future reform of the EUSF; |
| --- | --- |

11.

Is of the opinion that climate change and the intensification of natural disasters are making territories and regions increasingly vulnerable; calls on the Commission, accordingly, to consider revising the EUSF in order to better take into account disasters on a regional scale; underlines, moreover, the role of ERDF programmes, in synergy with rural development programmes, in the prevention and mitigation of risks, such as tectonic and hydrogeological risks; acknowledges, furthermore, that droughts were included in the scope of the EUSF Regulation during the 2014 revision, but notes that they represent a recurrent feature of EU climate developments and that their economic impact is difficult to assess; calls on the Commission to assess the specific impacts of droughts and to address them appropriately in the context of a future reform of the EUSF;

| 12. | Calls on the Commission and the Member States to strengthen research and education with a view to putting in place a system to ensure better preparedness to prevent and manage disasters and to minimise the impact of such crises; |
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12.

Calls on the Commission and the Member States to strengthen research and education with a view to putting in place a system to ensure better preparedness to prevent and manage disasters and to minimise the impact of such crises;

| 13. | Calls for increased coordination and cooperation between the research and development institutions of the Member States, especially those facing similar risks; calls for enhanced early warning systems in Member States and the creation and strengthening of links between the various early warning systems; |
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13.

Calls for increased coordination and cooperation between the research and development institutions of the Member States, especially those facing similar risks; calls for enhanced early warning systems in Member States and the creation and strengthening of links between the various early warning systems;

| 14. | Suggests that the Member States identify investments, projects and tools in their national recovery and resilience plans in order to prevent and limit damage from natural and health disasters; |
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14.

Suggests that the Member States identify investments, projects and tools in their national recovery and resilience plans in order to prevent and limit damage from natural and health disasters;

| 15. | Calls on the Commission to ensure the dissemination of good practices with regard to governance and the use of institutional coordination structures in disaster situations; |
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15.

Calls on the Commission to ensure the dissemination of good practices with regard to governance and the use of institutional coordination structures in disaster situations;

| 16. | Points to the difficulties faced by beneficiary countries when it comes to determining precise amounts of damage in very short periods of time and suggests that the Commission prepare guidance on simplified methods to be used for determining the amount of aid provided through the EUSF, also in order to minimise the potential for errors and further delays; |
| --- | --- |

16.

Points to the difficulties faced by beneficiary countries when it comes to determining precise amounts of damage in very short periods of time and suggests that the Commission prepare guidance on simplified methods to be used for determining the amount of aid provided through the EUSF, also in order to minimise the potential for errors and further delays;

| 17. | Highlights the fact that the use of the EUSF has fostered a learning process among national, regional and local authorities, which has led them to assess their broader disaster risk management policies; stresses the necessity of reducing the bureaucratic burden and increasing capacity-building through technical and administrative support for beneficiary countries, to help them to develop management and long-term strategies aiming at reducing the impact of major and regional natural disasters and major public health emergencies; calls on the Member States to improve communication with local and regional authorities in the successive phases of evaluation, preparation of applications and project implementation, with a view to speeding up administrative procedures; |
| --- | --- |

17.

Highlights the fact that the use of the EUSF has fostered a learning process among national, regional and local authorities, which has led them to assess their broader disaster risk management policies; stresses the necessity of reducing the bureaucratic burden and increasing capacity-building through technical and administrative support for beneficiary countries, to help them to develop management and long-term strategies aiming at reducing the impact of major and regional natural disasters and major public health emergencies; calls on the Member States to improve communication with local and regional authorities in the successive phases of evaluation, preparation of applications and project implementation, with a view to speeding up administrative procedures;

| 18. | Calls on the Commission to focus, as far as possible, in a future revision of the EUSF, on the regions that are the most at risk of major or regional natural disasters or major public health emergencies, particularly the ORs, islands, mountainous regions, and regions that are prone to intense seismic or volcanic activity or future public health crises; |
| --- | --- |

18.

Calls on the Commission to focus, as far as possible, in a future revision of the EUSF, on the regions that are the most at risk of major or regional natural disasters or major public health emergencies, particularly the ORs, islands, mountainous regions, and regions that are prone to intense seismic or volcanic activity or future public health crises;

| 19. | Believes that stock needs to be taken from the past hurricanes that struck overseas countries and territories (OCTs); is of the opinion that EAR and other external aid instruments should be fully used to alleviate the damage incurred; is furthermore convinced that adequate financial means need to be allocated to these external aid instruments to help OCTs; |
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19.

Believes that stock needs to be taken from the past hurricanes that struck overseas countries and territories (OCTs); is of the opinion that EAR and other external aid instruments should be fully used to alleviate the damage incurred; is furthermore convinced that adequate financial means need to be allocated to these external aid instruments to help OCTs;

Funding resources and swift allocation of appropriations

Funding resources and swift allocation of appropriations

| 20. | Points out that in its revised proposal of 27 May 2020 on the 2021-2027 MFF, the Commission provided for a maximum annual budget of EUR 1 billion for the EUSF (in 2018 prices), but notes that under the agreement on the new MFF, the EUSF has been merged with EAR into the new SEAR package, with an overall annual budgetary allocation of EUR 1,2 billion; |
| --- | --- |

20.

Points out that in its revised proposal of 27 May 2020 on the 2021-2027 MFF, the Commission provided for a maximum annual budget of EUR 1 billion for the EUSF (in 2018 prices), but notes that under the agreement on the new MFF, the EUSF has been merged with EAR into the new SEAR package, with an overall annual budgetary allocation of EUR 1,2 billion;

| 21. | Considers that the establishment of SEAR may have the advantage of increasing flexibility; points out, nevertheless, that in its current form, the allocation of the EUSF remains uncertain, since it depends on the amounts allocated under EAR; considers it necessary to closely monitor the management of SEAR in order to see whether the funding amount and allocation key provided for in this new financial instrument meet the needs of the EUSF, in view of the extension of its scope and the scale and proliferation of emergencies resulting, in particular, from major and regional natural disasters and major public health emergencies; |
| --- | --- |

21.

Considers that the establishment of SEAR may have the advantage of increasing flexibility; points out, nevertheless, that in its current form, the allocation of the EUSF remains uncertain, since it depends on the amounts allocated under EAR; considers it necessary to closely monitor the management of SEAR in order to see whether the funding amount and allocation key provided for in this new financial instrument meet the needs of the EUSF, in view of the extension of its scope and the scale and proliferation of emergencies resulting, in particular, from major and regional natural disasters and major public health emergencies;

| 22. | Welcomes the fact that the revised EUSF adopted in March 2020 increased the value of advance payments from 10 % to 25 % of the anticipated financial contribution and the upper limit from EUR 30 million to EUR 100 million; points out, in this context, the importance of advance payments for increasing the effectiveness of aid programmes, in particular in regions and local communities with limited alternative funding sources; asks the Commission to reflect on additional ways to promote this option and calls for increased operational efforts to be made in order to reduce the average time for the release of advanced payments, while ensuring the EU budget is protected; |
| --- | --- |

22.

Welcomes the fact that the revised EUSF adopted in March 2020 increased the value of advance payments from 10 % to 25 % of the anticipated financial contribution and the upper limit from EUR 30 million to EUR 100 million; points out, in this context, the importance of advance payments for increasing the effectiveness of aid programmes, in particular in regions and local communities with limited alternative funding sources; asks the Commission to reflect on additional ways to promote this option and calls for increased operational efforts to be made in order to reduce the average time for the release of advanced payments, while ensuring the EU budget is protected;

| 23. | Points out that most large buildings located in the ORs (such as ports, airports and hospitals) are public buildings, and despite being essential for the functioning of these small territories, are very exposed to environmental disasters; consequently believes that financial support from the EUSF for the ORs should be higher than 2,5 % of the amount received to remedy past disasters, in order to allow them to quickly return to and improve upon their status quo ante; |
| --- | --- |

23.

Points out that most large buildings located in the ORs (such as ports, airports and hospitals) are public buildings, and despite being essential for the functioning of these small territories, are very exposed to environmental disasters; consequently believes that financial support from the EUSF for the ORs should be higher than 2,5 % of the amount received to remedy past disasters, in order to allow them to quickly return to and improve upon their status quo ante;

| 24. | Notes that the average time needed to make advance payments is five months and calls on the Commission to consider some more reactive solutions; |
| --- | --- |

24.

Notes that the average time needed to make advance payments is five months and calls on the Commission to consider some more reactive solutions;

| 25. | Notes, moreover, that it takes an average of one year for the full amount of an EUSF grant to reach the beneficiary; calls on the Commission to explore ways of simplifying and making the allocation of the fund as flexible as possible in the context of a future reform, in order to ensure rapid action and prompt relief for disaster-stricken regions and/or countries; |
| --- | --- |

25.

Notes, moreover, that it takes an average of one year for the full amount of an EUSF grant to reach the beneficiary; calls on the Commission to explore ways of simplifying and making the allocation of the fund as flexible as possible in the context of a future reform, in order to ensure rapid action and prompt relief for disaster-stricken regions and/or countries;

| 26. | Believes, taking into consideration the above and the broadening of the scope of the fund, that an assessment of the EUSF budget might be necessary in the future, and could be followed, if necessary, by a corresponding adjustment of the funding, in order to provide what is required of a real tool for EU solidarity and to guarantee that there is a large enough budget to deal effectively with major and regional natural disasters and major public health emergencies, not only in order to repair damage but also to build up resilience to climate change; |
| --- | --- |

26.

Believes, taking into consideration the above and the broadening of the scope of the fund, that an assessment of the EUSF budget might be necessary in the future, and could be followed, if necessary, by a corresponding adjustment of the funding, in order to provide what is required of a real tool for EU solidarity and to guarantee that there is a large enough budget to deal effectively with major and regional natural disasters and major public health emergencies, not only in order to repair damage but also to build up resilience to climate change;

| 27. | Stresses that the award, management and implementation of the EUSF grants should be as transparent as possible, and that the grants need to be used in line with the principles of sound financial management; |
| --- | --- |

27.

Stresses that the award, management and implementation of the EUSF grants should be as transparent as possible, and that the grants need to be used in line with the principles of sound financial management;

Risk prevention and quality of reconstruction

Risk prevention and quality of reconstruction

| 28. | Calls for the criteria for determining projects that are ‘eligible’ for assistance from the fund to take greater account of the latest risk prevention principles and asks for the ‘Build Back Better’ principle to be fully integrated in Article 3 of the EUSF Regulation in a future revision, with a view to contributing to the improvement of the quality of these regions’ infrastructure during reconstruction and to better prepare them to avoid future disasters by building preventive infrastructure; |
| --- | --- |

28.

Calls for the criteria for determining projects that are ‘eligible’ for assistance from the fund to take greater account of the latest risk prevention principles and asks for the ‘Build Back Better’ principle to be fully integrated in Article 3 of the EUSF Regulation in a future revision, with a view to contributing to the improvement of the quality of these regions’ infrastructure during reconstruction and to better prepare them to avoid future disasters by building preventive infrastructure;

| 29. | Takes the view that instruments such as ‘framework loans’, implemented by the European Investment Bank, could also be used to finance the reconstruction of more resilient, safer and greener infrastructure; |
| --- | --- |

29.

Takes the view that instruments such as ‘framework loans’, implemented by the European Investment Bank, could also be used to finance the reconstruction of more resilient, safer and greener infrastructure;

| 30. | Calls on the Commission to strengthen and simplify the synergies between the EUSF and the cohesion policy funds, as well as the Union Civil Protection Mechanism, with a view to ensuring effective and structured risk management for reconstruction projects in the short, medium and long term, not only through the construction of sustainable, energy-efficient and resource-efficient infrastructure, but also through the deployment of preventive measures; also calls on the Commission to demonstrate flexibility with regard to programming and the amending of national or regional programmes when it comes to dealing with major and regional natural disasters and major public health emergencies; reiterates, in this regard, that EUSF financial assistance should focus on stronger resilience and the sustainability of the investments in the affected areas; |
| --- | --- |

30.

Calls on the Commission to strengthen and simplify the synergies between the EUSF and the cohesion policy funds, as well as the Union Civil Protection Mechanism, with a view to ensuring effective and structured risk management for reconstruction projects in the short, medium and long term, not only through the construction of sustainable, energy-efficient and resource-efficient infrastructure, but also through the deployment of preventive measures; also calls on the Commission to demonstrate flexibility with regard to programming and the amending of national or regional programmes when it comes to dealing with major and regional natural disasters and major public health emergencies; reiterates, in this regard, that EUSF financial assistance should focus on stronger resilience and the sustainability of the investments in the affected areas;

Health emergencies

Health emergencies

| 31. | Welcomes the fact that, following the revision of the EUSF Regulation proposed by the Commission on 13 March 2020, operations which can be covered by the fund have now been extended to major public health emergencies, covering not only medical assistance but also measures to prevent, monitor or control the spread of diseases; |
| --- | --- |

31.

Welcomes the fact that, following the revision of the EUSF Regulation proposed by the Commission on 13 March 2020, operations which can be covered by the fund have now been extended to major public health emergencies, covering not only medical assistance but also measures to prevent, monitor or control the spread of diseases;

| 32. | Highlights that the extension of the scope of the fund to fight the impacts of the COVID-19 pandemic has shown us that the EUSF has the capacity to be more flexible, both in its scope and its eligibility, having the ability to provide assistance not only during major natural disasters, but also rapid assistance during other types of major disasters, such as pandemics; |
| --- | --- |

32.

Highlights that the extension of the scope of the fund to fight the impacts of the COVID-19 pandemic has shown us that the EUSF has the capacity to be more flexible, both in its scope and its eligibility, having the ability to provide assistance not only during major natural disasters, but also rapid assistance during other types of major disasters, such as pandemics;

| 33. | Takes the view that this broadening of the scope of the EUSF requires a larger budget; |
| --- | --- |

33.

Takes the view that this broadening of the scope of the EUSF requires a larger budget;

| 34. | Suggests that the Commission and the Member States increase their cooperation with the relevant World Health Organization emergency preparedness services in order to develop rapid response plans for health emergencies; |
| --- | --- |

34.

Suggests that the Commission and the Member States increase their cooperation with the relevant World Health Organization emergency preparedness services in order to develop rapid response plans for health emergencies;

Visibility of the fund’s financial assistance

Visibility of the fund’s financial assistance

| 35. | Reiterates the importance of communicating to the public the tangible benefits brought about by the EUSF, in order to further increase citizens’ trust in EU tools and programmes; calls on the Commission and the Member States to improve the visibility of the fund’s assistance through ad hoc, targeted communication activities, in parallel to making the rapid response and delivery of aid a priority, specifically in order to highlight the EU’s added value in the event of major and regional natural disasters and major public health emergencies, which is a concrete expression of EU solidarity and the Union’s ability to put genuine mutual assistance into practice by providing significant budgetary resources; also asks the Commission, as part of the future revision of the regulation, to oblige beneficiary countries to inform their citizens about the EU’s financial support for the implemented operations; |
| --- | --- |

35.

Reiterates the importance of communicating to the public the tangible benefits brought about by the EUSF, in order to further increase citizens’ trust in EU tools and programmes; calls on the Commission and the Member States to improve the visibility of the fund’s assistance through ad hoc, targeted communication activities, in parallel to making the rapid response and delivery of aid a priority, specifically in order to highlight the EU’s added value in the event of major and regional natural disasters and major public health emergencies, which is a concrete expression of EU solidarity and the Union’s ability to put genuine mutual assistance into practice by providing significant budgetary resources; also asks the Commission, as part of the future revision of the regulation, to oblige beneficiary countries to inform their citizens about the EU’s financial support for the implemented operations;

o

o o

| 36. | Instructs its President to forward this resolution to the Council, the Commission and the Member States. |
| --- | --- |

36.

Instructs its President to forward this resolution to the Council, the Commission and the Member States.

---

(1)  OJ L 311, 14.11.2002, p. 3.

1

(2)  OJ C 440, 30.12.2015, p. 13.

2

(3)  OJ C 224, 27.6.2018, p. 140.

3

(4)  OJ L 99, 31.3.2020, p. 9.

4

(5)  Texts adopted P9_TA(2020)0054.

5

(6)  https://www.europarl.europa.eu/news/en/press-room/20201113IPR91602/eu-survey-confirms-citizens-call-for-eu-to-have-more-powers-to-tackle-pandemic

6

(7)  https://cohesiondata.ec.europa.eu/stories/s/An-overview-of-the-EU-Solidarity-Fund-2002-2019/qpif-qzyn

7

(8)  Regulation (EU) No 661/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 2012/2002 establishing the European Union Solidarity Fund (OJ L 189, 27.6.2014, p. 143).

8

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| 12.1.2022 | EN | Official Journal of the European Union | C 15/9 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/9

---

P9_TA(2021)0227

Securing the objectives of the landing obligation under Article 15 of the Common Fisheries Policy

European Parliament resolution of 18 May 2021 on securing the objectives of the landing obligation under Article 15 of the Common Fisheries Policy (2019/2177(INI))

(2022/C 15/02)

The European Parliament,

| — | having regard to the Commission communication of 7 June 2019 on the State of Play of the Common Fisheries Policy and Consultation on the Fishing Opportunities for 2020 (COM(2019)0274), |
| --- | --- |

—

having regard to the Commission communication of 7 June 2019 on the State of Play of the Common Fisheries Policy and Consultation on the Fishing Opportunities for 2020 (COM(2019)0274),

| — | having regard to the Commission communication of 16 June 2020 entitled ‘Towards more sustainable fishing in the EU: state of play and orientations for 2021’ (COM(2020)0248), |
| --- | --- |

—

having regard to the Commission communication of 16 June 2020 entitled ‘Towards more sustainable fishing in the EU: state of play and orientations for 2021’ (COM(2020)0248),

| — | having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

| — | having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy (1), |
| --- | --- |

—

having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy (1),

| — | having regard to Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures (2), |
| --- | --- |

—

having regard to Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures (2),

| — | having regard to the reports of the European Fisheries Control Agency (EFCA) evaluating compliance with the landing obligation for the North Sea (2016-2017), North Western Waters (2016-2017) and mackerel in the North Sea and North Western Waters (2015-2017), |
| --- | --- |

—

having regard to the reports of the European Fisheries Control Agency (EFCA) evaluating compliance with the landing obligation for the North Sea (2016-2017), North Western Waters (2016-2017) and mackerel in the North Sea and North Western Waters (2015-2017),

| — | having regard to the plenary reports of the Scientific, Technical and Economic Committee for Fisheries (STECF) (PLEN 20-01, 19-01, 18-01 and 17-01), and its reports ‘Evaluation of Member States' Annual Reports on the Landing Obligation (for 2019)’ (Adhoc-20-02), ‘Monitoring the performance of the Common Fisheries Policy’ (Adhoc-20-01) and ‘Evaluation of Joint Recommendations on the Landing Obligation and on the Technical Measures Regulation’ (STECF-20-04), |
| --- | --- |

—

having regard to the plenary reports of the Scientific, Technical and Economic Committee for Fisheries (STECF) (PLEN 20-01, 19-01, 18-01 and 17-01), and its reports ‘Evaluation of Member States' Annual Reports on the Landing Obligation (for 2019)’ (Adhoc-20-02), ‘Monitoring the performance of the Common Fisheries Policy’ (Adhoc-20-01) and ‘Evaluation of Joint Recommendations on the Landing Obligation and on the Technical Measures Regulation’ (STECF-20-04),

| — | having regard to Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation (3), |
| --- | --- |

—

having regard to Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation (3),

| — | having regard to the article entitled ‘The unintended impact of the European discard ban’ published in the ICES Journal of Marine Science (4), |
| --- | --- |

—

having regard to the article entitled ‘The unintended impact of the European discard ban’ published in the ICES Journal of Marine Science (4),

| — | having regard to the study ‘Implementation of the EU fisheries control system by Member States (2014-19)’, requested by the Committee on Fisheries, |
| --- | --- |

—

having regard to the study ‘Implementation of the EU fisheries control system by Member States (2014-19)’, requested by the Committee on Fisheries,

| — | having regard to the studies requested by the Committee on Fisheries on the landing obligation and choke species in multispecies and mixed fisheries in the North Sea (5), the North Western Waters (6) and the South Western Waters (7), and the studies on the discard ban, landing obligation and maximum sustainable yield (MSY) in the Western Mediterranean (8), (9), |
| --- | --- |

—

having regard to the studies requested by the Committee on Fisheries on the landing obligation and choke species in multispecies and mixed fisheries in the North Sea (5), the North Western Waters (6) and the South Western Waters (7), and the studies on the discard ban, landing obligation and maximum sustainable yield (MSY) in the Western Mediterranean (8), (9),

| — | having regard to the book ‘The European Landing Obligation, Reducing discards in complex, multi-species and multi-jurisdictional fisheries’ (10), published in 2019, |
| --- | --- |

—

having regard to the book ‘The European Landing Obligation, Reducing discards in complex, multi-species and multi-jurisdictional fisheries’ (10), published in 2019,

| — | having regard to the report ‘A third assessment of global marine fisheries discards’, published by the Food and Agriculture Organization (FAO) in 2019, |
| --- | --- |

—

having regard to the report ‘A third assessment of global marine fisheries discards’, published by the Food and Agriculture Organization (FAO) in 2019,

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A9-0147/2021), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A9-0147/2021),

| A. | whereas target 14,4 of Goal 14 of the United Nations 2030 Agenda for Sustainable Development urges the international community to effectively regulate harvesting, end overfishing, illegal, unreported and unregulated fishing and destructive fishing practices, and implement science-based management plans by 2020, in order to restore fish stocks in the shortest time feasible, at least to levels that can produce the MSY as determined by their biological characteristics; |
| --- | --- |

A.

whereas target 14,4 of Goal 14 of the United Nations 2030 Agenda for Sustainable Development urges the international community to effectively regulate harvesting, end overfishing, illegal, unreported and unregulated fishing and destructive fishing practices, and implement science-based management plans by 2020, in order to restore fish stocks in the shortest time feasible, at least to levels that can produce the MSY as determined by their biological characteristics;

| B. | whereas the magnitude of annual discards in global marine capture fisheries is estimated to be 9,1 million tonnes, which represent 10,8 % of the annual average catch of 2010-2014; whereas fisheries targeting tuna species and other pelagic species had the lowest discard rates, while fisheries targeting crustaceans had the highest discard rates; whereas fisheries targeting demersal fish produced the highest volumes of discards and fisheries targeting molluscs (excluding cephalopods) produced the lowest volumes; whereas annual global discards peaked at around 18,8 million tonnes in 1989 and gradually declined to less than 10 million tonnes by 2014 (11); |
| --- | --- |

B.

whereas the magnitude of annual discards in global marine capture fisheries is estimated to be 9,1 million tonnes, which represent 10,8 % of the annual average catch of 2010-2014; whereas fisheries targeting tuna species and other pelagic species had the lowest discard rates, while fisheries targeting crustaceans had the highest discard rates; whereas fisheries targeting demersal fish produced the highest volumes of discards and fisheries targeting molluscs (excluding cephalopods) produced the lowest volumes; whereas annual global discards peaked at around 18,8 million tonnes in 1989 and gradually declined to less than 10 million tonnes by 2014 (11);

| C. | whereas discarding is a common fishery practice of returning unwanted catches to the sea, either dead or alive, owing to damaged fish, undersized individuals (minimum size restrictions), reasons of marketability, lack of quota, or catch composition rules; whereas, prior to the introduction of the landing obligation, it was not permitted to have undersized fish on board or to land them; |
| --- | --- |

C.

whereas discarding is a common fishery practice of returning unwanted catches to the sea, either dead or alive, owing to damaged fish, undersized individuals (minimum size restrictions), reasons of marketability, lack of quota, or catch composition rules; whereas, prior to the introduction of the landing obligation, it was not permitted to have undersized fish on board or to land them;

| D. | whereas unwanted catches and discards constitute a substantial waste of natural resources for human consumption and may have and often do have an adverse effect on the sustainable exploitation of fish stocks and marine ecosystems and the financial viability of fisheries; whereas a certain level of unwanted by-catch and discarding is unavoidable, especially in mixed fisheries; |
| --- | --- |

D.

whereas unwanted catches and discards constitute a substantial waste of natural resources for human consumption and may have and often do have an adverse effect on the sustainable exploitation of fish stocks and marine ecosystems and the financial viability of fisheries; whereas a certain level of unwanted by-catch and discarding is unavoidable, especially in mixed fisheries;

| E. | whereas the historically high levels of discards in some EU fisheries have posed a serious problem to the long-term sustainability of EU fisheries, calling into question the credibility of the Union’s fisheries policy; |
| --- | --- |

E.

whereas the historically high levels of discards in some EU fisheries have posed a serious problem to the long-term sustainability of EU fisheries, calling into question the credibility of the Union’s fisheries policy;

| F. | whereas the ban on the practice of high grading (discarding of marketable fish), which was introduced in the EU in 2010, has been poorly implemented; |
| --- | --- |

F.

whereas the ban on the practice of high grading (discarding of marketable fish), which was introduced in the EU in 2010, has been poorly implemented;

| G. | whereas the common fisheries policy (CFP), as reformed in 2013, shall ensure that negative impacts of fishing activities on the marine ecosystem are minimised, and introduced the following objectives: (a) to ‘gradually eliminate discards, on a case-by-case basis, taking into account the best available scientific advice, by avoiding and reducing, as far as possible, unwanted catches, and by gradually ensuring that catches of regulated commercial species are landed’ and (b) ‘where necessary, [to] make the best use of unwanted catches, without creating a market for such of those catches that are below the minimum conservation reference size’; |
| --- | --- |

G.

whereas the common fisheries policy (CFP), as reformed in 2013, shall ensure that negative impacts of fishing activities on the marine ecosystem are minimised, and introduced the following objectives: (a) to ‘gradually eliminate discards, on a case-by-case basis, taking into account the best available scientific advice, by avoiding and reducing, as far as possible, unwanted catches, and by gradually ensuring that catches of regulated commercial species are landed’ and (b) ‘where necessary, [to] make the best use of unwanted catches, without creating a market for such of those catches that are below the minimum conservation reference size’;

| H. | whereas there is no reliable data on discards or scientific evidence to suggest that the implementation of the landing obligation has led to a substantial reduction in unwanted catches; whereas its poor implementation may have led to a loss of visibility of catches in some fisheries and to a degradation in the scientific advice and the quality of data; |
| --- | --- |

H.

whereas there is no reliable data on discards or scientific evidence to suggest that the implementation of the landing obligation has led to a substantial reduction in unwanted catches; whereas its poor implementation may have led to a loss of visibility of catches in some fisheries and to a degradation in the scientific advice and the quality of data;

| I. | whereas the fisheries sector has made progress towards achieving the MSY objective; whereas 99 % of landings in the Baltic Sea, the North Sea and the Atlantic in 2020 exclusively managed by the EU and for which scientific assessments are available came from sustainably managed fisheries; whereas in the northeast Atlantic the biomass for fully assessed stocks was 48 % higher in 2018 than in 2003; whereas significant challenges remain, especially in the Mediterranean Sea and Black Sea, where around 75 % of stocks that are scientifically assessed are overexploited; |
| --- | --- |

I.

whereas the fisheries sector has made progress towards achieving the MSY objective; whereas 99 % of landings in the Baltic Sea, the North Sea and the Atlantic in 2020 exclusively managed by the EU and for which scientific assessments are available came from sustainably managed fisheries; whereas in the northeast Atlantic the biomass for fully assessed stocks was 48 % higher in 2018 than in 2003; whereas significant challenges remain, especially in the Mediterranean Sea and Black Sea, where around 75 % of stocks that are scientifically assessed are overexploited;

| J. | whereas the landing obligation, which was phased in over four years (2015-2019), makes it mandatory to land and deduct from applicable quotas all catches of species which are subject to catch limits and, in the Mediterranean Sea, are subject to minimum sizes in EU waters, or in certain cases by EU vessels in international waters, and forbids the use of undersized fish for direct human consumption; |
| --- | --- |

J.

whereas the landing obligation, which was phased in over four years (2015-2019), makes it mandatory to land and deduct from applicable quotas all catches of species which are subject to catch limits and, in the Mediterranean Sea, are subject to minimum sizes in EU waters, or in certain cases by EU vessels in international waters, and forbids the use of undersized fish for direct human consumption;

| K. | whereas according to the STECF (12), no information has been provided on the implementation of the landing obligation for the long-distance fleets operating outside Union waters; whereas the Long Distance Fleet Advisory Council (LDAC) highlighted that the landing obligation does not apply in practice to EU vessels fishing outside EU waters; |
| --- | --- |

K.

whereas according to the STECF (12), no information has been provided on the implementation of the landing obligation for the long-distance fleets operating outside Union waters; whereas the Long Distance Fleet Advisory Council (LDAC) highlighted that the landing obligation does not apply in practice to EU vessels fishing outside EU waters;

| L. | whereas landed fish below minimum conservation reference sizes continue to be used for fish meal, pet food or as bait for pot fisheries, with low economic returns; whereas these alternative uses are economically feasible when there is a production facility nearby the landing port, but the feasibility declines (or disappears) when there is the need for logistics and infrastructure for long-distance transport or investments in new production facilities (13); |
| --- | --- |

L.

whereas landed fish below minimum conservation reference sizes continue to be used for fish meal, pet food or as bait for pot fisheries, with low economic returns; whereas these alternative uses are economically feasible when there is a production facility nearby the landing port, but the feasibility declines (or disappears) when there is the need for logistics and infrastructure for long-distance transport or investments in new production facilities (13);

| M. | whereas several Member States suggest that legislation should be amended to allow fish under the relevant minimum conservation reference sizes which are subject to a landing obligation to be used for charitable purposes; |
| --- | --- |

M.

whereas several Member States suggest that legislation should be amended to allow fish under the relevant minimum conservation reference sizes which are subject to a landing obligation to be used for charitable purposes;

| N. | whereas the landing obligation is not a fully comprehensive discard ban as it only applies to regulated species (total allowable catches (TACs) and effort-regulated fisheries for which a minimum size has been defined) and includes exemptions for fish showing damage caused by predators and for high survivability and a de minimis exemption of up to 5 % in cases where selectivity increases are difficult to achieve or where handling unwanted catches entails disproportionate costs; whereas the implementation of the landing obligation also depends on extensive use of temporary exemptions which require review based on scientific assessment, absorbing time and effort from decision-makers and the fishing sector; |
| --- | --- |

N.

whereas the landing obligation is not a fully comprehensive discard ban as it only applies to regulated species (total allowable catches (TACs) and effort-regulated fisheries for which a minimum size has been defined) and includes exemptions for fish showing damage caused by predators and for high survivability and a de minimis exemption of up to 5 % in cases where selectivity increases are difficult to achieve or where handling unwanted catches entails disproportionate costs; whereas the implementation of the landing obligation also depends on extensive use of temporary exemptions which require review based on scientific assessment, absorbing time and effort from decision-makers and the fishing sector;

| O. | whereas discard levels vary widely by region and species, with little or no discards in fisheries where most or all of the catch is of commercial value and exploited, as is the case in small-scale or traditional fisheries and fisheries whose production is for direct human consumption; |
| --- | --- |

O.

whereas discard levels vary widely by region and species, with little or no discards in fisheries where most or all of the catch is of commercial value and exploited, as is the case in small-scale or traditional fisheries and fisheries whose production is for direct human consumption;

| P. | whereas small-scale fishing employs more operators and uses more selective gear, causing less environmental damage and playing a key social and economic role, as highlighted by the General Fisheries Commission for the Mediterranean (GFCM)'s State of Mediterranean and Black Sea Fisheries (SoMFi) 2018 report; |
| --- | --- |

P.

whereas small-scale fishing employs more operators and uses more selective gear, causing less environmental damage and playing a key social and economic role, as highlighted by the General Fisheries Commission for the Mediterranean (GFCM)'s State of Mediterranean and Black Sea Fisheries (SoMFi) 2018 report;

| Q. | whereas fisheries discards contribute to the feeding of a range of scavenger species, from avian to mesopelagic and benthic communities, which are of importance in the trophic ecology chain; whereas scientific literature concludes that the reduction in discards through the landing obligation may affect populations of a few species in some areas, but generally this is unlikely to be the case; |
| --- | --- |

Q.

whereas fisheries discards contribute to the feeding of a range of scavenger species, from avian to mesopelagic and benthic communities, which are of importance in the trophic ecology chain; whereas scientific literature concludes that the reduction in discards through the landing obligation may affect populations of a few species in some areas, but generally this is unlikely to be the case;

| R. | whereas ‘choke species’ are fish species or stocks for which a given Member State, fleet or vessel has fewer fishing opportunities (quota) than for other species; whereas full and strict compliance with the landing obligation, especially in mixed fisheries, would mean closing the relevant fishery (‘choking’) once the (limited) quota for that species has been used up in order to stop any further catches of it; whereas the potential for choking in mixed fisheries remains a serious problem and may have contributed to the low implementation of the landing obligation and curtailed quota exchanges between Member States, thereby exacerbating the under-utilisation of fishing possibilities; |
| --- | --- |

R.

whereas ‘choke species’ are fish species or stocks for which a given Member State, fleet or vessel has fewer fishing opportunities (quota) than for other species; whereas full and strict compliance with the landing obligation, especially in mixed fisheries, would mean closing the relevant fishery (‘choking’) once the (limited) quota for that species has been used up in order to stop any further catches of it; whereas the potential for choking in mixed fisheries remains a serious problem and may have contributed to the low implementation of the landing obligation and curtailed quota exchanges between Member States, thereby exacerbating the under-utilisation of fishing possibilities;

| S. | whereas selectivity will not fully solve the problems in these fisheries as it may be technically difficult to reduce catches of the relevant choke stocks without causing large losses of other marketable catches, thus creating serious economic difficulties for the fleets concerned; whereas quota pools for by-catch have been recently adopted to counter choke species situations, the effectiveness of which remains to be assessed; |
| --- | --- |

S.

whereas selectivity will not fully solve the problems in these fisheries as it may be technically difficult to reduce catches of the relevant choke stocks without causing large losses of other marketable catches, thus creating serious economic difficulties for the fleets concerned; whereas quota pools for by-catch have been recently adopted to counter choke species situations, the effectiveness of which remains to be assessed;

| T. | whereas the amount of unwanted fish caught in the net and hauled on board can be significantly reduced in the first place through spatial and temporal avoidance and technical selectivity measures, thereby reducing handling time, fuel consumption and storage needs; |
| --- | --- |

T.

whereas the amount of unwanted fish caught in the net and hauled on board can be significantly reduced in the first place through spatial and temporal avoidance and technical selectivity measures, thereby reducing handling time, fuel consumption and storage needs;

| U. | whereas the STECF highlights that relatively few measures aimed at increasing selectivity were contained in the joint recommendations by Member States’ regional groups for the implementation of the landing obligation in 2021; whereas the number of pilot projects to test more selective gear or avoidance strategies, in accordance with Article 14 of the CFP, has been declining; |
| --- | --- |

U.

whereas the STECF highlights that relatively few measures aimed at increasing selectivity were contained in the joint recommendations by Member States’ regional groups for the implementation of the landing obligation in 2021; whereas the number of pilot projects to test more selective gear or avoidance strategies, in accordance with Article 14 of the CFP, has been declining;

| V. | whereas the Council has removed several species from the list of TACs over the past few years, thereby removing them also from being subject to the landing obligation; |
| --- | --- |

V.

whereas the Council has removed several species from the list of TACs over the past few years, thereby removing them also from being subject to the landing obligation;

| W. | whereas the landing obligation is an instrument to achieve the CFP’s goal of selectivity and not a goal in itself; |
| --- | --- |

W.

whereas the landing obligation is an instrument to achieve the CFP’s goal of selectivity and not a goal in itself;

| X. | whereas quota pools for by-catch have been recently adopted to counter choke species situations; |
| --- | --- |

X.

whereas quota pools for by-catch have been recently adopted to counter choke species situations;

| Y. | whereas discarding unwanted catches is a phenomenon present in all fisheries around the world and is not a unique problem to Europe; whereas the EU’s waters are notable for their abundance of mixed fisheries; whereas several third countries and self-governing territories have established discard bans to different extents, including Canada, the Faroe Islands, Norway, Iceland, Chile and New Zealand; whereas other third countries, such as the USA, have not banned discards since their fisheries legislation instead uses other approaches to reducing unwanted catches; whereas Norway and Iceland’s discards ban has been adapted over 30 years in response to specific problems; whereas the impact of Chile’s discard ban is not yet fully known because it has only just begun implementing it; whereas discards remain a major problem in New Zealand’s fisheries management; |
| --- | --- |

Y.

whereas discarding unwanted catches is a phenomenon present in all fisheries around the world and is not a unique problem to Europe; whereas the EU’s waters are notable for their abundance of mixed fisheries; whereas several third countries and self-governing territories have established discard bans to different extents, including Canada, the Faroe Islands, Norway, Iceland, Chile and New Zealand; whereas other third countries, such as the USA, have not banned discards since their fisheries legislation instead uses other approaches to reducing unwanted catches; whereas Norway and Iceland’s discards ban has been adapted over 30 years in response to specific problems; whereas the impact of Chile’s discard ban is not yet fully known because it has only just begun implementing it; whereas discards remain a major problem in New Zealand’s fisheries management;

| Z. | whereas the principle of relative stability, first set out in the CFP basic regulation of 1983 and implemented by the TACs and Quota Regulation of the same year, lays down a distributional key of the TAC by Member State based on the allocation principles of historical catches (1973-1978), dependency as enshrined in the Hague Preferences of 1976, and jurisdictional losses (1973-1976); |
| --- | --- |

Z.

whereas the principle of relative stability, first set out in the CFP basic regulation of 1983 and implemented by the TACs and Quota Regulation of the same year, lays down a distributional key of the TAC by Member State based on the allocation principles of historical catches (1973-1978), dependency as enshrined in the Hague Preferences of 1976, and jurisdictional losses (1973-1976);

| AA. | whereas almost 4 000 scientific papers have been published on discards, of which more than 3 700 are related to industrial fisheries, while fewer than 200 papers are focused on small-scale coastal fisheries; |
| --- | --- |

AA.

whereas almost 4 000 scientific papers have been published on discards, of which more than 3 700 are related to industrial fisheries, while fewer than 200 papers are focused on small-scale coastal fisheries;

| AB. | whereas since about 1950 many marine species across various groups have undergone shifts in geographical range and seasonal activities in response to ocean warming and biogeochemical changes, such as oxygen loss, to their habitats, which has resulted in shifts in species composition, abundance and biomass production of ecosystems, from the equator to the poles; whereas the change in the distribution of fish stocks has an impact on future fisheries management and hence also on the implementation of the landing obligation; |
| --- | --- |

AB.

whereas since about 1950 many marine species across various groups have undergone shifts in geographical range and seasonal activities in response to ocean warming and biogeochemical changes, such as oxygen loss, to their habitats, which has resulted in shifts in species composition, abundance and biomass production of ecosystems, from the equator to the poles; whereas the change in the distribution of fish stocks has an impact on future fisheries management and hence also on the implementation of the landing obligation;

| AC. | whereas the Commission conducted a socioeconomic impact assessment on discard reducing policies prior to its proposal for a new CFP basic regulation in July 2011, but has so far failed to thoroughly analyse its socioeconomic impact and effects on safety on board or to provide answers to the concerns about implementation raised by the Advisory Councils and Member States; |
| --- | --- |

AC.

whereas the Commission conducted a socioeconomic impact assessment on discard reducing policies prior to its proposal for a new CFP basic regulation in July 2011, but has so far failed to thoroughly analyse its socioeconomic impact and effects on safety on board or to provide answers to the concerns about implementation raised by the Advisory Councils and Member States;

| AD. | whereas the extent to which discards have been reduced is still unknown; whereas up to five Member States provided no response to the Commission’s questionnaire on the implementation of the landing obligation for 2019, and two of these States have failed to do so for the last three years; |
| --- | --- |

AD.

whereas the extent to which discards have been reduced is still unknown; whereas up to five Member States provided no response to the Commission’s questionnaire on the implementation of the landing obligation for 2019, and two of these States have failed to do so for the last three years;

| AE. | whereas differences in the control and enforcement of the landing obligation can lead to an uneven playing field within and between Member States; whereas in its reports evaluating compliance with the landing obligation, the EFCA found insufficient implementation by Member States and put forward recommendations to improve control; |
| --- | --- |

AE.

whereas differences in the control and enforcement of the landing obligation can lead to an uneven playing field within and between Member States; whereas in its reports evaluating compliance with the landing obligation, the EFCA found insufficient implementation by Member States and put forward recommendations to improve control;

| AF. | whereas the Commission must submit a report to the European Parliament and the Council on the implementation of the CFP, including the landing obligation, by 31 December 2022; |
| --- | --- |

AF.

whereas the Commission must submit a report to the European Parliament and the Council on the implementation of the CFP, including the landing obligation, by 31 December 2022;

| 1. | Affirms the EU’s overall objective of ensuring the sustainable exploitation of fish stocks and the protection of marine ecosystems; highlights that reducing discards and minimising unwanted catches are a public policy priority that has been shaped in response to concerns over accountability, conservation and the wasting of natural resources, as well as the scientific need to fully account for all sources of fishing mortality; |
| --- | --- |

1.

| 2. | Regrets that the Commission’s annual reports on the state of play of the CFP include very little information on the implementation of the landing obligation, with no information so far on the extent to which discards have been reduced under the obligation and with no analysis of the socioeconomic impact of the obligation or the effects of its implementation on safety on board fishing vessels; |
| --- | --- |

2.

| 3. | Acknowledges that the introduction of the landing obligation represents a paradigm shift and one of the greatest challenges in the history of EU fisheries management — from recording landings, and even making discards mandatory at times, to a system that records the entire catch — which together with the introduction of the MSY policy, has inevitably had a range of far-reaching short- and long-term ecological and socioeconomic impacts; stresses the need for an assessment of the socioeconomic impact of the landing obligation; |
| --- | --- |

3.

| 4. | Notes that the MSY policy does not imply that there are no discards, and discarding does not mean that the MSY could not be reached — evidence of both statements can be found in many stocks, including by-catch species; |
| --- | --- |

4.

| 5. | Highlights the progress made in terms of stakeholder cooperation and the steps taken to improve selectivity; notes, however, that, according to the Commission and the STECF, implementation of the landing obligation remains low overall and that discarding is occurring at rates roughly comparable to the years before the landing obligation was introduced; |
| --- | --- |

5.

| 6. | Acknowledges that since 2010 there has been an obligation to record discards in the logbook under the Fisheries Control Regulation; deplores that, despite the introduction of the landing obligation, there is still limited reliable data and knowledge on the volume of discards, the number of precautionary TACs has increased, in contrast with the reduction in the quantities of analytical TACs, and the availability of scientific information on the status of the stocks has not substantially improved; |
| --- | --- |

6.

| 7. | Notes that the landing obligation continues to raise concerns in the fishing industry and within the scientific community due to obstacles of a diverse nature; points out that the fisheries sector’s causes of concern are the lack of adequate infrastructure at ports, rising operating costs, lack of incentives for compliance provided by the authorities, and difficulties in achieving greater selectivity in some fisheries without jeopardising the economic viability of fishing, especially in mixed fisheries exposed to a high risk of choke situations leading to under-utilisation of available quota and potential early closure of fisheries and creating serious economic difficulties for the fleets concerned; notes that so far only two cases have been reported: sole (Belgium) and bigeye tuna (France); |
| --- | --- |

7.

| 8. | Regrets that the difficulties encountered in implementing the discard ban have led to a negative depiction of fishers and the efforts of the fisheries sector, despite the progress made in achieving the MSY objective; |
| --- | --- |

8.

| 9. | Notes the recent measures taken to date — quota swaps and quota pools for by-catch species — although these measures are mostly non-permanent and subject to negotiations between the Member States and their efficiency still needs to be thoroughly assessed; highlights the need to remove administrative obstacles to an effective implementation of the landing obligation and to enhance the development and uptake of new selective gear and further develop effective by-catch reduction plans with the aim of rebuilding vulnerable stocks; |
| --- | --- |

9.

| 10. | Stresses the potential and the need for the use of the exceptions (high survivability and the de minimis exemption) provided for in the regulation to facilitate implementation and counteract potential choke situations; recalls that reliable and accurate evidence and data need to be provided and recommends that the process for granting exemptions should be streamlined, including better scientific data collection; |
| --- | --- |

10.

| 11. | Stresses that the STECF has acknowledged that the quality of submissions to support the exemptions has generally improved since the first joint recommendations were submitted in 2014; recognises that providing data and information in support of the exemptions can be challenging due to the nature of the data required; notes with concern, however, that the STECF has highlighted that there are many cases where the information and data supplied are not species and/or fishery specific and the same studies and assumptions are used to support multiple exemptions; stresses that the absence of species- and fishery-specific data and information makes it difficult to evaluate the likely impact of a proposed exemption or whether the exemption meets the conditions for the de minimis or high survival exemptions; |
| --- | --- |

11.

| 12. | Is concerned that the progressive reduction of certain flexible arrangements, such as the de minimis exemption, may cause or aggravate the choking effect and lead to the closure of fisheries; stresses the need to continue developing effective by-catch reduction schemes in less selective fisheries such as pelagic trawling grounds; |
| --- | --- |

12.

| 13. | Recalls that the landing obligation is not a goal in itself but a tool to drive improvements in fishing and operational behaviour, incentivise the development and usage of more selective gears to minimise unwanted catches, and improve catch documentation for a better understanding and scientific assessment of fish stocks; notes that many fishers do not concur with the link between the objectives of the landing obligation and its implementation, which tends to hamper compliance; recognises that while pursuing this ultimate objective requires time and sufficient knowledge, greater efforts are needed to promote a common understanding of it and to put into practice the results of the studies carried out by scientists and fishers to improve selectivity and reduce unwanted catches; calls on the Commission to continue to support plans to improve selectivity, including where appropriate by using incentives for the uptake of more selective gear; |
| --- | --- |

13.

| 14. | Stresses the specificities of the outermost regions, particularly in terms of vessels, ageing fleets, and ports with reduced storage and processing capacity, which may render the landing obligation impractical; |
| --- | --- |

14.

| 15. | Notes that discard levels vary heavily from fisheries to sea basins, leading to the perception that the ‘one rule fits all’ approach may not be the optimal strategy to encourage fishers to become more selective; calls on the Commission to identify the main shortcomings and to propose adapted and tailor-made solutions for specific fisheries for each sea basin, paying particular attention to small-scale artisanal fishing, especially in the outermost regions; |
| --- | --- |

15.

| 16. | Recalls that the current legal framework provides the legal basis for Member States to actively work together to define selective fishing rules in a more flexible manner and to deploy scientifically proven mitigation tools; calls on the Member States to enhance their cooperation through a regional approach, including the involvement of relevant stakeholders and Advisory Councils, and to make full use of the subsidies available to them to this end; reiterates the need to ensure a level playing field in the implementation of the landing obligation; |
| --- | --- |

16.

| 17. | Welcomes the results from recent scientific studies (e.g. DiscardLess, MINOUW and LIFE iSEAS) on innovative gear selectivity, avoidance strategies and vessel modifications to handle unwanted catches on board; considers it necessary to continue research efforts to improve gear selectivity, avoidance strategies and handling of unwanted catches; welcomes the proposed ‘Mission Starfish 2030: Restore our Ocean and Waters’ and considers that a mission in the area of healthy oceans, seas and coastal and inland waters will help develop urgently needed solutions that have a direct impact on the fishing sector and the sustainable use and management of ocean resources; |
| --- | --- |

17.

| 18. | Stresses that efficient fisheries management systems, including being able to use all elements to properly implement the landing obligation and achieve the objectives of the CFP, need to be supported by accurate and reliable catch documentation and scientific data; calls on the Commission and the Member States to step up efforts to fully implement applicable EU legislation if needed and to take further action to ensure full documentation and data collection, in a manner proportionate to their fishing capacity for the small-scale coastal fleet; |
| --- | --- |

18.

| 19. | Is concerned about the lack of proper control over and compliance with the landing obligation and underlines the negative impact of such deficiencies on sustainability, also due to the setting of TACs based on total catch including so-called ‘top-ups’ to cover fish previously discarded; |
| --- | --- |

19.

| 20. | Highlights that the existence of numerous rules, exemptions and derogations adopted over the past few years complicates the implementation of the landing obligation and the compliance evaluation by the EFCA, making it more difficult to achieve the objectives of protecting and improving the sustainability of fisheries; stresses that the use of the exemptions as provided in the CFP is of the utmost importance for the implementation of the landing obligation; |
| --- | --- |

20.

| 21. | Calls for better use to be made of new technologies and digital solutions developed in cooperation with the fishing sector and Member States’ authorities to improve monitoring, control and surveillance, in full respect of privacy rights and business confidentiality; |
| --- | --- |

21.

| 22. | Stresses the crucial role of fishers and other stakeholders in implementing policies, thus fostering a culture of compliance, and gradual and adaptable changes in landing obligation rules over time; highlights the additional benefits of voluntary and incentive-linked schemes to improve fishers’ involvement; |
| --- | --- |

22.

| 23. | Stresses that while improving selectivity must continue to be a high priority, implementing the landing obligation requires a cross-sectoral approach and clear incentives to be devised to encourage best-practice mitigation; recommends the following accompanying measures and management tools:






  (a) | further use and optimisation of quota-based tools, in line with the principles of the CFP and provided that effective control measures are put in place, such as: |
| --- | --- | --- |

23.

(a)

further use and optimisation of quota-based tools, in line with the principles of the CFP and provided that effective control measures are put in place, such as:

| — | the distribution of quotas in line with the expected catch composition; |
| --- | --- |

—

the distribution of quotas in line with the expected catch composition;

| — | adjustments through quota swaps with other Member States and neighbouring third countries with which the EU shares stocks, carried out in a flexible and efficient manner to avoid under-utilisation of quotas by, for example, moving towards permanent and not only annually renewable mechanisms after the setting of TACs and quotas, in line with the best available scientific advice; |
| --- | --- |

—

adjustments through quota swaps with other Member States and neighbouring third countries with which the EU shares stocks, carried out in a flexible and efficient manner to avoid under-utilisation of quotas by, for example, moving towards permanent and not only annually renewable mechanisms after the setting of TACs and quotas, in line with the best available scientific advice;

| — | allocation of estimated discard share of quotas for fishers, especially those operating on a small scale, that opt to use more selective gear; |
| --- | --- |

—

allocation of estimated discard share of quotas for fishers, especially those operating on a small scale, that opt to use more selective gear;

| (b) | studying the feasibility of implementing a marine spatial planning and area-based management approach in order to avoid discards by guiding fishers to areas where undersized fish are less likely to be present, while ensuring that such measures do not result in an extensive non-use of other commercially sized species; |
| --- | --- |

(b)

studying the feasibility of implementing a marine spatial planning and area-based management approach in order to avoid discards by guiding fishers to areas where undersized fish are less likely to be present, while ensuring that such measures do not result in an extensive non-use of other commercially sized species;

| (c) | providing greater flexibility to allow fishers to choose gear solutions, coupled with greater responsibility for documentation (full documentation of catches); |
| --- | --- |

(c)

providing greater flexibility to allow fishers to choose gear solutions, coupled with greater responsibility for documentation (full documentation of catches);

| (d) | providing flexible mechanisms for the approval of new types of selective gear in order to incentivise stakeholders to apply for and carry out pilot projects; |
| --- | --- |

(d)

providing flexible mechanisms for the approval of new types of selective gear in order to incentivise stakeholders to apply for and carry out pilot projects;

| (e) | granting exclusive access to fishing locations or time periods in order to encourage selectivity; |
| --- | --- |

(e)

granting exclusive access to fishing locations or time periods in order to encourage selectivity;

| (f) | adopting strategies to make the best use of unwanted catches for purposes other than human consumption without creating a demand for undersized catches and provided that it is feasible for fishers in economic and operational terms; |
| --- | --- |

(f)

adopting strategies to make the best use of unwanted catches for purposes other than human consumption without creating a demand for undersized catches and provided that it is feasible for fishers in economic and operational terms;

| (g) | developing a discard atlas as an inventory of unwanted catches in the different fisheries and areas in order to better develop regional by-catch plans, involving Member States and the fishing industry and supported by the European Maritime and Fisheries and Aquaculture Fund; |
| --- | --- |

(g)

developing a discard atlas as an inventory of unwanted catches in the different fisheries and areas in order to better develop regional by-catch plans, involving Member States and the fishing industry and supported by the European Maritime and Fisheries and Aquaculture Fund;

| (h) | using and developing voluntary and incentive-linked artificial intelligence tools to increase selectivity and control and improve species identification, in collaboration with the fishing sector and Member States’ authorities; |
| --- | --- |

(h)

using and developing voluntary and incentive-linked artificial intelligence tools to increase selectivity and control and improve species identification, in collaboration with the fishing sector and Member States’ authorities;

| (i) | progressively introducing the requirement for compliance with the same discard policy for imports of fisheries products from third countries in order to eliminate the comparative disadvantage and unfair competition for the European fleet, while moving towards better protection of global fisheries resources; |
| --- | --- |

(i)

progressively introducing the requirement for compliance with the same discard policy for imports of fisheries products from third countries in order to eliminate the comparative disadvantage and unfair competition for the European fleet, while moving towards better protection of global fisheries resources;

| (j) | renewing the Commission’s obligation to report annually on the state of play of the CFP and the implementation of the landing obligation, and providing more information on its implementation, including the socioeconomic impact and, among other aspects, fuel consumption, storage space, the effects on safety and working conditions on board fishing vessels, the reduction of discards and unwanted catches, and the improved status of stocks (MSY); |
| --- | --- |

(j)

renewing the Commission’s obligation to report annually on the state of play of the CFP and the implementation of the landing obligation, and providing more information on its implementation, including the socioeconomic impact and, among other aspects, fuel consumption, storage space, the effects on safety and working conditions on board fishing vessels, the reduction of discards and unwanted catches, and the improved status of stocks (MSY);

| 24. | Calls on the Commission, within the framework of the evaluation report on the implementation of the CFP due in 2022 to, in particular:






  (a) | assess the extent to which the reduction of discards under the landing obligation has been achieved and whether it has contributed to improving the status of stocks (MSY) and to reducing the impact on the marine ecosystem; |
| --- | --- | --- |

24.

(a)

assess the extent to which the reduction of discards under the landing obligation has been achieved and whether it has contributed to improving the status of stocks (MSY) and to reducing the impact on the marine ecosystem;

| (b) | assess the socioeconomic impact of the landing obligation, the remuneration system, the number of crew members and the safety and working conditions on board, in line with FAO and ILO recommendations; |
| --- | --- |

(b)

assess the socioeconomic impact of the landing obligation, the remuneration system, the number of crew members and the safety and working conditions on board, in line with FAO and ILO recommendations;

| (c) | identify and monitor fisheries where scientific evidence indicates that increases in selectivity are currently difficult to achieve; |
| --- | --- |

(c)

identify and monitor fisheries where scientific evidence indicates that increases in selectivity are currently difficult to achieve;

| (d) | assess the effectiveness and applicability of the recently adopted quota pools for by-catch as an efficient and applicable tool to counter choke species situations; |
| --- | --- |

(d)

assess the effectiveness and applicability of the recently adopted quota pools for by-catch as an efficient and applicable tool to counter choke species situations;

| (e) | assess the impact on the sustainability of the species removed by the Council from the list of stocks subject to TACs in recent years and evaluate the potential consequences of its reintroduction under the TAC system; |
| --- | --- |

(e)

assess the impact on the sustainability of the species removed by the Council from the list of stocks subject to TACs in recent years and evaluate the potential consequences of its reintroduction under the TAC system;

| (f) | identify and remove the administrative difficulties encountered in developing and implementing selectivity pilot projects, which are hampering fishers’ efforts to be more selective; |
| --- | --- |

(f)

identify and remove the administrative difficulties encountered in developing and implementing selectivity pilot projects, which are hampering fishers’ efforts to be more selective;

| (g) | identify commercial and/or charitable opportunities in an effort to have the best possible usage of those unavoidable landed catches below minimum conservation reference sizes and unwanted catches, in order to avoid waste of natural resources, as well as avoiding jeopardising the sustainability objectives of the CFP; |
| --- | --- |

(g)

identify commercial and/or charitable opportunities in an effort to have the best possible usage of those unavoidable landed catches below minimum conservation reference sizes and unwanted catches, in order to avoid waste of natural resources, as well as avoiding jeopardising the sustainability objectives of the CFP;

| (h) | assess whether the current landing obligation policy is fit for purpose and evaluate the feasibility of adapting the landing obligation on a case-by-case basis by fishery and/or stock; |
| --- | --- |

(h)

assess whether the current landing obligation policy is fit for purpose and evaluate the feasibility of adapting the landing obligation on a case-by-case basis by fishery and/or stock;

| (i) | assess pathways for better adaptation and simplification of Article 15 of the CFP to facilitate its implementation and understanding by all stakeholders and in particular the use by Member States of the overall available tools provided by the legal framework in place to improve selectivity and reduce unwanted catches; |
| --- | --- |

(i)

assess pathways for better adaptation and simplification of Article 15 of the CFP to facilitate its implementation and understanding by all stakeholders and in particular the use by Member States of the overall available tools provided by the legal framework in place to improve selectivity and reduce unwanted catches;

| 25. | Calls on the Commission to submit, based on this evaluation and if appropriate, a legislative proposal in order to better achieve the objectives of reducing discards and improving stocks; |
| --- | --- |

25.

| 26. | Underlines the concern that stocks shared with third countries are not always subject to the same provisions on discards; stresses the need for progressive convergence with regard to the main objectives of fisheries management in order to ensure the highest standards for achieving good environmental status vis-à-vis the shared marine ecosystem, sustainability of the fishing activity and maintaining a level playing field with third countries, in particular the United Kingdom; |
| --- | --- |

26.

| 27. | Instructs its President to forward this resolution to the Council, the Commission, the Committee of the Regions, the European Economic and Social Committee and the governments and parliaments of the Member States. |
| --- | --- |

27.

---

(1)  OJ L 354, 28.12.2013, p. 22.

(2)  OJ L 198, 25.7.2019, p. 105.

(3)  OJ L 25, 31.1.2017, p. 12.

(4)  Borges, L., The unintended impact of the European discard ban, ICES Journal of Marine Science, Volume 78, Issue 1, January-February 2021, pp. 134–141, https://doi.org/10.1093/icesjms/fsaa200

(5)  Landing Obligation and Choke Species in Multispecies and Mixed Fisheries — The North Sea.

(6)  Landing Obligation and Choke Species in Multispecies and Mixed Fisheries — The North Western Waters.

(7)  Landing Obligation and Choke Species in Multispecies and Mixed Fisheries — The South Western Waters.

(8)  Discard ban, landing obligation and MSY in the Western Mediterranean Sea — the Spanish case.

(9)  Discard ban, landing obligation and MSY in the Western Mediterranean Sea — the Italian case.

(10)  Uhlmann, Sven & Ulrich, Clara & Kennelly, Steven. (2019). The European Landing Obligation Reducing Discards in Complex, Multi-Species and Multi-Jurisdictional Fisheries: Reducing Discards in Complex, Multi-Species and Multi-Jurisdictional Fisheries.

(11)  A third assessment of global marine fisheries discards, FAO, 2019.

(12)  Evaluation of Member States' Annual Reports on the Landing Obligation (for 2019) (STECF-Adhoc-20-02).

(13)  Market outlets for unwanted catches. EUMOFA. 2020.

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Wednesday 19 May 2021

| 12.1.2022 | EN | Official Journal of the European Union | C 15/18 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/18

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P9_TA(2021)0236

Challenges of sports events organisers in the digital environment

European Parliament resolution of 19 May 2021 with recommendations to the Commission on challenges of sports events organisers in the digital environment (2020/2073(INL))

(2022/C 15/03)

The European Parliament,

| — | having regard to Article 225 of the Treaty on the Functioning of the European Union (‘the TFEU’), |
| --- | --- |

—

having regard to Article 225 of the Treaty on the Functioning of the European Union (‘the TFEU’),

| — | having regard to Article 114 TFEU, |
| --- | --- |

—

having regard to Article 114 TFEU,

| — | having regard to the Charter of Fundamental Rights of the European Union and in particular Articles 7, 8, 11, 16, 17(2), 47 and 52 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union and in particular Articles 7, 8, 11, 16, 17(2), 47 and 52 thereof,

| — | having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (1), |
| --- | --- |

—

having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (1),

| — | having regard to the Commission’s Statement on sport event organisers, annexed to the European Parliament legislative resolution of 26 March 2019 on the proposal for a directive of the European Parliament and of the Council on copyright in the Digital Single Market (2), |
| --- | --- |

—

having regard to the Commission’s Statement on sport event organisers, annexed to the European Parliament legislative resolution of 26 March 2019 on the proposal for a directive of the European Parliament and of the Council on copyright in the Digital Single Market (2),

| — | having regard to Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC (3), |
| --- | --- |

—

having regard to Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC (3),

| — | having regard to Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market (4), |
| --- | --- |

—

having regard to Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market (4),

| — | having regard to Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (5) (the Enforcement Directive), |
| --- | --- |

—

having regard to Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (5) (the Enforcement Directive),

| — | having regard to Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (6), |
| --- | --- |

—

having regard to Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (6),

| — | having regard to Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (7), |
| --- | --- |

—

having regard to Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (7),

| — | having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (‘Audiovisual Media Services Directive’) (8), |
| --- | --- |

—

having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (‘Audiovisual Media Services Directive’) (8),

| — | having regard to the Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (9) and the Communication from the Commission of 28 September 2017 to the European Parliament, the Council and the European Economic and Social Committee, entitled ‘Tackling Illegal Content Online: Towards an enhanced responsibility of online platforms’ (COM(2017)0555), |
| --- | --- |

—

having regard to the Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (9) and the Communication from the Commission of 28 September 2017 to the European Parliament, the Council and the European Economic and Social Committee, entitled ‘Tackling Illegal Content Online: Towards an enhanced responsibility of online platforms’ (COM(2017)0555),

| — | having regard to the Communication from the Commission of 29 November 2017 to the European Parliament, the Council and the European Economic and Social Committee entitled ‘Guidance on certain aspects of Directive 2004/48/EC of the European Parliament and of the Council on the enforcement of intellectual property rights’ (COM(2017)0708), |
| --- | --- |

—

having regard to the Communication from the Commission of 29 November 2017 to the European Parliament, the Council and the European Economic and Social Committee entitled ‘Guidance on certain aspects of Directive 2004/48/EC of the European Parliament and of the Council on the enforcement of intellectual property rights’ (COM(2017)0708),

| — | having regard to the Memorandum of Understanding of 25 June 2018 on online advertising and intellectual property rights facilitated by the European Commission and the Report of the Commission on the functioning of the Memorandum of Understanding on online advertising and intellectual property rights (SWD(2020)0167), |
| --- | --- |

—

having regard to the Memorandum of Understanding of 25 June 2018 on online advertising and intellectual property rights facilitated by the European Commission and the Report of the Commission on the functioning of the Memorandum of Understanding on online advertising and intellectual property rights (SWD(2020)0167),

| — | having regard to Rules 47 and 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 47 and 54 of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Culture and Education, |
| --- | --- |

—

having regard to the opinion of the Committee on Culture and Education,

| — | having regard to the report of the Committee on Legal Affairs (A9-0139/2021), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A9-0139/2021),

| A. | whereas sport plays a key role in the social, cultural and economic prosperity of the Union and promotes common values of solidarity, diversity and social inclusion, making significant contributions to the economy and to social development; |
| --- | --- |

A.

whereas sport plays a key role in the social, cultural and economic prosperity of the Union and promotes common values of solidarity, diversity and social inclusion, making significant contributions to the economy and to social development;

| B. | whereas, under Article 165 TFEU, the Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport; whereas the contribution of sport to achieving the Union’s overall objectives such as environmental protection, digitalisation and inclusiveness should also be taken into account, and the Union should aim at further developing and preserving the European dimension of sport in the digital environment; |
| --- | --- |

B.

whereas, under Article 165 TFEU, the Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport; whereas the contribution of sport to achieving the Union’s overall objectives such as environmental protection, digitalisation and inclusiveness should also be taken into account, and the Union should aim at further developing and preserving the European dimension of sport in the digital environment;

| C. | whereas, in addition, sport promotes and instils values such as mutual respect and understanding, solidarity, equality, inclusiveness, diversity, fairness, cooperation, and civic engagement, while substantially contributing to educational and cultural values, and can be considered as a cultural and social necessity; whereas it is essential that these values are encouraged by sports events organisers, broadcasters, online intermediaries, national authorities and other stakeholders in the sport sector; whereas the Union's sport policy must support the aims and objectives of both professional and amateur sports and can help address transnational challenges; |
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C.

whereas, in addition, sport promotes and instils values such as mutual respect and understanding, solidarity, equality, inclusiveness, diversity, fairness, cooperation, and civic engagement, while substantially contributing to educational and cultural values, and can be considered as a cultural and social necessity; whereas it is essential that these values are encouraged by sports events organisers, broadcasters, online intermediaries, national authorities and other stakeholders in the sport sector; whereas the Union's sport policy must support the aims and objectives of both professional and amateur sports and can help address transnational challenges;

| D. | whereas sport serves as a vector for integration; whereas sports stakeholders, municipalities and the sports community should cooperate to move towards a more sustainable and inclusive sports sector by facilitating participation in sports events for all members of the public, especially people with fewer opportunities, and regardless of their age, gender, disability or ethnic origin; |
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D.

whereas sport serves as a vector for integration; whereas sports stakeholders, municipalities and the sports community should cooperate to move towards a more sustainable and inclusive sports sector by facilitating participation in sports events for all members of the public, especially people with fewer opportunities, and regardless of their age, gender, disability or ethnic origin;

| E. | whereas fan culture is an indispensable part of the sports experience and not just a backdrop for marketing a product; |
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E.

whereas fan culture is an indispensable part of the sports experience and not just a backdrop for marketing a product;

| F. | whereas sport related sectors represent 2,12 % of Union GDP and 2,72 % of employment within the Union; whereas sports events have a significant territorial impact in terms of participation and the economy; |
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F.

whereas sport related sectors represent 2,12 % of Union GDP and 2,72 % of employment within the Union; whereas sports events have a significant territorial impact in terms of participation and the economy;

| G. | whereas grassroots sport is the basis for the professional level, as small sports clubs constitute the backbone of European grassroots sport and make a significant contribution to the development of young athletes and mostly work on a voluntary basis; whereas 35 million amateurs contribute to the development of mass-participation sport and the dissemination of the values of sport; |
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G.

whereas grassroots sport is the basis for the professional level, as small sports clubs constitute the backbone of European grassroots sport and make a significant contribution to the development of young athletes and mostly work on a voluntary basis; whereas 35 million amateurs contribute to the development of mass-participation sport and the dissemination of the values of sport;

| H. | whereas the development of the digital environment and of new technologies has made it easier for all fans to access sports events broadcasts on all kinds of devices, increasing potential exposure to illegal content and enlarging the number of people who can access such broadcasts, and has offered opportunities for sports that are traditionally not broadcasted, to get more visibility; whereas, furthermore, it has boosted the development of new online business models, creating new ways of generating revenue; whereas, at the same time, it has facilitated the illegal online transmission of sports broadcasts and online piracy within and outside the Union, which is detrimental to both professional and grassroots sports and threatens the organisation and sustainability of sports events, as well as the financial stability of the whole sports sector; |
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H.

whereas the development of the digital environment and of new technologies has made it easier for all fans to access sports events broadcasts on all kinds of devices, increasing potential exposure to illegal content and enlarging the number of people who can access such broadcasts, and has offered opportunities for sports that are traditionally not broadcasted, to get more visibility; whereas, furthermore, it has boosted the development of new online business models, creating new ways of generating revenue; whereas, at the same time, it has facilitated the illegal online transmission of sports broadcasts and online piracy within and outside the Union, which is detrimental to both professional and grassroots sports and threatens the organisation and sustainability of sports events, as well as the financial stability of the whole sports sector;

| I. | whereas the protection of intellectual property rights is a fundamental right enshrined in the Charter of Fundamental Rights; whereas the meaning and scope of the fundamental rights enshrined in the Charter are to be determined in accordance with the corresponding case law of the European Court of Human Rights; |
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I.

whereas the protection of intellectual property rights is a fundamental right enshrined in the Charter of Fundamental Rights; whereas the meaning and scope of the fundamental rights enshrined in the Charter are to be determined in accordance with the corresponding case law of the European Court of Human Rights;

| J. | whereas fan culture, which is built upon the freedom to share and live the sports experience both in real time and preceding or following live sports events, is an essential element of the role that sport plays in European society; |
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J.

whereas fan culture, which is built upon the freedom to share and live the sports experience both in real time and preceding or following live sports events, is an essential element of the role that sport plays in European society;

| K. | whereas the illegal transmission of sports events and the dissemination of illegal content online not only cause significant economic harm to the sports sector, resulting in losses in subscription and advertising revenue, but are also harmful for end users, such as fans and consumers, due for example to such end users being exposed to personal data theft, malware or other online related forms of harm or detriment; whereas illegal broadcasts of sports events is often part of the growing activities of criminal organisations; whereas online piracy not only affects live sports broadcasts available through subscription services, but also free-to-air broadcasts of sports events; |
| --- | --- |

K.

whereas the illegal transmission of sports events and the dissemination of illegal content online not only cause significant economic harm to the sports sector, resulting in losses in subscription and advertising revenue, but are also harmful for end users, such as fans and consumers, due for example to such end users being exposed to personal data theft, malware or other online related forms of harm or detriment; whereas illegal broadcasts of sports events is often part of the growing activities of criminal organisations; whereas online piracy not only affects live sports broadcasts available through subscription services, but also free-to-air broadcasts of sports events;

| L. | whereas the COVID-19 pandemic and the restrictions of access to sports events have led to a drop in the sale of tickets for sports events and at the same time created opportunities for developing subscriptions to sports channels, and for enlarging online and television broadcast audiences, as well as for illegal streaming of sports events; |
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L.

whereas the COVID-19 pandemic and the restrictions of access to sports events have led to a drop in the sale of tickets for sports events and at the same time created opportunities for developing subscriptions to sports channels, and for enlarging online and television broadcast audiences, as well as for illegal streaming of sports events;

| M. | whereas, unlike other sectors, most of the value of a sports event broadcast lies in the fact that it is live and most of that value is lost when the event ends; whereas illegal streaming of sports event broadcasts is at its most harmful in the first thirty minutes of its appearance online; whereas, consequently and only in this context, an immediate reaction is needed to put an end to the illegal transmission online of sports events; |
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M.

whereas, unlike other sectors, most of the value of a sports event broadcast lies in the fact that it is live and most of that value is lost when the event ends; whereas illegal streaming of sports event broadcasts is at its most harmful in the first thirty minutes of its appearance online; whereas, consequently and only in this context, an immediate reaction is needed to put an end to the illegal transmission online of sports events;

| N. | whereas action should focus on where illegal content streams originate, namely illegal website enablers, and not on individual users, such as fans and consumers, who unwillingly and unknowingly are involved in illegal streaming; |
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N.

whereas action should focus on where illegal content streams originate, namely illegal website enablers, and not on individual users, such as fans and consumers, who unwillingly and unknowingly are involved in illegal streaming;

| O. | whereas, in recent years, new multimedia channels have proliferated for the illegal distribution of live sports events, among which the illicit use of Internet Protocol Television (IPTV) stands out due to its increasing volume; |
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O.

whereas, in recent years, new multimedia channels have proliferated for the illegal distribution of live sports events, among which the illicit use of Internet Protocol Television (IPTV) stands out due to its increasing volume;

| P. | whereas the illegal transmission of a whole sports event is to be distinguished from short sequences shared among and by fans that pertain to a fan culture, in order to highlight incidents of, for example, hate speech and racism taking place; whereas such illegal transmissions are also to be distinguished from content legally shared under limitations and exceptions provided for in copyright law, or content shared by journalists for the purpose of informing the general public, as set out in the Audiovisual Media Services Directive; whereas the measures aimed at protecting broadcast rights against illegal use and piracy must not affect press freedom or the news media’s ability to inform citizens; |
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P.

whereas the illegal transmission of a whole sports event is to be distinguished from short sequences shared among and by fans that pertain to a fan culture, in order to highlight incidents of, for example, hate speech and racism taking place; whereas such illegal transmissions are also to be distinguished from content legally shared under limitations and exceptions provided for in copyright law, or content shared by journalists for the purpose of informing the general public, as set out in the Audiovisual Media Services Directive; whereas the measures aimed at protecting broadcast rights against illegal use and piracy must not affect press freedom or the news media’s ability to inform citizens;

| Q. | whereas certain major sports events are of general public interest and access to real-time information about them should therefore be guaranteed for all citizens and not be subject to undue or illegal restrictions; whereas this also concerns the journalists and news reporters who may provide such real-time information; whereas Member States should support the broadcasting of major sports events free-to-air, as a form of popular culture that plays an important part in the lives of citizens; |
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Q.

whereas certain major sports events are of general public interest and access to real-time information about them should therefore be guaranteed for all citizens and not be subject to undue or illegal restrictions; whereas this also concerns the journalists and news reporters who may provide such real-time information; whereas Member States should support the broadcasting of major sports events free-to-air, as a form of popular culture that plays an important part in the lives of citizens;

| R. | whereas the number of rightholders, intermediaries and other service providers which develop software tools able to identify illegal broadcasting of live sports events with a minimum margin of error is steadily increasing; whereas, at the same time, the reliability of notifications issued by those rightholders, intermediaries and other service providers depends on the accuracy and technical quality of the software tools they deploy to identify illegal broadcasting of live sports events; |
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R.

whereas the number of rightholders, intermediaries and other service providers which develop software tools able to identify illegal broadcasting of live sports events with a minimum margin of error is steadily increasing; whereas, at the same time, the reliability of notifications issued by those rightholders, intermediaries and other service providers depends on the accuracy and technical quality of the software tools they deploy to identify illegal broadcasting of live sports events;

| S. | whereas those rightholders, intermediaries and other service providers whose software tools are able to effectively and reliably identify illegal broadcasting of live sports events should be considered as ‘certified trusted flaggers’; whereas the fulfilment of quality and accuracy standards should be required in order to be legally considered a certified trusted flagger; whereas a certificate based on common Union requirements would be the preferred option to ensure a coherent and effective recognition of trusted flaggers; |
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S.

whereas those rightholders, intermediaries and other service providers whose software tools are able to effectively and reliably identify illegal broadcasting of live sports events should be considered as ‘certified trusted flaggers’; whereas the fulfilment of quality and accuracy standards should be required in order to be legally considered a certified trusted flagger; whereas a certificate based on common Union requirements would be the preferred option to ensure a coherent and effective recognition of trusted flaggers;

| T. | whereas research and innovation to develop improved software tools to identify and report illegal broadcasting of live sports events should be promoted by the Union and the Member States; |
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T.

whereas research and innovation to develop improved software tools to identify and report illegal broadcasting of live sports events should be promoted by the Union and the Member States;

| U. | whereas sports events are not the subject matter of copyright protection under Union law, but as such they have a unique and, to that extent, original character which can transform them into subject-matter that is worthy of protection comparable to that of copyright works; whereas there is no harmonised protection in Union law for sports events organisers as such; whereas, however, specific protection for sports events organisers is provided for in the legislation of some Member States, generating legal uncertainty and fragmentation of the Union regulatory framework; |
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U.

whereas sports events are not the subject matter of copyright protection under Union law, but as such they have a unique and, to that extent, original character which can transform them into subject-matter that is worthy of protection comparable to that of copyright works; whereas there is no harmonised protection in Union law for sports events organisers as such; whereas, however, specific protection for sports events organisers is provided for in the legislation of some Member States, generating legal uncertainty and fragmentation of the Union regulatory framework;

| V. | whereas Union law provides for a general framework for notice and action mechanisms enabling the removal of, or disabling of access to, illegal information stored by intermediaries; whereas Union law provides for civil enforcement measures that judicial or administrative authorities can take under certain conditions to prevent or to block intellectual property rights infringements; |
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V.

whereas Union law provides for a general framework for notice and action mechanisms enabling the removal of, or disabling of access to, illegal information stored by intermediaries; whereas Union law provides for civil enforcement measures that judicial or administrative authorities can take under certain conditions to prevent or to block intellectual property rights infringements;

| W. | whereas, however, the current legal framework does not allow for the necessary immediate action needed to remedy the illegal broadcast of live sports events; whereas, moreover, some Member States have adopted rules on notice and action mechanisms that are not harmonised at Union level; |
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W.

whereas, however, the current legal framework does not allow for the necessary immediate action needed to remedy the illegal broadcast of live sports events; whereas, moreover, some Member States have adopted rules on notice and action mechanisms that are not harmonised at Union level;

Introduction and general remarks

| 1. | Requests that the Commission, after carrying out the necessary impact assessment, submit without undue delay, on the basis of Article 114 TFEU, a proposal for legislative acts, following the recommendations set out in the Annex hereto; |
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1.

| 2. | Considers that sport makes a significant contribution to social inclusion, education and training, job creation, employability and public health in the Union; considers, also, that the revenues stemming from the organisation of sports events should contribute to a larger extent to the financing of sporting activities that are beneficial to society, thus reflecting the social importance of sport; notes that in many European countries money allocated to grassroots sport depends directly on revenue from sports broadcasting rights; highlights, therefore, the need for reinforced financial solidarity in the sports ecosystem and notes that a part of such revenue should be directed towards the development of grassroots sports, para-sports and sports that get less media coverage; |
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2.

| 3. | Recalls the statement of the Commission included as an Annex to the Resolution of the European Parliament on Copyright in the Digital Single Market adopted in March 2019, according to which ‘the Commission will assess the challenges of sport event organisers in the digital environment, in particular issues related to the illegal online transmissions of sport broadcasts’; |
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3.

Sports events and intellectual property rights

| 4. | Notes that sports events as such cannot be subject to copyright protection; recalls that Union law, unlike the law in some Member States, does not provide for a specific right for sports events organisers; recalls that some Member States grant the possibility of the so-called ‘house right’ protection, based on the contractual relationship, and Union law grants a neighbouring right to the producers of the first fixations of films, in respect of the original and copies of their films; acknowledges that legal protection, including intellectual property rights, is important for sports events organisers, in particular in relation to the licensing of broadcasting rights for the sports events they organise, as the exploitation of those rights represents a relevant source of income, followed by sponsorship, advertising and merchandising; |
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4.

| 5. | Stresses that infringement of broadcasting rights in sport threatens its long-term funding; |
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5.

Online piracy of live sports event broadcasts

| 6. | Considers that tackling online piracy of sports events that are broadcast ‘live’ and the economic value of which lies in the ‘live’ nature of the broadcast is the main challenge that sports events organisers face requiring a legislative response at Union level; |
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6.

| 7. | Observes that the illegal streaming of sports events is a growing phenomenon that is harmful to the sports ecosystem and to end users, who could be exposed to different forms of harm such as identity theft, malware (e.g. coming from free apps, or theft of credit card authentication and of other personal data), or other online-related forms of harm or detriment; |
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7.

| 8. | Notes that sports events organisers invest significant financial, technical and human resources to address online piracy and engage with service providers; |
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8.

| 9. | Considers, at the same time, that sports events organisers should contribute to a European sports model that contributes to the development of sport and is in line with social and educational objectives; |
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9.

| 10. | Underlines that the legal provision of sports content should be better promoted in the Union and calls on the Commission to take measures that make it easier for consumers to find legal means of accessing sports content online; calls on the Commission to regularly update the list of such means of access on Agorateka.eu and to ensure that the platform is further developed; stresses that liability for the illegal broadcasting of sports events rests with the providers of streams and platforms and does not lie with fans or consumers, who often unintentionally come across illegal online content and should be further informed on the legal options available; |
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10.

Need for effective enforcement of rights

| 11. | Stresses that, given the specific nature of live sports event broadcasts and the fact that their value is mainly limited to the duration of the sports event in question, enforcement procedures need to be as swift as possible; considers, however, that the current legal framework for injunctions and for notice and take down mechanisms does not always sufficiently guarantee an effective and timely enforcement of rights to remedy the illegal broadcast of live sports events; considers, therefore, that concrete measures that are specific to live sports event broadcasts should be adopted as soon as possible to adapt the current legal framework to, and render it suited for, these specific challenges; |
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11.

| 12. | Calls for the removal of, or the disabling of access to, infringing live sport broadcasts by online intermediaries to be immediate or as fast as possible, and in any event no later than within 30 minutes of the receipt of the notification from rightholders or from a certified trusted flagger regarding the existence of such illegal broadcast; underlines that in the context of the current resolution, ‘immediate’ is intended to be understood as immediately or as fast as possible and in any event no later than within 30 minutes of the receipt of notification from rightholders or from a certified trusted flagger; |
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12.

| 13. | Is of the view that real-time take down should be the objective pursued in cases of infringing live sports event broadcasts, provided that there is no doubt about the ownership of the right concerned and the fact that the transmission of the sports event in question was not authorised; stresses, nevertheless, that any such measures must respect the general legal principle of not imposing a general obligation to monitor; |
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13.

Cross-border enforcement of rights

| 14. | Underlines, also, that the general framework provided for by Union law is not applied uniformly at national level and that civil procedure and notice and take down mechanisms differ from one Member State to another; is of the view that enforcement tools in the cross-border context lack efficiency; calls for further harmonisation of the procedures and remedies in the Union to address, in the context of the Digital Services Act package and other potential legislative proposals the specific nature of live sports event broadcasts; |
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14.

| 15. | Stresses that national enforcement agencies and authorities are struggling with challenges such as a lack of resources and trained staff; underlines the importance of close collaboration and exchange of best practices between relevant authorities at Union level, national authorities and relevant actors, to improve the overall legal infrastructure throughout the Union; |
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15.

Notice and action procedures

| 16. | Recalls that the Directive on electronic commerce provides that certain online service providers are to act expeditiously to remove or disable access to illegal information they store, upon obtaining actual knowledge or awareness thereof, through notices submitted to them; maintains that the notice and action procedure should form the basis for measures addressing illegal content in the Union; considers, however, that the current notice and take down procedure does not allow for swift enforcement in a way that provides effective remedies, considering the specific characteristic of ‘live’ sports events; underlines that any provision to be adopted, governing a specific subject matter, must be in line with the general framework set by the relevant Union law; |
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16.

| 17. | Recalls Parliament's resolution on a Digital Services Act: adapting commercial and civil law rules for commercial entities operating online (10) , which requests the Commission to ensure that content hosting platforms act expeditiously to make unavailable or remove content; is of the view that a mechanism involving certified trusted flaggers, through which an illegal broadcast of a live sports event notified by a certified trusted flagger is immediately removed or access to such a broadcast is disabled, without prejudice to the implementation of a complaint and redress mechanism, should be set up; |
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17.

| 18. | Stresses that sports content is often technically processed, which leaves no room for doubt about who has the right to broadcast it online, and that sports event organisers — as rightholders — know all their official licensees, which allows for unequivocal detection of illegal streaming services; |
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18.

| 19. | Insists that providers of streaming servers and streaming platforms should implement specific take down tools or measures, in order to remove or disable access to illegal live sports event broadcasts available on their services; |
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19.

Blocking injunctions

| 20. | Notes that injunction procedures are relatively long and usually come into effect after the broadcast has ended; points to the existence of practices developed at national level, such as live injunctions and dynamic injunctions, that have proved to be a means of tackling piracy of sports event broadcasts more efficiently; calls on the Commission to assess the impact and appropriateness of introducing injunction procedures aimed at allowing real-time disabling of access to, or removal of, illegal online live sports event content, based on the model of ‘live’ blocking orders and ‘dynamic injunctions’; |
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20.

| 21. | Insists that injunction procedures to remove or disable access to illegal sports events broadcast online, irrespective of the manner of their implementation, must ensure that the measures strictly target illegal content only and do not lead to the arbitrary and excessive blocking of legal content; points to the case-law of the European Court of Human Rights according to which the illegal nature of specific content does not justify the collateral blocking of legal content hosted by the same website or server; |
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21.

Safeguards

| 22. | Acknowledges that real-time blocking could affect fundamental rights if it exceptionally rendered legal content inaccessible; emphasises, therefore, the need for safeguards to ensure that the legal framework strikes the right balance between the need for efficiency of enforcement measures and the need to protect third party rights; considers, in that regard, that the enforcement measures for the protection of live content should be effective and proportionate, in particular for small businesses, SMEs and start-ups, and should include providing access to effective judicial remedies, appropriate information about the alleged infringement for the affected service providers and internet users, and adequate safeguards in relation to the protection of fundamental rights and of personal data; |
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22.

Neighbouring right and sui generis right for sports events organisers

| 23. | Notes that Union law does not provide for a neighbouring right to copyright for sport events organisers but that some Members States have introduced specific rights for sports events organisers in their legislation, including a new ‘neighbouring right’ to copyright; |
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23.

| 24. | Considers that the creation in Union law of a new right for sports events organisers will not provide a solution as regards the challenges they face that arise from a lack of effective and timely enforcement of their existing rights; |
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24.

Other measures

| 25. | Calls for cooperation between Member States authorities, rightholders and intermediaries to be reinforced; further calls on the Commission, within its remit, to support Member States in their endeavours to improve existing infrastructure and measures; |
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25.

Final aspects

| 26. | Considers that the requested proposal does not have financial implications; |
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26.

o

o o

| 27. | Instructs its President to forward this resolution and the accompanying recommendations to the Commission and the Council. |
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27.

---

(1)  OJ L 130, 17.5.2019, p. 92.

(2)  OJ C 108, 26.3.2021, p. 231.

(3)  OJ L 130, 17.5.2019, p. 82.

(4)  OJ L 168, 30.6.2017, p. 1.

(5)  OJ L 157, 30.4.2004, p. 45.

(6)  OJ L 178, 17.7.2000, p. 1.

(7)  OJ L 167, 22.6.2001, p. 10.

(8)  OJ L 95, 15.4.2010, p. 1.

(9)  OJ L 63, 6.3.2018, p. 50.

(10)  Texts adopted, P9_TA(2020)0273.

---

ANNEX TO THE RESOLUTION:

RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

A.   PRINCIPLES AND AIMS OF THE PROPOSAL REQUESTED

In order to provide appropriate and effective legal protection of rights regarding live sports events, the current Union legal framework should be amended. This shall be achieved taking into account the following aims and principles:

| — | to improve and make the current Union legal framework on enforcement of intellectual property rights with regard to live sports events more effective, considering its specific nature and in particular the short-term value of such events, on the basis of best practices in the Member States; |
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—

to improve and make the current Union legal framework on enforcement of intellectual property rights with regard to live sports events more effective, considering its specific nature and in particular the short-term value of such events, on the basis of best practices in the Member States;

| — | to introduce a Union system establishing common criteria for the certification of ‘trusted flaggers’; |
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—

to introduce a Union system establishing common criteria for the certification of ‘trusted flaggers’;

| — | to clarify the existing legislation and adopt concrete measures to ensure the immediate removal of, or disabling of access to, online illegal live sports event content, including online illegal live sports event content notified by a certified trusted flagger to tackle efficiently illegal broadcasts of live sports events; to understand ‘immediate’ as meaning immediately or as fast as possible and in any event no later than within 30 minutes of the receipt of notification from rightholders or from certified trusted flaggers; |
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—

to clarify the existing legislation and adopt concrete measures to ensure the immediate removal of, or disabling of access to, online illegal live sports event content, including online illegal live sports event content notified by a certified trusted flagger to tackle efficiently illegal broadcasts of live sports events; to understand ‘immediate’ as meaning immediately or as fast as possible and in any event no later than within 30 minutes of the receipt of notification from rightholders or from certified trusted flaggers;

| — | to emphasise that intermediaries should put in place effective Know-Your-Business-Customer obligations to prevent their services from being abused to facilitate the illegal streaming of sports events; to that end, calls on the Commission to propose such obligations within the upcoming Digital Services Act; |
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—

to emphasise that intermediaries should put in place effective Know-Your-Business-Customer obligations to prevent their services from being abused to facilitate the illegal streaming of sports events; to that end, calls on the Commission to propose such obligations within the upcoming Digital Services Act;

| — | to further harmonise, where appropriate, procedures and remedies in the Union to improve and strengthen the efficiency of enforcement measures, including in the cross-border context, without prejudice to the general Union framework; |
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—

to further harmonise, where appropriate, procedures and remedies in the Union to improve and strengthen the efficiency of enforcement measures, including in the cross-border context, without prejudice to the general Union framework;

| — | to evaluate existing enforcement measures with a view to improving them and enabling the immediate take down of illegal live sport content, including illegal live sport content notified by a certified trusted flagger; |
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—

to evaluate existing enforcement measures with a view to improving them and enabling the immediate take down of illegal live sport content, including illegal live sport content notified by a certified trusted flagger;

| — | to harmonise the use of swift and adaptable blocking procedures in the event of repeated already established infringements allowing for the immediate removal of, or the disabling of access to, illegal online live sport content, including when that illegal content is notified by certified trusted flaggers, based on the model of ‘live’ blocking orders and ‘dynamic injunctions’; |
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—

to harmonise the use of swift and adaptable blocking procedures in the event of repeated already established infringements allowing for the immediate removal of, or the disabling of access to, illegal online live sport content, including when that illegal content is notified by certified trusted flaggers, based on the model of ‘live’ blocking orders and ‘dynamic injunctions’;

| — | to ensure that the measures to be proposed take into account the scope, magnitude and recurrence of the infringement and to target illegal transmissions, excluding the recording and posting of illegal amateur footage of sports events; |
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—

to ensure that the measures to be proposed take into account the scope, magnitude and recurrence of the infringement and to target illegal transmissions, excluding the recording and posting of illegal amateur footage of sports events;

| — | to ensure that the measures to be proposed are proportionate and keep the right balance between the need for the enforcement measures to be efficient and the need to protect relevant third party rights, including those of service providers, fans and consumers; |
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—

to ensure that the measures to be proposed are proportionate and keep the right balance between the need for the enforcement measures to be efficient and the need to protect relevant third party rights, including those of service providers, fans and consumers;

| — | to clarify that the liability for the illegal broadcasting of sports events does not lie with fans and consumers; |
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—

to clarify that the liability for the illegal broadcasting of sports events does not lie with fans and consumers;

| — | to complement the adaptation of the legislative framework with non-legislative measures, including reinforced cooperation between Member States’ authorities, rightholders and intermediaries; |
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—

to complement the adaptation of the legislative framework with non-legislative measures, including reinforced cooperation between Member States’ authorities, rightholders and intermediaries;

B.   ACTION TO PROPOSE

Without prejudice to the expected rules to be set out in a relevant Union law establishing general rules on tackling illegal content online, specific provisions regarding the rights of sports events organisers should be introduced in Union legislation, aimed, in particular, at:

| — | clarifying the concept behind the phrase ‘acts expeditiously’ referred to in Article 14 of the Directive on electronic commerce in relation to an online intermediary, such that ‘expeditiously’ is considered to mean immediately or as fast as possible and in any event no later than within 30 minutes of the receipt of the notification from rightholders or from a certified trusted flagger; |
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—

clarifying the concept behind the phrase ‘acts expeditiously’ referred to in Article 14 of the Directive on electronic commerce in relation to an online intermediary, such that ‘expeditiously’ is considered to mean immediately or as fast as possible and in any event no later than within 30 minutes of the receipt of the notification from rightholders or from a certified trusted flagger;

| — | establishing a common Union quality and technical reliability standard for software tools deployed by rightholders, intermediaries and other service providers, in order to identify illegal broadcasting of live sports events with a view to creating a certification scheme for ‘trusted flaggers’; |
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—

establishing a common Union quality and technical reliability standard for software tools deployed by rightholders, intermediaries and other service providers, in order to identify illegal broadcasting of live sports events with a view to creating a certification scheme for ‘trusted flaggers’;

| — | providing that notifications issued by certified trusted flaggers are deemed to be accurate and reliable, and as a consequence, illegal online live sports event content notified by a certified trusted flagger should be immediately removed or access to it disabled, without prejudice to the implementation of complaint and redress mechanisms; |
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—

providing that notifications issued by certified trusted flaggers are deemed to be accurate and reliable, and as a consequence, illegal online live sports event content notified by a certified trusted flagger should be immediately removed or access to it disabled, without prejudice to the implementation of complaint and redress mechanisms;

| — | allowing for immediate take down procedures targeting illegal live sports event content, provided that there is no doubt about the ownership of the right concerned and that the transmission was not authorised; |
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—

allowing for immediate take down procedures targeting illegal live sports event content, provided that there is no doubt about the ownership of the right concerned and that the transmission was not authorised;

| — | ensuring that the measures to be taken by intermediaries are effective, justified, proportionate, adequate, taking into account the seriousness and the scale of the infringement, by making sure, for example, that the removal of, or the disabling of access to, illegal content does not require the blocking of an entire platform containing services that are legal; |
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—

ensuring that the measures to be taken by intermediaries are effective, justified, proportionate, adequate, taking into account the seriousness and the scale of the infringement, by making sure, for example, that the removal of, or the disabling of access to, illegal content does not require the blocking of an entire platform containing services that are legal;

| — | taking measures that make it easier to find legal means of accessing sports content, including by regularly updating the list of providers of such means on Agorateka.eu and ensuring that viewers are informed of such legal means and how to use such means to access content when the blocking measures are enforced; |
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—

taking measures that make it easier to find legal means of accessing sports content, including by regularly updating the list of providers of such means on Agorateka.eu and ensuring that viewers are informed of such legal means and how to use such means to access content when the blocking measures are enforced;

| — | providing and actively supporting enforcement solutions, such as private agreements among stakeholders; in this respect, the Commission should report on and assess the appropriateness and impact of creating an obligation for online content providers to perform immediate take downs to remove or disable access to illegal sports events broadcasts available on their services; |
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—

providing and actively supporting enforcement solutions, such as private agreements among stakeholders; in this respect, the Commission should report on and assess the appropriateness and impact of creating an obligation for online content providers to perform immediate take downs to remove or disable access to illegal sports events broadcasts available on their services;

Directive 2004/48/EC (the Enforcement Directive) should be amended in order to:

| — | introduce the possibility for the relevant judicial or administrative authority to issue injunctions requesting the real-time disabling of access to, or removal of, illegal online live sports event content; |
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—

introduce the possibility for the relevant judicial or administrative authority to issue injunctions requesting the real-time disabling of access to, or removal of, illegal online live sports event content;

| — | allow the use of blocking injunctions that run during the entire live broadcast of a sports event, but are limited to the duration of the live broadcast, thus blocking the infringing website only for the duration of the event; such injunctions should be temporary; |
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—

allow the use of blocking injunctions that run during the entire live broadcast of a sports event, but are limited to the duration of the live broadcast, thus blocking the infringing website only for the duration of the event; such injunctions should be temporary;

| — | harmonise legislation allowing, where live sports events are concerned, for the use of injunctions that should have the effect of blocking the access not only to the infringing website, but to any other website that contains the same infringement, regardless of the domain name or IP address used, and without the need for a new injunction to be issued; |
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—

harmonise legislation allowing, where live sports events are concerned, for the use of injunctions that should have the effect of blocking the access not only to the infringing website, but to any other website that contains the same infringement, regardless of the domain name or IP address used, and without the need for a new injunction to be issued;

| — | specify that the removal of the illegal content should take place immediately, or as fast as possible and in any event no later than within 30 minutes of the receipt of the notification from rightholders or from a certified trusted flagger, provided that the illegality of the broadcast has been notified by a certified trusted flagger or, in case of unambiguity, by the rightholder himself; a strong indication should be given to the rightholders or certified trusted flaggers to prevent any removal of legal content; to that end, disabling access to or removing illegal content should in principle not necessitate blocking access to a server that hosts legal services and content; |
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—

specify that the removal of the illegal content should take place immediately, or as fast as possible and in any event no later than within 30 minutes of the receipt of the notification from rightholders or from a certified trusted flagger, provided that the illegality of the broadcast has been notified by a certified trusted flagger or, in case of unambiguity, by the rightholder himself; a strong indication should be given to the rightholders or certified trusted flaggers to prevent any removal of legal content; to that end, disabling access to or removing illegal content should in principle not necessitate blocking access to a server that hosts legal services and content;

| — | reinforce cooperation between Member States’ authorities, including by way of exchange of data and best practices and by creating an active and up-to-date network of national authorities; the Commission should assess the added-value of appointing an independent administrative authority in each Member State that would have a role to play in the enforcement system, especially in the case of swift enforcement, such as for online piracy of live sport content; |
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—

reinforce cooperation between Member States’ authorities, including by way of exchange of data and best practices and by creating an active and up-to-date network of national authorities; the Commission should assess the added-value of appointing an independent administrative authority in each Member State that would have a role to play in the enforcement system, especially in the case of swift enforcement, such as for online piracy of live sport content;

| — | reinforce the cooperation between intermediaries and rightholders, including by promoting the conclusion of Memoranda of Understanding that could provide for a specific notice and action procedure. |
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—

reinforce the cooperation between intermediaries and rightholders, including by promoting the conclusion of Memoranda of Understanding that could provide for a specific notice and action procedure.

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| 12.1.2022 | EN | Official Journal of the European Union | C 15/28 |
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12.1.2022

EN

Official Journal of the European Union

C 15/28

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P9_TA(2021)0238

Artificial intelligence in education, culture and the audiovisual sector

European Parliament resolution of 19 May 2021 on artificial intelligence in education, culture and the audiovisual sector (2020/2017(INI))

(2022/C 15/04)

The European Parliament,

| — | having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’), |
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having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’),

| — | having regard to Articles 165, 166 and 167 of the Treaty on the Functioning of the European Union, |
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having regard to Articles 165, 166 and 167 of the Treaty on the Functioning of the European Union,

| — | having regard to the Council conclusions of 9 June 2020 on shaping Europe’s digital future (1), |
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having regard to the Council conclusions of 9 June 2020 on shaping Europe’s digital future (1),

| — | having regard to the opinion of the European Economic and Social Committee of 19 September 2018 on the digital gender gap (2), |
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having regard to the opinion of the European Economic and Social Committee of 19 September 2018 on the digital gender gap (2),

| — | having regard to the Commission proposal for a regulation of the European Parliament and of the Council of 6 June 2018 establishing the Digital Europe Programme for the period 2021-2027 (COM(2018)0434), |
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having regard to the Commission proposal for a regulation of the European Parliament and of the Council of 6 June 2018 establishing the Digital Europe Programme for the period 2021-2027 (COM(2018)0434),

| — | having regard to the Commission communication of 30 September 2020 on the Digital Education Action Plan 2021-2027: Resetting education and training for the digital age (COM(2020)0624), |
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having regard to the Commission communication of 30 September 2020 on the Digital Education Action Plan 2021-2027: Resetting education and training for the digital age (COM(2020)0624),

| — | having regard to the Commission communication of 30 September 2020 on achieving the European Education Area by 2025 (COM(2020)0625), |
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having regard to the Commission communication of 30 September 2020 on achieving the European Education Area by 2025 (COM(2020)0625),

| — | having regard to the Commission report of 19 February 2020 on the safety and liability implications of artificial intelligence, the Internet of Things and robotics (COM(2020)0064), |
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having regard to the Commission report of 19 February 2020 on the safety and liability implications of artificial intelligence, the Internet of Things and robotics (COM(2020)0064),

| — | having regard to the Commission white paper of 19 February 2020 entitled ‘Artificial Intelligence — A European approach to excellence and trust’ (COM(2020)0065), |
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having regard to the Commission white paper of 19 February 2020 entitled ‘Artificial Intelligence — A European approach to excellence and trust’ (COM(2020)0065),

| — | having regard to the Commission communication of 19 February 2020 on a European strategy for data (COM(2020)0066), |
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having regard to the Commission communication of 19 February 2020 on a European strategy for data (COM(2020)0066),

| — | having regard to the Commission communication of 25 April 2018 entitled ‘Artificial Intelligence for Europe’ (COM(2018)0237), |
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having regard to the Commission communication of 25 April 2018 entitled ‘Artificial Intelligence for Europe’ (COM(2018)0237),

| — | having regard to the Commission communication of 17 January 2018 on the Digital Education Action Plan (COM(2018)0022), |
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having regard to the Commission communication of 17 January 2018 on the Digital Education Action Plan (COM(2018)0022),

| — | having regard to the report of the Commission High-Level Expert Group on Artificial Intelligence of 8 April 2019 entitled ‘Ethics Guidelines for Trustworthy AI’, |
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having regard to the report of the Commission High-Level Expert Group on Artificial Intelligence of 8 April 2019 entitled ‘Ethics Guidelines for Trustworthy AI’,

| — | having regard to its resolution of 12 February 2019 on a comprehensive European industrial policy on artificial intelligence and robotics (3), |
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having regard to its resolution of 12 February 2019 on a comprehensive European industrial policy on artificial intelligence and robotics (3),

| — | having regard to its resolution of 11 September 2018 on language equality in the digital age (4), |
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having regard to its resolution of 11 September 2018 on language equality in the digital age (4),

| — | having regard to its resolution of 12 June 2018 on modernisation of education in the EU (5), |
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having regard to its resolution of 12 June 2018 on modernisation of education in the EU (5),

| — | having regard to its resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (6), |
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having regard to its resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (6),

| — | having regard to its resolution of 1 June 2017 on digitising European industry (7), |
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having regard to its resolution of 1 June 2017 on digitising European industry (7),

| — | having regard to the briefing of its Policy Department for Structural and Cohesion Policies of May 2020 on the use of artificial intelligence in the cultural and creative sectors, |
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having regard to the briefing of its Policy Department for Structural and Cohesion Policies of May 2020 on the use of artificial intelligence in the cultural and creative sectors,

| — | having regard to the in-depth analysis of its Policy Department for Structural and Cohesion Policies of May 2020 on the use of artificial intelligence in the audiovisual sector, |
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having regard to the in-depth analysis of its Policy Department for Structural and Cohesion Policies of May 2020 on the use of artificial intelligence in the audiovisual sector,

| — | having regard to the study of its Policy Department for Citizens’ Rights and Constitutional Affairs of April 2020 on the education and employment of women in science, technology and the digital economy, including AI and its influence on gender equality, |
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having regard to the study of its Policy Department for Citizens’ Rights and Constitutional Affairs of April 2020 on the education and employment of women in science, technology and the digital economy, including AI and its influence on gender equality,

| — | having regard to Rule 54 of its Rules of Procedure, |
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having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on Civil Liberties, Justice and Home Affairs, the Committee on the Internal Market and Consumer Protection, the Committee on Legal Affairs and the Committee on Women’s Rights and Gender Equality, |
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having regard to the opinions of the Committee on Civil Liberties, Justice and Home Affairs, the Committee on the Internal Market and Consumer Protection, the Committee on Legal Affairs and the Committee on Women’s Rights and Gender Equality,

| — | having regard to the report of the Committee on Culture and Education (A9-0127/2021), |
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having regard to the report of the Committee on Culture and Education (A9-0127/2021),

| A. | whereas artificial intelligence (AI) technologies, which may have a direct impact on our societies, are being developed at a fast pace and are increasingly being used in almost all areas of our lives, including education, culture and the audiovisual sector; whereas ethical AI is likely to help improve labour productivity and help accelerate economic growth; |
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A.

whereas artificial intelligence (AI) technologies, which may have a direct impact on our societies, are being developed at a fast pace and are increasingly being used in almost all areas of our lives, including education, culture and the audiovisual sector; whereas ethical AI is likely to help improve labour productivity and help accelerate economic growth;

| B. | whereas the development, deployment and use of AI, including the software, algorithms and data used and produced by it, should be guided by the ethical principles of transparency, explainability, fairness, accountability and responsibility; |
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B.

whereas the development, deployment and use of AI, including the software, algorithms and data used and produced by it, should be guided by the ethical principles of transparency, explainability, fairness, accountability and responsibility;

| C. | whereas public investment in AI in the Union has been vastly lagging behind other major economies; whereas underinvestment in AI will be likely to have an impact on the Union’s competitiveness across all sectors; |
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C.

whereas public investment in AI in the Union has been vastly lagging behind other major economies; whereas underinvestment in AI will be likely to have an impact on the Union’s competitiveness across all sectors;

| D. | whereas an integrated approach to AI and the availability, collection and interpretation of high-quality, trustworthy, fair, transparent, reliable, secure and compatible data are essential for the development of ethical AI; |
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D.

whereas an integrated approach to AI and the availability, collection and interpretation of high-quality, trustworthy, fair, transparent, reliable, secure and compatible data are essential for the development of ethical AI;

| E. | whereas Article 21 of the Charter prohibits discrimination on a wide range of grounds; whereas multiple forms of discrimination should not be replicated in the development, deployment and use of AI systems; |
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E.

whereas Article 21 of the Charter prohibits discrimination on a wide range of grounds; whereas multiple forms of discrimination should not be replicated in the development, deployment and use of AI systems;

| F. | whereas gender equality is a core principle of the Union enshrined in the Treaties and should be reflected in all Union policies, including in education, culture and the audiovisual sector, as well as in the development of technologies such as AI; |
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F.

whereas gender equality is a core principle of the Union enshrined in the Treaties and should be reflected in all Union policies, including in education, culture and the audiovisual sector, as well as in the development of technologies such as AI;

| G. | whereas past experiences, especially in technical fields, have shown that developments and innovations are often based mainly on male data and that women’s needs are not fully reflected; whereas addressing these biases requires greater vigilance, technical solutions and the development of clear requirements of fairness, accountability and transparency; |
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G.

whereas past experiences, especially in technical fields, have shown that developments and innovations are often based mainly on male data and that women’s needs are not fully reflected; whereas addressing these biases requires greater vigilance, technical solutions and the development of clear requirements of fairness, accountability and transparency;

| H. | whereas incomplete and inaccurate data sets, the lack of gender-disaggregated data and incorrect algorithms can distort the processing of an AI system and jeopardise the achievement of gender equality in society; whereas data on disadvantaged groups and intersectional forms of discrimination tends to be incomplete or even absent; |
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H.

whereas incomplete and inaccurate data sets, the lack of gender-disaggregated data and incorrect algorithms can distort the processing of an AI system and jeopardise the achievement of gender equality in society; whereas data on disadvantaged groups and intersectional forms of discrimination tends to be incomplete or even absent;

| I. | whereas gender inequalities, stereotypes and discrimination can also be created and replicated through the language and images disseminated by the media and AI-powered applications; whereas education, cultural programmes and audiovisual content have considerable influence in shaping people’s beliefs and values and are a fundamental tool for combatting gender stereotypes, decreasing the digital gender gap and establishing strong role models; whereas an ethical and regulatory framework must be in place ahead of implementing automatised solutions for these key areas in society; |
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I.

whereas gender inequalities, stereotypes and discrimination can also be created and replicated through the language and images disseminated by the media and AI-powered applications; whereas education, cultural programmes and audiovisual content have considerable influence in shaping people’s beliefs and values and are a fundamental tool for combatting gender stereotypes, decreasing the digital gender gap and establishing strong role models; whereas an ethical and regulatory framework must be in place ahead of implementing automatised solutions for these key areas in society;

| J. | whereas science and innovation can bring life-changing benefits, especially for those who are furthest behind, such as women and girls living in remote areas; whereas scientific education is important for obtaining skills, decent work and jobs of the future, as well as for breaking with gender stereotypes that regard these as stereotypically masculine fields; whereas science and scientific thinking are key to democratic culture, which in turn is fundamental for advancing gender equality; |
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J.

whereas science and innovation can bring life-changing benefits, especially for those who are furthest behind, such as women and girls living in remote areas; whereas scientific education is important for obtaining skills, decent work and jobs of the future, as well as for breaking with gender stereotypes that regard these as stereotypically masculine fields; whereas science and scientific thinking are key to democratic culture, which in turn is fundamental for advancing gender equality;

| K. | whereas one woman in ten in the Union has already suffered some form of cyber-violence since the age of 15 and whereas cyber-harassment remains a concern in the development of AI, including in education; whereas cyber-violence is often directed at women in public life, such as activists, women politicians and other public figures; whereas AI and other emerging technologies can play an important role in preventing cyber-violence against women and girls and educating people; |
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K.

whereas one woman in ten in the Union has already suffered some form of cyber-violence since the age of 15 and whereas cyber-harassment remains a concern in the development of AI, including in education; whereas cyber-violence is often directed at women in public life, such as activists, women politicians and other public figures; whereas AI and other emerging technologies can play an important role in preventing cyber-violence against women and girls and educating people;

| L. | whereas the Union and its Member States have a particular responsibility to harness, promote and enhance the added value of AI technologies and to make sure that these technologies are safe and serve the well-being and general interest of Europeans; whereas these technologies can make a huge contribution to achieving our common goal of improving the lives of our citizens and fostering prosperity in the Union by helping to develop better strategies and innovation in a number of areas, namely in education, culture and the audiovisual sector; |
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L.

whereas the Union and its Member States have a particular responsibility to harness, promote and enhance the added value of AI technologies and to make sure that these technologies are safe and serve the well-being and general interest of Europeans; whereas these technologies can make a huge contribution to achieving our common goal of improving the lives of our citizens and fostering prosperity in the Union by helping to develop better strategies and innovation in a number of areas, namely in education, culture and the audiovisual sector;

| M. | whereas most AI is based on open-source software, which means that source codes can be inspected, modified and enhanced; |
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M.

whereas most AI is based on open-source software, which means that source codes can be inspected, modified and enhanced;

| N. | whereas certain adjustments to specific existing EU legislative instruments may be necessary to reflect the digital transformation and address new challenges posed by the use of AI technologies in education, culture and the audiovisual sector, such as the protection of personal data and privacy, combatting discrimination, promoting gender equality, and respecting intellectual property rights (IPR), environmental protection and consumers’ rights; |
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N.

whereas certain adjustments to specific existing EU legislative instruments may be necessary to reflect the digital transformation and address new challenges posed by the use of AI technologies in education, culture and the audiovisual sector, such as the protection of personal data and privacy, combatting discrimination, promoting gender equality, and respecting intellectual property rights (IPR), environmental protection and consumers’ rights;

| O. | whereas it is important to provide the audiovisual sector with access to data from the global platforms and major players in order to ensure a level playing field; |
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O.

whereas it is important to provide the audiovisual sector with access to data from the global platforms and major players in order to ensure a level playing field;

| P. | whereas AI and future applications or inventions made with the help of AI can have a dual nature, much like with any other technology; whereas AI and related technologies raise many concerns regarding the ethics and transparency of their development, deployment and use, notably on data collection, use and dissemination; whereas the benefits and risks of AI technologies in education, culture and the audiovisual sector must be carefully assessed and their effects on all aspects of society thoroughly and continuously analysed, without undermining their potential; |
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P.

whereas AI and future applications or inventions made with the help of AI can have a dual nature, much like with any other technology; whereas AI and related technologies raise many concerns regarding the ethics and transparency of their development, deployment and use, notably on data collection, use and dissemination; whereas the benefits and risks of AI technologies in education, culture and the audiovisual sector must be carefully assessed and their effects on all aspects of society thoroughly and continuously analysed, without undermining their potential;

| Q. | whereas education aims to achieve human potential, creativity and authentic social change, while using data-driven AI systems incorrectly may hinder human and social development; |
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Q.

whereas education aims to achieve human potential, creativity and authentic social change, while using data-driven AI systems incorrectly may hinder human and social development;

| R. | whereas education and educational opportunities are a fundamental right; whereas the development, deployment and use of AI technologies in the education sector should be classified as high risk and subject to stricter requirements on safety, transparency, fairness and accountability; |
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R.

whereas education and educational opportunities are a fundamental right; whereas the development, deployment and use of AI technologies in the education sector should be classified as high risk and subject to stricter requirements on safety, transparency, fairness and accountability;

| S. | whereas high-quality, fast and secure pervasive connectivity, broadband, high-capacity networks, IT expertise, digital skills, digital equipment and infrastructure, as well as societal acceptance and a targeted and accommodating policy framework, are some of the preconditions for the broad and successful deployment of AI in the Union; whereas it is essential that such infrastructure and equipment be deployed equally across the Union in order to tackle the persistent digital gap between its regions and citizens; |
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S.

whereas high-quality, fast and secure pervasive connectivity, broadband, high-capacity networks, IT expertise, digital skills, digital equipment and infrastructure, as well as societal acceptance and a targeted and accommodating policy framework, are some of the preconditions for the broad and successful deployment of AI in the Union; whereas it is essential that such infrastructure and equipment be deployed equally across the Union in order to tackle the persistent digital gap between its regions and citizens;

| T. | whereas addressing the gender gap in science, technology, engineering, arts and maths (STEAM) subjects is an absolute necessity to ensure that the whole of society is equally and fairly represented when developing, deploying and using AI technologies, including the software, algorithms and data used and produced by them; |
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T.

whereas addressing the gender gap in science, technology, engineering, arts and maths (STEAM) subjects is an absolute necessity to ensure that the whole of society is equally and fairly represented when developing, deploying and using AI technologies, including the software, algorithms and data used and produced by them;

| U. | whereas it is essential to ensure that all people in the Union acquire the necessary skills from an early age in order to better understand the capabilities and limitations of AI, to prepare themselves for the increasing presence of AI and related technologies in all aspects of human activity, and to be able to fully embrace the opportunities that they offer; whereas the widespread acquisition of digital skills across all parts of society in the Union is a precondition for achieving a fair digital transformation beneficial to all; |
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U.

whereas it is essential to ensure that all people in the Union acquire the necessary skills from an early age in order to better understand the capabilities and limitations of AI, to prepare themselves for the increasing presence of AI and related technologies in all aspects of human activity, and to be able to fully embrace the opportunities that they offer; whereas the widespread acquisition of digital skills across all parts of society in the Union is a precondition for achieving a fair digital transformation beneficial to all;

| V. | whereas, with that aim in view, the Member States must invest in digital education and media training, equipping schools with the proper infrastructure and the necessary end devices, and place greater emphasis on the teaching of digital skills and capabilities as part of school curricula; |
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V.

whereas, with that aim in view, the Member States must invest in digital education and media training, equipping schools with the proper infrastructure and the necessary end devices, and place greater emphasis on the teaching of digital skills and capabilities as part of school curricula;

| W. | whereas AI and related technologies can be used to improve learning and teaching methods, notably by helping education systems to use fair data to improve educational equity and quality, while promoting tailor-made curricula and better access to education and improving and automating certain administrative tasks; whereas equal and fair access to digital technologies and high-speed connectivity are required in order to make the use of AI beneficial to the whole of society; whereas it is of the utmost importance to ensure that digital education is accessible to all, including those from disadvantaged backgrounds and people with disabilities; whereas learning outcomes do not depend on technology per se, but on how teachers can use technology in pedagogically meaningful ways; |
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W.

whereas AI and related technologies can be used to improve learning and teaching methods, notably by helping education systems to use fair data to improve educational equity and quality, while promoting tailor-made curricula and better access to education and improving and automating certain administrative tasks; whereas equal and fair access to digital technologies and high-speed connectivity are required in order to make the use of AI beneficial to the whole of society; whereas it is of the utmost importance to ensure that digital education is accessible to all, including those from disadvantaged backgrounds and people with disabilities; whereas learning outcomes do not depend on technology per se, but on how teachers can use technology in pedagogically meaningful ways;

| X. | whereas AI has particular potential to offer solutions for the day-to-day challenges of the education sector, such as the personalisation of learning, monitoring learning difficulties, the automation of subject-specific content/knowledge, providing better professional training and supporting the transition to a digital society; |
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X.

whereas AI has particular potential to offer solutions for the day-to-day challenges of the education sector, such as the personalisation of learning, monitoring learning difficulties, the automation of subject-specific content/knowledge, providing better professional training and supporting the transition to a digital society;

| Y. | whereas AI could have practical applications in terms of reducing the administrative work of educators and educational institutions, freeing up time for their core teaching and learning activities; |
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Y.

whereas AI could have practical applications in terms of reducing the administrative work of educators and educational institutions, freeing up time for their core teaching and learning activities;

| Z. | whereas new AI-based applications in education are facilitating progress in a variety of disciplines, such as language learning and maths; |
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Z.

whereas new AI-based applications in education are facilitating progress in a variety of disciplines, such as language learning and maths;

| AA. | whereas AI-enabled personalised learning experiences can not only help to increase students’ motivation and enable them to reach their full potential, but also reduce drop-out rates; |
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AA.

whereas AI-enabled personalised learning experiences can not only help to increase students’ motivation and enable them to reach their full potential, but also reduce drop-out rates;

| AB. | whereas AI can increasingly help make teachers more effective by giving them a better understanding of students’ learning methods and styles and helping them to identify learning difficulties and better assess individual progress; |
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AB.

whereas AI can increasingly help make teachers more effective by giving them a better understanding of students’ learning methods and styles and helping them to identify learning difficulties and better assess individual progress;

| AC. | whereas the Union’s digital labour market is lacking almost half a million experts in big data sciences and data analysis, who are intrinsic to the development and use of quality and trustworthy AI; |
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AC.

whereas the Union’s digital labour market is lacking almost half a million experts in big data sciences and data analysis, who are intrinsic to the development and use of quality and trustworthy AI;

| AD. | whereas the application of AI in education raises concerns around the ethical use of data, learners’ rights, data access and protection of personal data, and therefore entails risks to fundamental rights such as the creation of stereotyped models of learners’ profiles and behaviour that could lead to discrimination or risks of doing harm by the scaling-up of bad pedagogical practices; |
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AD.

whereas the application of AI in education raises concerns around the ethical use of data, learners’ rights, data access and protection of personal data, and therefore entails risks to fundamental rights such as the creation of stereotyped models of learners’ profiles and behaviour that could lead to discrimination or risks of doing harm by the scaling-up of bad pedagogical practices;

| AE. | whereas culture plays a central role in the use of AI technologies at scale and is emerging as a key discipline for cultural heritage thanks to the development of innovative technologies and tools and their effective application to respond to the needs of the sector; |
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AE.

whereas culture plays a central role in the use of AI technologies at scale and is emerging as a key discipline for cultural heritage thanks to the development of innovative technologies and tools and their effective application to respond to the needs of the sector;

| AF. | whereas AI technologies can be used to promote and protect cultural heritage, including by using digital tools to preserve historical sites and finding innovative ways to make the datasets of cultural artefacts held by cultural institutions across the Union more widely and easily accessible, while allowing users to navigate the vast amount of cultural and creative content; whereas the promotion of interoperability standards and frameworks is key in this regard; |
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AF.

whereas AI technologies can be used to promote and protect cultural heritage, including by using digital tools to preserve historical sites and finding innovative ways to make the datasets of cultural artefacts held by cultural institutions across the Union more widely and easily accessible, while allowing users to navigate the vast amount of cultural and creative content; whereas the promotion of interoperability standards and frameworks is key in this regard;

| AG. | whereas the use of AI technologies for cultural and creative content, notably media content and tailored content recommendations, raises issues around data protection, discrimination and cultural and linguistic diversity, risks producing discriminatory output based on biased entry data, and could restrict diversity of opinion and media pluralism; |
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AG.

whereas the use of AI technologies for cultural and creative content, notably media content and tailored content recommendations, raises issues around data protection, discrimination and cultural and linguistic diversity, risks producing discriminatory output based on biased entry data, and could restrict diversity of opinion and media pluralism;

| AH. | whereas AI-based personalised content recommendations can often better target individuals’ specific needs, including cultural and linguistic preferences; whereas AI can help to promote linguistic diversity in the Union and contribute to the wider dissemination of European audiovisual works, in particular through automatic subtitling and dubbing of audiovisual content in other languages; whereas making media content across languages is therefore fundamental to support cultural and linguistic diversity; |
| --- | --- |

AH.

whereas AI-based personalised content recommendations can often better target individuals’ specific needs, including cultural and linguistic preferences; whereas AI can help to promote linguistic diversity in the Union and contribute to the wider dissemination of European audiovisual works, in particular through automatic subtitling and dubbing of audiovisual content in other languages; whereas making media content across languages is therefore fundamental to support cultural and linguistic diversity;

| AI. | whereas AI drives innovation in newsrooms by automating a variety of mundane tasks, interpreting data and even generating news such as weather forecasts and sports results; |
| --- | --- |

AI.

whereas AI drives innovation in newsrooms by automating a variety of mundane tasks, interpreting data and even generating news such as weather forecasts and sports results;

| AJ. | whereas Europe’s linguistic diversity means that promoting computational linguistics for rights-based AI offers specific potential for innovations which can be used to make global cultural and information exchanges in the digital age democratic and non-discriminatory; |
| --- | --- |

AJ.

whereas Europe’s linguistic diversity means that promoting computational linguistics for rights-based AI offers specific potential for innovations which can be used to make global cultural and information exchanges in the digital age democratic and non-discriminatory;

| AK. | whereas AI technologies may have the potential to benefit special needs education, as well as the accessibility of cultural and creative content for people with disabilities; whereas AI enables solutions such as speech recognition, virtual assistants and digital representations of physical objects; whereas digital creations are already playing their part in making such content available to people with disabilities; |
| --- | --- |

AK.

whereas AI technologies may have the potential to benefit special needs education, as well as the accessibility of cultural and creative content for people with disabilities; whereas AI enables solutions such as speech recognition, virtual assistants and digital representations of physical objects; whereas digital creations are already playing their part in making such content available to people with disabilities;

| AL. | whereas AI applications are omnipresent in the audiovisual sector, in particular on audiovisual content platforms; |
| --- | --- |

AL.

whereas AI applications are omnipresent in the audiovisual sector, in particular on audiovisual content platforms;

| AM. | whereas AI technologies therefore contribute to the creation, planning, management, production, distribution, localisation and consumption of audiovisual media products; |
| --- | --- |

AM.

whereas AI technologies therefore contribute to the creation, planning, management, production, distribution, localisation and consumption of audiovisual media products;

| AN. | whereas while AI can be used to generate fake content, such as ‘deepfakes’, which are growing exponentially and constitute an imminent threat to democracy, it can also be used as an invaluable tool for identifying and immediately combatting such malicious activity, for example through real-time fact checking or labelling of content; whereas most deepfake material is easy to spot; whereas at the same time, AI-powered detection tools are generally successful in flagging and filtering out such content; whereas there is a lack of a legal framework on this issue; |
| --- | --- |

AN.

whereas while AI can be used to generate fake content, such as ‘deepfakes’, which are growing exponentially and constitute an imminent threat to democracy, it can also be used as an invaluable tool for identifying and immediately combatting such malicious activity, for example through real-time fact checking or labelling of content; whereas most deepfake material is easy to spot; whereas at the same time, AI-powered detection tools are generally successful in flagging and filtering out such content; whereas there is a lack of a legal framework on this issue;

General observations

| 1. | Underlines the strategic importance of AI and related technologies for the Union; stresses that the approach to AI and its related technologies must be human-centred and anchored in human rights and ethics, so that AI genuinely becomes an instrument that serves people, the common good and the general interest of citizens; |
| --- | --- |

1.

| 2. | Underlines that the development, deployment and use of AI in education, culture and the audiovisual sector must fully respect fundamental rights, freedoms and values, including human dignity, privacy, the protection of personal data, non-discrimination and freedom of expression and information, as well as cultural diversity and IPR, as enshrined in the Union Treaties and the Charter; |
| --- | --- |

2.

| 3. | Asserts that education, culture and the audiovisual sector are sensitive areas as far as the use of AI and related technologies is concerned, as they have the potential to impact on the cornerstones of the fundamental rights and values of our society; stresses, therefore, that ethical principles should be observed in the development, deployment and use of AI and related technologies in these sectors, including the software, algorithms and data used and produced by them; |
| --- | --- |

3.

| 4. | Recalls that algorithms and AI should be ‘ethical by design’, with no built-in bias, in a way that guarantees maximum protection of fundamental rights; |
| --- | --- |

4.

| 5. | Reiterates the importance of developing quality, compatible and inclusive AI and related technologies for use in deep learning which respect and defend the values of the Union, notably gender equality, multilingualism and the conditions necessary for intercultural dialogue, as the use of low-quality, outdated, incomplete or incorrect data may lead to poor predictions and in turn discrimination and bias; highlights that it is essential to develop capabilities at both national and Union level to improve data collection, safety, systematisation and transferability, without harming privacy; takes note of the Commission’s proposal to create a single European data space; |
| --- | --- |

5.

| 6. | Recalls that AI may give rise to biases and thus to various forms of discrimination based on sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; recalls, in this regard, that the rights of all people must be ensured and that AI and related technologies must not be discriminatory in any form; |
| --- | --- |

6.

| 7. | Emphasises that such bias and discrimination can arise from already biased datasets that reflect existing discrimination in society; recalls, in this context, that it is essential to involve the relevant stakeholders, including civil society, to prevent gender, social and cultural biases from being inadvertently included in AI algorithms, systems and applications; stresses the need to work on the most efficient way of reducing bias in AI systems in line with ethical and non-discrimination standards; underlines that the datasets used to train AI should be as broad as possible in order to represent society in the best and most relevant way, that the outputs should be reviewed to avoid all forms of stereotypes, discrimination and bias and that, where appropriate, AI should be used to identify and rectify human bias wherever it exists; calls on the Commission to encourage and facilitate the sharing of de-biasing strategies for data; |
| --- | --- |

7.

| 8. | Calls on the Commission and the Member States to take into account ethical aspects, including from a gender perspective, when developing AI policy and legislation, and, if necessary, to adapt the current legislation, including Union programmes and ethical guidelines for the use of AI; |
| --- | --- |

8.

| 9. | Calls on the Commission and the Member States to devise measures that fully incorporate the gender dimension, such as awareness-raising campaigns, training and curricula, which should provide information to citizens on how algorithms operate and their impact on their daily lives; further calls on them to nurture gender-equal mindsets and working conditions that lead to the development of more inclusive technology products and work environments; urges the Commission and the Member States to ensure the inclusion of digital skills and AI training in school curricula and to make them accessible to all, as a way to close the digital gender divide; |
| --- | --- |

9.

| 10. | Stresses the need for training for workers and educators dealing with AI to promote the ability to identify and correct gender-discriminatory practices in the workplace and in education, and for workers developing AI systems and applications to identify and remedy gender-based discrimination in the AI systems and applications they develop; calls for the establishment of clear responsibilities in companies and educational institutions to ensure that there is no gender-based discrimination in the workplace or educational context; highlights that genderless images of AI and robots should be used for educational and cultural purposes, unless gender is a key factor for some reason; |
| --- | --- |

10.

| 11. | Highlights the importance of the development and deployment of AI applications in education, culture and the audiovisual sector in collecting gender-disaggregated and other equality data, and of applying modern machine learning de-biasing techniques, if needed, to correct gender stereotypes and gender biases which may have negative impacts; |
| --- | --- |

11.

| 12. | Calls on the Commission to include education in the regulatory framework for high-risk AI applications, given the importance of ensuring that education continues to contribute to the public good, as well as the high sensitivity of data on pupils, students and other learners; emphasises that in the education sector, this deployment should involve educators, learners and the wider society and should take into account the needs of all and the expected benefits in order to ensure that AI is used purposefully and ethically; |
| --- | --- |

12.

| 13. | Calls on the Commission to encourage the use of Union programmes such as Horizon Europe, Digital Europe and Erasmus+ to promote multidisciplinary research, pilot projects, experiments and the development of tools including training, for the identification of gender biases in AI, as well as awareness-raising campaigns for the general public; |
| --- | --- |

13.

| 14. | Stresses the need to create diverse teams of developers and engineers to work alongside the main actors in education, culture and the audiovisual sector in order to prevent gender or social bias from being inadvertently included in AI algorithms, systems and applications; stresses the need to consider the variety of different theories through which AI has been developed to date and could be further advanced in the future; |
| --- | --- |

14.

| 15. | Points out that taking due care to eliminate bias and discrimination against particular groups, including gender stereotypes, should not halt technological progress; |
| --- | --- |

15.

| 16. | Reiterates the importance of fundamental rights and the overarching supremacy of the legislation of data and privacy protection, which is imperative when dealing with such technologies; recalls that data protection and privacy can be particularly affected by AI, in particular children’s data; underlines that the principles established in the General Data Protection Regulation (GDPR) (8) are binding for the deployment of AI in that regard; recalls, moreover, that all AI applications must fully respect Union data protection law, namely the GDPR and the ePrivacy Directive (9); stresses the right to obtain human intervention when AI and related technologies are being used; |
| --- | --- |

16.

| 17. | Calls on the Commission and the Member States to implement an obligation of transparency and explainability of AI-based automated individual decisions taken within the framework of prerogatives of public power, and to implement penalties to enforce this; calls for the implementation of systems which use human verification and intervention by default, and for due process, including the right of appeal and redress as well as access to remedies; |
| --- | --- |

17.

| 18. | Notes the potentially negative impact of personalised advertising, in particular micro-targeted and behavioural advertising, and of the assessment of individuals, especially minors, without their consent, by interfering in the private life of individuals, asking questions as to the collection and use of the data used to personalise advertising, and offering products or services or setting prices; calls on the Commission, therefore, to introduce strict limitations on targeted advertising based on the collection of personal data, starting with a ban on cross-platform behavioural advertising, without harming small and medium-sized enterprises (SMEs); recalls that the ePrivacy Directive currently only allows targeted advertising subject to opt-in consent, otherwise making it illegal; calls on the Commission to prohibit the use of discriminatory practices for the provision of services or products; |
| --- | --- |

18.

| 19. | Stresses the need for media organisations to be informed about the main parameters of algorithm-based AI systems that determine ranking and search results on third-party platforms, and for users to be informed about the use of AI in decision-making services and empowered to set their privacy parameters via transparent and understandable measures; |
| --- | --- |

19.

| 20. | Stresses that AI can support content creation in education, culture and the audiovisual sector, alongside information and educational platforms, including listings of different kinds of cultural objects and a multitude of data sources; notes the risks of IPR infringement when blending AI and different technologies with a multiplicity of sources (documents, photos, films) to improve how that data is displayed, researched and visualised; calls for AI to be used to ensure a high level of IPR protection within the current legislative framework, such as by alerting individuals and businesses if they are in danger of inadvertently infringing the rules, or by assisting IPR rights holders if the rules are actually infringed; emphasises, therefore, the importance of having an appropriate legal framework at Union level for the protection of IPR in connection with the use of AI; |
| --- | --- |

20.

| 21. | Stresses the need to strike a balance between, on the one hand, the development of AI systems and their use in education, culture and the audiovisual sector and, on the other, measures to safeguard competition and market competitiveness for AI companies in these sectors; emphasises, in this regard, the need to encourage companies to invest in the innovation of AI systems used in these sectors, while also ensuring that those providing such applications do not obtain a market monopoly; underlines the need for AI to be made widely available to the cultural and creative sectors and industries (CCSI) across Europe in order to maintain a level playing field and fair competition for all stakeholders and actors in Europe; calls on the Commission and the Member States, when taking decisions on competition policy, including mergers, to take greater account of the role played by data and algorithms in the concentration of market power; |
| --- | --- |

21.

| 22. | Stresses the need to systematically address the social, ethical and legal issues raised by the development, deployment and use of AI such as the transparency and accountability of algorithms, non-discrimination, equal opportunities, freedom and diversity of opinion, media pluralism and the ownership, collection, use and dissemination of data and content; recommends that common European guidelines and standards to protect privacy be devised while making effective use of the data available; calls for transparency in the development and accountability in the use of algorithms; |
| --- | --- |

22.

| 23. | Calls on the Commission to put forward a comprehensive set of provisions designed to regulate AI applications on a horizontal basis and to supplement them with sector-specific rules, for example for audiovisual media services; |
| --- | --- |

23.

| 24. | Stresses the need for investment in research and innovation on the development, deployment and use of AI and its applications in education, culture and the audiovisual sector; highlights the importance of public investment in these services and the complementary added value provided by public-private partnerships in order to achieve this objective and deploy the full potential of AI in these sectors, in particular education, in view of the substantial amount of private investment made in recent years; calls on the Commission to find additional funding to promote research and innovation into AI applications in these sectors; |
| --- | --- |

24.

| 25. | Underlines that algorithmic systems can be an enabler for reducing the digital divide in an accelerated way, but unequal deployment risks creating new divides or accelerating the deepening of existing ones; expresses its concern that knowledge and infrastructure are not developed in a consistent way across the Union, which limits the accessibility of products and services that rely on AI, in particular in sparsely populated and socio-economically vulnerable areas; calls on the Commission to ensure cohesion in the sharing of the benefits of AI and related technologies; |
| --- | --- |

25.

| 26. | Calls on the Commission to establish requirements for the procurement and deployment of AI and related technologies by Union public sector bodies in order to ensure compliance with Union law and fundamental rights; highlights the added value of using instruments such as public consultations and impact assessments prior to the procurement or deployment of AI systems, as recommended in the report of the Special Rapporteur to the UN General Assembly on AI and its impact on freedom of opinion and expression (10); encourages public authorities to incentivise the development and deployment of AI by public funding and public procurement; stresses the need to strengthen the market by providing SMEs with the opportunity to participate in the procurement of AI applications in order to ensure the involvement of technology companies of all sizes and thus guarantee resilience and competition; |
| --- | --- |

26.

| 27. | Calls for independent audits to be conducted regularly to examine whether the AI applications being used and the related checks and balances are in accordance with specified criteria, and for those audits to be supervised by independent and sufficient overseeing authorities; calls for specific stress tests to assist and enforce compliance; |
| --- | --- |

27.

| 28. | Notes the benefits and risks of AI in terms of cybersecurity and its potential in combatting cybercrime, and emphasises the need for any AI solutions to be resilient to cyberattacks while respecting Union fundamental rights, especially the protection of personal data and privacy; stresses the importance of monitoring the safe use of AI and the need for close collaboration between the public and private sectors to counter user vulnerabilities and the dangers arising in this connection; calls on the Commission to evaluate the need for better prevention in terms of cybersecurity and mitigation measures thereof; |
| --- | --- |

28.

| 29. | Highlights that the COVID-19 pandemic crisis can be considered as a probation period for the development, deployment and use of digital and AI-related technologies in education and culture, as exemplified by the many online schooling platforms and online tools for cultural promotion employed across the Member States; calls on the Commission, therefore, to take stock of those examples when considering a common Union approach to the increased use of such technological solutions; |
| --- | --- |

29.

Education

| 30. | Recalls the importance of strengthening digital skills and achieving a high standard of media, digital and information literacy at Union level as a prerequisite for the use of AI in education; underlines the need, in this regard, to ensure Union-wide digital and AI literacy, in particular through the development of training opportunities for teachers; insists that the use of AI technologies in schools should help to narrow the social and regional digital gap; welcomes the Commission’s updated Digital Education Action Plan, which addresses the use of AI in education; calls on the Commission, in that regard, to make digital capabilities, media literacy and training and AI-related skills the priorities of this plan, while raising awareness about the potential misuses and malfunctioning of AI; calls on the Commission, in that connection, to place special emphasis on children and young people in precarious situations, as they need particular support in the area of digital education; urges the Commission to duly address AI and robotics initiatives in education in its forthcoming AI legislative proposals; urges the Member States to invest in digital equipment in schools, using Union funds to this end; |
| --- | --- |

30.

| 31. | Highlights that the use of AI in education systems brings a wide range of possibilities, opportunities and tools for making it more innovative, inclusive, efficient and increasingly effective by introducing new high-quality learning methods that are quick, personalised and student-centric; stresses, however, that as it will impact education and social inclusion, the availability of such tools must be ensured for all social groups by establishing equal access to education and learning and leaving no one behind, especially people with disabilities; |
| --- | --- |

31.

| 32. | Underlines that in order to engage with AI both critically and effectively, citizens need at least a basic understanding of this technology; calls on the Member States to integrate awareness-raising campaigns about AI in their actions on digital literacy; calls on the Commission and the Member States to promote digital literacy plans and forums for discussion to involve citizens, parents and students in a democratic dialogue with public authorities and stakeholders concerning the development, deployment and use of AI technologies in education systems; stresses the importance of providing educators, trainers and others with the right tools and know-how with regard to AI and related technologies in terms of what they are, how they are used and how to use them properly and in accordance with the law, in order to avoid IPR infringements; highlights, in particular, the importance of digital literacy for people working in the education and training sectors and of improving digital training for the elderly, bearing in mind that the younger generations already have a basic notion of these technologies, having grown up with them; |
| --- | --- |

32.

| 33. | Stresses that the real objective of AI in education systems should be to make education as individualised as possible, offering students personalised academic paths in line with their strengths and weaknesses and didactic material tailored to their characteristics, while maintaining educational quality and the integrating principle of our education systems; |
| --- | --- |

33.

| 34. | Recalls the fundamental and multifaceted role that teachers play in education and in making it inclusive, especially in early childhood, where skills are acquired that will enable students to progress throughout their lives, such as in personal relations, study skills, empathy and cooperative work; stresses, therefore, that AI technologies cannot be used to the detriment or at the expense of in-person education, as teachers must not be replaced by any AI or AI-related technologies; |
| --- | --- |

34.

| 35. | Stresses that the learning benefits of using AI in education will depend not only on AI itself, but on how teachers use AI in the digital learning environment to meet the needs of pupils, students and teachers; points out, therefore, the need for AI programmers to involve teaching communities in the development, deployment and use of AI technologies where possible, creating a nexus environment to form connections and cooperation between AI programmers, developers, companies, schools, teachers and other public and private stakeholders in order to create AI technologies that are suitable for real-life educational environments, reflect the age and developmental readiness of each learner and meet the highest ethical standards; highlights that educational institutions should only deploy trustworthy, ethical, human-centred technologies which are auditable at every stage of their lifecycle by public authorities and civil society; emphasises the advantages of free and open-source solutions in this regard; calls for schools and other educational establishments to be provided with the financial and logistical support as well as the expertise required to introduce solutions for the learning of the future; |
| --- | --- |

35.

| 36. | Highlights, moreover, the need to continuously train teachers so they can adapt to the realities of AI-powered education and acquire the necessary knowledge and skills to use AI technologies in a pedagogical and meaningful way, enabling them to fully embrace the possibilities offered by AI and to understand its limitations; calls for digital teaching to be part of every teacher’s training in the future and calls for teachers and people working in education and training to be given the opportunity to continue their training in digital teaching throughout their lives; calls, therefore, for the development of training programmes in AI for teachers in all fields and across Europe; highlights, furthermore, the importance of reforming teaching programmes for new generations of teachers allowing them to adapt to the realities of AI-powered education, as well as the importance of drawing up and updating handbooks and guidelines on AI for teachers; |
| --- | --- |

36.

| 37. | Is concerned about the lack of specific higher education programmes for AI and the lack of public funding for AI across the Member States; believes that this is putting Europe’s future digital ambitions at risk; |
| --- | --- |

37.

| 38. | Is worried about the fact that few AI researchers are pursuing an academic career as tech firms can offer better pay and less bureaucracy for research; believes that part of the solution would be to direct more public money towards AI research at universities; |
| --- | --- |

38.

| 39. | Underlines the importance of equipping people with general digital skills from childhood onwards in order to close the qualifications gap and better integrate certain population groups into the digital labour market and digital society; points out that it will become more and more important to train highly skilled professionals from all backgrounds in the field of AI, ensure the mutual recognition of such qualifications throughout the Union, and upskill the existing and future workforce to enable it to cope with the future realities of the labour market; encourages the Member States, therefore, to assess their educational offer and to upgrade it with AI-related skills, where necessary, and to put in place specific curricula for AI developers, while also including AI in traditional curricula; highlights the need to ensure mutual recognition of professional qualifications in AI skills across the Union, as several Member States are upgrading their educational offer with AI-related skills and putting in place specific curricula for AI developers; welcomes the Commission’s efforts to include digital skills as one of the qualifications requirements for certain professions harmonised at Union level under the Professional Qualifications Directive (11); stresses the need for these to be in line with the assessment list of the ethical guidelines for trustworthy AI, and welcomes the Commission’s proposal to transform this list into an indicative curriculum for AI developers; recalls the special needs of vocational education and training (VET) with regard to AI and calls for a collaborative approach across Europe to enhance the potential offered by AI in VET; underlines the importance of training highly skilled professionals in this area, including ethical aspects in curricula, and of supporting underrepresented groups in this field, as well as of creating incentives for those professionals to seek work within the Union; recalls that women are underrepresented in AI and that this may create significant gender imbalances in the future labour market; |
| --- | --- |

39.

| 40. | Stresses the need for governments and educational institutions to rethink, rework and adapt their educational curricula to the needs of the 21st century by devising educational programmes that place greater emphasis on STEAM subjects in order to prepare learners and consumers for the increasing prevalence of AI and facilitate the acquisition of cognitive skills; underlines, in this regard, the importance of diversifying this sector and of encouraging students, especially women and girls, to enrol in STEAM courses, in particular in robotics and AI-related subjects; calls for more financial and scientific resources to motivate skilled people to stay in the Union while attracting those with skills from third countries; notes, furthermore, the considerable number of start-ups working with AI and developing AI technologies; stresses that SMEs will require additional support and AI-related training to comply with digital and AI-related regulation; |
| --- | --- |

40.

| 41. | Notes that automation and the development of AI may drastically and irreversibly change employment; emphasises that priority should be given to tailoring skills to the needs of the future job market, in particular in education and the CCSI; underlines, in this context, the need to upskill the future workforce; stresses, furthermore, the importance of deploying AI to reskill and upskill the European labour market in the CCSI, in particular in the audiovisual sector, which has already been severely impacted by the COVID-19 crisis; |
| --- | --- |

41.

| 42. | Calls on the Commission to assess the level of risk of AI deployment in the education sector in order to ascertain whether AI applications in education should be included in the regulatory framework for high risk and subject to stricter requirements on safety, transparency, fairness and accountability, in view of the importance of ensuring that education continues to contribute to the public good and the acute sensitivity of data on pupils, students and other learners; underlines that datasets used to train AI should be reviewed in order to avoid reinforcing certain stereotypes and other kinds of bias; |
| --- | --- |

42.

| 43. | Calls on the Commission to propose a futureproof legal framework for AI so as to provide legally binding ethical measures and standards to ensure fundamental rights and freedoms and the development of trustworthy, ethical and technically robust AI applications, including integrated digital tools, services and products such as robotics and machine learning, with particular regard to education; calls for the data used and produced by AI applications in education to be accessible, interoperable and of high quality, and to be shared with the relevant public authorities in an accessible way and with respect for copyright and trade secrets legislation; recalls that children constitute a vulnerable group who deserve particular attention and protection; stresses that while AI can benefit education, it is necessary to take into account its technological, regulatory and social aspects, with adequate safeguards and a human-centred approach that ultimately ensures that human beings are always able to control and correct the system’s decisions; points out, in this regard, that teachers must control and supervise any deployment and use of AI technologies in schools and universities when interacting with pupils and students; recalls that AI systems must not take any final decision that could affect educational opportunities, such as students’ final evaluation, without full human supervision; recalls that automated decisions about natural persons based on profiling, where they have legal or similar effects, must be strictly limited and always require the right to human intervention and the right to an explanation under the GDPR; underlines that this should be strictly adhered to, especially in the education system, where decisions about future chances and opportunities are taken; |
| --- | --- |

43.

| 44. | Expresses serious concern that schools and other education providers are becoming increasingly dependent on educational technology (edtech) services, including AI applications, provided by a few private companies that enjoy a dominant market position; believes that this should be scrutinised through Union competition rules; stresses the importance, in this regard, of supporting the uptake of AI by SMEs in education, culture and the audiovisual sector through the appropriate incentives that create a level playing field; calls, in this context, for investment in European IT companies in order to develop the necessary technologies within the Union, given that the major companies that currently provide AI are based outside the Union; strongly recalls that the data of minors is strictly protected by the GDPR and can only be processed if completely anonymised or consent has been given or authorised by the holder of parental responsibility, in strict compliance with the principles of data minimisation and purpose limitation; calls for more robust protection and safeguards in the education sector where children’s data is concerned and calls on the Commission to take more effective steps in that regard; calls for clear information to be provided to children and their parents about the possible use and processing of children’s data, including through awareness-raising and information campaigns; |
| --- | --- |

44.

| 45. | Underlines the specific risks in the use of AI automated recognition applications, which are developing at pace; recalls that children are a particularly sensitive group; recommends that the Commission and the Member States ban automated biometric identification, such as facial recognition for educational and cultural purposes, on educational and cultural premises, unless its use is allowed by law; |
| --- | --- |

45.

| 46. | Stresses the need to increase customer choice to stimulate competition and broaden the range of services offered by AI technologies for educational purposes; encourages public authorities, in this regard, to incentivise the development and deployment of AI technologies through public funding and public procurement; considers that technologies used by public education providers or purchased with public funding should be based on open-source technologies; |
| --- | --- |

46.

| 47. | Notes that innovation in education is overdue, as highlighted by the COVID-19 pandemic and the ensuing switch to online and distance learning; stresses that AI-driven educational tools such as those for assessing and identifying learning difficulties can improve the quality and effectiveness of online learning; |
| --- | --- |

47.

| 48. | Stresses that next-generation digital infrastructure and internet coverage are of strategic significance for providing AI-powered education to European citizens; in light of the COVID-19 crisis, calls on the Commission to elaborate a strategy for a European 5G that ensures Europe’s strategic resilience and is not dependent on technologies from states which do not share our values; |
| --- | --- |

48.

| 49. | Calls for the creation of a pan-European university and research network focused on AI in education, which should bring together institutions and experts from all fields to examine the impact of AI on learning and identify solutions to enhance its potential; |
| --- | --- |

49.

Cultural heritage

| 50. | Reiterates the importance of access to culture for every citizen throughout the Union; highlights, in this context, the importance of the exchange of best practices among Member States, educational facilities and cultural institutions and similar stakeholders; further considers it of vital importance that the resources available at both Union and national level are used to the maximum of their potential in order to further improve access to culture; stresses that there are a multitude of options to access culture and that all varieties should be explored in order to determine the most appropriate option; highlights the importance of consistency with the Marrakech Treaty; |
| --- | --- |

50.

| 51. | Stresses that AI technologies can play a significant role in preserving, restoring, documenting, analysing, promoting and managing tangible and intangible cultural heritage, including by monitoring and analysing changes to cultural heritage sites caused by threats such as climate change, natural disasters and armed conflicts; |
| --- | --- |

51.

| 52. | Stresses that AI technologies can increase the visibility of Europe’s cultural diversity; points out that these technologies provide new opportunities for cultural institutions, such as museums, to produce innovative tools for cataloguing artefacts as well as documenting and making cultural heritage sites more accessible, including through 3D modelling and augmented virtual reality; stresses that AI will also enable museums and art galleries to introduce interactive and personalised services for visitors by providing them with a list of suggested items based on their interests, expressed in person and online; |
| --- | --- |

52.

| 53. | Stresses that the use of AI will herald new innovative approaches, tools and methodologies allowing cultural workers and researchers to create uniform databases with suitable classification schemes as well as multimedia metadata, enabling them to make connections between different cultural heritage objects and thus increase knowledge and provide a better understanding of cultural heritage; |
| --- | --- |

53.

| 54. | Stresses that good practices in AI technologies for the protection and accessibility of cultural heritage, in particular for people with disabilities, should be identified and shared between cultural networks across the Union, while encouraging research on the various uses of AI to promote the value, accessibility and preservation of cultural heritage; calls on the Commission and the Member States to promote the opportunities offered by the use of AI in the CCSI; |
| --- | --- |

54.

| 55. | Stresses that AI technologies can also be used to monitor the illicit trafficking of cultural objects and the destruction of cultural property, while supporting data collection for recovery and reconstruction efforts of both tangible and intangible cultural heritage; notes, in particular, that the development, deployment and use of AI in customs screening procedures may support efforts to prevent the illicit trafficking of cultural heritage, in particular to supplement systems which allow customs authorities to target their efforts and resources on items that pose the greatest risk; |
| --- | --- |

55.

| 56. | Notes that AI could benefit the research sector, for example through the role that predictive analytics can play in fine-tuning data analysis, for example on the acquisition and movement of cultural objects; stresses that the Union must step up investment and foster partnerships between industry and academia in order to enhance research excellence at European level; |
| --- | --- |

56.

| 57. | Recalls that AI can be a revolutionary tool for promoting cultural tourism and highlights its considerable potential in predicting tourism flows, which could help cities struggling with over-tourism; |
| --- | --- |

57.

Cultural and creative sectors and industries (CCSI)

| 58. | Regrets the fact that culture is not among the priorities outlined in policy options and recommendations on AI at Union level, notably the Commission’s white paper of 19 February 2020 on AI; calls for these recommendations to be revised in order to make culture an AI policy priority at Union level; calls on the Commission and the Member States to address the potential impact of the development, deployment and use of AI technologies on the CCSI and to make the most of the Next Generation EU recovery plan to digitise these sectors to respond to new forms of consumption in the 21st century; |
| --- | --- |

58.

| 59. | Points out that AI has now reached the CCSI, as exemplified by the automatic production of texts, videos and pieces of music; emphasises that creative artists and cultural workers must have the digital skills and training required to use AI and other digital technologies; calls on the Commission and the Member States to promote the opportunities offered by the use of AI in the CCSI, by making more funding available from science and research budgets, and to establish digital creativity centres in which creative artists and cultural workers develop AI applications, learn how to use these and other technologies and test them; |
| --- | --- |

59.

| 60. | Acknowledges that AI technologies have the potential to boost a growing number of jobs in the CCSI facilitated by greater access to these technologies; emphasises, therefore, the importance of boosting digital literacy in the CCSI to make these technologies more inclusive, usable, learnable, and interactive for these sectors; |
| --- | --- |

60.

| 61. | Emphasises that the interaction between AI and the CCSI is complex and requires an in-depth assessment; welcomes the Commission’s report of November 2020 entitled ‘Trends and Developments in Artificial Intelligence — Challenges to the IPRS Framework’ and the study on copyright and new technologies: copyright data management and artificial intelligence; underlines the importance of clarifying the conditions of use of copyright-protected content as data input (images, music, films, databases, etc.) and in the production of cultural and audiovisual outputs, whether created by humans with the assistance of AI or autonomously generated by AI technologies; invites the Commission to study the impact of AI on the European creative industries; reiterates the importance of European data and welcomes the statements made by the Commission in this regard, as well as the placing of artificial intelligence and related technologies high on the agenda; |
| --- | --- |

61.

| 62. | Stresses the need to set up a coherent vision of AI technologies in the CCSI at Union level; calls on the Member States to strengthen the focus on culture in their AI national strategies to ensure that the CCSI embrace innovation and remain competitive and that cultural diversity is safeguarded and promoted at Union level in the new digital context; |
| --- | --- |

62.

| 63. | Stresses the importance of creating a Union-wide heterogeneous milieu for AI technologies to encourage cultural diversity and support minorities and linguistic diversity, while also strengthening the CCSI through online platforms, allowing Union citizens to be included and to participate; |
| --- | --- |

63.

| 64. | Calls on the Commission and the Member States to support a democratic debate on AI technologies and to provide a regular forum for discussion with civil society, researchers, academia and stakeholders to raise awareness on the benefits and the challenges of its use in the CCSI; emphasises, in that connection, the role which art and culture can play in familiarising people with AI and fostering public debate about it, as they can provide vivid, tangible examples of machine learning, for example in the area of music; |
| --- | --- |

64.

| 65. | Calls on the Commission and the Member States to address the issue of AI-generated content and its challenges to authorship and copyright infringement; asks the Commission, in that regard, to assess the impact of AI and related technologies on the audiovisual sector and the CCSI, with a view to promoting cultural and linguistic diversity, while respecting authors’ and performers’ rights; |
| --- | --- |

65.

| 66. | Stresses that the European Institute of Innovation and Technology (EIT), in particular its future Knowledge and Innovation Community (KIC) dedicated to cultural and creative industries (CCI), should play a leading role in developing a European strategy on AI in education, culture and the audiovisual sector and can help accelerate and harvest AI applications to these sectors; |
| --- | --- |

66.

| 67. | Notes that AI has already entered the creative value chain at the level of creation, production, dissemination and consumption and is therefore having an immense impact on the CCSI, including music, the film industry, art and literature, through new tools, software and AI-assisted production for easier production, while providing inspiration and enabling the broader public to create content; |
| --- | --- |

67.

| 68. | Calls on the Commission to carry out studies and consider policy options to tackle the detrimental impact of AI-based control of online streaming services designed to limit diversity and/or maximise profits by including or prioritising certain content in the consumer offer, as well as how this impacts cultural diversity and creators’ earnings; |
| --- | --- |

68.

| 69. | Believes that AI is becoming increasingly useful for the CCSI in creation and production activities; |
| --- | --- |

69.

| 70. | Emphasises the role of an author’s personality for the expression of free and creative choices that constitute the originality of works (12); underlines the importance of limitations and exceptions to copyright when using content as data input, notably in education, academia and research, and in the production of cultural and creative output, such as audiovisual output and user-generated content; |
| --- | --- |

70.

| 71. | Takes the view that consideration should be given to protecting AI-generated technical and artistic creations in order to encourage this form of creativity; |
| --- | --- |

71.

| 72. | Stresses that in the data economy context, better copyright data management is achievable, for the purpose of better remunerating authors and performers, notably in enabling the swift identification of the authorship and right ownership of content, thus contributing to lowering the number of orphan works; further highlights that AI technological solutions should be used to improve copyright data infrastructure and the interconnection of metadata in works, but also to facilitate the transparency obligation provided in Article 19 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (13) for up-to-date, relevant and comprehensive information on the exploitation of authors’ and performers’ works and performances, particularly in the presence of a plurality of rights holders and of complex licensing schemes; |
| --- | --- |

72.

| 73. | Calls for the intellectual property action plan announced by the Commission to address the question of AI and its impact on the creative sectors, taking account of the need to strike a balance between protecting IPR and encouraging creativity in the areas of education, culture and research; considers that the Union can be a leader in the creation of AI technologies if it adopts an operational regulatory framework and implements proactive public policies, particularly as regards training programmes and financial support for research; asks the Commission to assess the impact of IPR on the research and development of AI and related technologies, as well as on the CCSI, including the audiovisual sector, with particular regard to authorship, fair remuneration of authors and related questions; |
| --- | --- |

73.

| 74. | Calls on the Commission to consider the legal aspects of the output produced using AI technologies, as well as cultural content generated with the use of AI and related technologies; considers it important to support the production of cultural content; reiterates, however, the importance of safeguarding the Union’s unique IPR framework and that any changes should be made with the necessary due care, in order not to disrupt the delicate balance; calls on the Commission to produce an in-depth assessment with regard to the possible legal personality of AI-produced content, as well as the application of IPR to AI-generated content and to content created with the use of AI tools; |
| --- | --- |

74.

| 75. | Calls on the Commission, in addition, to consider developing, in very close cooperation with Member States and the relevant stakeholders, verification mechanisms or systems for publishers, authors and creators in order to assist them in verifying what content they may use and to more easily determine what is protected under IPR legislation; |
| --- | --- |

75.

| 76. | Calls on the Commission to lay down rules designed to guarantee effective data interoperability in order to make content purchased on a platform accessible via any digital tool irrespective of brand; |
| --- | --- |

76.

Audiovisual sector

| 77. | Notes that AI is often used to enable automated decision-making algorithms to disseminate and order the cultural and creative content displayed to users; stresses that these algorithms are a ‘black box’ for users; stresses that the algorithms used by media service providers, video sharing platforms (VSPs) and music streaming services should be designed in such a way that they do not privilege specific works by limiting their ‘personalised’ suggestions to the most popular works, for targeted advertising, commercial purposes or to maximise profit; calls for recommendation algorithms and personalised marketing to be explainable and transparent where possible, in order to give consumers an accurate and comprehensive insight into these processes and content and to ensure that personalised services are not discriminatory and in line with the recently adopted Platform to Business Regulation (14) and New Deal for Consumers Omnibus Directive (15); calls on the Commission to address the ways in which content moderation algorithms are optimised to engage users, and to propose recommendations to increase user control over the content they see, by guaranteeing and properly implementing the right of users to opt out of recommended and personalised services; underlines, moreover, that consumers must be informed when they are interacting with an automated decision process and that their choices and performance must not be limited; stresses that the use of AI mechanisms for the commercial surveillance of consumers must be countered, even if it concerns ‘free services’, by ensuring that it is strictly in line with fundamental rights and the GDPR; stresses that all regulatory changes must take into consideration the impact on vulnerable consumers; |
| --- | --- |

77.

| 78. | Underlines that what is illegal offline shall be illegal online; notes that AI tools have the potential and are already used to fight illegal content online, but strongly recalls ahead of the forthcoming Digital Services Act that such tools must always respect fundamental rights, especially freedom of expression and information, and should not lead to a general monitoring obligation for the internet, or to the removal of legal material disseminated for education, journalistic, artistic or research purposes; stresses that algorithms should be used only as a flagging mechanism in content moderation, subject to human intervention, as AI is unable to reliably distinguish between legal, illegal and harmful content; notes that terms and conditions should always include community guidelines as well as an appeal procedure; |
| --- | --- |

78.

| 79. | Recalls, furthermore, that there should be no general monitoring, as stipulated in Article 15 of the e-Commerce Directive (16), and that specific content monitoring for audiovisual media services should be in accordance with the exceptions laid down in Union legislation; recalls that AI applications must adhere to internal and external safety protocols, which should be technically accurate and robust in nature; considers that this should extend to operation in normal, unknown and unpredictable situations alike; |
| --- | --- |

79.

| 80. | Stresses, moreover, that the use of AI in algorithm-based content recommendations on media service providers, such as video on demand services and VSPs, may have a serious impact on cultural and linguistic diversity, notably regarding the obligation to ensure the prominence of European works under Article 13 of the Audiovisual Media Services Directive (Directive (EU) 2018/1808 (17)); notes that the same concerns are equally relevant for the music streaming services and calls for the development of indicators to assess cultural diversity and the promotion of European works on such services; |
| --- | --- |

80.

| 81. | Calls on the Commission and the Member States to step up their financial support for the development, deployment and use of AI in the area of the automatic subtitling and dubbing of European audiovisual works, in order to foster cultural and language diversity in the Union and enhance the dissemination of and access to European audiovisual content; |
| --- | --- |

81.

| 82. | Calls on the Commission to establish a clear ethical framework for the use of AI technologies in media in order to prevent all forms of discrimination and ensure access to culturally and linguistically diverse content at Union level, based on accountable, transparent and inclusive algorithms, while respecting individuals’ choices and preferences; |
| --- | --- |

82.

| 83. | Points out that AI can play a major role in the rapid spread of disinformation; stresses, in that regard, that the framework should address the misuse of AI to disseminate fake news and online misinformation and disinformation, while avoiding censorship; calls on the Commission, therefore, to assess the risks of AI assisting the spread of disinformation in the digital environment as well as solutions on how AI could be used to help counter disinformation; |
| --- | --- |

83.

| 84. | Calls on the Commission to take regulatory measures to ensure that media service providers have access to the data generated by the provision and dissemination of their content on other providers’ platforms; emphasises that full data transfer from platform operators to media service providers is vital if the latter are to understand their audience better and thus improve the services they offer in keeping with people’s wishes; |
| --- | --- |

84.

| 85. | Stresses the importance of increasing funding for Digital Europe, Creative Europe and Horizon Europe in order to reinforce support for the European audiovisual sector, namely by collaborative research projects and experimental pilot initiatives on the development, deployment and use of ethical AI technologies; |
| --- | --- |

85.

| 86. | Calls for close collaboration between Member States in developing training programmes aimed at reskilling or upskilling workers to make them better prepared for the social transition that the use of AI technologies in the audiovisual sector will entail; |
| --- | --- |

86.

| 87. | Considers that AI has enormous potential to help drive innovation in the news media sector; believes that the widespread integration of AI, such as for content generation and distribution, the monitoring of comments sections, the use of data analytics, and identifying doctored photos and videos, is key for saving on costs in newsrooms in the light of diminishing advertising revenues and for devoting more resources to reporting on the ground and thus increase the quality and variety of content; |
| --- | --- |

87.

Online disinformation: deepfakes

| 88. | Stresses the importance of ensuring online and offline media pluralism to guarantee the quality, diversity and reliability of the information available; |
| --- | --- |

88.

| 89. | Recalls that accuracy, independence, fairness, confidentiality, humanity, accountability and transparency, as driving forces behind the principles of freedom of expression and access to information in online and offline media, are decisive in the fight against disinformation and misinformation; |
| --- | --- |

89.

| 90. | Notes the important role which independent media play in culture and the daily life of citizens; stresses that disinformation represents a fundamental problem, as copyright and IPR generally are being constantly infringed; calls on the Commission, in cooperation with the Member States, to continue its work on raising awareness of this problem, countering the effects of disinformation as well as the source problems; considers it important, furthermore, to develop educational strategies to specifically improve digital literacy in this regard; |
| --- | --- |

90.

| 91. | Recalls that with new techniques rapidly emerging, detecting false and manipulated content such as deepfakes may become increasingly challenging due to the ability of malicious producers to generate sophisticated algorithms that can be successfully trained to evade detection, thus seriously undermining our basic democratic values; asks the Commission to assess the impact of AI in the creation of deepfakes, to establish appropriate legal frameworks to govern their creation, production or distribution for malicious purposes, and to propose recommendations for, among other initiatives, action against any AI-powered threats to free and fair elections and democracy; |
| --- | --- |

91.

| 92. | Welcomes recent initiatives and projects to create more efficient deepfake detection tools and transparency requirements; stresses, in this regard, the need to explore and invest in methods for tackling deepfakes as a crucial step in combatting misinformation and harmful content; considers that AI-enabled solutions can be helpful in this regard; asks the Commission, therefore, to impose an obligation for all deepfake material or any other realistically made synthetic videos to state that the material is not original and a strict limitation when used for electoral purposes; |
| --- | --- |

92.

| 93. | Is concerned that AI is having an ever greater influence on the way information is found and consumed online; points out that so-called filter bubbles and echo chambers are restricting diversity of opinion and undermining open debate in society; urges, therefore, that the way platform operators use algorithms to process information must be transparent and that users must be given greater freedom to decide whether and what information they want to receive; |
| --- | --- |

93.

| 94. | Points out that AI technologies are already being used in journalism, for example to produce texts or, in the context of investigative research, to analyse large data sets; emphasises that in the context of producing information of significance to society as a whole, it is important that automated journalism should draw on correct and comprehensive data, in order to prevent the dissemination of fake news; emphasises that the basic principles of quality journalism, such as editorial supervision, must also apply to journalistic content produced using AI technologies; calls for AI-generated texts to be clearly identified as such, in order to safeguard trust in journalism; |
| --- | --- |

94.

| 95. | Highlights the potential of AI to facilitate and encourage multilingualism by developing language-related technologies and enabling online European content to be discovered; |
| --- | --- |

95.

o

o o

| 96. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

96.

---

(1)  OJ C 202 I, 16.6.2020, p. 1.

(2)  OJ C 440, 6.12.2018, p. 37.

(3)  OJ C 449, 23.12.2020, p. 37.

(4)  OJ C 433, 23.12.2019, p. 42.

(5)  OJ C 28, 27.1.2020, p. 8.

(6)  OJ C 252, 18.7.2018, p. 239.

(7)  OJ C 307, 30.8.2018, p. 163.

(8)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(9)  Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

(10)  Report of the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, 29 August 2018.

(11)  Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).

(12)  Court of Justice of the European Union, Case C-833/18, SI and Brompton Bicycle Ltd v Chedech / Get2Get.

(13)  Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92).

(14)  Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57).

(15)  Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7).

(16)  Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1).

(17)  Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities (OJ L 303, 28.11.2018, p. 69).

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| 12.1.2022 | EN | Official Journal of the European Union | C 15/45 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/45

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P9_TA(2021)0240

A European Strategy for Energy System Integration

European Parliament resolution of 19 May 2021 on a European strategy for energy system integration (2020/2241(INI))

(2022/C 15/05)

The European Parliament,

| — | having regard to the Treaty on the Functioning of the European Union, and in particular Article 194 thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union, and in particular Article 194 thereof,

| — | having regard to the Paris Climate Agreement of 12 December 2015, |
| --- | --- |

—

having regard to the Paris Climate Agreement of 12 December 2015,

| — | having regard to United Nations Sustainable Development Goal 7 ‘Ensuring access to affordable, reliable, sustainable and modern energy for all’, |
| --- | --- |

—

having regard to United Nations Sustainable Development Goal 7 ‘Ensuring access to affordable, reliable, sustainable and modern energy for all’,

| — | having regard to the Commission communication of 16 February 2016 entitled ‘An EU Strategy on Heating and Cooling’ (COM(2016)0051), |
| --- | --- |

—

having regard to the Commission communication of 16 February 2016 entitled ‘An EU Strategy on Heating and Cooling’ (COM(2016)0051),

| — | having regard to the Commission communication of 28 November 2018 entitled ‘A Clean Planet for all — A European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy’ (COM(2018)0773), |
| --- | --- |

—

having regard to the Commission communication of 28 November 2018 entitled ‘A Clean Planet for all — A European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy’ (COM(2018)0773),

| — | having regard to the Commission communication of 11 December 2019 on ‘The European Green Deal’ (COM(2019)0640), |
| --- | --- |

—

having regard to the Commission communication of 11 December 2019 on ‘The European Green Deal’ (COM(2019)0640),

| — | having regard to the Commission communication of 19 February 2020 entitled ‘A European Data Strategy’ (COM(2020)0066), |
| --- | --- |

—

having regard to the Commission communication of 19 February 2020 entitled ‘A European Data Strategy’ (COM(2020)0066),

| — | having regard to the Commission communication of 10 March 2020 entitled ‘A New Industrial Strategy for Europe’ (COM(2020)0102), |
| --- | --- |

—

having regard to the Commission communication of 10 March 2020 entitled ‘A New Industrial Strategy for Europe’ (COM(2020)0102),

| — | having regard to the Commission communication of 8 July 2020 entitled ‘Powering a climate-neutral economy: An EU Strategy for Energy System Integration’ (COM(2020)0299), |
| --- | --- |

—

having regard to the Commission communication of 8 July 2020 entitled ‘Powering a climate-neutral economy: An EU Strategy for Energy System Integration’ (COM(2020)0299),

| — | having regard to the Commission communication of 8 July 2020 entitled ‘A hydrogen strategy for a climate-neutral Europe’ (COM(2020)0301), |
| --- | --- |

—

having regard to the Commission communication of 8 July 2020 entitled ‘A hydrogen strategy for a climate-neutral Europe’ (COM(2020)0301),

| — | having regard to the Commission communication of 17 September 2020 entitled ‘Stepping up Europe’s 2030 climate ambition — Investing in a climate-neutral future for the benefit of our people’ (COM(2020)0562), |
| --- | --- |

—

having regard to the Commission communication of 17 September 2020 entitled ‘Stepping up Europe’s 2030 climate ambition — Investing in a climate-neutral future for the benefit of our people’ (COM(2020)0562),

| — | having regard to the Commission communication of 14 October 2020 entitled ‘Renovation Wave for Europe — greening our buildings, creating jobs, improving lives’ (COM(2020)0662), |
| --- | --- |

—

having regard to the Commission communication of 14 October 2020 entitled ‘Renovation Wave for Europe — greening our buildings, creating jobs, improving lives’ (COM(2020)0662),

| — | having regard to the Commission communication of 14 October 2020 entitled ‘An EU strategy to reduce methane emissions’ (COM(2020)0663), |
| --- | --- |

—

having regard to the Commission communication of 14 October 2020 entitled ‘An EU strategy to reduce methane emissions’ (COM(2020)0663),

| — | having regard to the Commission report of 14 October 2020 on the State of the Energy Union (COM(2020)0950), |
| --- | --- |

—

having regard to the Commission report of 14 October 2020 on the State of the Energy Union (COM(2020)0950),

| — | having regard to the Commission report of 14 October 2020 on progress of clean energy competitiveness (COM(2020)0953), |
| --- | --- |

—

having regard to the Commission report of 14 October 2020 on progress of clean energy competitiveness (COM(2020)0953),

| — | having regard to the Commission’s progress report of 14 October 2020 on energy efficiency (COM(2020)0954), |
| --- | --- |

—

having regard to the Commission’s progress report of 14 October 2020 on energy efficiency (COM(2020)0954),

| — | having regard to the Commission’s Renewable Energy Progress Report of 14 October 2020 (COM(2020)0952), |
| --- | --- |

—

having regard to the Commission’s Renewable Energy Progress Report of 14 October 2020 (COM(2020)0952),

| — | having regard to the Commission report of 14 October 2020 entitled ‘Energy prices and costs in Europe’ (COM(2020)0951), |
| --- | --- |

—

having regard to the Commission report of 14 October 2020 entitled ‘Energy prices and costs in Europe’ (COM(2020)0951),

| — | having regard to the Commission communication of 19 November 2020 entitled ‘An EU Strategy to harness the potential of offshore renewable energy for a climate neutral future’ (COM(2020)0741), |
| --- | --- |

—

having regard to the Commission communication of 19 November 2020 entitled ‘An EU Strategy to harness the potential of offshore renewable energy for a climate neutral future’ (COM(2020)0741),

| — | having regard to the Council conclusions of 25 June 2019 on the future of energy systems in the Energy Union to ensure the energy transition and the achievement of energy and climate objectives towards 2030 and beyond, |
| --- | --- |

—

having regard to the Council conclusions of 25 June 2019 on the future of energy systems in the Energy Union to ensure the energy transition and the achievement of energy and climate objectives towards 2030 and beyond,

| — | having regard to the Council conclusions of 11 December 2020 on a new EU climate target for 2030, |
| --- | --- |

—

having regard to the Council conclusions of 11 December 2020 on a new EU climate target for 2030,

| — | having regard to the European Council conclusions of 12 December 2019, |
| --- | --- |

—

having regard to the European Council conclusions of 12 December 2019,

| — | having regard to the Hydrogen Initiative launched by the Austrian Presidency of the Council in Linz on 17 and 18 September 2018, |
| --- | --- |

—

having regard to the Hydrogen Initiative launched by the Austrian Presidency of the Council in Linz on 17 and 18 September 2018,

| — | having regard to the Sustainable and Smart Gas Infrastructure for Europe Initiative launched by the Romanian Presidency of the Council in Bucharest on 1 and 2 April 2019, |
| --- | --- |

—

having regard to the Sustainable and Smart Gas Infrastructure for Europe Initiative launched by the Romanian Presidency of the Council in Bucharest on 1 and 2 April 2019,

| — | having regard to Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (1), |
| --- | --- |

—

having regard to Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (1),

| — | having regard to Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (2), |
| --- | --- |

—

having regard to Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (2),

| — | having regard to Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (3) (TEN-E Regulation), |
| --- | --- |

—

having regard to Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (3) (TEN-E Regulation),

| — | having regard to Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (4) (Connecting Europe Facility Regulation), which is currently being revised, |
| --- | --- |

—

having regard to Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (4) (Connecting Europe Facility Regulation), which is currently being revised,

| — | having regard to Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (5), |
| --- | --- |

—

having regard to Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (5),

| — | having regard to Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (6), |
| --- | --- |

—

having regard to Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (6),

| — | having regard to Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (7) (Renewable Energy Directive), |
| --- | --- |

—

having regard to Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (7) (Renewable Energy Directive),

| — | having regard to Directive (EU) 2018/2002 of the European Parliament and of the Council of 11 December 2018 amending Directive 2012/27/EU on energy efficiency (8) (Energy Efficiency Directive), |
| --- | --- |

—

having regard to Directive (EU) 2018/2002 of the European Parliament and of the Council of 11 December 2018 amending Directive 2012/27/EU on energy efficiency (8) (Energy Efficiency Directive),

| — | having regard to Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (9), |
| --- | --- |

—

having regard to Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (9),

| — | having regard to Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (10), |
| --- | --- |

—

having regard to Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (10),

| — | having regard to Council Regulation (EU) No 559/2014 of 6 May 2014 establishing the Fuel Cells and Hydrogen 2 Joint Undertaking (11), |
| --- | --- |

—

having regard to Council Regulation (EU) No 559/2014 of 6 May 2014 establishing the Fuel Cells and Hydrogen 2 Joint Undertaking (11),

| — | having regard to its resolution of 14 March 2019 on climate change — a European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy in accordance with the Paris Agreement (12), |
| --- | --- |

—

having regard to its resolution of 14 March 2019 on climate change — a European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy in accordance with the Paris Agreement (12),

| — | having regard to its resolution of 28 November 2019 on the climate and environment emergency (13), |
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—

having regard to its resolution of 28 November 2019 on the climate and environment emergency (13),

| — | having regard to its resolution of 28 November 2019 on the 2019 UN Climate Change Conference in Madrid, Spain (COP 25) (14), |
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—

having regard to its resolution of 28 November 2019 on the 2019 UN Climate Change Conference in Madrid, Spain (COP 25) (14),

| — | having regard to its resolution of 15 January 2020 on the European Green Deal (15), |
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—

having regard to its resolution of 15 January 2020 on the European Green Deal (15),

| — | having regard to its resolution of 2 July 2020 on a comprehensive European approach to energy storage (16), |
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—

having regard to its resolution of 2 July 2020 on a comprehensive European approach to energy storage (16),

| — | having regard to its resolution of 10 July 2020 on the revision of the guidelines for trans-European energy infrastructure (17), |
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—

having regard to its resolution of 10 July 2020 on the revision of the guidelines for trans-European energy infrastructure (17),

| — | having regard to Rule 54 of its Rules of Procedure, |
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—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Transport and Tourism, |
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—

having regard to the opinion of the Committee on Transport and Tourism,

| — | having regard to the report of the Committee on Industry, Research and Energy (A9-0062/2021), |
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—

having regard to the report of the Committee on Industry, Research and Energy (A9-0062/2021),

| A. | whereas Parliament, the Council and the Commission have endorsed the goal of a climate-neutral economy by 2050, in line with the Paris Agreement and on the basis of equity and best available science with the aim of limiting the global temperature increase to 1,5 oC above pre-industrial levels; |
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A.

whereas Parliament, the Council and the Commission have endorsed the goal of a climate-neutral economy by 2050, in line with the Paris Agreement and on the basis of equity and best available science with the aim of limiting the global temperature increase to 1,5 oC above pre-industrial levels;

| B. | whereas the Commission has proposed a common greenhouse gas (GHG) emission reduction objective of at least 55 % by 2030, while Parliament has endorsed the goal of reducing GHG gas emissions by 60 % by 2030; |
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B.

whereas the Commission has proposed a common greenhouse gas (GHG) emission reduction objective of at least 55 % by 2030, while Parliament has endorsed the goal of reducing GHG gas emissions by 60 % by 2030;

| C. | whereas the 2020 State of the Energy Union report has shown that the energy demand is decreasing overall in the EU but is increasing in certain sectors, such as transport and Information and Communication Technologies (ICT); |
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C.

whereas the 2020 State of the Energy Union report has shown that the energy demand is decreasing overall in the EU but is increasing in certain sectors, such as transport and Information and Communication Technologies (ICT);

| D. | whereas buildings are responsible for approximately 40 % of the EU’s total energy consumption, and for 36 % of GHG emissions from energy, and ICT account for 5 to 9 % of global electricity consumption; |
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D.

whereas buildings are responsible for approximately 40 % of the EU’s total energy consumption, and for 36 % of GHG emissions from energy, and ICT account for 5 to 9 % of global electricity consumption;

| E. | whereas 70 % of the primary energy used in the EU in 2017 came from fossil fuels (oil, natural gas and coal) (18); |
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E.

whereas 70 % of the primary energy used in the EU in 2017 came from fossil fuels (oil, natural gas and coal) (18);

| F. | whereas the International Energy Agency estimates that approximately one third of the global methane emissions come from the energy sector; |
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F.

whereas the International Energy Agency estimates that approximately one third of the global methane emissions come from the energy sector;

| G. | whereas achieving climate neutrality requires moving away from a system based largely on fossil fuels, and towards a highly energy-efficient climate-neutral and renewable-based system; |
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G.

whereas achieving climate neutrality requires moving away from a system based largely on fossil fuels, and towards a highly energy-efficient climate-neutral and renewable-based system;

| H. | whereas energy system integration means the coordinated planning and operation of the energy system as a whole, across multiple energy carriers and connected infrastructure, and all final consumers; |
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H.

whereas energy system integration means the coordinated planning and operation of the energy system as a whole, across multiple energy carriers and connected infrastructure, and all final consumers;

| I. | whereas the integration of energy systems can bring a response to many of the challenges stemming from energy transition, and particularly the challenge of decarbonisation, optimisation and balancing of the energy networks, therefore guaranteeing security of supply and fostering the EU’s strategic autonomy; |
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I.

whereas the integration of energy systems can bring a response to many of the challenges stemming from energy transition, and particularly the challenge of decarbonisation, optimisation and balancing of the energy networks, therefore guaranteeing security of supply and fostering the EU’s strategic autonomy;

| J. | whereas the twin green and digital transitions of the energy networks will require unprecedented public and private investments in infrastructure modernisation and new infrastructure deployment when necessary, as well as investments in buildings renovation, and research and development; |
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J.

whereas the twin green and digital transitions of the energy networks will require unprecedented public and private investments in infrastructure modernisation and new infrastructure deployment when necessary, as well as investments in buildings renovation, and research and development;

| K. | whereas energy system integration can accelerate the transition towards a climate-neutral economy while aiming at keeping the costs for European citizens, authorities and businesses within realistic limits, while strengthening energy security, protecting health and the environment, and promoting growth, innovation and global industrial leadership; whereas a cost-efficient energy sector integration must be implemented; |
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K.

whereas energy system integration can accelerate the transition towards a climate-neutral economy while aiming at keeping the costs for European citizens, authorities and businesses within realistic limits, while strengthening energy security, protecting health and the environment, and promoting growth, innovation and global industrial leadership; whereas a cost-efficient energy sector integration must be implemented;

| L. | whereas as per Regulation (EU) 2018/1999, the energy efficiency first principle should be implemented effectively in any energy supply and demand planning and in policy and investment decisions, which means that any decision should be systematically assessed against alternative cost-efficient, technically, economically and environmentally sound energy efficiency measures; |
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L.

whereas as per Regulation (EU) 2018/1999, the energy efficiency first principle should be implemented effectively in any energy supply and demand planning and in policy and investment decisions, which means that any decision should be systematically assessed against alternative cost-efficient, technically, economically and environmentally sound energy efficiency measures;

| M. | whereas the COVID-19 crisis has shown that it is crucial to be able to rely on a safe and flexible energy system; whereas additional electricity and heating costs have put more pressure on households; |
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M.

whereas the COVID-19 crisis has shown that it is crucial to be able to rely on a safe and flexible energy system; whereas additional electricity and heating costs have put more pressure on households;

1.

Supports the direction set out by the Commission in its communication on a strategy for energy system integration, namely a cascading priority for energy efficiency and savings, decarbonisation of end-uses through direct electrification, renewable-based and low-carbon fuels for applications that do not have another alternative; calls on the Commission and the Member States to ensure that a coherent long-term approach is implemented in a spirit of solidarity and cooperation and that a stable regulatory framework be designed for the industries concerned and society as a whole; underlines that the private sector, along with the public sector, will play a key role in the success and effective implementation of this strategy and support the building of an energy system that drives the EU towards climate neutrality by 2050 at the latest;

2.

Believes that such a strategy can help the Union set out a path towards achieving its climate goals while maintaining energy accessibility, affordability and security of supply through the development of a circular, highly energy efficient, integrated, interconnected, resilient, smart, multi-modal, fair and decarbonised system; highlights that this strategy, especially in the aftermath of the COVID-19 pandemic, should set out a vision that supports a climate-neutral economy, while strengthening energy security and competitiveness, boosting jobs and small and medium-sized enterprises (SMEs), protecting health and the environment and also promoting sustainable growth and innovation;

3.

Recalls the importance of taking into account the diversity of national energy systems and challenges; encourages the Commission to explore various decarbonisation pathways that can help each Member State to use the most efficient decarbonisation solutions according to their needs and resources;

Optimising and decarbonising energy systems

Optimising and decarbonising energy systems

| 4. | Reiterates its support for the energy efficiency first principle, meaning that energy savings and efficiency gains must be prioritised; recalls that circularity and direct electrification, where possible, present an important pathway towards decarbonisation; highlights the need to develop a resilient and climate-neutral energy system taking into account the principle of cost-efficiency; stresses the need for a portfolio of climate-friendly solutions that will enable the most energy-efficient and cost-effective technologies to thrive in the market and will help to reduce the carbon footprint and contribute to fostering energy independence in the Union; |
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4.

Reiterates its support for the energy efficiency first principle, meaning that energy savings and efficiency gains must be prioritised; recalls that circularity and direct electrification, where possible, present an important pathway towards decarbonisation; highlights the need to develop a resilient and climate-neutral energy system taking into account the principle of cost-efficiency; stresses the need for a portfolio of climate-friendly solutions that will enable the most energy-efficient and cost-effective technologies to thrive in the market and will help to reduce the carbon footprint and contribute to fostering energy independence in the Union;

| 5. | Underlines the numerous benefits of increasing energy efficiency efforts such as reduced dependency on energy imports, lower consumption bills, increased industrial competitiveness, and overall climate and environment benefits; |
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5.

Underlines the numerous benefits of increasing energy efficiency efforts such as reduced dependency on energy imports, lower consumption bills, increased industrial competitiveness, and overall climate and environment benefits;

| 6. | Calls on the Commission to assess the possibility of applying the energy efficiency first principle in the upcoming revisions of Union legislation and methodologies and in new initiatives, notably for scenario and infrastructure planning and cost-benefit analysis, and through recommendations to Member States on their national legislation; |
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6.

Calls on the Commission to assess the possibility of applying the energy efficiency first principle in the upcoming revisions of Union legislation and methodologies and in new initiatives, notably for scenario and infrastructure planning and cost-benefit analysis, and through recommendations to Member States on their national legislation;

| 7. | Notes the high energy consumption in the water sector; calls on the Commission to consider energy-efficient measures for the EU water sector and the possibility of using treated waste water as an on-site source of renewable energy in energy system integration; |
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7.

Notes the high energy consumption in the water sector; calls on the Commission to consider energy-efficient measures for the EU water sector and the possibility of using treated waste water as an on-site source of renewable energy in energy system integration;

| 8. | Notes the insufficient progress made by Member States, and by the Union as a whole, on energy efficiency and renovation of buildings, as presented in the 2020 Energy Efficiency Progress Report; urges the Commission to revise the targets set out in the Energy Efficiency Directive, making them more aligned with the climate targets after a thorough impact assessment, while taking into account its recommendations as part of the Energy Union governance process and the Climate Target Plan; calls on the Commission to review the existing measures and adopt more targeted policies, especially in those sectors, such as transport, where progress has been insufficient; welcomes, in this regard, the renovation wave strategy and the upcoming revision of Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018 amending Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency (19); recalls the importance of assessing the impacts of revised targets on businesses, notably SMEs; |
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8.

Notes the insufficient progress made by Member States, and by the Union as a whole, on energy efficiency and renovation of buildings, as presented in the 2020 Energy Efficiency Progress Report; urges the Commission to revise the targets set out in the Energy Efficiency Directive, making them more aligned with the climate targets after a thorough impact assessment, while taking into account its recommendations as part of the Energy Union governance process and the Climate Target Plan; calls on the Commission to review the existing measures and adopt more targeted policies, especially in those sectors, such as transport, where progress has been insufficient; welcomes, in this regard, the renovation wave strategy and the upcoming revision of Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018 amending Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency (19

| 9. | Calls on the Commission to extend the principle of energy efficiency to the entire value chain and to all end-uses, as a cost-efficient way to reduce emissions; calls on the Commission to propose concrete initiatives to reduce energy losses along the transmission and distribution networks, through the revision of the TEN-E Regulation and Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017 concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 (20); |
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9.

Calls on the Commission to extend the principle of energy efficiency to the entire value chain and to all end-uses, as a cost-efficient way to reduce emissions; calls on the Commission to propose concrete initiatives to reduce energy losses along the transmission and distribution networks, through the revision of the TEN-E Regulation and Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017 concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 (20

| 10. | Welcomes the new EU Methane Strategy; recalls that it is essential to rapidly deploy methane emissions monitoring systems that rely on satellite observation technologies such as the ones developed through the Copernicus programme; calls on the Commission to propose measures to further reduce methane emissions in the energy sector; welcomes the Commission’s proposal to make measuring, reporting and verification, and leak detection and repair, mandatory; |
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10.

Welcomes the new EU Methane Strategy; recalls that it is essential to rapidly deploy methane emissions monitoring systems that rely on satellite observation technologies such as the ones developed through the Copernicus programme; calls on the Commission to propose measures to further reduce methane emissions in the energy sector; welcomes the Commission’s proposal to make measuring, reporting and verification, and leak detection and repair, mandatory;

| 11. | Underlines the potential of the reuse of waste, particularly energy and waste heat from industrial processes, biowaste, buildings and data centres; emphasises the sustainable production of energy stemming from agriculture, food consumption and forestry; calls on the Commission and the Member States to develop effective incentives and business models to recover industrial waste heat and unavoidable waste heat into heat networks or storage, when further revising the Waste Framework Directive (21); |
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11.

Underlines the potential of the reuse of waste, particularly energy and waste heat from industrial processes, biowaste, buildings and data centres; emphasises the sustainable production of energy stemming from agriculture, food consumption and forestry; calls on the Commission and the Member States to develop effective incentives and business models to recover industrial waste heat and unavoidable waste heat into heat networks or storage, when further revising the Waste Framework Directive (21

| 12. | Draws attention to the challenge of decarbonising heating and cooling; calls for the further implementation of the heating and cooling strategy, including when revising the Renewable Energy Directive, the Energy Efficiency Directive, as well as the creation of an enabling framework when revising the environmental and energy State aid guidelines (22); highlights the potential of 4th and 5th generation high-efficiency low-temperature district heating networks; notes that they can play a significant role in cost-efficient heat decarbonisation in urban and industrial areas; welcomes the fact that district heating and cooling networks will be eligible for funding under the revised Connecting Europe Facility Regulation, and calls for their inclusion as potential projects of common interest under the TEN-E Regulation; calls, moreover, on the Commission to take heat infrastructure and thermal storage into account when developing the 10-year network development plans for both the European Network of Transmission System Operators for Electricity (ENTSO-E) and the European Network of Transmission System Operators for Gas (ENTSO-G); notes with concern the low replacement rate of old and inefficient heating systems; welcomes the ongoing revision of the secondary legislation on energy labelling and ecodesign of space and water heaters and coolers; stresses the potential of digital tools for smart energy management while ensuring cybersecurity and data protection; |
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12.

Draws attention to the challenge of decarbonising heating and cooling; calls for the further implementation of the heating and cooling strategy, including when revising the Renewable Energy Directive, the Energy Efficiency Directive, as well as the creation of an enabling framework when revising the environmental and energy State aid guidelines (22

| 13. | Recalls that the energy transition will require between EUR 520 and EUR 575 billion in annual infrastructure investment and the commensurate and effective deployment of renewable energy; calls on the Commission to develop an inclusive, integrated and realistic scenario planning, which further considers energy efficiency and energy system integration, in line with the Sustainable Europe Investment Plan; notes the need to observe the sustainable investment criteria set out in Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment (23) and financial tools which are fully in line with the climate and energy targets for 2030 and climate neutrality by 2050 at the latest in order to make sure that it does not lead to stranded assets; underlines that various European programmes and financing instruments have a key role in fostering the energy transition; stresses the need to ensure that the use of energy sources such as natural gas is only of transitional nature, given the objective of achieving climate neutrality; emphasises that system integration should make maximum use of existing energy infrastructure that can help deliver a cost-effective transition throughout many sector
  s
  ; |
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13.

Recalls that the energy transition will require between EUR 520 and EUR 575 billion in annual infrastructure investment and the commensurate and effective deployment of renewable energy; calls on the Commission to develop an inclusive, integrated and realistic scenario planning, which further considers energy efficiency and energy system integration, in line with the Sustainable Europe Investment Plan; notes the need to observe the sustainable investment criteria set out in Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment (23

s

| 14. | Highlights the importance of assessing ex-ante and anticipating the need for energy efficiency measures, system integration or new energy production, interconnectivity, transmission, distribution, storage and conversion infrastructure in order to optimise the use of existing energy infrastructure in a climate-neutral economy while ensuring its economic, environmental and social viability and its cost-efficiency while avoiding both lock-in effects and stranded assets; underlines the importance of observing the principle of technology neutrality among those technologies necessary to achieve climate neutrality, as some of the technologies that will be needed in the foreseeable future still require investments in research and development; demands that each infrastructure project should include an alternative scenario that is based on demand reduction and/or sector integration before being constructed; |
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14.

Highlights the importance of assessing ex-ante

| 15. | Welcomes the publication of the new EU Strategy on Offshore Renewable Energy; stresses that the rapid development of offshore energy islands is crucial in order to achieve our renewable energy capacity objective by 2030; believes that this strategy is an opportunity to ramp up renewable power generation, to increase the direct use of electricity and to support indirect electrification, for example, through hydrogen and synthetic fuels; calls, therefore, for a comprehensive revision of the EU legislation on energy infrastructure and a targeted revision of the relevant State aid guidelines to promote the deployment of all renewable energy sources; points to the potential for citizens, industries and the public sector to further harness solar energy at distribution level; calls on the Member States to simplify permission procedures and to remove administrative barriers for renewable production; |
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15.

Welcomes the publication of the new EU Strategy on Offshore Renewable Energy; stresses that the rapid development of offshore energy islands is crucial in order to achieve our renewable energy capacity objective by 2030; believes that this strategy is an opportunity to ramp up renewable power generation, to increase the direct use of electricity and to support indirect electrification, for example, through hydrogen and synthetic fuels; calls, therefore, for a comprehensive revision of the EU legislation on energy infrastructure and a targeted revision of the relevant State aid guidelines to promote the deployment of all renewable energy sources; points to the potential for citizens, industries and the public sector to further harness solar energy at distribution level; calls on the Member States to simplify permission procedures and to remove administrative barriers for renewable production;

| 16. | Calls on the Commission to use the revision of the TEN-E Regulation as an opportunity to make it fully consistent with the goal of climate neutrality; underlines that the principles of emissions reductions, digitalisation and energy system integration should be enshrined in the regulation’s objectives and the 10-year network development planning, as well as a longer planning timeframe aligned to the climate neutrality target in order to, inter alia, avoid stranded costs; stresses that investments to digitalise existing infrastructure can significantly improve its management through the use of digital twins, algorithms or artificial intelligence; supports the widening of the scope of the regulation to energy infrastructure such as storage and hydrogen; calls for an integrated, coordinated network plan that includes all energy carriers and infrastructure progressively; stresses that the energy system infrastructure should be integrated with the digital and transport systems; |
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16.

Calls on the Commission to use the revision of the TEN-E Regulation as an opportunity to make it fully consistent with the goal of climate neutrality; underlines that the principles of emissions reductions, digitalisation and energy system integration should be enshrined in the regulation’s objectives and the 10-year network development planning, as well as a longer planning timeframe aligned to the climate neutrality target in order to, inter alia, avoid stranded costs; stresses that investments to digitalise existing infrastructure can significantly improve its management through the use of digital twins, algorithms or artificial intelligence; supports the widening of the scope of the regulation to energy infrastructure such as storage and hydrogen; calls for an integrated, coordinated network plan that includes all energy carriers and infrastructure progressively; stresses that the energy system infrastructure should be integrated with the digital and transport systems;

| 17. | Encourages the Commission to propose more ambitious measures and targets in the revision of the Renewable Energy Directive on the promotion of renewable energy in order to increase the share of renewable energy across sectors on the basis of a thorough impact assessment; stresses the need to accelerate the transition towards an energy system based on renewable energy sources and faster electrification of end-use sectors, where possible, bearing in mind costs and energy efficiency; |
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17.

Encourages the Commission to propose more ambitious measures and targets in the revision of the Renewable Energy Directive on the promotion of renewable energy in order to increase the share of renewable energy across sectors on the basis of a thorough impact assessment; stresses the need to accelerate the transition towards an energy system based on renewable energy sources and faster electrification of end-use sectors, where possible, bearing in mind costs and energy efficiency;

| 18. | Welcomes the adoption of the Renovation Wave for Europe strategy that will speed up the uptake of energy and resource efficiency measures and higher penetration of renewables in buildings throughout the EU; calls on the Commission and the Member States to take into account the synergies between the energy sector and the building sector in order to achieve climate neutrality; emphasises that renovating existing building stock will be complementary to the decarbonisation of the energy production; |
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18.

Welcomes the adoption of the Renovation Wave for Europe strategy that will speed up the uptake of energy and resource efficiency measures and higher penetration of renewables in buildings throughout the EU; calls on the Commission and the Member States to take into account the synergies between the energy sector and the building sector in order to achieve climate neutrality; emphasises that renovating existing building stock will be complementary to the decarbonisation of the energy production;

| 19. | Recognises the progress achieved so far in integrating the EU’s energy markets with those of the Energy Community Contracting Parties; highlights the importance of promoting cooperation on renewable energy; stresses the need to strengthen cross-border cooperation mechanisms in the upcoming revision of the Renewable Energy Directive on the promotion of renewable energy; |
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19.

Recognises the progress achieved so far in integrating the EU’s energy markets with those of the Energy Community Contracting Parties; highlights the importance of promoting cooperation on renewable energy; stresses the need to strengthen cross-border cooperation mechanisms in the upcoming revision of the Renewable Energy Directive on the promotion of renewable energy;

| 20. | Welcomes the adoption of the European Hydrogen Strategy; stresses that priority should be given to building a renewable hydrogen supply chain in Europe to foster first-mover advantages, industrial competitiveness and the security of energy supply; is convinced that renewable and low-carbon hydrogen can help reduce persistent emissions, such as those from industrial processes and heavy transport, where direct electrification might be limited due to low cost-efficiency or technical, social and environmental reasons; recalls the need to accelerate the decarbonisation of existing hydrogen production; supports the launch of important projects of common European interest on hydrogen; calls on the Commission to develop a comprehensive classification and certification framework of gaseous carriers on the basis of the full life cycle GHG emissions savings and sustainability criteria, in line with the approach set out in the Renewable Energy Directive on the promotion of renewable energy; stresses that such a classification is of utmost importance for market players, authorities and consumers; underlines the need to develop a robust framework and appropriate baseline to ensure that sufficient additional renewable energy generation capacity is deployed in proportion to the need for renewable hydrogen; calls on the Commission to consider this diversity of needs in its forthcoming legislative proposals; calls on the Commission to guarantee a fair and efficient competition between hydrogen that is imported from international partners and hydrogen that is produced in the EU; |
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20.

Welcomes the adoption of the European Hydrogen Strategy; stresses that priority should be given to building a renewable hydrogen supply chain in Europe to foster first-mover advantages, industrial competitiveness and the security of energy supply; is convinced that renewable and low-carbon hydrogen can help reduce persistent emissions, such as those from industrial processes and heavy transport, where direct electrification might be limited due to low cost-efficiency or technical, social and environmental reasons; recalls the need to accelerate the decarbonisation of existing hydrogen production; supports the launch of important projects of common European interest on hydrogen; calls on the Commission to develop a comprehensive classification and certification framework of gaseous carriers on the basis of the full life cycle GHG emissions savings and sustainability criteria, in line with the approach set out in the Renewable Energy Directive on the promotion of renewable energy; stresses that such a classification is of utmost importance for market players, authorities and consumers; underlines the need to develop a robust framework and appropriate baseline to ensure that sufficient additional renewable energy generation capacity is deployed in proportion to the need for renewable hydrogen; calls on the Commission to consider this diversity of needs in its forthcoming legislative proposals; calls on the Commission to guarantee a fair and efficient competition between hydrogen that is imported from international partners and hydrogen that is produced in the EU;

| 21. | Underlines the role that environmentally safe carbon capture storage and utilisation (CCS/U) could play in reaching the European Green Deal objectives; supports an integrated policy context to stimulate the uptake of environmentally safe CCS/U applications that deliver a net reduction in greenhouse gas emissions to make heavy industry climate neutral where no direct emission reduction options are available; notes the Commission’s proposal to convene an annual European CCUS Forum as part of the Clean Energy Industrial Forum to further study options to foster such projects; recalls the need to prioritise direct emission reductions and actions maintaining and enhancing the EU’s natural sinks and reservoirs, for instance through sustainable forest management; |
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21.

Underlines the role that environmentally safe carbon capture storage and utilisation (CCS/U) could play in reaching the European Green Deal objectives; supports an integrated policy context to stimulate the uptake of environmentally safe CCS/U applications that deliver a net reduction in greenhouse gas emissions to make heavy industry climate neutral where no direct emission reduction options are available; notes the Commission’s proposal to convene an annual European CCUS Forum as part of the Clean Energy Industrial Forum to further study options to foster such projects; recalls the need to prioritise direct emission reductions and actions maintaining and enhancing the EU’s natural sinks and reservoirs, for instance through sustainable forest management;

| 22. | Highlights that transport can be a significant facilitator of renewable energy deployment; calls on the Commission and Member States to propose a favourable policy framework and ambitious targets based on the principle of technology neutrality among those technologies necessary to achieve climate neutrality, for a just, affordable and balanced transition towards the decarbonisation of all passenger and freight transport modes, including public fleets and networks, road, maritime, inland waterborne, rail and air transport primarily through electrification, and where this is not possible, sustainably-produced fuels; welcomes the Commission’s announcement of the deployment of one million charging points for electric vehicles in the revision of Directive 2014/94/EU; calls on the Commission to incentivise car manufacturers to enable vehicle-to-grid charging; stresses the need to adapt the electrification networks and infrastructure for alternative fuels for Europe’s vehicle fleet as well as to support other readily deployable solutions, notably in transport hubs; underlines the potential for internal cooperation on the decarbonisation of transport across borders; highlights in this respect the critical role of the Transport Community and the Commission in order to create synergies with neighbouring countries and accelerate the transfer of EU standards on transport emissions; stresses the importance of public transport in reducing energy demand and the need to develop and expand decarbonised public transport in both urban and rural areas; |
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22.

Highlights that transport can be a significant facilitator of renewable energy deployment; calls on the Commission and Member States to propose a favourable policy framework and ambitious targets based on the principle of technology neutrality among those technologies necessary to achieve climate neutrality, for a just, affordable and balanced transition towards the decarbonisation of all passenger and freight transport modes, including public fleets and networks, road, maritime, inland waterborne, rail and air transport primarily through electrification, and where this is not possible, sustainably-produced fuels; welcomes the Commission’s announcement of the deployment of one million charging points for electric vehicles in the revision of Directive 2014/94/EU; calls on the Commission to incentivise car manufacturers to enable vehicle-to-grid charging; stresses the need to adapt the electrification networks and infrastructure for alternative fuels for Europe’s vehicle fleet as well as to support other readily deployable solutions, notably in transport hubs; underlines the potential for internal cooperation on the decarbonisation of transport across borders; highlights in this respect the critical role of the Transport Community and the Commission in order to create synergies with neighbouring countries and accelerate the transfer of EU standards on transport emissions; stresses the importance of public transport in reducing energy demand and the need to develop and expand decarbonised public transport in both urban and rural areas;

| 23. | Stresses that there are sectors that are increasing their energy consumption, such as the transport sector, the tourism sector and the ICT sector; supports the Commission in looking into the synergies between district heating and cooling networks and sources of unavoidable waste heat; welcomes the commitment included in the EU Digital Strategy to make data centres climate-neutral by 2030; calls on the Commission to propose an action plan for the participation of the tourism sector in the process of energy system integration, looking inter alia at the promotion of rail tourism, soft and e-mobility and the creation of circular-energy communities in sustainable tourism; |
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23.

Stresses that there are sectors that are increasing their energy consumption, such as the transport sector, the tourism sector and the ICT sector; supports the Commission in looking into the synergies between district heating and cooling networks and sources of unavoidable waste heat; welcomes the commitment included in the EU Digital Strategy to make data centres climate-neutral by 2030; calls on the Commission to propose an action plan for the participation of the tourism sector in the process of energy system integration, looking inter alia at the promotion of rail tourism, soft and e-mobility and the creation of circular-energy communities in sustainable tourism;

Balancing energy systems

Balancing energy systems

| 24. | Notes that maintaining the balance of electricity grids and managing demand and production peaks will be more complex with an increasingly decentralised and renewable generation mix and in this respect underlines the role of demand-side response, storage and smart energy management; highlights that moving towards decentralised energy production has many benefits: it can foster the use of local energy sources, leading to increased local security of energy supply, community development and cohesion by providing new sources of income and creating new jobs; recalls that Member States remain free to determine their energy mix, the diversity of which is fundamental to ensuring security of supply; |
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24.

Notes that maintaining the balance of electricity grids and managing demand and production peaks will be more complex with an increasingly decentralised and renewable generation mix and in this respect underlines the role of demand-side response, storage and smart energy management; highlights that moving towards decentralised energy production has many benefits: it can foster the use of local energy sources, leading to increased local security of energy supply, community development and cohesion by providing new sources of income and creating new jobs; recalls that Member States remain free to determine their energy mix, the diversity of which is fundamental to ensuring security of supply;

| 25. | Stresses that interconnections are more important than ever to ensure the transport of renewable energy to the areas where demand will be the highest and balance the energy system as a whole; stresses the need to maximise electricity trade and to implement the obligation to use a minimum of 70 % of the existing interconnection capacity set out by Article 16(8) of Regulation (EU) 2019/943; underlines that the Commission and Member States concerned should put in place effective measures which will address the lack of offshore connectors in view of the rising role of offshore energy in an integrated energy system; |
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25.

Stresses that interconnections are more important than ever to ensure the transport of renewable energy to the areas where demand will be the highest and balance the energy system as a whole; stresses the need to maximise electricity trade and to implement the obligation to use a minimum of 70 % of the existing interconnection capacity set out by Article 16(8) of Regulation (EU) 2019/943; underlines that the Commission and Member States concerned should put in place effective measures which will address the lack of offshore connectors in view of the rising role of offshore energy in an integrated energy system;

| 26. | Regrets that a number of Member States have not yet reached their 10 % electric interconnection target by 2020; welcomes the Commission’s proposal to raise the 2030 electricity interconnection target to 15 %, provided that it better supports national investments through the list of projects of common interest; encourages the Commission to relaunch the work of the expert group on interconnection targets; |
| --- | --- |

26.

Regrets that a number of Member States have not yet reached their 10 % electric interconnection target by 2020; welcomes the Commission’s proposal to raise the 2030 electricity interconnection target to 15 %, provided that it better supports national investments through the list of projects of common interest; encourages the Commission to relaunch the work of the expert group on interconnection targets;

| 27. | Notes that power grid infrastructure should be further enhanced through digitalisation and automation to provide flexibility to the system and take advantage of synergies with other energy vectors; welcomes the Commission’s announcement of a ‘Digitalisation of Energy Action Plan’ to develop a competitive market for digital energy services that ensures data privacy, sovereignty and supports investment in digital energy infrastructure; emphasises that smart grids will allow for the growing penetration of decentralised and flexible renewable energy, as well as a highly interconnected electricity system; |
| --- | --- |

27.

Notes that power grid infrastructure should be further enhanced through digitalisation and automation to provide flexibility to the system and take advantage of synergies with other energy vectors; welcomes the Commission’s announcement of a ‘Digitalisation of Energy Action Plan’ to develop a competitive market for digital energy services that ensures data privacy, sovereignty and supports investment in digital energy infrastructure; emphasises that smart grids will allow for the growing penetration of decentralised and flexible renewable energy, as well as a highly interconnected electricity system;

| 28. | Reiterates that the European energy storage capacity is an essential source of flexibility and security of supply; highlights the need to reduce regulatory barriers to the installation of storage equipment; calls on the Commission to assess how to reduce the costs of taxes and levies on energy transformation and energy storage, and to eliminate the potential double taxation on storage projects in its forthcoming revision of Directive 2003/96/EC; recalls the importance to ensure full interoperability of different transport and storage systems, including those with cross-border relevance and connected to third countries; urges the Commission to revise that directive while avoiding undue market distortions at the expense of other energy sources and adverse effects on consumers; |
| --- | --- |

28.

Reiterates that the European energy storage capacity is an essential source of flexibility and security of supply; highlights the need to reduce regulatory barriers to the installation of storage equipment; calls on the Commission to assess how to reduce the costs of taxes and levies on energy transformation and energy storage, and to eliminate the potential double taxation on storage projects in its forthcoming revision of Directive 2003/96/EC; recalls the importance to ensure full interoperability of different transport and storage systems, including those with cross-border relevance and connected to third countries; urges the Commission to revise that directive while avoiding undue market distortions at the expense of other energy sources and adverse effects on consumers;

| 29. | Calls on the Member States to improve access to capital for all energy storage projects, with an emphasis on the modernisation of existing infrastructure; calls on the Commission to further take into consideration the need for deployment of storage infrastructure in the next list of projects of common interest and in the revision of the guidelines on State aid for environmental protection and energy; |
| --- | --- |

29.

Calls on the Member States to improve access to capital for all energy storage projects, with an emphasis on the modernisation of existing infrastructure; calls on the Commission to further take into consideration the need for deployment of storage infrastructure in the next list of projects of common interest and in the revision of the guidelines on State aid for environmental protection and energy;

| 30. | Notes with concern the large dependence of the EU on imports of lithium-ion batteries; welcomes therefore the approach identified in the Strategic Action Plan for Batteries (24), notably the diversification of sources of raw materials, the development of alternatives to rare earths, the full use of the EU trade policy to ensure sustainable and secure supply and the development of incentives for circularity, as well as the establishment of the European Battery Alliance; |
| --- | --- |

30.

Notes with concern the large dependence of the EU on imports of lithium-ion batteries; welcomes therefore the approach identified in the Strategic Action Plan for Batteries (24

| 31. | Recalls the complementary role that Power-to-X technologies can play in balancing grids to overcome infrastructure bottlenecks, transporting energy and providing flexibility and seasonal storage of heat and electricity as they are easy to integrate in existing infrastructure; is convinced that these technologies will help integrate the increasing share of renewable electricity production; notes the need to develop hydrogen storage capacities; |
| --- | --- |

31.

Recalls the complementary role that Power-to-X technologies can play in balancing grids to overcome infrastructure bottlenecks, transporting energy and providing flexibility and seasonal storage of heat and electricity as they are easy to integrate in existing infrastructure; is convinced that these technologies will help integrate the increasing share of renewable electricity production; notes the need to develop hydrogen storage capacities;

| 32. | Recalls the importance of interconnectors and cooperation between network operators; welcomes the establishment of regional coordination centres under Regulation (EU) 2019/943; believes that an integrated and cross-sectoral approach should be applied by TSOs for the future planning of the networks, as well as consistency with climate and energy targets and the National Energy and Climate Plans; |
| --- | --- |

32.

Recalls the importance of interconnectors and cooperation between network operators; welcomes the establishment of regional coordination centres under Regulation (EU) 2019/943; believes that an integrated and cross-sectoral approach should be applied by TSOs for the future planning of the networks, as well as consistency with climate and energy targets and the National Energy and Climate Plans;

| 33. | Highlights the advantages of a ‘multi-directional’ system in which consumers play an active role in energy supply; recalls that the Member States must ensure that all citizens have the right to produce, consume and store their own energy individually or as a community and in this respect underlines the role of flexibility options in the shift from a supply-driven to a demand-driven energy system, enabling active consumers for demand-response via digital solutions fully in line with the General Data Protection Regulation (25); calls on the Commission and the Members States to explore ways of further incentivising the development of a European market for demand-side flexibility through, inter alia, common standards for end-use flexibility, an assessment of the potential benefits and impacts on energy system costs; welcomes flexible integrated energy systems that aim to optimise the district heating/cooling sector as well as the use of efficient and flexible high efficiency cogeneration contributing to the balancing of the electricity grid, cost-effective use of renewable energy sources and waste heat integration at local/regional level; calls for the swift implementation of Directive (EU) 2019/944 and its provisions on demand-side response; |
| --- | --- |

33.

Highlights the advantages of a ‘multi-directional’ system in which consumers play an active role in energy supply; recalls that the Member States must ensure that all citizens have the right to produce, consume and store their own energy individually or as a community and in this respect underlines the role of flexibility options in the shift from a supply-driven to a demand-driven energy system, enabling active consumers for demand-response via digital solutions fully in line with the General Data Protection Regulation (25

| 34. | Stresses the role that electric mobility can play as a form of smart integration of the power and transport sectors by unlocking flexibility capacities; stresses that the electrification of the transport sector has the potential to increase the Union’s energy strategic autonomy by reducing the need for imported fossil fuels; underlines the storage and flexibility potential of the deployment of ‘vehicle-to-grid’ technologies and notes that it will require the interoperability of energy systems and electric vehicles; |
| --- | --- |

34.

Stresses the role that electric mobility can play as a form of smart integration of the power and transport sectors by unlocking flexibility capacities; stresses that the electrification of the transport sector has the potential to increase the Union’s energy strategic autonomy by reducing the need for imported fossil fuels; underlines the storage and flexibility potential of the deployment of ‘vehicle-to-grid’ technologies and notes that it will require the interoperability of energy systems and electric vehicles;

| 35. | Recalls the importance of addressing cybersecurity risks in the energy sector to ensure the resilience of the energy systems; underlines that the increasing number of connected products, such as heating appliances, electric vehicles and smart meters, may increase the risk of cybersecurity attacks to the electricity system; urges the Commission to swiftly address cybersecurity risks by setting a high level of cybersecurity protections for connected products in the context of the electricity network code on cybersecurity; |
| --- | --- |

35.

Recalls the importance of addressing cybersecurity risks in the energy sector to ensure the resilience of the energy systems; underlines that the increasing number of connected products, such as heating appliances, electric vehicles and smart meters, may increase the risk of cybersecurity attacks to the electricity system; urges the Commission to swiftly address cybersecurity risks by setting a high level of cybersecurity protections for connected products in the context of the electricity network code on cybersecurity;

| 36. | Stresses that a more renewable, decentralised and better integrated energy system requires better forecasting of energy demand and more real-time matching of the supply and storage from different energy carriers; highlights, in this regard, the crucial role of digitalisation for the processing of statistical and meteorological data; calls on the Commission and the Member States to develop an internal market for digital energy technologies while protecting consumers’ privacy and personal data; encourages Member States to adopt the Smart Readiness Indicator developed as part of Directive 2010/31/EU on the energy performance of buildings (26) in order to tap into the potential for demand-side flexibility at building level; stresses that this will require more common standards for data exchange; welcomes the intention of the Commission to adopt an action plan for the digitalisation of energy to foster the EU technological leadership and enable a more integrated energy system with intelligent solutions in specific sectors (such as smart grids, more efficient and safe transport and energy savings in buildings), with improved funding for the 2021-2027 period; |
| --- | --- |

36.

Stresses that a more renewable, decentralised and better integrated energy system requires better forecasting of energy demand and more real-time matching of the supply and storage from different energy carriers; highlights, in this regard, the crucial role of digitalisation for the processing of statistical and meteorological data; calls on the Commission and the Member States to develop an internal market for digital energy technologies while protecting consumers’ privacy and personal data; encourages Member States to adopt the Smart Readiness Indicator developed as part of Directive 2010/31/EU on the energy performance of buildings (26

| 37. | Reiterates the crucial role of the Agency for Cooperation of Energy Regulators in the energy system integration and the implementation of the EU energy legislation; calls on the Commission and the Member States to make sure that the agency is provided with sufficient means to carry out its missions; |
| --- | --- |

37.

Reiterates the crucial role of the Agency for Cooperation of Energy Regulators in the energy system integration and the implementation of the EU energy legislation; calls on the Commission and the Member States to make sure that the agency is provided with sufficient means to carry out its missions;

Ensuring energy accessibility and affordability for all citizens and businesses

Ensuring energy accessibility and affordability for all citizens and businesses

| 38. | Recalls that the primary objective of Union action in the field of energy is to ensure the proper functioning of the market with regard to the need to preserve and improve the environment; calls on the Commission to take the necessary measures to safeguard the well-functioning of energy markets, to ensure the full implementation of the acquis for the internal energy market, including the Clean Energy Package, to align consumer rights in the gas and district heating sectors with those of electricity consumers, and help them contribute to the decarbonisation of the economy; stresses the importance of guiding customers towards the most energy-efficient and cost-effective decarbonisation option, on the basis of prices that properly reflect all the costs of the energy carrier used; welcomes the initiative to revise Directive 2003/96/EC and transform it into an instrument aligning taxation policies to the energy and climate targets for 2030 and 2050; calls on the Commission and the Member States to integrate the climate objectives in this directive; stresses the need to revise its scope and differentiate fossil gases, low-carbon gases and renewable gases to incentivise the development of sustainable alternatives; calls on the Member States to remove undue taxes and levies to ensure taxation is harmonised, to promote clean innovative technologies, and to ensure competitive energy costs in Europe; calls on the Member States to work on phasing out direct and indirect fossil fuel subsidies; |
| --- | --- |

38.

Recalls that the primary objective of Union action in the field of energy is to ensure the proper functioning of the market with regard to the need to preserve and improve the environment; calls on the Commission to take the necessary measures to safeguard the well-functioning of energy markets, to ensure the full implementation of the acquis

| 39. | Concurs with the Commission’s analysis on the need to further work towards the phase out of fossil fuel subsidies, the need to provide more consistent price signals across energy sectors and the Member States, the lack of consistency on high non-energy related charges and levies borne by electricity customers and the fact that external costs are not internalised; urges the Commission and Member States to remedy the known problems through effective regulatory measures; |
| --- | --- |

39.

Concurs with the Commission’s analysis on the need to further work towards the phase out of fossil fuel subsidies, the need to provide more consistent price signals across energy sectors and the Member States, the lack of consistency on high non-energy related charges and levies borne by electricity customers and the fact that external costs are not internalised; urges the Commission and Member States to remedy the known problems through effective regulatory measures;

| 40. | Is convinced of the need to encourage energy consumers to be more active; welcomes the entry into force of the new provisions set out in Directive (EU) 2019/944, which enable active consumers to fully participate to the market and reap the benefits of their activities; calls on the Commission to assess the remaining barriers to facilitate the development of renewable self-consumption and renewable energy communities in particular those in low-income or vulnerable households and for industrial consumers; calls for transparent information on the climate impact of energy choices as part of the planned consumer information campaign; |
| --- | --- |

40.

Is convinced of the need to encourage energy consumers to be more active; welcomes the entry into force of the new provisions set out in Directive (EU) 2019/944, which enable active consumers to fully participate to the market and reap the benefits of their activities; calls on the Commission to assess the remaining barriers to facilitate the development of renewable self-consumption and renewable energy communities in particular those in low-income or vulnerable households and for industrial consumers; calls for transparent information on the climate impact of energy choices as part of the planned consumer information campaign;

| 41. | Highlights the consumer empowerment potential in the integrated renewable energy systems to generate, consume, store, and sell energy; considers that it also provides opportunities for renewable energy communities for advancing energy efficiency at household level and helping fight energy poverty; |
| --- | --- |

41.

Highlights the consumer empowerment potential in the integrated renewable energy systems to generate, consume, store, and sell energy; considers that it also provides opportunities for renewable energy communities for advancing energy efficiency at household level and helping fight energy poverty;

| 42. | Reiterates the potential of energy communities and micro grids to develop access to more sustainable energy, especially for remote areas, islands and the outermost regions; stresses the need to ensure the integration of these areas with the trans-European Networks for Energy, and to develop projects to make islands or groups of islands energy self-sufficient from renewable sources such as demonstrated with the Horizon 2020 Tilos project; |
| --- | --- |

42.

Reiterates the potential of energy communities and micro grids to develop access to more sustainable energy, especially for remote areas, islands and the outermost regions; stresses the need to ensure the integration of these areas with the trans-European Networks for Energy, and to develop projects to make islands or groups of islands energy self-sufficient from renewable sources such as demonstrated with the Horizon 2020 Tilos project;

| 43. | Calls on the Commission to propose rules allowing citizens’ energy communities to further participate in energy system integration, for example through the connection to heat networks, electric-mobility charging, storage or demand-response devices alongside renewable-energy production; |
| --- | --- |

43.

Calls on the Commission to propose rules allowing citizens’ energy communities to further participate in energy system integration, for example through the connection to heat networks, electric-mobility charging, storage or demand-response devices alongside renewable-energy production;

Ensuring European leadership on sustainable and renewable energy technologies

Ensuring European leadership on sustainable and renewable energy technologies

| 44. | Recalls that one of the objectives of the Energy Union is to reduce our import dependency and to ensure security of supply and technology independence; calls for the EU to learn from the current economic crisis and work towards more autonomy in strategic value chains; considers that the creation of synergies can help achieve this objective; |
| --- | --- |

44.

Recalls that one of the objectives of the Energy Union is to reduce our import dependency and to ensure security of supply and technology independence; calls for the EU to learn from the current economic crisis and work towards more autonomy in strategic value chains; considers that the creation of synergies can help achieve this objective;

| 45. | Stresses the importance of increasing the competitiveness of European technologies to foster the autonomy of the Union in the strategic energy sector; calls on the Commission to support research and innovation through the various structural and sectoral funds; recalls the Union’s global leadership in satellite emission measurement technologies and in particular the Copernicus Atmosphere Monitoring Service; recalls the expertise of the European Centre for Medium-Range Weather Forecasts in predicting weather and therefore anticipating fluctuations in the energy demand; calls on the Commission to consider further supporting technologies that will contribute to a climate-proof and integrated energy system, including where Europe has global leadership and domestic-based value chains; |
| --- | --- |

45.

Stresses the importance of increasing the competitiveness of European technologies to foster the autonomy of the Union in the strategic energy sector; calls on the Commission to support research and innovation through the various structural and sectoral funds; recalls the Union’s global leadership in satellite emission measurement technologies and in particular the Copernicus Atmosphere Monitoring Service; recalls the expertise of the European Centre for Medium-Range Weather Forecasts in predicting weather and therefore anticipating fluctuations in the energy demand; calls on the Commission to consider further supporting technologies that will contribute to a climate-proof and integrated energy system, including where Europe has global leadership and domestic-based value chains;

| 46. | Notes with concern that the conclusions of the 2020 Report on the State of the Energy Union highlight declining research and innovation investments in the area of clean energy technologies; reiterates the crucial role of the EU support for research and innovation, particularly disruptive innovation; welcomes the increased budget for research in the Horizon Europe programme and the establishment of the European Research Area; |
| --- | --- |

46.

Notes with concern that the conclusions of the 2020 Report on the State of the Energy Union highlight declining research and innovation investments in the area of clean energy technologies; reiterates the crucial role of the EU support for research and innovation, particularly disruptive innovation; welcomes the increased budget for research in the Horizon Europe programme and the establishment of the European Research Area;

| 47. | Highlights the need for a just transition and calls on the Commission and Member States to address structural changes in the energy sector in all relevant legislative proposals in order to help facilitate the transition towards climate neutrality; reiterates the promise outlined in the new Green deal that no one should be left behind; notes in this regard that it is of the utmost importance to transform the skills of employees in sectors that face the risk of disappearing through the green transition; highlights the value of the well-established European expertise on energy system integration, and calls on Member States to value this expertise and help transfer it from the fossil energy sector to a climate-neutral sector integrated energy system; |
| --- | --- |

47.

Highlights the need for a just transition and calls on the Commission and Member States to address structural changes in the energy sector in all relevant legislative proposals in order to help facilitate the transition towards climate neutrality; reiterates the promise outlined in the new Green deal that no one should be left behind; notes in this regard that it is of the utmost importance to transform the skills of employees in sectors that face the risk of disappearing through the green transition; highlights the value of the well-established European expertise on energy system integration, and calls on Member States to value this expertise and help transfer it from the fossil energy sector to a climate-neutral sector integrated energy system;

| 48. | Highlights the following groundbreaking process innovations and technologies that need to be further enhanced in a circular economy perspective and an effective sector integration strategy:






  (a) | high efficiency and renewable hydrogen-based steel production, combining steel recycling and permanent iron mould production, |
| --- | --- | --- |

48.

Highlights the following groundbreaking process innovations and technologies that need to be further enhanced in a circular economy perspective and an effective sector integration strategy:

(a)

high efficiency and renewable hydrogen-based steel production, combining steel recycling and permanent iron mould production,

| (b) | district heating through underground transport excess heat, |
| --- | --- |

(b)

district heating through underground transport excess heat,

| (c) | smart charging and modal shift in the transport sector, |
| --- | --- |

(c)

smart charging and modal shift in the transport sector,

| (d) | sustainable replacement of petrochemical and agrochemical products and their related processes, |
| --- | --- |

(d)

sustainable replacement of petrochemical and agrochemical products and their related processes,

| (e) | new generation of battery production and recycling, |
| --- | --- |

(e)

new generation of battery production and recycling,

| (f) | and liquid immersion technologies for data centres substantially reducing energy needs and excess heat; |
| --- | --- |

(f)

and liquid immersion technologies for data centres substantially reducing energy needs and excess heat;

| 49. | Welcomes the initiatives undertaken for strategic value chains; calls for recognising renewable energy technologies as a strategic value chain and for the establishment of an alliance to support efforts in scaling up these technologies, as well as an initiative on enhancing process and energy efficiency; calls on the Commission to ensure a transparent governance of all alliances including the participation of SMEs, civil society, non-governmental organisations and independent experts while guaranteeing geographical diversity; |
| --- | --- |

49.

Welcomes the initiatives undertaken for strategic value chains; calls for recognising renewable energy technologies as a strategic value chain and for the establishment of an alliance to support efforts in scaling up these technologies, as well as an initiative on enhancing process and energy efficiency; calls on the Commission to ensure a transparent governance of all alliances including the participation of SMEs, civil society, non-governmental organisations and independent experts while guaranteeing geographical diversity;

o

o o

| 50. | Instructs its President to forward this resolution to the Council and to the Commission. |
| --- | --- |

50.

Instructs its President to forward this resolution to the Council and to the Commission.

---

(1)  OJ L 283, 31.10.2003, p. 51.

1

(2)  OJ L 266, 26.9.2006, p. 1.

2

(3)  OJ L 115, 25.4.2013, p. 39.

3

(4)  OJ L 348, 20.12.2013, p. 129.

4

(5)  OJ L 307, 28.10.2014, p. 1.

5

(6)  OJ L 328, 21.12.2018, p. 1.

6

(7)  OJ L 328, 21.12.2018, p. 82.

7

(8)  OJ L 328, 21.12.2018, p. 210.

8

(9)  OJ L 158, 14.6.2019, p. 125.

9

(10)  OJ L 158, 14.6.2019, p. 54.

10

(11)  OJ L 169, 7.6.2014, p. 108

11

(12)  OJ C 23, 21.1.2021, p. 11.

12

(13)  Texts adopted, P9_TA(2019)0078.

13

(14)  Texts adopted, P9_TA(2019)0079.

14

(15)  Texts adopted, P9_TA(2020)0005.

15

(16)  Texts adopted, P9_TA(2020)0198.

16

(17)  Texts adopted, P9_TA(2020)0199.

17

(18)  Eurostat 2019 report on energy, transport and environment statistics: https://ec.europa.eu/eurostat/documents/3217494/10165279/KS-DK-19-001-EN-N.pdf/76651a29-b817-eed4-f9f2-92bf692e1ed9

18

(19)  OJ L 156, 19.6.2018, p. 75.

19

(20)  OJ L 280, 28.10.2017, p. 1.

20

(21)  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

21

(22)  Guidelines on State aid for environmental protection and energy.

22

(23)  OJ L 198, 22.6.2020, p. 13.

23

(24)  Annex II to the Commission communication of 17 May 2018 entitled ‘Europe on the move: Sustainable Mobility for Europe: safe, connected and clean’ (COM(2018)0293).

24

(25)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).

25

(26)  Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).

26

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| 12.1.2022 | EN | Official Journal of the European Union | C 15/56 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/56

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P9_TA(2021)0241

A European Strategy for Hydrogen

European Parliament resolution of 19 May 2021 on a European Strategy for Hydrogen (2020/2242(INI))

(2022/C 15/06)

The European Parliament,

| — | having regard to the Treaty on the Functioning of the European Union, and in particular to Article 194 thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union, and in particular to Article 194 thereof,

| — | having regard to the agreement adopted at the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (COP21) in Paris on 12 December 2015 (the Paris Agreement), |
| --- | --- |

—

having regard to the agreement adopted at the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (COP21) in Paris on 12 December 2015 (the Paris Agreement),

| — | having regard to the special reports of the Intergovernmental Panel on Climate Change of 8 October 2018 entitled ‘Global Warming of 1,5 oC’ and of 25 September 2019 entitled ‘The Ocean and Cryosphere in a Changing Climate’, |
| --- | --- |

—

having regard to the special reports of the Intergovernmental Panel on Climate Change of 8 October 2018 entitled ‘Global Warming of 1,5 oC’ and of 25 September 2019 entitled ‘The Ocean and Cryosphere in a Changing Climate’,

| — | having regard to the UN Environment Programme’s Emissions Gap Reports of 2019 and 2020, |
| --- | --- |

—

having regard to the UN Environment Programme’s Emissions Gap Reports of 2019 and 2020,

| — | having regard to the OECD Declaration of 23 February 2018 on strengthening SMEs and entrepreneurship for productivity and inclusive growth, |
| --- | --- |

—

having regard to the OECD Declaration of 23 February 2018 on strengthening SMEs and entrepreneurship for productivity and inclusive growth,

| — | having regard to the Commission communication of 8 July 2020 on a hydrogen strategy for a climate-neutral Europe (COM(2020)0301), |
| --- | --- |

—

having regard to the Commission communication of 8 July 2020 on a hydrogen strategy for a climate-neutral Europe (COM(2020)0301),

| — | having regard to the opinion of the European Committee of the Regions of 1 July 2020 entitled ‘Towards a Roadmap for Clean Hydrogen — the contribution of local and regional authorities to a climate-neutral Europe’ (1), |
| --- | --- |

—

having regard to the opinion of the European Committee of the Regions of 1 July 2020 entitled ‘Towards a Roadmap for Clean Hydrogen — the contribution of local and regional authorities to a climate-neutral Europe’ (1),

| — | having regard to the Commission communication of 8 July 2020 entitled ‘Powering a climate-neutral economy: An EU Strategy for Energy System Integration’ (COM(2020)0299), |
| --- | --- |

—

having regard to the Commission communication of 8 July 2020 entitled ‘Powering a climate-neutral economy: An EU Strategy for Energy System Integration’ (COM(2020)0299),

| — | having regard to the Commission communication of 19 November 2020 on an EU strategy to harness the potential of offshore renewable energy for a climate-neutral future (COM(2020)0741), |
| --- | --- |

—

having regard to the Commission communication of 19 November 2020 on an EU strategy to harness the potential of offshore renewable energy for a climate-neutral future (COM(2020)0741),

| — | having regard to the Commission communication of 14 October 2020 on an EU strategy to reduce methane emissions (COM(2020)0663), |
| --- | --- |

—

having regard to the Commission communication of 14 October 2020 on an EU strategy to reduce methane emissions (COM(2020)0663),

| — | having regard to the Commission report of 14 October 2020 entitled ‘2020 report on the State of the Energy Union pursuant to Regulation (EU) 2018/1999 on Governance of the Energy Union and Climate Action’ (COM(2020)0950), |
| --- | --- |

—

having regard to the Commission report of 14 October 2020 entitled ‘2020 report on the State of the Energy Union pursuant to Regulation (EU) 2018/1999 on Governance of the Energy Union and Climate Action’ (COM(2020)0950),

| — | having regard to the Commission communication of 17 September 2020 entitled ‘Stepping up Europe’s 2030 climate ambition — Investing in a climate-neutral future for the benefit of our people’ (COM(2020)0562), |
| --- | --- |

—

having regard to the Commission communication of 17 September 2020 entitled ‘Stepping up Europe’s 2030 climate ambition — Investing in a climate-neutral future for the benefit of our people’ (COM(2020)0562),

| — | having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640), |
| --- | --- |

—

having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640),

| — | having regard to the Commission communication of 10 March 2020 on a new industrial strategy for Europe (COM(2020)0102), |
| --- | --- |

—

having regard to the Commission communication of 10 March 2020 on a new industrial strategy for Europe (COM(2020)0102),

| — | having regard to Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (2) (the ‘Renewable Energy Directive’), |
| --- | --- |

—

having regard to Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (2) (the ‘Renewable Energy Directive’),

| — | having regard to Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (3), |
| --- | --- |

—

having regard to Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (3),

| — | having regard to Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (4) (the ‘Alternative Fuels Infrastructure Directive’), |
| --- | --- |

—

having regard to Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (4) (the ‘Alternative Fuels Infrastructure Directive’),

| — | having regard to Council Regulation (EU) No 559/2014 of 6 May 2014 establishing the Fuel Cells and Hydrogen 2 Joint Undertaking (5), |
| --- | --- |

—

having regard to Council Regulation (EU) No 559/2014 of 6 May 2014 establishing the Fuel Cells and Hydrogen 2 Joint Undertaking (5),

| — | having regard to Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (6) (the TEN-E Regulation), |
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—

having regard to Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (6) (the TEN-E Regulation),

| — | having regard to Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (7), which is currently being revised, |
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—

having regard to Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (7), which is currently being revised,

| — | having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (8) (the ‘ETS Directive’), |
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—

having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (8) (the ‘ETS Directive’),

| — | having regard to its resolution of 10 July 2020 on a comprehensive European approach to energy storage (9), |
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—

having regard to its resolution of 10 July 2020 on a comprehensive European approach to energy storage (9),

| — | having regard to its resolution of 10 July 2020 on the revision of the guidelines for trans-European energy infrastructure (10), |
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—

having regard to its resolution of 10 July 2020 on the revision of the guidelines for trans-European energy infrastructure (10),

| — | having regard to its resolution of 15 January 2020 on the European Green Deal (11), |
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—

having regard to its resolution of 15 January 2020 on the European Green Deal (11),

| — | having regard to its resolution of 28 November 2019 on the climate and environment emergency (12), |
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—

having regard to its resolution of 28 November 2019 on the climate and environment emergency (12),

| — | having regard to its resolution of 14 March 2019 entitled ‘Climate change — a European strategic long-term vision for a prosperous, modern, competitive and climate-neutral economy in accordance with the Paris Agreement’ (13), |
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—

having regard to its resolution of 14 March 2019 entitled ‘Climate change — a European strategic long-term vision for a prosperous, modern, competitive and climate-neutral economy in accordance with the Paris Agreement’ (13),

| — | having regard to its resolution of 25 October 2018 entitled ‘Deployment of infrastructure for alternative fuels in the European Union: time to act!’ (14), |
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—

having regard to its resolution of 25 October 2018 entitled ‘Deployment of infrastructure for alternative fuels in the European Union: time to act!’ (14),

| — | having regard to its resolution of 6 February 2018 on accelerating clean energy innovation (15), |
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—

having regard to its resolution of 6 February 2018 on accelerating clean energy innovation (15),

| — | having regard to Rule 54 of its Rules of Procedure, |
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—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on the Environment, Public Health and Food Safety and the Committee on Transport and Tourism, |
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—

having regard to the opinions of the Committee on the Environment, Public Health and Food Safety and the Committee on Transport and Tourism,

| — | having regard to the report of the Committee on Industry, Research and Energy (A9-0116/2021), |
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—

having regard to the report of the Committee on Industry, Research and Energy (A9-0116/2021),

| A. | whereas the EU has endorsed the Paris Agreement, the Green Deal and the goal of achieving a cost-efficient and fair transition leading to climate neutrality by 2050 at the latest; |
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A.

whereas the EU has endorsed the Paris Agreement, the Green Deal and the goal of achieving a cost-efficient and fair transition leading to climate neutrality by 2050 at the latest;

| B. | whereas the Commission has suggested increasing the EU’s goal to reduce greenhouse gas emissions by 2030 to at least 55 % below 1990 levels and whereas Parliament has endorsed the goal of reducing greenhouse gas emissions by 60 % below 1990 levels by 2030; |
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B.

whereas the Commission has suggested increasing the EU’s goal to reduce greenhouse gas emissions by 2030 to at least 55 % below 1990 levels and whereas Parliament has endorsed the goal of reducing greenhouse gas emissions by 60 % below 1990 levels by 2030;

| C. | whereas fossil fuels are largely responsible for global warming and whereas the Paris Agreement aims to contain the rise in the global temperature well below 2 oC above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 oC; |
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C.

whereas fossil fuels are largely responsible for global warming and whereas the Paris Agreement aims to contain the rise in the global temperature well below 2 oC above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 oC;

| D. | whereas the transition to a net-zero greenhouse gas economy requires a publicly guided swift and just transition to a largely renewables-based and highly resource- and energy- efficient energy system, ensuring sustainability and health, the participation of citizens, the alleviation of energy poverty across the EU, security of supply, accessibility and affordability of energy, and competitiveness of energy prices; |
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D.

whereas the transition to a net-zero greenhouse gas economy requires a publicly guided swift and just transition to a largely renewables-based and highly resource- and energy- efficient energy system, ensuring sustainability and health, the participation of citizens, the alleviation of energy poverty across the EU, security of supply, accessibility and affordability of energy, and competitiveness of energy prices;

| E. | whereas it is necessary to use clean alternative fuels and develop their applications in order to phase out fossil fuels as soon as possible and ensure the competitiveness of EU industry; whereas renewable hydrogen has untapped potential to be such an alternative; |
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E.

whereas it is necessary to use clean alternative fuels and develop their applications in order to phase out fossil fuels as soon as possible and ensure the competitiveness of EU industry; whereas renewable hydrogen has untapped potential to be such an alternative;

| F. | whereas hydrogen can be used as feedstock or a source of energy in industrial and chemical processes, in air, maritime and heavy-duty road transport, and in heating applications, decarbonising sectors in which direct electrification is not technologically possible or competitive, as well as for energy storage to balance, where necessary, the energy system, thereby playing a significant role in energy system integration; |
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F.

whereas hydrogen can be used as feedstock or a source of energy in industrial and chemical processes, in air, maritime and heavy-duty road transport, and in heating applications, decarbonising sectors in which direct electrification is not technologically possible or competitive, as well as for energy storage to balance, where necessary, the energy system, thereby playing a significant role in energy system integration;

| G. | whereas today, around 2 % of the EU’s energy mix is made up of hydrogen, of which 95 % is produced using fossil fuels, releasing 70-100 million tonnes of CO2 annually, while at the global level accounting for 2,5 % of greenhouse gas emissions, with less than 1 % of the hydrogen currently produced being used as an energy carrier; whereas some research shows that renewable energy could account for up to 100 % of the EU energy mix in 2050, of which hydrogen could account for a share of up to 20 % overall, between 20 % and 50 % of the energy used for transport and between 5 % and 20 % of the energy used in industry; |
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G.

whereas today, around 2 % of the EU’s energy mix is made up of hydrogen, of which 95 % is produced using fossil fuels, releasing 70-100 million tonnes of CO2 annually, while at the global level accounting for 2,5 % of greenhouse gas emissions, with less than 1 % of the hydrogen currently produced being used as an energy carrier; whereas some research shows that renewable energy could account for up to 100 % of the EU energy mix in 2050, of which hydrogen could account for a share of up to 20 % overall, between 20 % and 50 % of the energy used for transport and between 5 % and 20 % of the energy used in industry;

| H. | whereas hydrogen — 120 Mt of which is produced globally each year — is produced both as a by-product of the refining and chemical industries (70 Mt) and at dedicated production facilities (50 Mt); whereas most hydrogen is produced using fossil fuels — 6 % of natural gas and 2 % of coal globally is used for hydrogen production — with less than 0,1 % of it being produced using water electrolysis; |
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H.

whereas hydrogen — 120 Mt of which is produced globally each year — is produced both as a by-product of the refining and chemical industries (70 Mt) and at dedicated production facilities (50 Mt); whereas most hydrogen is produced using fossil fuels — 6 % of natural gas and 2 % of coal globally is used for hydrogen production — with less than 0,1 % of it being produced using water electrolysis;

| I. | whereas total hydrogen production capacity in the European Economic Area (EEA) at the end of 2018 was estimated to be 11,5 Mt per year and whereas the total installed capacity of electrolysers in the EEA is around 1 GW, which amounts to between 1 and 4 % of total hydrogen production capacity; whereas the total share of EEA hydrogen production from fossil fuels with carbon capture and storage (low-carbon hydrogen) is around 0,7 % (excluding by-products); |
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I.

whereas total hydrogen production capacity in the European Economic Area (EEA) at the end of 2018 was estimated to be 11,5 Mt per year and whereas the total installed capacity of electrolysers in the EEA is around 1 GW, which amounts to between 1 and 4 % of total hydrogen production capacity; whereas the total share of EEA hydrogen production from fossil fuels with carbon capture and storage (low-carbon hydrogen) is around 0,7 % (excluding by-products);

| J. | whereas 43 % of the hydrogen produced globally is used to produce ammonia — which itself is mainly used to produce ammonia-based agricultural fertilisers — 52 % is used for the refining and desulphurisation of hydrocarbons, and 5 % is used for the synthesis of methanol and other purposes; |
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J.

whereas 43 % of the hydrogen produced globally is used to produce ammonia — which itself is mainly used to produce ammonia-based agricultural fertilisers — 52 % is used for the refining and desulphurisation of hydrocarbons, and 5 % is used for the synthesis of methanol and other purposes;

| K. | whereas the current cost of renewable and low-carbon hydrogen is EUR 2,5 to 5,5 per kg, while the cost of producing fossil-fuel-based hydrogen is about EUR 1,5 per kg; whereas the current electricity mix in most Member States would produce electricity-based hydrogen with higher emissions than fossil-based hydrogen; |
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K.

whereas the current cost of renewable and low-carbon hydrogen is EUR 2,5 to 5,5 per kg, while the cost of producing fossil-fuel-based hydrogen is about EUR 1,5 per kg; whereas the current electricity mix in most Member States would produce electricity-based hydrogen with higher emissions than fossil-based hydrogen;

| L. | whereas hydrogen can store energy in large quantities over a long period of time, and can therefore bridge seasonal demand fluctuations; whereas hydrogen can be transported by lorry, ship or pipeline and therefore enables renewable energy to be produced where it is most efficient and enables long-haul transport without putting a strain on the electricity grid; |
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L.

whereas hydrogen can store energy in large quantities over a long period of time, and can therefore bridge seasonal demand fluctuations; whereas hydrogen can be transported by lorry, ship or pipeline and therefore enables renewable energy to be produced where it is most efficient and enables long-haul transport without putting a strain on the electricity grid;

| M. | whereas a higher share of renewable energy sources will be needed to decarbonise all sectors of the economy, which could lead to greater volatility in the electricity grid, while the demand for energy storage will need to be massively increased to secure the energy supply; |
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M.

whereas a higher share of renewable energy sources will be needed to decarbonise all sectors of the economy, which could lead to greater volatility in the electricity grid, while the demand for energy storage will need to be massively increased to secure the energy supply;

| N. | whereas steel production represents around 10 % of direct and indirect greenhouse gas emissions worldwide, and maritime transport emits about 2,5 % of greenhouse gas emissions, and whereas the development of renewable hydrogen could help cut emissions in those sectors; |
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N.

whereas steel production represents around 10 % of direct and indirect greenhouse gas emissions worldwide, and maritime transport emits about 2,5 % of greenhouse gas emissions, and whereas the development of renewable hydrogen could help cut emissions in those sectors;

| O. | whereas transport is responsible for approximately 27 % of the EU’s total greenhouse gas emissions; whereas hydrogen has multiple applications across industry and the electricity and building sectors and offers great potential as an alternative fuel for the transport sector, but whereas market-deployed hydrogen possibilities for the various modes of transport are still limited; |
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O.

whereas transport is responsible for approximately 27 % of the EU’s total greenhouse gas emissions; whereas hydrogen has multiple applications across industry and the electricity and building sectors and offers great potential as an alternative fuel for the transport sector, but whereas market-deployed hydrogen possibilities for the various modes of transport are still limited;

| P. | whereas battery electric cars have the potential to take over a significant part of the market for private vehicles; whereas heavy transport is a sector that is hard to decarbonise, with the possibilities for direct electrification being limited due to low cost-efficiency and technical reasons; whereas batteries pose practical problems in heavy-duty vehicles, trains on non-electrified lines, cargo ships and aeroplanes and whereas this will create opportunities for other energy carriers such as hydrogen, as large amounts of it can be stored onboard a vehicle or vessel, it allows for quick refuelling if necessary, and it only produces water as an exhaust output; |
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P.

whereas battery electric cars have the potential to take over a significant part of the market for private vehicles; whereas heavy transport is a sector that is hard to decarbonise, with the possibilities for direct electrification being limited due to low cost-efficiency and technical reasons; whereas batteries pose practical problems in heavy-duty vehicles, trains on non-electrified lines, cargo ships and aeroplanes and whereas this will create opportunities for other energy carriers such as hydrogen, as large amounts of it can be stored onboard a vehicle or vessel, it allows for quick refuelling if necessary, and it only produces water as an exhaust output;

| Q. | whereas a sustainable and competitive hydrogen economy is an opportunity for the EU to strengthen its economy, especially after the economic downturn due to COVID-19, as it could create up to one million direct high-quality jobs by 2030 and 5,4 million by 2050, and whereas this could be an opportunity for regions which are currently heavily dependent on traditional sources of energy and will be at risk of poverty once fossil fuels are phased out; whereas the potential for job creation in the renewable hydrogen sector is estimated to be 10 300 jobs per billion EUR invested, a figure that could be complemented by jobs generated in the renewable electricity sector; |
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Q.

whereas a sustainable and competitive hydrogen economy is an opportunity for the EU to strengthen its economy, especially after the economic downturn due to COVID-19, as it could create up to one million direct high-quality jobs by 2030 and 5,4 million by 2050, and whereas this could be an opportunity for regions which are currently heavily dependent on traditional sources of energy and will be at risk of poverty once fossil fuels are phased out; whereas the potential for job creation in the renewable hydrogen sector is estimated to be 10 300 jobs per billion EUR invested, a figure that could be complemented by jobs generated in the renewable electricity sector;

| R. | whereas building a sustainable and competitive hydrogen market that contributes in a timely and cost-efficient manner to the EU’s climate-neutrality objective for 2050 requires well-developed transmission and distribution infrastructure to transport hydrogen efficiently from production sites to consumption areas in the EU; |
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R.

whereas building a sustainable and competitive hydrogen market that contributes in a timely and cost-efficient manner to the EU’s climate-neutrality objective for 2050 requires well-developed transmission and distribution infrastructure to transport hydrogen efficiently from production sites to consumption areas in the EU;

| S. | whereas the development of hydrogen systems might be addressed differently by the Member States, taking into account differences in the structure of existing gas infrastructure, each country’s capacity to develop different hydrogen production technologies, the potential for innovation and the varying demand for hydrogen by different industries in each Member State; |
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S.

whereas the development of hydrogen systems might be addressed differently by the Member States, taking into account differences in the structure of existing gas infrastructure, each country’s capacity to develop different hydrogen production technologies, the potential for innovation and the varying demand for hydrogen by different industries in each Member State;

| T. | whereas almost all Member States have included plans for hydrogen in their national energy and climate plans and 26 Member States have signed the Hydrogen Initiative; |
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T.

whereas almost all Member States have included plans for hydrogen in their national energy and climate plans and 26 Member States have signed the Hydrogen Initiative;

| U. | whereas the EU’s energy system should be environmentally sustainable and economically competitive, and whereas any technological directions pursued should be based on proven and sound estimations that would lead to viable business cases within predictable timeframes, to ensure that their costs do not jeopardise the competitiveness of EU industries or the welfare of citizens; |
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U.

whereas the EU’s energy system should be environmentally sustainable and economically competitive, and whereas any technological directions pursued should be based on proven and sound estimations that would lead to viable business cases within predictable timeframes, to ensure that their costs do not jeopardise the competitiveness of EU industries or the welfare of citizens;

| V. | whereas significant energy losses during the production, transport, storage and processing of hydrogen should be taken into consideration; |
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V.

whereas significant energy losses during the production, transport, storage and processing of hydrogen should be taken into consideration;

| W. | whereas the current legislative framework regulating natural gas has provided security of supply and affordability of energy for EU consumers for years and thus could be used as a blueprint to foster the development of a future pan-EU renewable hydrogen market; |
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W.

whereas the current legislative framework regulating natural gas has provided security of supply and affordability of energy for EU consumers for years and thus could be used as a blueprint to foster the development of a future pan-EU renewable hydrogen market;

1.

Stresses the need to maintain and further develop EU technological leadership in clean hydrogen (16) through a competitive and sustainable hydrogen economy with an integrated hydrogen market; emphasises the necessity of an EU hydrogen strategy that covers the whole hydrogen value chain, including the demand and supply sectors, and is aligned with national efforts to ensure that sufficient supplementary renewable electricity generation infrastructure is built for the production of renewable hydrogen and to bring down the costs of renewable hydrogen; notes in particular the added value of EU domestic production of renewable hydrogen in terms of the development and marketing of innovative electrolysis technologies; emphasises that the hydrogen economy needs to be compatible with the Paris Agreement, the EU’s climate and energy targets for 2030 and 2050, the circular economy, the action plan for critical raw materials and the UN Sustainable Development Goals;

2.

Welcomes the hydrogen strategy for a climate-neutral Europe proposed by the Commission, including the future revision of the Renewable Energy Directive, as well as the growing number of Member State strategies and investment plans for hydrogen; underlines that these strategies need to be aligned with the Member States’ national energy and climate plans, and calls for their swift and ambitious implementation; believes that the Commission should take these strategies into account in future legislative proposals; urges the Commission to align its approach on hydrogen with the new EU industrial strategy and make it part of a coherent industrial policy, taking into account the fact that the hydrogen strategy is not a goal in itself, but should be seen in the context of the EU’s overall efforts to reduce greenhouse gas emissions while securing long-term quality jobs and contributing to the competitiveness of EU industry;

3.

Underlines the importance of a resilient and climate-neutral energy system based on the principles of energy efficiency, cost efficiency, affordability and security of supply; stresses that energy conservation and the ‘energy efficiency first’ principle should prevail, without preventing the development of innovative pilot and demonstration projects; notes that direct electrification from renewable sources is more cost-, resource- and energy-efficient than hydrogen, but also notes that factors such as security of supply, technical feasibility and energy system considerations should be taken into account when determining how a sector should decarbonise; underlines, in that regard, the importance of the principle of technology neutrality for achieving a climate-neutral EU;

4.

Is convinced that hydrogen produced from renewable sources is key to the EU’s energy transition, as only renewable hydrogen can sustainably contribute to achieving climate neutrality in the long term and avoid lock-in effects and stranded assets; notes with concern that renewable hydrogen is not yet competitive; therefore urges the Commission and the Member States to incentivise the value chain and market uptake of renewable hydrogen, taking into account the fact that the relationship between price and yield would gradually improve in view of the development of industrial methods and value chains;

5.

Recognises the efforts undertaken by hydrogen valleys in various regions throughout the EU to develop integrated, cross-sectoral hydrogen value chains; underlines their important role in initiating the production and application of renewable hydrogen with a view to developing the EU hydrogen economy; urges the Commission to build on these initiatives, support their development and help those involved to pool their know-how and investments;

6.

Highlights that hydrogen-derived products, such as synthetic fuels produced with renewable energy, constitute a carbon-neutral alternative to fossil fuels and can therefore significantly contribute, together with other emission-reduction solutions such as electrification based on renewable electricity, to the decarbonisation of a wide variety of sectors; stresses that a cross-sectoral application is vital in order to significantly reduce the price of these energy carriers through economies of scale and to ensure sufficient market volume;

Hydrogen classification and standards

Hydrogen classification and standards

| 7. | Believes that a common legal classification of the different types of hydrogen is of utmost importance; welcomes, as a first step, the classification proposed by the Commission; points out that rapid agreement on comprehensive, precise, science-based and uniform EU-wide terminology is necessary in order to adapt national legal definitions and establish a clear classification with a view to providing legal certainty; calls on the Commission to conclude its work on establishing such terminology as rapidly as possible, in the context of all relevant legislation; |
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7.

Believes that a common legal classification of the different types of hydrogen is of utmost importance; welcomes, as a first step, the classification proposed by the Commission; points out that rapid agreement on comprehensive, precise, science-based and uniform EU-wide terminology is necessary in order to adapt national legal definitions and establish a clear classification with a view to providing legal certainty; calls on the Commission to conclude its work on establishing such terminology as rapidly as possible, in the context of all relevant legislation;

| 8. | Believes that the classification of the different forms of hydrogen should be determined according to an independent, science-based assessment, stepping away from the commonly used colour-based approach; is of the opinion that this classification should be based on the life cycle greenhouse gas emissions throughout hydrogen’s entire production and transport process, but should also take into account transparent and robust sustainability criteria in line with the principles of the circular economy and be based on averages and standard values per category, such as the objectives of sustainable use and the protection of resources, the handling of waste and the increased use of raw and secondary materials, pollution prevention and control, and finally, the protection and restoration of biodiversity and ecosystems; |
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8.

Believes that the classification of the different forms of hydrogen should be determined according to an independent, science-based assessment, stepping away from the commonly used colour-based approach; is of the opinion that this classification should be based on the life cycle greenhouse gas emissions throughout hydrogen’s entire production and transport process, but should also take into account transparent and robust sustainability criteria in line with the principles of the circular economy and be based on averages and standard values per category, such as the objectives of sustainable use and the protection of resources, the handling of waste and the increased use of raw and secondary materials, pollution prevention and control, and finally, the protection and restoration of biodiversity and ecosystems;

| 9. | Notes that there is a discrepancy between different definitions of clean hydrogen used by different actors, such as the Commission and the European Clean Hydrogen Alliance, which creates confusion and should be avoided; stresses, in that regard, that the distinction between renewable and low-carbon hydrogen must be made absolutely clear (17); notes, in addition, that avoiding using two names for the same category of hydrogen, namely ‘renewable’ and ‘clean’, as proposed by the Commission, would provide further clarification, and underlines, in that regard, that the term ‘renewable hydrogen’ is the most objective and science-based option for that category of hydrogen; |
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9.

Notes that there is a discrepancy between different definitions of clean hydrogen used by different actors, such as the Commission and the European Clean Hydrogen Alliance, which creates confusion and should be avoided; stresses, in that regard, that the distinction between renewable and low-carbon hydrogen must be made absolutely clear (17

| 10. | Underlines the urgent need for EU and international standards and certification; further notes that guarantees of origin aligned with national registries should be considered to ensure that renewable hydrogen can be ramped up in a timely manner and that consumers can choose sustainable solutions consciously and minimise the risk of stranded investments; |
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10.

Underlines the urgent need for EU and international standards and certification; further notes that guarantees of origin aligned with national registries should be considered to ensure that renewable hydrogen can be ramped up in a timely manner and that consumers can choose sustainable solutions consciously and minimise the risk of stranded investments;

| 11. | Stresses that the standardisation system needs to be based on a holistic approach and must be applicable to imported hydrogen; calls on the Commission to introduce a regulatory framework with robust and transparent sustainability criteria for the certification and tracking of hydrogen in the EU, taking into account its greenhouse gas footprint throughout the value chain, including transport, in order to also trigger investment in sufficient supplementary renewable electricity generation; also calls on the Commission to provide, as early as possible in 2021, a regulatory framework for hydrogen that ensures standardisation, certification, guarantees of origin, labelling and tradability across Member States, and to also use the upcoming revision of the EU Emissions Trading System (ETS) to examine what changes are needed to unlock the full potential of hydrogen to contribute to the EU’s climate goals, taking into account the risks of carbon leakage; |
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11.

Stresses that the standardisation system needs to be based on a holistic approach and must be applicable to imported hydrogen; calls on the Commission to introduce a regulatory framework with robust and transparent sustainability criteria for the certification and tracking of hydrogen in the EU, taking into account its greenhouse gas footprint throughout the value chain, including transport, in order to also trigger investment in sufficient supplementary renewable electricity generation; also calls on the Commission to provide, as early as possible in 2021, a regulatory framework for hydrogen that ensures standardisation, certification, guarantees of origin, labelling and tradability across Member States, and to also use the upcoming revision of the EU Emissions Trading System (ETS) to examine what changes are needed to unlock the full potential of hydrogen to contribute to the EU’s climate goals, taking into account the risks of carbon leakage;

| 12. | Underlines that the classification of different types of hydrogen would inter alia serve the purpose of providing consumers with information and is not meant to stall the expansion of hydrogen in general; notes that the current system of guarantees of origin for renewable electricity has not so far triggered adequate investment in additional capacity; stresses, therefore, the importance of further developing guidelines on conditions and criteria, in order to avoid double counting of renewable capacities; |
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12.

Underlines that the classification of different types of hydrogen would inter alia serve the purpose of providing consumers with information and is not meant to stall the expansion of hydrogen in general; notes that the current system of guarantees of origin for renewable electricity has not so far triggered adequate investment in additional capacity; stresses, therefore, the importance of further developing guidelines on conditions and criteria, in order to avoid double counting of renewable capacities;

| 13. | Is strongly convinced that public acceptance is key to the successful creation of a hydrogen economy; stresses, therefore, the importance of public and stakeholder involvement, EU safety and technical standards for hydrogen, and high-quality hydrogen solutions respecting those standards; furthermore highlights that safety protocols in demand sectors need to be updated continuously with regard to hydrogen use; asks, therefore, that best-practice examples and a hydrogen safety culture be promoted throughout the EU; |
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13.

Is strongly convinced that public acceptance is key to the successful creation of a hydrogen economy; stresses, therefore, the importance of public and stakeholder involvement, EU safety and technical standards for hydrogen, and high-quality hydrogen solutions respecting those standards; furthermore highlights that safety protocols in demand sectors need to be updated continuously with regard to hydrogen use; asks, therefore, that best-practice examples and a hydrogen safety culture be promoted throughout the EU;

Ramping up hydrogen production

Ramping up hydrogen production

| 14. | Highlights that in order to ensure the internal hydrogen market functions well and predictably, regulatory barriers need to be overcome and a coherent, integrated and comprehensive regulatory framework for a hydrogen market should be swiftly proposed by the Commission, which should be aligned with other relevant legislation, and fully respect the principles of proportionality, subsidiarity and better regulation, including the SME test; highlights, in this regard, that a flexible hydrogen market is needed to enable innovative first movers to make full use of the benefits and drive down the costs of hydrogen production, taking into account that the hydrogen market is not yet mature and needs to be scaled up; |
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14.

Highlights that in order to ensure the internal hydrogen market functions well and predictably, regulatory barriers need to be overcome and a coherent, integrated and comprehensive regulatory framework for a hydrogen market should be swiftly proposed by the Commission, which should be aligned with other relevant legislation, and fully respect the principles of proportionality, subsidiarity and better regulation, including the SME test; highlights, in this regard, that a flexible hydrogen market is needed to enable innovative first movers to make full use of the benefits and drive down the costs of hydrogen production, taking into account that the hydrogen market is not yet mature and needs to be scaled up;

| 15. | Believes that the EU gas market design and the Clean Energy Package could serve as basis and example for the regulation of the hydrogen market; highlights that the rapid and predictable development of functioning hydrogen production also requires democratic public planning, associating producers, workers and their trade unions, scientists and non-governmental organisations (NGOs); also encourages the Commission and the Member States to devise specific solutions in order to ramp up hydrogen production in less connected or isolated regions, such as islands, while ensuring the development of related infrastructure, including by repurposing it; |
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15.

Believes that the EU gas market design and the Clean Energy Package could serve as basis and example for the regulation of the hydrogen market; highlights that the rapid and predictable development of functioning hydrogen production also requires democratic public planning, associating producers, workers and their trade unions, scientists and non-governmental organisations (NGOs); also encourages the Commission and the Member States to devise specific solutions in order to ramp up hydrogen production in less connected or isolated regions, such as islands, while ensuring the development of related infrastructure, including by repurposing it;

| 16. | Calls on the Commission to include and assess the legal requirements that are necessary for an EU sustainable hydrogen economy in its impact assessments regarding the revision of the relevant legislation, in order to deliver on the EU’s increased climate ambition and make renewable hydrogen more economically attractive; urges the Commission to look, in particular, into the review of the Renewable Energy Directive, the Energy Taxation Directive (18) and the ETS Directive, in order to ensure a level playing field and a future-proof regulatory framework for hydrogen; |
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16.

Calls on the Commission to include and assess the legal requirements that are necessary for an EU sustainable hydrogen economy in its impact assessments regarding the revision of the relevant legislation, in order to deliver on the EU’s increased climate ambition and make renewable hydrogen more economically attractive; urges the Commission to look, in particular, into the review of the Renewable Energy Directive, the Energy Taxation Directive (18

| 17. | Welcomes the Commission’s ambitious goals of increasing the capacity of electrolysers and renewable hydrogen production; calls on the Commission to develop a roadmap for the deployment and upscaling of electrolysers and to forge partnerships at the EU level to ensure their cost-effectiveness; urges the Commission and the Member States to remove existing administrative burdens and to incentivise the expansion of the value chain and the market uptake of renewable hydrogen in order to make it technologically mature and competitive by providing financial stimuli and dedicated funding schemes, including innovative solutions such as feed-in premiums for renewable hydrogen fed into the hydrogen grid, by revising State aid rules and by carrying out a comprehensive revision of energy pricing and taxation systems with a view to internalising external costs; stresses that renewable hydrogen could become competitive before 2030, provided that the necessary investments and an adequate regulatory framework are in place and renewable energy is competitive; |
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17.

Welcomes the Commission’s ambitious goals of increasing the capacity of electrolysers and renewable hydrogen production; calls on the Commission to develop a roadmap for the deployment and upscaling of electrolysers and to forge partnerships at the EU level to ensure their cost-effectiveness; urges the Commission and the Member States to remove existing administrative burdens and to incentivise the expansion of the value chain and the market uptake of renewable hydrogen in order to make it technologically mature and competitive by providing financial stimuli and dedicated funding schemes, including innovative solutions such as feed-in premiums for renewable hydrogen fed into the hydrogen grid, by revising State aid rules and by carrying out a comprehensive revision of energy pricing and taxation systems with a view to internalising external costs; stresses that renewable hydrogen could become competitive before 2030, provided that the necessary investments and an adequate regulatory framework are in place and renewable energy is competitive;

| 18. | Notes that a sustainable hydrogen economy should allow capacities to be ramped up inside an integrated EU energy market; recognises that there will be different forms of hydrogen on the market, such as renewable and low-carbon hydrogen, and underlines the need for investment to scale up renewable production fast enough to reach the EU’s climate targets and environmental goals for 2030 and 2050, while recognising low-carbon hydrogen as a bridging technology in the short and medium term; calls on the Commission to assess approximately how much low-carbon hydrogen will be needed for decarbonisation purposes until renewable hydrogen can play this role alone, in which cases, and for how long; calls on the Commission and the Member States to reduce regulatory and economic hurdles in order to foster a quick market uptake of hydrogen; further notes the need to avoid unsustainable resource exploitation, continued methane emissions, carbon lock-in and stranded assets; underlines that the use of hydrogen should contribute to achieving EU climate goals and the fast development and deployment of renewable hydrogen; |
| --- | --- |

18.

Notes that a sustainable hydrogen economy should allow capacities to be ramped up inside an integrated EU energy market; recognises that there will be different forms of hydrogen on the market, such as renewable and low-carbon hydrogen, and underlines the need for investment to scale up renewable production fast enough to reach the EU’s climate targets and environmental goals for 2030 and 2050, while recognising low-carbon hydrogen as a bridging technology in the short and medium term; calls on the Commission to assess approximately how much low-carbon hydrogen will be needed for decarbonisation purposes until renewable hydrogen can play this role alone, in which cases, and for how long; calls on the Commission and the Member States to reduce regulatory and economic hurdles in order to foster a quick market uptake of hydrogen; further notes the need to avoid unsustainable resource exploitation, continued methane emissions, carbon lock-in and stranded assets; underlines that the use of hydrogen should contribute to achieving EU climate goals and the fast development and deployment of renewable hydrogen;

| 19. | Stresses the importance of phasing out fossil-based hydrogen as soon as possible, focussing on the cleanest technologies in terms of sustainability and greenhouse gas emissions; urges the Commission and the Member States to immediately start planning that transition carefully, so that the production of fossil-based hydrogen starts decreasing swiftly, predictably and irreversibly and so that the prolongation of the lifetime of fossil-based production facilities is avoided; notes that a number of fossil-based hydrogen production sites are located in the just transition territories and highlights that effective support measures should be directed at the decarbonisation of existing fossil-based hydrogen production; urges that measures aimed at the development of the European hydrogen economy should not lead to the closure of these production sites, but to their modernisation and further development, thus benefiting the regions by ensuring a locally produced sustainable energy carrier, facilitating GHG emissions reduction, and contributing to the reskilling and further employability of the local workforce; |
| --- | --- |

19.

Stresses the importance of phasing out fossil-based hydrogen as soon as possible, focussing on the cleanest technologies in terms of sustainability and greenhouse gas emissions; urges the Commission and the Member States to immediately start planning that transition carefully, so that the production of fossil-based hydrogen starts decreasing swiftly, predictably and irreversibly and so that the prolongation of the lifetime of fossil-based production facilities is avoided; notes that a number of fossil-based hydrogen production sites are located in the just transition territories and highlights that effective support measures should be directed at the decarbonisation of existing fossil-based hydrogen production; urges that measures aimed at the development of the European hydrogen economy should not lead to the closure of these production sites, but to their modernisation and further development, thus benefiting the regions by ensuring a locally produced sustainable energy carrier, facilitating GHG emissions reduction, and contributing to the reskilling and further employability of the local workforce;

| 20. | Underlines the role that environmentally safe carbon capture storage and utilisation (CCS/U) can play in reaching the European Green Deal objectives; supports an integrated policy context to stimulate the uptake of environmentally safe CCS/U applications that deliver a net reduction in greenhouse gas emissions in order to make heavy industry climate-neutral where no direct emission reduction options are available; reaffirms, however, that the EU net-zero strategy should prioritise direct emission reductions and actions maintaining and enhancing the EU’s natural sinks and reservoirs; further notes, in this regard, the need for research and development in CCS/U technologies; |
| --- | --- |

20.

Underlines the role that environmentally safe carbon capture storage and utilisation (CCS/U) can play in reaching the European Green Deal objectives; supports an integrated policy context to stimulate the uptake of environmentally safe CCS/U applications that deliver a net reduction in greenhouse gas emissions in order to make heavy industry climate-neutral where no direct emission reduction options are available; reaffirms, however, that the EU net-zero strategy should prioritise direct emission reductions and actions maintaining and enhancing the EU’s natural sinks and reservoirs; further notes, in this regard, the need for research and development in CCS/U technologies;

| 21. | Underlines that a hydrogen economy requires significant additional amounts of affordable renewable energy and the corresponding infrastructure for the production of renewable energy and its transport to hydrogen production sites and of the produced hydrogen to the end users; calls on the Commission and the Member States to start the roll-out of sufficient supplementary renewable energy capacity to supply the electrification process and the production of renewable hydrogen, by inter alia simplifying permit procedures, and to develop cross-border partnerships based on the opportunities different regions have to produce renewable energy and renewable hydrogen; |
| --- | --- |

21.

Underlines that a hydrogen economy requires significant additional amounts of affordable renewable energy and the corresponding infrastructure for the production of renewable energy and its transport to hydrogen production sites and of the produced hydrogen to the end users; calls on the Commission and the Member States to start the roll-out of sufficient supplementary renewable energy capacity to supply the electrification process and the production of renewable hydrogen, by inter alia simplifying permit procedures, and to develop cross-border partnerships based on the opportunities different regions have to produce renewable energy and renewable hydrogen;

| 22. | Considers that the deployment of appropriate renewable energy capacity in proportion to the need for renewable hydrogen can help to avoid conflict between the capacity required for electrification, electrolysers and other purposes and the need to meet the EU’s climate goals; welcomes, in that regard, the Commission’s plans to increase the EU renewable energy target for 2030 and its proposed strategy on offshore renewable energy; |
| --- | --- |

22.

Considers that the deployment of appropriate renewable energy capacity in proportion to the need for renewable hydrogen can help to avoid conflict between the capacity required for electrification, electrolysers and other purposes and the need to meet the EU’s climate goals; welcomes, in that regard, the Commission’s plans to increase the EU renewable energy target for 2030 and its proposed strategy on offshore renewable energy;

| 23. | Calls for the revision of the Energy Taxation Directive; calls on Member States to consider reducing taxes and levies on renewable energy across the EU, as appropriate, to eliminate double-charging of taxes and fees on electricity generated from hydrogen facilities, which are a barrier to the further deployment of hydrogen, and to strengthen financial incentives to produce renewable energy, while simultaneously further working towards the phase-out of fossil fuel subsidies, tax and levy exemptions; |
| --- | --- |

23.

Calls for the revision of the Energy Taxation Directive; calls on Member States to consider reducing taxes and levies on renewable energy across the EU, as appropriate, to eliminate double-charging of taxes and fees on electricity generated from hydrogen facilities, which are a barrier to the further deployment of hydrogen, and to strengthen financial incentives to produce renewable energy, while simultaneously further working towards the phase-out of fossil fuel subsidies, tax and levy exemptions;

| 24. | Underlines that renewable hydrogen can be produced from several renewable energy sources, such as wind, solar and hydropower (including pumped storage); stresses the potential of brownfield sites to provide space for renewable energy production; invites the Commission, in view of the recently published strategy on offshore renewable energy, to assess how offshore renewable energy sources could pave the way for the wider development and uptake of renewable hydrogen; |
| --- | --- |

24.

Underlines that renewable hydrogen can be produced from several renewable energy sources, such as wind, solar and hydropower (including pumped storage); stresses the potential of brownfield sites to provide space for renewable energy production; invites the Commission, in view of the recently published strategy on offshore renewable energy, to assess how offshore renewable energy sources could pave the way for the wider development and uptake of renewable hydrogen;

| 25. | Stresses the potential to convert some existing industrial sites into renewable hydrogen production facilities; underlines the necessity to publicly plan such conversions of industrial sites with the workers and their trade unions, opening up the possibility, including for workers, to collectively reopen disused sites in a legal orderly manner, for example in order to produce hydrogen; |
| --- | --- |

25.

Stresses the potential to convert some existing industrial sites into renewable hydrogen production facilities; underlines the necessity to publicly plan such conversions of industrial sites with the workers and their trade unions, opening up the possibility, including for workers, to collectively reopen disused sites in a legal orderly manner, for example in order to produce hydrogen;

| 26. | Notes that the transition to a climate-neutral energy system should be planned carefully, taking into account today’s starting points and infrastructure, which may differ across the Member States; emphasises that the Member States should be flexible when designing support measures, including State aid measures, for the development of their national hydrogen economies; asks the Commission, in that regard, to provide more information on planned differentiation and the flexibility of support measures; |
| --- | --- |

26.

Notes that the transition to a climate-neutral energy system should be planned carefully, taking into account today’s starting points and infrastructure, which may differ across the Member States; emphasises that the Member States should be flexible when designing support measures, including State aid measures, for the development of their national hydrogen economies; asks the Commission, in that regard, to provide more information on planned differentiation and the flexibility of support measures;

| 27. | Underlines the significant amount of natural resources, such as water, needed for hydrogen production and the problems this may cause for water-scarce regions in the EU; stresses the importance of increasing resource efficiency, minimising the impact on regional water supplies, ensuring the careful management of resources and land use for the production of hydrogen and avoiding any contamination of water, air or soil, deforestation or loss of biodiversity, as a result of the hydrogen-related production chain; |
| --- | --- |

27.

Underlines the significant amount of natural resources, such as water, needed for hydrogen production and the problems this may cause for water-scarce regions in the EU; stresses the importance of increasing resource efficiency, minimising the impact on regional water supplies, ensuring the careful management of resources and land use for the production of hydrogen and avoiding any contamination of water, air or soil, deforestation or loss of biodiversity, as a result of the hydrogen-related production chain;

Citizen engagement

Citizen engagement

| 28. | Underlines that citizen engagement will play an important role in the implementation of a fair, successful, participative and inclusive energy transition; underlines, therefore, the importance of ensuring that all stakeholders share the costs and benefits in an integrated system; |
| --- | --- |

28.

Underlines that citizen engagement will play an important role in the implementation of a fair, successful, participative and inclusive energy transition; underlines, therefore, the importance of ensuring that all stakeholders share the costs and benefits in an integrated system;

| 29. | Underlines that renewable energy communities can be involved in the production of hydrogen; recalls the obligation to provide them with an enabling framework in accordance with Directive (EU) 2019/944 (19) and requests that they benefit from the same advantages as other stakeholders; |
| --- | --- |

29.

Underlines that renewable energy communities can be involved in the production of hydrogen; recalls the obligation to provide them with an enabling framework in accordance with Directive (EU) 2019/944 (19

| 30. | Stresses that in order to have a properly functioning EU hydrogen market, people with specialised skills are needed, especially with regard to safety; underlines the necessity of a strong public and free vocational training system; calls on the Commission to adopt an action plan aimed at guiding Member States to develop and maintain dedicated training programmes for workers, engineers, technicians, and the general public, and to create multi-disciplinary teaching programmes for economists, scientists and students; stresses that more must be done to promote equal opportunities in the hydrogen sector, and calls for the launch of an EU initiative focused on employment, training and development for women, with a view to identifying and removing obstacles and building networks and models; |
| --- | --- |

30.

Stresses that in order to have a properly functioning EU hydrogen market, people with specialised skills are needed, especially with regard to safety; underlines the necessity of a strong public and free vocational training system; calls on the Commission to adopt an action plan aimed at guiding Member States to develop and maintain dedicated training programmes for workers, engineers, technicians, and the general public, and to create multi-disciplinary teaching programmes for economists, scientists and students; stresses that more must be done to promote equal opportunities in the hydrogen sector, and calls for the launch of an EU initiative focused on employment, training and development for women, with a view to identifying and removing obstacles and building networks and models;

| 31. | Regrets that training, upskilling and reskilling strategies and a just transition towards a hydrogen-ready workforce have not played a role so far in the EU hydrogen strategy; stresses the importance of preserving and tapping into the potential of workers with technical skills employed in existing industries, and recalls the right of workers to be trained and upskilled during working hours with their wages guaranteed; |
| --- | --- |

31.

Regrets that training, upskilling and reskilling strategies and a just transition towards a hydrogen-ready workforce have not played a role so far in the EU hydrogen strategy; stresses the importance of preserving and tapping into the potential of workers with technical skills employed in existing industries, and recalls the right of workers to be trained and upskilled during working hours with their wages guaranteed;

| 32. | Calls on the Commission to produce data on the possible impacts, opportunities and challenges of the transformation of industry and the transport and energy sectors in relation to the scaling-up of hydrogen; calls on the Commission and the Member States to develop sectoral transformation strategies in this regard, together with industry and trade unions; suggests the launch of an EU skills partnership on hydrogen under the Pact for Skills; |
| --- | --- |

32.

Calls on the Commission to produce data on the possible impacts, opportunities and challenges of the transformation of industry and the transport and energy sectors in relation to the scaling-up of hydrogen; calls on the Commission and the Member States to develop sectoral transformation strategies in this regard, together with industry and trade unions; suggests the launch of an EU skills partnership on hydrogen under the Pact for Skills;

Hydrogen infrastructure

Hydrogen infrastructure

| 33. | Emphasises the urgent need to develop infrastructure for hydrogen production, storage and transport, to incentivise adequate capacity-building, and to develop demand and supply in parallel; also highlights the importance of developing hydrogen networks with non-discriminatory access; notes the synergy-related benefits of combining hydrogen production and infrastructure with other aspects of flexible, multi-energy systems such as waste heat recovery from electrolysis for district heating; welcomes the Commission’s proposal to amend the TEN-E Regulation; appreciates the inclusion of hydrogen as a dedicated energy infrastructure category and notes that these hydrogen assets may be newly constructed or converted from natural gas, or a combination of the two; takes note, in addition, of the newly proposed system of governance for the planning of infrastructure that involves hydrogen operators; |
| --- | --- |

33.

Emphasises the urgent need to develop infrastructure for hydrogen production, storage and transport, to incentivise adequate capacity-building, and to develop demand and supply in parallel; also highlights the importance of developing hydrogen networks with non-discriminatory access; notes the synergy-related benefits of combining hydrogen production and infrastructure with other aspects of flexible, multi-energy systems such as waste heat recovery from electrolysis for district heating; welcomes the Commission’s proposal to amend the TEN-E Regulation; appreciates the inclusion of hydrogen as a dedicated energy infrastructure category and notes that these hydrogen assets may be newly constructed or converted from natural gas, or a combination of the two; takes note, in addition, of the newly proposed system of governance for the planning of infrastructure that involves hydrogen operators;

| 34. | Notes that, in parallel to the focus on industrial clusters in the first phase, the planning, regulation and development of infrastructure for the transmission of hydrogen over longer distances and storage, as well as adequate financial support for that infrastructure, should already be being undertaken in order to secure the deployment of hydrogen across many sectors; welcomes, in this regard, the future inclusion of hydrogen infrastructure in EU plans, such as the Ten-Year Network Development Plans; |
| --- | --- |

34.

Notes that, in parallel to the focus on industrial clusters in the first phase, the planning, regulation and development of infrastructure for the transmission of hydrogen over longer distances and storage, as well as adequate financial support for that infrastructure, should already be being undertaken in order to secure the deployment of hydrogen across many sectors; welcomes, in this regard, the future inclusion of hydrogen infrastructure in EU plans, such as the Ten-Year Network Development Plans;

| 35. | Stresses the importance of transparent, inclusive and science-based future infrastructure and integrated network planning with the guidance of public bodies like the European Union Agency for the Cooperation of Energy Regulators (ACER) and the participation of stakeholders and scientific bodies; suggests, in that regard, that cost-benefit calculations for the location of renewable hydrogen production, transport and storage infrastructure be made and that the need to build new ones be examined, in order to avoid stranded assets, make a positive impact on livelihoods and ecosystems and minimise costs for consumers, taking into account their specific needs; highlights the financial benefits of placing hydrogen production facilities close to renewable energy production sites or on the same site as demand facilities, especially for small-scale consumers and industrial clusters, and linking different demand sectors; also highlights the importance of cross-border cooperation between regions and Member States in order to support projects that would enhance security of supply by building an EU hydrogen backbone, which should ensure interconnection and interoperability across Member States; |
| --- | --- |

35.

Stresses the importance of transparent, inclusive and science-based future infrastructure and integrated network planning with the guidance of public bodies like the European Union Agency for the Cooperation of Energy Regulators (ACER) and the participation of stakeholders and scientific bodies; suggests, in that regard, that cost-benefit calculations for the location of renewable hydrogen production, transport and storage infrastructure be made and that the need to build new ones be examined, in order to avoid stranded assets, make a positive impact on livelihoods and ecosystems and minimise costs for consumers, taking into account their specific needs; highlights the financial benefits of placing hydrogen production facilities close to renewable energy production sites or on the same site as demand facilities, especially for small-scale consumers and industrial clusters, and linking different demand sectors; also highlights the importance of cross-border cooperation between regions and Member States in order to support projects that would enhance security of supply by building an EU hydrogen backbone, which should ensure interconnection and interoperability across Member States;

| 36. | Encourages the Commission and the Member States to make a science-based assessment of the possibility of repurposing existing gas pipelines for the transport of pure hydrogen and the underground storage of hydrogen, taking into account various factors, such as a cost-benefit analysis, from both techno-economic and regulatory perspectives, overall system integration and long-term cost efficiency; notes that repurposing appropriately located gas infrastructure that already exists or is under development could maximise cost efficiency, minimise land and resource use and investment costs and minimise the social impact; underlines that the repurposing of gas infrastructure can be relevant for the use of hydrogen in the priority sectors of emission-intensive industries, including connections between industrial sites and multimodal transport centres, keeping in mind the need to transport hydrogen through the most efficient means; urges the Commission and the Member States to ensure that any potential future gas infrastructure is compatible with pure hydrogen; calls on the Commission to assess where hydrogen blending is currently used and to scientifically assess its demand for meeting demonstrated industrial hydrogen needs, as well as its advantages and disadvantages, with a view to identifying infrastructure needs while avoiding stranded assets; |
| --- | --- |

36.

Encourages the Commission and the Member States to make a science-based assessment of the possibility of repurposing existing gas pipelines for the transport of pure hydrogen and the underground storage of hydrogen, taking into account various factors, such as a cost-benefit analysis, from both techno-economic and regulatory perspectives, overall system integration and long-term cost efficiency; notes that repurposing appropriately located gas infrastructure that already exists or is under development could maximise cost efficiency, minimise land and resource use and investment costs and minimise the social impact; underlines that the repurposing of gas infrastructure can be relevant for the use of hydrogen in the priority sectors of emission-intensive industries, including connections between industrial sites and multimodal transport centres, keeping in mind the need to transport hydrogen through the most efficient means; urges the Commission and the Member States to ensure that any potential future gas infrastructure is compatible with pure hydrogen; calls on the Commission to assess where hydrogen blending is currently used and to scientifically assess its demand for meeting demonstrated industrial hydrogen needs, as well as its advantages and disadvantages, with a view to identifying infrastructure needs while avoiding stranded assets;

| 37. | Underlines the necessity of regulating hydrogen infrastructure, in particular regarding its operation and connection to the energy network, and the need to uphold unbundling as a guiding principle for the design of hydrogen markets while taking into account that the hydrogen market still needs to be developed; stresses that unbundling plays a key role in ensuring that innovative new products are put on the energy market in the most cost-efficient manner; notes that any derogation from this regulatory principle in the medium term would come at an unnecessarily high cost to end consumers; calls on the Commission and the Member States to establish clear guidelines on the ownership of new and repurposed pipelines in order to provide planning security; |
| --- | --- |

37.

Underlines the necessity of regulating hydrogen infrastructure, in particular regarding its operation and connection to the energy network, and the need to uphold unbundling as a guiding principle for the design of hydrogen markets while taking into account that the hydrogen market still needs to be developed; stresses that unbundling plays a key role in ensuring that innovative new products are put on the energy market in the most cost-efficient manner; notes that any derogation from this regulatory principle in the medium term would come at an unnecessarily high cost to end consumers; calls on the Commission and the Member States to establish clear guidelines on the ownership of new and repurposed pipelines in order to provide planning security;

| 38. | Stresses the strategically essential role of multimodal maritime and inland ports as innovation pools and hubs for the import, production, storage, supply and utilisation of hydrogen; underlines the need for space for and investment in port infrastructure to promote the use of new zero- and low-emission technologies on national coasts and at ports, and to create an industrial value chain for hydrogen along multimodal transport corridors; |
| --- | --- |

38.

Stresses the strategically essential role of multimodal maritime and inland ports as innovation pools and hubs for the import, production, storage, supply and utilisation of hydrogen; underlines the need for space for and investment in port infrastructure to promote the use of new zero- and low-emission technologies on national coasts and at ports, and to create an industrial value chain for hydrogen along multimodal transport corridors;

Hydrogen demand

Hydrogen demand

| 39. | Acknowledges that the focus of hydrogen demand should be on sectors for which the use of hydrogen is close to being competitive or that currently cannot be decarbonised using other technological solutions; agrees with the Commission that the main lead markets for hydrogen demand are industry, air, maritime and heavy-duty transport; believes that, for these sectors, roadmaps for demand development, investment and research needs should be established at EU level, based on independent scientific studies, and in cooperation with social partners, taking into account the individual circumstances of Member States and regional differences with respect to hydrogen deployment, technology readiness and infrastructure; |
| --- | --- |

39.

Acknowledges that the focus of hydrogen demand should be on sectors for which the use of hydrogen is close to being competitive or that currently cannot be decarbonised using other technological solutions; agrees with the Commission that the main lead markets for hydrogen demand are industry, air, maritime and heavy-duty transport; believes that, for these sectors, roadmaps for demand development, investment and research needs should be established at EU level, based on independent scientific studies, and in cooperation with social partners, taking into account the individual circumstances of Member States and regional differences with respect to hydrogen deployment, technology readiness and infrastructure;

| 40. | Welcomes the Commission’s consideration of various options for incentives on the demand side; agrees with the Commission that demand-focused policies and clear incentives for the application and use of hydrogen in end-consumer sectors in order to trigger the demand for hydrogen — such as quotas for the use of renewable hydrogen in a limited number of specific sectors, European Investment Bank guarantees to reduce the initial risk of co-investments until they are cost-competitive, and financial tools, including Carbon Contracts for Difference (CCfD) for projects using renewable or low-carbon hydrogen — could be considered for a transitional period to promote decarbonisation through hydrogen where that is vital in order to preserve the competitiveness of end users; notes the need to ensure that the compensation remains proportionate and to avoid the duplication of subsidies for both production and use, the creation of artificial needs and undue market distortions; calls for the swift development of a pilot scheme for CCfD, in particular for clean steel; highlights that public procurement of sustainable solutions, such as green steel for construction or renovation, can also contribute to tangible and predictable demand; stresses that demand-focused policies should be consistent with other policy measures and subject to a thorough impact assessment to avoid negative effects on energy-intensive industries facing international competition; |
| --- | --- |

40.

Welcomes the Commission’s consideration of various options for incentives on the demand side; agrees with the Commission that demand-focused policies and clear incentives for the application and use of hydrogen in end-consumer sectors in order to trigger the demand for hydrogen — such as quotas for the use of renewable hydrogen in a limited number of specific sectors, European Investment Bank guarantees to reduce the initial risk of co-investments until they are cost-competitive, and financial tools, including Carbon Contracts for Difference (CCfD) for projects using renewable or low-carbon hydrogen — could be considered for a transitional period to promote decarbonisation through hydrogen where that is vital in order to preserve the competitiveness of end users; notes the need to ensure that the compensation remains proportionate and to avoid the duplication of subsidies for both production and use, the creation of artificial needs and undue market distortions; calls for the swift development of a pilot scheme for CCfD, in particular for clean steel; highlights that public procurement of sustainable solutions, such as green steel for construction or renovation, can also contribute to tangible and predictable demand; stresses that demand-focused policies should be consistent with other policy measures and subject to a thorough impact assessment to avoid negative effects on energy-intensive industries facing international competition;

| 41. | Notes that there are obstacles in some of the current regulatory frameworks to the use of hydrogen; encourages the Commission and the Member States to adapt those regulatory frameworks in order to stimulate hydrogen demand and to eliminate disincentives such as legal uncertainties; |
| --- | --- |

41.

Notes that there are obstacles in some of the current regulatory frameworks to the use of hydrogen; encourages the Commission and the Member States to adapt those regulatory frameworks in order to stimulate hydrogen demand and to eliminate disincentives such as legal uncertainties;

| 42. | Urges the Commission to promote lead markets for renewable hydrogen technologies and their use for climate-neutral production — especially in the steel, cement and chemical industries — as part of the update and implementation of the New Industrial Strategy for Europe; calls on the Commission to assess the option of recognising steel produced with renewable hydrogen as a positive contribution to meeting fleet-wide CO2 emission reduction targets; further urges the Commission to soon come forward with an EU strategy for clean steel, which should include an appropriate focus on the use of renewable hydrogen; |
| --- | --- |

42.

Urges the Commission to promote lead markets for renewable hydrogen technologies and their use for climate-neutral production — especially in the steel, cement and chemical industries — as part of the update and implementation of the New Industrial Strategy for Europe; calls on the Commission to assess the option of recognising steel produced with renewable hydrogen as a positive contribution to meeting fleet-wide CO2

| 43. | Recalls that the transport sector is responsible for a quarter of CO2 emissions in the EU and is the only sector where emissions have not been reduced compared to the 1990 baseline; underlines the potential of hydrogen to be one of the instruments used to reduce CO2 emissions in transport modes, in particular where full electrification is more difficult or not yet possible; stresses that the deployment of refuelling infrastructure is necessary to boost hydrogen use in the transport sector; underlines, in that regard, the importance of revising the TEN-T (trans-European transport network) Regulation (20) and the Alternative Fuels Infrastructure Directive to ensure the availability of publicly accessible hydrogen refuelling stations across the EU by including concrete objectives to integrate hydrogen infrastructure in transport systems; welcomes the Commission’s intention to develop hydrogen refuelling infrastructure under the Sustainable and Smart Mobility Strategy and to review the Alternative Fuels Infrastructure Directive; further underlines the need to create synergies between TEN-T, TEN-E and alternative fuel strategies, leading to a phased deployment of hydrogen filling stations accompanied by the essential technical requirements and harmonised standards based on a risk assessment; |
| --- | --- |

43.

Recalls that the transport sector is responsible for a quarter of CO2

2

20

| 44. | Underlines that hydrogen’s characteristics make it a good candidate to replace fossil fuels and reduce greenhouse gas emissions for certain types of transport; stresses that the use of hydrogen in its pure form or as a synthetic fuel or biokerosene is a key factor in the substitution of fossil kerosene for aviation; further underlines that hydrogen is, to a limited extent, already used in the transport sector, in particular in road transport, public transport and specific segments of the railway sector, especially where electrification of the line is not economically feasible; stresses that stronger legislation is needed to incentivise the use of zero-emission fuels, as well as other clean technologies, including renewable hydrogen, and, once they are fully available, possibly to start using them in heavy-duty vehicles and for aviation and maritime transport; |
| --- | --- |

44.

Underlines that hydrogen’s characteristics make it a good candidate to replace fossil fuels and reduce greenhouse gas emissions for certain types of transport; stresses that the use of hydrogen in its pure form or as a synthetic fuel or biokerosene is a key factor in the substitution of fossil kerosene for aviation; further underlines that hydrogen is, to a limited extent, already used in the transport sector, in particular in road transport, public transport and specific segments of the railway sector, especially where electrification of the line is not economically feasible; stresses that stronger legislation is needed to incentivise the use of zero-emission fuels, as well as other clean technologies, including renewable hydrogen, and, once they are fully available, possibly to start using them in heavy-duty vehicles and for aviation and maritime transport;

| 45. | Calls on the Commission to increase research and investment within the framework of the Sustainable and Smart Mobility Strategy and to assess whether the Renewable Energy Directive needs to be revised in order to ensure a level playing field for all renewable energy solutions in transport; |
| --- | --- |

45.

Calls on the Commission to increase research and investment within the framework of the Sustainable and Smart Mobility Strategy and to assess whether the Renewable Energy Directive needs to be revised in order to ensure a level playing field for all renewable energy solutions in transport;

Research, development, innovation and financing

Research, development, innovation and financing

| 46. | Stresses the importance of research, development and innovation along the whole value chain and of carrying out demonstration projects on an industrial scale, including pilot projects, and of their market uptake, in making renewable hydrogen competitive and affordable and in completing the integration of the energy system, while ensuring geographical balance with a special focus on carbon-intensive regions; calls on the Commission to stimulate research and innovation efforts relating to the implementation of large-scale high-impact projects in order to secure technology transfer throughout the hydrogen value chain; welcomes in this regard the launch of mobility laboratories in EU cities to promote sustainable public transport experiments based on the use of alternative fuels and encourages the inclusion of hydrogen as one of the fuels to be used to carry out these experiments; |
| --- | --- |

46.

Stresses the importance of research, development and innovation along the whole value chain and of carrying out demonstration projects on an industrial scale, including pilot projects, and of their market uptake, in making renewable hydrogen competitive and affordable and in completing the integration of the energy system, while ensuring geographical balance with a special focus on carbon-intensive regions; calls on the Commission to stimulate research and innovation efforts relating to the implementation of large-scale high-impact projects in order to secure technology transfer throughout the hydrogen value chain; welcomes in this regard the launch of mobility laboratories in EU cities to promote sustainable public transport experiments based on the use of alternative fuels and encourages the inclusion of hydrogen as one of the fuels to be used to carry out these experiments;

| 47. | Underlines that significant amounts of money need to be invested to develop and increase the production capacity of renewable hydrogen, make it competitive and foster hydrogen solutions that are often still at the early stages of development, which would also require de-risking renewable hydrogen investments, for example through CfD (Contracts for Difference); stresses that EU programmes and financing instruments such as the Recovery and Resilience Facility, Horizon Europe, the Connecting Europe Facility, InvestEU, including the new strategic EU investment window, the European Regional Development Fund, the Cohesion Fund, the Just Transition Fund and the ETS Innovation Fund have a key role to play in fostering the cohesive development of a hydrogen economy across the EU; stresses furthermore the important role of local and regional public-private partnerships in boosting the development and uptake of hydrogen; |
| --- | --- |

47.

Underlines that significant amounts of money need to be invested to develop and increase the production capacity of renewable hydrogen, make it competitive and foster hydrogen solutions that are often still at the early stages of development, which would also require de-risking renewable hydrogen investments, for example through CfD (Contracts for Difference); stresses that EU programmes and financing instruments such as the Recovery and Resilience Facility, Horizon Europe, the Connecting Europe Facility, InvestEU, including the new strategic EU investment window, the European Regional Development Fund, the Cohesion Fund, the Just Transition Fund and the ETS Innovation Fund have a key role to play in fostering the cohesive development of a hydrogen economy across the EU; stresses furthermore the important role of local and regional public-private partnerships in boosting the development and uptake of hydrogen;

| 48. | Stresses the need to make sure there are synergies between all available investment funds, programmes and financial instruments, in order to ensure cooperation between the public and the private sector for investments in a wide range of projects; notes with concern the decrease in research and innovation investments in clean energy technologies, as demonstrated by the 2020 report on the State of the Energy Union; |
| --- | --- |

48.

Stresses the need to make sure there are synergies between all available investment funds, programmes and financial instruments, in order to ensure cooperation between the public and the private sector for investments in a wide range of projects; notes with concern the decrease in research and innovation investments in clean energy technologies, as demonstrated by the 2020 report on the State of the Energy Union;

| 49. | Calls on the Commission to develop a coordinated renewable energy and hydrogen investment strategy aligned with national research and innovation strategies, taking into account the different starting points of the Member States; |
| --- | --- |

49.

Calls on the Commission to develop a coordinated renewable energy and hydrogen investment strategy aligned with national research and innovation strategies, taking into account the different starting points of the Member States;

| 50. | Calls on the Commission to put an emphasis on the significant role of SMEs in that strategy; stresses the need to include regulatory safeguards and to ensure access to finance and innovation assets, such as incubators and joint research projects, so that start-ups and SMEs can take root in the hydrogen industry; calls on the Commission to ensure equal market access and facilitation of market entry for such undertakings and to promote their participation, inter alia by proactively appointing them for round tables and including them in public consultation processes; calls on the Commission to estimate the needs of SMEs and the costs of decarbonising their production processes and energy supply through hydrogen, and to monitor their progress using a suitable set of key performance indicators in order to contribute to evidence-based policymaking; |
| --- | --- |

50.

Calls on the Commission to put an emphasis on the significant role of SMEs in that strategy; stresses the need to include regulatory safeguards and to ensure access to finance and innovation assets, such as incubators and joint research projects, so that start-ups and SMEs can take root in the hydrogen industry; calls on the Commission to ensure equal market access and facilitation of market entry for such undertakings and to promote their participation, inter alia by proactively appointing them for round tables and including them in public consultation processes; calls on the Commission to estimate the needs of SMEs and the costs of decarbonising their production processes and energy supply through hydrogen, and to monitor their progress using a suitable set of key performance indicators in order to contribute to evidence-based policymaking;

| 51. | Emphasises that the EU is a leader in the manufacturing of electrolysers and needs to maintain and advance this competitive edge; believes that EU research and development efforts should focus on a wide range of potential new renewable hydrogen sources and technologies, such as hydrogen from photosynthesis, algae or electrolysers with sea water, in order to raise technology readiness levels; |
| --- | --- |

51.

Emphasises that the EU is a leader in the manufacturing of electrolysers and needs to maintain and advance this competitive edge; believes that EU research and development efforts should focus on a wide range of potential new renewable hydrogen sources and technologies, such as hydrogen from photosynthesis, algae or electrolysers with sea water, in order to raise technology readiness levels;

| 52. | Welcomes the European Clean Hydrogen Alliance (the Alliance), other renewable hydrogen initiatives and associations, the European Hydrogen Forum, and the important projects of common European interest (IPCEIs), as important means to enhance investment in renewable hydrogen; encourages the Member States, the Commission and economic operators to rapidly unlock the potential of IPCEIs in order to support projects of relevance for the EU hydrogen economy; calls for a pragmatic approach to facilitate the approval of these projects; also welcomes the Commission’s plan to revise the State aid guidelines for environmental protection and energy to facilitate the production of hydrogen and its rapid market uptake; |
| --- | --- |

52.

Welcomes the European Clean Hydrogen Alliance (the Alliance), other renewable hydrogen initiatives and associations, the European Hydrogen Forum, and the important projects of common European interest (IPCEIs), as important means to enhance investment in renewable hydrogen; encourages the Member States, the Commission and economic operators to rapidly unlock the potential of IPCEIs in order to support projects of relevance for the EU hydrogen economy; calls for a pragmatic approach to facilitate the approval of these projects; also welcomes the Commission’s plan to revise the State aid guidelines for environmental protection and energy to facilitate the production of hydrogen and its rapid market uptake;

| 53. | Encourages the Alliance to come up, in cooperation with the Fuel Cells and Hydrogen Joint Undertaking (FCH JU), with an investment agenda and a project pipeline that can ensure the implementation of the hydrogen goals as soon as possible; underlines that the Alliance should focus on the development of renewable hydrogen and commit clearly to achieving the EU 2030 and 2050 climate targets; stresses that the Alliance should also ensure a balanced representation of all relevant EU stakeholders including renewable energy producers, scientists, independent experts, think tanks, environmental NGOs and social partners; stresses that the Alliance’s decision-making procedure should be improved with regard to transparency and inclusiveness, and that this process should be led by the Commission and supported by an independent body of scientific experts, and aim to define the transition pathways and provide guidance for hydrogen needs; notes the current delays in implementing the work of the Alliance and urges the Commission to speed up the process; |
| --- | --- |

53.

Encourages the Alliance to come up, in cooperation with the Fuel Cells and Hydrogen Joint Undertaking (FCH JU), with an investment agenda and a project pipeline that can ensure the implementation of the hydrogen goals as soon as possible; underlines that the Alliance should focus on the development of renewable hydrogen and commit clearly to achieving the EU 2030 and 2050 climate targets; stresses that the Alliance should also ensure a balanced representation of all relevant EU stakeholders including renewable energy producers, scientists, independent experts, think tanks, environmental NGOs and social partners; stresses that the Alliance’s decision-making procedure should be improved with regard to transparency and inclusiveness, and that this process should be led by the Commission and supported by an independent body of scientific experts, and aim to define the transition pathways and provide guidance for hydrogen needs; notes the current delays in implementing the work of the Alliance and urges the Commission to speed up the process;

| 54. | Welcomes the renewal of the FCH JU under Horizon Europe; stresses the importance of its work and asks the Commission to use it as a competence centre for hydrogen and provide it with sufficient financial resources to play its role in delivering the European Green Deal objectives; highlights that it should promote research and development activities across the value chain in order to ensure cost-efficient use of funding for hydrogen and better coordination; underlines that it should carry out synergies with the joint undertakings in the transport sector in order to promote adequate integration between hydrogen technology and transport infrastructure and services; calls on the Commission to make use of the experience gained through the FCH JU and to incentivise further research into fuel cell and hydrogen energy technologies; |
| --- | --- |

54.

Welcomes the renewal of the FCH JU under Horizon Europe; stresses the importance of its work and asks the Commission to use it as a competence centre for hydrogen and provide it with sufficient financial resources to play its role in delivering the European Green Deal objectives; highlights that it should promote research and development activities across the value chain in order to ensure cost-efficient use of funding for hydrogen and better coordination; underlines that it should carry out synergies with the joint undertakings in the transport sector in order to promote adequate integration between hydrogen technology and transport infrastructure and services; calls on the Commission to make use of the experience gained through the FCH JU and to incentivise further research into fuel cell and hydrogen energy technologies;

| 55. | Requests the Commission to assess the potential inclusion of hydrogen deployment in the general objectives of the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) in line with the priorities of Horizon Europe, in order to strengthen research and innovation capacities and to develop knowledge and common innovative solutions across the Mediterranean region; |
| --- | --- |

55.

Requests the Commission to assess the potential inclusion of hydrogen deployment in the general objectives of the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) in line with the priorities of Horizon Europe, in order to strengthen research and innovation capacities and to develop knowledge and common innovative solutions across the Mediterranean region;

International cooperation on hydrogen

International cooperation on hydrogen

| 56. | Emphasises that the EU’s leading role in the production of hydrogen technologies presents an opportunity to promote EU industrial leadership and innovation on a global level while reinforcing the EU’s role as a global climate leader; stresses that priority should be given to building a hydrogen supply chain in the EU to foster first mover advantages, industrial competitiveness and security of energy supply; underlines, in that regard, the goal of increasing domestic hydrogen production, while acknowledging that Member States may also, in accordance with their needs, explore the possibility of importing energy, hydrogen and hydrogen pre-products from neighbouring regions and non-EU countries, to cater for increasing domestic demand for hydrogen; |
| --- | --- |

56.

Emphasises that the EU’s leading role in the production of hydrogen technologies presents an opportunity to promote EU industrial leadership and innovation on a global level while reinforcing the EU’s role as a global climate leader; stresses that priority should be given to building a hydrogen supply chain in the EU to foster first mover advantages, industrial competitiveness and security of energy supply; underlines, in that regard, the goal of increasing domestic hydrogen production, while acknowledging that Member States may also, in accordance with their needs, explore the possibility of importing energy, hydrogen and hydrogen pre-products from neighbouring regions and non-EU countries, to cater for increasing domestic demand for hydrogen;

| 57. | Calls, therefore, on the Commission and the Member States to engage in an open and constructive dialogue in order to establish mutually beneficial cooperation and partnerships with neighbouring regions, such as North Africa, the Middle East and the Eastern Partnership countries, safeguarding the EU’s strategic interests and the energy security of both the EU and its partners; underlines that this cooperation would be beneficial for creating clean and new technology markets through the transfer of knowledge, enhancing the transition to renewable energy and achieving the UN Sustainable Development Goals; stresses the need to avoid the relocation of environmental impacts, including greenhouse gas emissions, and any delay in the decarbonisation of the power grid in non-EU countries; |
| --- | --- |

57.

Calls, therefore, on the Commission and the Member States to engage in an open and constructive dialogue in order to establish mutually beneficial cooperation and partnerships with neighbouring regions, such as North Africa, the Middle East and the Eastern Partnership countries, safeguarding the EU’s strategic interests and the energy security of both the EU and its partners; underlines that this cooperation would be beneficial for creating clean and new technology markets through the transfer of knowledge, enhancing the transition to renewable energy and achieving the UN Sustainable Development Goals; stresses the need to avoid the relocation of environmental impacts, including greenhouse gas emissions, and any delay in the decarbonisation of the power grid in non-EU countries;

| 58. | Emphasises that international cooperation on hydrogen with non-EU countries, in particular with the UK, the European Economic Area, the Energy Community and the US, established on the basis of mutually respected rules and principles such as third-party access, ownership unbundling, transparency and non-discriminatory tariffs, should be further developed in order to strengthen the internal market and energy security; stresses that cooperation should be avoided with non-EU countries that are subject to EU restrictive measures, such as economic sanctions, and with those that do not guarantee compliance with safety, environmental standards and transparency requirements, or where this cooperation would undermine the security of the EU and the Member States; |
| --- | --- |

58.

Emphasises that international cooperation on hydrogen with non-EU countries, in particular with the UK, the European Economic Area, the Energy Community and the US, established on the basis of mutually respected rules and principles such as third-party access, ownership unbundling, transparency and non-discriminatory tariffs, should be further developed in order to strengthen the internal market and energy security; stresses that cooperation should be avoided with non-EU countries that are subject to EU restrictive measures, such as economic sanctions, and with those that do not guarantee compliance with safety, environmental standards and transparency requirements, or where this cooperation would undermine the security of the EU and the Member States;

| 59. | Stresses that the EU should promote its hydrogen standards and sustainability criteria internationally; calls in this regard for the development of international standards and the setting up of common definitions and methodologies for defining overall emissions from each unit of hydrogen produced, as well as international sustainability criteria as a prerequisite for any hydrogen import and imports of pre-hydrogen products; emphasises that, in order to avoid any carbon leakage, all hydrogen imports should be certified in the same way as EU-produced hydrogen, including production and transportation, and should be consistent with the future carbon border adjustment mechanism of the European Union; also calls on the Commission and the Member States to invest in the necessary infrastructure and the transformation of existing infrastructure at ports and in cross-border connections for the import of renewable hydrogen; encourages the Commission to promote the role of the euro as the reference currency in the international trade of hydrogen; |
| --- | --- |

59.

Stresses that the EU should promote its hydrogen standards and sustainability criteria internationally; calls in this regard for the development of international standards and the setting up of common definitions and methodologies for defining overall emissions from each unit of hydrogen produced, as well as international sustainability criteria as a prerequisite for any hydrogen import and imports of pre-hydrogen products; emphasises that, in order to avoid any carbon leakage, all hydrogen imports should be certified in the same way as EU-produced hydrogen, including production and transportation, and should be consistent with the future carbon border adjustment mechanism of the European Union; also calls on the Commission and the Member States to invest in the necessary infrastructure and the transformation of existing infrastructure at ports and in cross-border connections for the import of renewable hydrogen; encourages the Commission to promote the role of the euro as the reference currency in the international trade of hydrogen;

| 60. | Considers that hydrogen should become an element of the EU’s international cooperation, inter alia within the framework of the International Renewable Energy Agency’s (IRENA’s) work, research cooperation, climate and energy diplomacy and the European Neighbourhood Policy; |
| --- | --- |

60.

Considers that hydrogen should become an element of the EU’s international cooperation, inter alia within the framework of the International Renewable Energy Agency’s (IRENA’s) work, research cooperation, climate and energy diplomacy and the European Neighbourhood Policy;

The role of hydrogen in an integrated energy system

The role of hydrogen in an integrated energy system

| 61. | Underlines the need for an integrated energy system in order to achieve climate neutrality by 2050 at the latest and reach the goals of the Paris Agreement; welcomes in that regard the inclusion of hydrogen in the Commission’s Strategy for Energy System Integration; believes that the integration of energy sectors and carriers as well as the coherent planning of the electricity, heat, gas and hydrogen networks is beneficial for sustainability, energy transition and a well-functioning hydrogen and energy market; considers that more emphasis needs to be placed on innovative projects combining the production and recovery of electricity, hydrogen and heat; |
| --- | --- |

61.

Underlines the need for an integrated energy system in order to achieve climate neutrality by 2050 at the latest and reach the goals of the Paris Agreement; welcomes in that regard the inclusion of hydrogen in the Commission’s Strategy for Energy System Integration; believes that the integration of energy sectors and carriers as well as the coherent planning of the electricity, heat, gas and hydrogen networks is beneficial for sustainability, energy transition and a well-functioning hydrogen and energy market; considers that more emphasis needs to be placed on innovative projects combining the production and recovery of electricity, hydrogen and heat;

| 62. | Notes that the development of the hydrogen economy can contribute to reducing imbalances in the energy system as a whole; reiterates that hydrogen can play a key role in terms of storing energy to compensate for fluctuations in renewable energy supply and demand; stresses, therefore, that the development of hydrogen transport and storage infrastructure must be planned, anticipating the need to develop energy production facilities in order to ensure technical and economic optimisation; |
| --- | --- |

62.

Notes that the development of the hydrogen economy can contribute to reducing imbalances in the energy system as a whole; reiterates that hydrogen can play a key role in terms of storing energy to compensate for fluctuations in renewable energy supply and demand; stresses, therefore, that the development of hydrogen transport and storage infrastructure must be planned, anticipating the need to develop energy production facilities in order to ensure technical and economic optimisation;

| 63. | Highlights that an ambitious and timely strategy for energy storage through the use of hydrogen in innovative industrial and mobility solutions is required; notes, however, that the use of hydrogen for energy storage is not competitive yet due to high production costs and that energy losses associated with energy storage by means of hydrogen are currently estimated to be around 60 % on a so-called round trip; thus underlines once again the need to bring down costs for renewable hydrogen production and to promote a level playing field for flexibility and balancing solutions across the energy system; therefore encourages the Commission to analyse options and capacities for hydrogen storage; notes that hydrogen storage might be subject to conflicting regulatory regimes, namely those relating to gas and electricity storage, and therefore highlights the need to also clarify this aspect in the relevant legislation; |
| --- | --- |

63.

Highlights that an ambitious and timely strategy for energy storage through the use of hydrogen in innovative industrial and mobility solutions is required; notes, however, that the use of hydrogen for energy storage is not competitive yet due to high production costs and that energy losses associated with energy storage by means of hydrogen are currently estimated to be around 60 % on a so-called round trip; thus underlines once again the need to bring down costs for renewable hydrogen production and to promote a level playing field for flexibility and balancing solutions across the energy system; therefore encourages the Commission to analyse options and capacities for hydrogen storage; notes that hydrogen storage might be subject to conflicting regulatory regimes, namely those relating to gas and electricity storage, and therefore highlights the need to also clarify this aspect in the relevant legislation;

o

o o

| 64. | Instructs its President to forward this resolution to all EU institutions and Member States. |
| --- | --- |

64.

Instructs its President to forward this resolution to all EU institutions and Member States.

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(1)  OJ C 324, 1.10.2020, p. 41.

1

(2)  OJ L 328, 21.12.2018, p. 82.

2

(3)  OJ L 328, 21.12.2018, p. 1.

3

(4)  OJ L 307, 28.10.2014, p. 1.

4

(5)  OJ L 169, 7.6.2014, p. 108.

5

(6)  OJ L 115, 25.4.2013, p. 39.

6

(7)  OJ L 348, 20.12.2013, p. 129.

7

(8)  OJ L 275, 25.10.2003, p. 32.

8

(9)  Texts adopted, P9_TA(2020)0198.

9

(10)  Texts adopted, P9_TA(2020)0199.

10

(11)  Texts adopted, P9_TA(2020)0005.

11

(12)  Texts adopted, P9_TA(2019)0078.

12

(13)  OJ C 23, 21.1.2021, p. 116.

13

(14)  OJ C 345, 16.10.2020, p. 80.

14

(15)  OJ C 463, 21.12.2018, p. 10.

15

(16)  According to the Commission, ‘clean hydrogen’ refers to hydrogen produced through electrolysis of water with electricity from renewable sources. It may also be produced through the reforming of biogas or the biochemical conversion of biomass, if the process is compliant with sustainability requirements.

16

(17)  According to the Commission, ‘low-carbon hydrogen’ encompasses fossil-based hydrogen with carbon capture and electricity-based hydrogen, with significantly reduced full life cycle greenhouse gas emissions compared to hydrogen produced using existing methods.

17

(18)  Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283, 31.10.2003, p. 51).

18

(19)  Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).

19

(20)  Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).

20

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| 12.1.2022 | EN | Official Journal of the European Union | C 15/70 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/70

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P9_TA(2021)0242

Human rights protection and the EU external migration policy

European Parliament resolution of 19 May 2021 on human rights protection and the EU external migration policy (2020/2116(INI))

(2022/C 15/07)

The European Parliament,

| — | having regard to the Universal Declaration of Human Rights of 1948, and in particular Articles 13 and 14 thereof, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights of 1948, and in particular Articles 13 and 14 thereof,

| — | having regard to the Convention Relating to the Status of Refugees of 1951 and the additional protocol thereto, |
| --- | --- |

—

having regard to the Convention Relating to the Status of Refugees of 1951 and the additional protocol thereto,

| — | having regard to the International Covenant on Civil and Political Rights of 1966 and to the International Covenant on Economic, Social and Cultural Rights of 1966 and their additional protocols, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights of 1966 and to the International Covenant on Economic, Social and Cultural Rights of 1966 and their additional protocols,

| — | having regard to the International Convention on the Elimination of All Forms of Racial Discrimination of 1966, |
| --- | --- |

—

having regard to the International Convention on the Elimination of All Forms of Racial Discrimination of 1966,

| — | having regard to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984, in particular Article 3 thereof, and to the additional protocol thereto, |
| --- | --- |

—

having regard to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984, in particular Article 3 thereof, and to the additional protocol thereto,

| — | having regard to the Convention on the Rights of the Child of 1989 and the additional protocols thereto, |
| --- | --- |

—

having regard to the Convention on the Rights of the Child of 1989 and the additional protocols thereto,

| — | having regard to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990, |
| --- | --- |

—

having regard to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990,

| — | having regard to the International Convention for the Protection of All Persons from Enforced Disappearance, |
| --- | --- |

—

having regard to the International Convention for the Protection of All Persons from Enforced Disappearance,

| — | having regard to the UN Palermo Protocols on Human Trafficking and Migrant Smuggling, |
| --- | --- |

—

having regard to the UN Palermo Protocols on Human Trafficking and Migrant Smuggling,

| — | having regard to the Rome Statute of the International Criminal Court, |
| --- | --- |

—

having regard to the Rome Statute of the International Criminal Court,

| — | having regard to the report of the United Nations Secretary-General of 3 August 2015 on the promotion and protection of human rights, including ways and means to promote the human rights of migrants, |
| --- | --- |

—

having regard to the report of the United Nations Secretary-General of 3 August 2015 on the promotion and protection of human rights, including ways and means to promote the human rights of migrants,

| — | having regard to UN General Assembly Resolution 71/1 of 19 September 2016 on the New York Declaration for Refugees and Migrants, |
| --- | --- |

—

having regard to UN General Assembly Resolution 71/1 of 19 September 2016 on the New York Declaration for Refugees and Migrants,

| — | having regard to UN General Assembly Resolution 72/179 of 19 December 2017 on the protection of migrants, |
| --- | --- |

—

having regard to UN General Assembly Resolution 72/179 of 19 December 2017 on the protection of migrants,

| — | having regard to the work of various international human rights mechanisms, including the reports of the UN Special Rapporteur on the human rights of migrants, notably his follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants of 8 May 2015, and the report on the right to freedom of association of migrants of May 2020, and of other Special Rapporteurs, to the Universal Periodic Review and to the work of other treaty bodies, |
| --- | --- |

—

having regard to the work of various international human rights mechanisms, including the reports of the UN Special Rapporteur on the human rights of migrants, notably his follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants of 8 May 2015, and the report on the right to freedom of association of migrants of May 2020, and of other Special Rapporteurs, to the Universal Periodic Review and to the work of other treaty bodies,

| — | having regard to the work and reports of the Office of the High Commissioner on Human Rights (OHCHR), including the Recommended Principles and Guidelines on Human Rights at International Borders and the Report on the Situation of Migrants in Transit, |
| --- | --- |

—

having regard to the work and reports of the Office of the High Commissioner on Human Rights (OHCHR), including the Recommended Principles and Guidelines on Human Rights at International Borders and the Report on the Situation of Migrants in Transit,

| — | having regard to the Global Compact for Safe, Orderly and Regular Migration and the Global Compact on Refugees, adopted by the UN General Assembly in 2018, |
| --- | --- |

—

having regard to the Global Compact for Safe, Orderly and Regular Migration and the Global Compact on Refugees, adopted by the UN General Assembly in 2018,

| — | having regard to the Joint Guidance Note on the Impacts of the COVID-19 Pandemic on the Human Rights of Migrants of 26 May 2020 by the UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families and the UN Special Rapporteur on the human rights of migrants, |
| --- | --- |

—

having regard to the Joint Guidance Note on the Impacts of the COVID-19 Pandemic on the Human Rights of Migrants of 26 May 2020 by the UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families and the UN Special Rapporteur on the human rights of migrants,

| — | having regard to the Dhaka Principles for Migration with Dignity, |
| --- | --- |

—

having regard to the Dhaka Principles for Migration with Dignity,

| — | having regard to Article 21 of the Treaty on European Union (TEU), |
| --- | --- |

—

having regard to Article 21 of the Treaty on European Union (TEU),

| — | having regard to Articles 79 and 80 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 79 and 80 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’), |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’),

| — | having regard to Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (1), |
| --- | --- |

—

having regard to Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (1),

| — | having regard to the relevant reports of the European Union Agency for Fundamental Rights, |
| --- | --- |

—

having regard to the relevant reports of the European Union Agency for Fundamental Rights,

| — | having regard to the New Pact on Migration and Asylum proposed by the Commission on 23 September 2020, |
| --- | --- |

—

having regard to the New Pact on Migration and Asylum proposed by the Commission on 23 September 2020,

| — | having regard to the Council conclusions on the EU Action Plan on Human Rights and Democracy 2020-2024, and the annexed EU Action Plan on Human Rights and Democracy 2020-2024, as agreed by the Council on 17 November 2020, |
| --- | --- |

—

having regard to the Council conclusions on the EU Action Plan on Human Rights and Democracy 2020-2024, and the annexed EU Action Plan on Human Rights and Democracy 2020-2024, as agreed by the Council on 17 November 2020,

| — | having regard to the Commission’s Joint Communication to the European Parliament and the Council of 25 March 2020 entitled ‘EU Action Plan on Human Rights and Democracy for 2020-2024’ (JOIN(2020)0005), |
| --- | --- |

—

having regard to the Commission’s Joint Communication to the European Parliament and the Council of 25 March 2020 entitled ‘EU Action Plan on Human Rights and Democracy for 2020-2024’ (JOIN(2020)0005),

| — | having regard to the Commission communication of 18 November 2011 on the Global Approach to Migration and Mobility (GAMM) (COM(2011)0743), |
| --- | --- |

—

having regard to the Commission communication of 18 November 2011 on the Global Approach to Migration and Mobility (GAMM) (COM(2011)0743),

| — | having regard to the Commission communication of 7 June 2016 on establishing a new Partnership Framework with third countries under the European Agenda on Migration (COM(2016)0385), |
| --- | --- |

—

having regard to the Commission communication of 7 June 2016 on establishing a new Partnership Framework with third countries under the European Agenda on Migration (COM(2016)0385),

| — | having regard to the Commission Staff Working Document of 30 April 2014 on a rights-based approach, encompassing all human rights for EU development cooperation (SWD(2014)0152), |
| --- | --- |

—

having regard to the Commission Staff Working Document of 30 April 2014 on a rights-based approach, encompassing all human rights for EU development cooperation (SWD(2014)0152),

| — | having regard to the Commission communication of 23 September 2020 on a New Pact on Migration and Asylum (COM(2020)0609), |
| --- | --- |

—

having regard to the Commission communication of 23 September 2020 on a New Pact on Migration and Asylum (COM(2020)0609),

| — | having regard to the Malta Declaration by the members of the European Council on the external aspects of migration: addressing the Central Mediterranean route, of 3 February 2017, |
| --- | --- |

—

having regard to the Malta Declaration by the members of the European Council on the external aspects of migration: addressing the Central Mediterranean route, of 3 February 2017,

| — | having regard to the Joint Communication to the European Parliament and the Council of 25 November 2020 on the Gender Action Plan III: an ambitious vision on gender equality and women’s empowerment for EU external action (SWD(2020)0284), |
| --- | --- |

—

having regard to the Joint Communication to the European Parliament and the Council of 25 November 2020 on the Gender Action Plan III: an ambitious vision on gender equality and women’s empowerment for EU external action (SWD(2020)0284),

| — | having regard to the Joint Communication to the European Parliament and the Council of 9 March 2020 entitled ‘Towards a comprehensive Strategy with Africa’ (JOIN(2020)0004), |
| --- | --- |

—

having regard to the Joint Communication to the European Parliament and the Council of 9 March 2020 entitled ‘Towards a comprehensive Strategy with Africa’ (JOIN(2020)0004),

| — | having regard to the Joint Way Forward agreement on migration issues between Afghanistan and the EU, signed on 3 October 2016, |
| --- | --- |

—

having regard to the Joint Way Forward agreement on migration issues between Afghanistan and the EU, signed on 3 October 2016,

| — | having regard to the EU-Turkey statement of 18 March 2016, |
| --- | --- |

—

having regard to the EU-Turkey statement of 18 March 2016,

| — | having regard to other informal arrangements, in particular those with The Gambia (Good Practices on Identification and Return, which entered into force on 16 November 2018), Bangladesh (Standard Operating Procedures, agreed in September 2017), Ethiopia (Admission Procedures, agreed on 5 February 2018), Guinea (Good Practices, in force since July 2017) and Côte d’Ivoire (Good Practices, in force since October 2018), |
| --- | --- |

—

having regard to other informal arrangements, in particular those with The Gambia (Good Practices on Identification and Return, which entered into force on 16 November 2018), Bangladesh (Standard Operating Procedures, agreed in September 2017), Ethiopia (Admission Procedures, agreed on 5 February 2018), Guinea (Good Practices, in force since July 2017) and Côte d’Ivoire (Good Practices, in force since October 2018),

| — | having regard to its previous resolutions on migration-related issues, in particular those of 25 October 2016 on human rights and migration in third countries (2), of 17 December 2014 on the situation in the Mediterranean and the need for a holistic EU approach to migration (3), of 29 April 2015 on the latest tragedies in the Mediterranean and EU migration and asylum policies (4), and of 12 April 2016 on the situation in the Mediterranean and the need of a holistic EU approach to migration (5), |
| --- | --- |

—

having regard to its previous resolutions on migration-related issues, in particular those of 25 October 2016 on human rights and migration in third countries (2), of 17 December 2014 on the situation in the Mediterranean and the need for a holistic EU approach to migration (3), of 29 April 2015 on the latest tragedies in the Mediterranean and EU migration and asylum policies (4), and of 12 April 2016 on the situation in the Mediterranean and the need of a holistic EU approach to migration (5),

| — | having regard to its resolution of 5 July 2016 on the fight against trafficking in human beings in the EU’s external relations (6), |
| --- | --- |

—

having regard to its resolution of 5 July 2016 on the fight against trafficking in human beings in the EU’s external relations (6),

| — | having regard to various reports by civil society organisations on the human rights situation of migrants, |
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—

having regard to various reports by civil society organisations on the human rights situation of migrants,

| — | having regard to the Commission communication of 23 September 2020 entitled ‘Commission Guidance on the implementation of EU rules on definition and prevention of the facilitation of unauthorised entry, transit and residence’ (C(2020)6470), |
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—

having regard to the Commission communication of 23 September 2020 entitled ‘Commission Guidance on the implementation of EU rules on definition and prevention of the facilitation of unauthorised entry, transit and residence’ (C(2020)6470),

| — | having regard to its resolution of 25 November 2020 on improving development effectiveness and the efficiency of aid (7), |
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—

having regard to its resolution of 25 November 2020 on improving development effectiveness and the efficiency of aid (7),

| — | having regard to Rule 54 of its Rules of Procedure, |
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—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on Development and the Committee on Civil Liberties, Justice and Home Affairs, |
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—

having regard to the opinions of the Committee on Development and the Committee on Civil Liberties, Justice and Home Affairs,

| — | having regard to the report of the Committee on Foreign Affairs (A9-0060/2021), |
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—

having regard to the report of the Committee on Foreign Affairs (A9-0060/2021),

| A. | whereas migration is a global phenomenon amplified by globalisation, rising conflicts, inequalities, climate change and environmental degradation; whereas gradual, normative development within the modern international human rights framework of the rights of refugees and migrants, independently of their legal status, represents a source of progress and collective pride for humanity; whereas, however, migrants, and in particular forcibly displaced persons, remain among the most vulnerable and disadvantaged groups worldwide and continue to face violations of their rights; whereas women, children, elderly and people with disabilities are among the most vulnerable migrants; whereas for many individuals migration continues to be a human journey marred by suffering, discrimination and violence; whereas thousands of migrants have lost their lives on their migration route; |
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A.

whereas migration is a global phenomenon amplified by globalisation, rising conflicts, inequalities, climate change and environmental degradation; whereas gradual, normative development within the modern international human rights framework of the rights of refugees and migrants, independently of their legal status, represents a source of progress and collective pride for humanity; whereas, however, migrants, and in particular forcibly displaced persons, remain among the most vulnerable and disadvantaged groups worldwide and continue to face violations of their rights; whereas women, children, elderly and people with disabilities are among the most vulnerable migrants; whereas for many individuals migration continues to be a human journey marred by suffering, discrimination and violence; whereas thousands of migrants have lost their lives on their migration route;

| B. | whereas for the European Union and its Member States migration has been and will continue to be a challenge and opportunity; whereas Member States whose geographical location places them on the front line are bearing a disproportionate share of responsibility; whereas responsibility must go hand in hand with solidarity; whereas the European Union, as a historic region of both emigration and immigration and as a community united by founding values of human dignity, freedom and human rights, and as one of the worlds’ largest donors promoting sustainable development, supporting displaced persons, addressing the drivers of migration and working through multilateral forums towards finding durable solutions, has a particular duty to respect, protect and promote the rights of migrants, notably in its external dealings; whereas the human dignity of all migrants must be at the heart of all EU policies on this matter; |
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B.

whereas for the European Union and its Member States migration has been and will continue to be a challenge and opportunity; whereas Member States whose geographical location places them on the front line are bearing a disproportionate share of responsibility; whereas responsibility must go hand in hand with solidarity; whereas the European Union, as a historic region of both emigration and immigration and as a community united by founding values of human dignity, freedom and human rights, and as one of the worlds’ largest donors promoting sustainable development, supporting displaced persons, addressing the drivers of migration and working through multilateral forums towards finding durable solutions, has a particular duty to respect, protect and promote the rights of migrants, notably in its external dealings; whereas the human dignity of all migrants must be at the heart of all EU policies on this matter;

| C. | whereas a comprehensive approach to migration and the asylum system entails addressing the external dimension of the EU migration policy; whereas the impact of this external dimension largely depends on joined-up action at EU level and active coordination of activities with external partners; |
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C.

whereas a comprehensive approach to migration and the asylum system entails addressing the external dimension of the EU migration policy; whereas the impact of this external dimension largely depends on joined-up action at EU level and active coordination of activities with external partners;

| D. | whereas the European consensus on development adopted in June 2017 highlights that well-managed migration and mobility can contribute positively to inclusive growth and sustainable development in line with the 2030 Agenda; |
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D.

whereas the European consensus on development adopted in June 2017 highlights that well-managed migration and mobility can contribute positively to inclusive growth and sustainable development in line with the 2030 Agenda;

| E. | whereas human rights violations, violations of international humanitarian and/or refugee law, such as non-refoulement, pushbacks and violent attacks against migrants, arbitrary and indefinite detention under inhumane conditions, exploitation, torture and other ill-treatment including rape, disappearance and death, are increasingly being reported globally, including at EU external borders; whereas Member States have an obligation to respect Union, human rights and international law, humanitarian and refugee law; whereas the Commission has to ensure that Member States fulfil their humanitarian and human rights obligations, and has to launch infringement procedures in case the latter are not met; whereas the Commission has yet to act on proven or alleged cases of pushbacks; |
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E.

whereas human rights violations, violations of international humanitarian and/or refugee law, such as non-refoulement, pushbacks and violent attacks against migrants, arbitrary and indefinite detention under inhumane conditions, exploitation, torture and other ill-treatment including rape, disappearance and death, are increasingly being reported globally, including at EU external borders; whereas Member States have an obligation to respect Union, human rights and international law, humanitarian and refugee law; whereas the Commission has to ensure that Member States fulfil their humanitarian and human rights obligations, and has to launch infringement procedures in case the latter are not met; whereas the Commission has yet to act on proven or alleged cases of pushbacks;

| F. | whereas rescue at sea is a legal obligation under international law, in particular according to Article 98 of the United Nations Convention on the Law of the Sea, which requires that assistance is rendered to any person in distress at sea; whereas the enhancement of border management capacities and fighting smuggling and trafficking should not to be used to criminalise migrants, nor those assisting them; whereas the Commission has invited the Member States that have not already done so to use Article 1(2) of Directive 2002/90/EC (8) (Facilitation Directive); |
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F.

whereas rescue at sea is a legal obligation under international law, in particular according to Article 98 of the United Nations Convention on the Law of the Sea, which requires that assistance is rendered to any person in distress at sea; whereas the enhancement of border management capacities and fighting smuggling and trafficking should not to be used to criminalise migrants, nor those assisting them; whereas the Commission has invited the Member States that have not already done so to use Article 1(2) of Directive 2002/90/EC (8) (Facilitation Directive);

| G. | whereas the Commission’s communication on the Global Approach to Migration and Mobility (GAMM) of 2011 refers to a migrant-centred approach, in which human rights are said to occupy a central place, with the aim of strengthening ‘respect for fundamental rights and the human rights of migrants in source, transit and destination countries alike’; |
| --- | --- |

G.

whereas the Commission’s communication on the Global Approach to Migration and Mobility (GAMM) of 2011 refers to a migrant-centred approach, in which human rights are said to occupy a central place, with the aim of strengthening ‘respect for fundamental rights and the human rights of migrants in source, transit and destination countries alike’;

| H. | whereas the Commission communication of 7 June 2016 on establishing a new Partnership Framework with third countries under the European Agenda on Migration, which builds on the GAMM principles, stresses that migration issues are at the top of the EU’s external relations priorities; whereas this framework calls for intensified cooperation with third countries, in particular those from European neighbourhood, through ‘partnerships’ aiming to ensure cooperation on migration management, to effectively prevent irregular migration and readmit irregular migrants, including with positive and negative incentives stemming from different policy elements within EU competence, including neighbourhood, development assistance, trade, mobility, energy, security and digital policies, all leveraged towards the same objective; whereas all such ‘partnerships’ need to have a clear legal basis; |
| --- | --- |

H.

whereas the Commission communication of 7 June 2016 on establishing a new Partnership Framework with third countries under the European Agenda on Migration, which builds on the GAMM principles, stresses that migration issues are at the top of the EU’s external relations priorities; whereas this framework calls for intensified cooperation with third countries, in particular those from European neighbourhood, through ‘partnerships’ aiming to ensure cooperation on migration management, to effectively prevent irregular migration and readmit irregular migrants, including with positive and negative incentives stemming from different policy elements within EU competence, including neighbourhood, development assistance, trade, mobility, energy, security and digital policies, all leveraged towards the same objective; whereas all such ‘partnerships’ need to have a clear legal basis;

| I. | whereas in its 2016 communication the Commission outlined three main objectives for cooperation with third countries: saving lives in the Mediterranean sea, increasing the rate of returns to countries of origin and transit, and enabling migrants and refugees to stay close to home and to avoid taking dangerous journeys; whereas the 2016 Communication mentions addressing irregular migration as a priority for the Union and introduces ‘the less for less approach’, whereby the Commission expresses its readiness to use all EU tools and instruments, with the exception of humanitarian aid, as incentives to achieve cooperation from third countries on readmission and border control; |
| --- | --- |

I.

whereas in its 2016 communication the Commission outlined three main objectives for cooperation with third countries: saving lives in the Mediterranean sea, increasing the rate of returns to countries of origin and transit, and enabling migrants and refugees to stay close to home and to avoid taking dangerous journeys; whereas the 2016 Communication mentions addressing irregular migration as a priority for the Union and introduces ‘the less for less approach’, whereby the Commission expresses its readiness to use all EU tools and instruments, with the exception of humanitarian aid, as incentives to achieve cooperation from third countries on readmission and border control;

| J. | whereas the fight against migrant smuggling is a common challenge that requires cooperation and coordination with third countries; whereas the new EU Action Plan against migrant smuggling aims to promote cooperation between the EU and third countries through targeted partnerships to counter migrant smuggling as part of broader partnerships with key third countries; whereas Europol plays a key role in the fight against migrant smuggling; |
| --- | --- |

J.

whereas the fight against migrant smuggling is a common challenge that requires cooperation and coordination with third countries; whereas the new EU Action Plan against migrant smuggling aims to promote cooperation between the EU and third countries through targeted partnerships to counter migrant smuggling as part of broader partnerships with key third countries; whereas Europol plays a key role in the fight against migrant smuggling;

| K. | whereas cooperation with third countries is essential to prevent and combat trafficking in human beings; whereas migration routes may be exploited by human trafficking networks; whereas trafficking in human beings has a disproportionate impact on women and girls, who constitute the overwhelming majority of victims of trafficking and suffer violence and exploitation along their migration route; whereas measures taken against human trafficking should not adversely affect the rights of victims of trafficking, migrants, refugees and persons in need of international protection; |
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K.

whereas cooperation with third countries is essential to prevent and combat trafficking in human beings; whereas migration routes may be exploited by human trafficking networks; whereas trafficking in human beings has a disproportionate impact on women and girls, who constitute the overwhelming majority of victims of trafficking and suffer violence and exploitation along their migration route; whereas measures taken against human trafficking should not adversely affect the rights of victims of trafficking, migrants, refugees and persons in need of international protection;

| L. | whereas since 2016 the EU and some individual Member States have multiplied the number of informal agreements and arrangements with third countries, aiming to strengthen their operational capacities in border control and management, and the fight against human trafficking; whereas these agreement and arrangements also cover effective return and readmission with third countries, including Joint Migration Declarations, Memoranda of Understanding, Joint Ways Forward, Standard Operating Procedures and Good Practices as well as police cooperation agreements; whereas, similarly to formal readmission agreements, such informal arrangements affirm states’ commitments to readmitting their nationals (or others) and establish procedures to carry out returns in practice; whereas since 2016, the EU has concluded at least 11 informal agreements but only one new readmission agreement; whereas informal agreements between the EU and third countries do not provide a predictable policy or any stable and coherent statutory framework provisions on irregular migration; |
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L.

whereas since 2016 the EU and some individual Member States have multiplied the number of informal agreements and arrangements with third countries, aiming to strengthen their operational capacities in border control and management, and the fight against human trafficking; whereas these agreement and arrangements also cover effective return and readmission with third countries, including Joint Migration Declarations, Memoranda of Understanding, Joint Ways Forward, Standard Operating Procedures and Good Practices as well as police cooperation agreements; whereas, similarly to formal readmission agreements, such informal arrangements affirm states’ commitments to readmitting their nationals (or others) and establish procedures to carry out returns in practice; whereas since 2016, the EU has concluded at least 11 informal agreements but only one new readmission agreement; whereas informal agreements between the EU and third countries do not provide a predictable policy or any stable and coherent statutory framework provisions on irregular migration;

| M. | whereas in its communication on the new Pact on Migration and Asylum, the Commission reiterated that the internal and external dimensions of migration are inextricably linked, and that tailor-made comprehensive and balanced migration dialogues and partnerships with countries of origin and transit is essential in order to address valuable objectives for both sides, such as the main drivers of migration, combating migrant smuggling, support for refugees residing in third countries and supporting well-managed legal migration; whereas as stated by the Commission communication on the New Pact, engagement at regional and global level is fundamental to complementing such dialogues and partnerships; whereas it emphasised, furthermore, that in the framework of comprehensive partnerships with third countries migration should be built in as a core issue and linked to other policies, such as those relating to development cooperation, security, visas, trade, agriculture, investment and employment, energy, environment and climate change, and education; |
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M.

whereas in its communication on the new Pact on Migration and Asylum, the Commission reiterated that the internal and external dimensions of migration are inextricably linked, and that tailor-made comprehensive and balanced migration dialogues and partnerships with countries of origin and transit is essential in order to address valuable objectives for both sides, such as the main drivers of migration, combating migrant smuggling, support for refugees residing in third countries and supporting well-managed legal migration; whereas as stated by the Commission communication on the New Pact, engagement at regional and global level is fundamental to complementing such dialogues and partnerships; whereas it emphasised, furthermore, that in the framework of comprehensive partnerships with third countries migration should be built in as a core issue and linked to other policies, such as those relating to development cooperation, security, visas, trade, agriculture, investment and employment, energy, environment and climate change, and education;

| N. | whereas the EU Action Plan on Human Rights and Democracy 2020-2024 commits the EU and its Member States to ‘advocate for the specific protection to which migrants, refugees, and internally displaced and stateless persons are entitled’; whereas this Action Plan promotes ‘non-discriminatory access to social services, including quality and affordable healthcare and education (also online), and build[ing] practitioners’ capacity to respond to the specific needs of (...) migrants [and] refugees’, and ‘support[ing] a human rights-based approach to migration governance and strengthen[ing] the capacity of states, civil society and UN partners to implement this approach’; |
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N.

whereas the EU Action Plan on Human Rights and Democracy 2020-2024 commits the EU and its Member States to ‘advocate for the specific protection to which migrants, refugees, and internally displaced and stateless persons are entitled’; whereas this Action Plan promotes ‘non-discriminatory access to social services, including quality and affordable healthcare and education (also online), and build[ing] practitioners’ capacity to respond to the specific needs of (...) migrants [and] refugees’, and ‘support[ing] a human rights-based approach to migration governance and strengthen[ing] the capacity of states, civil society and UN partners to implement this approach’;

| O. | whereas, according to the UN High Commissioner for Refugees (UNHCR), women account for around 48 % of the refugee population in the world, and for a high proportion of vulnerable asylum seekers; whereas the EU’s Gender Action Plan III commits the EU to ensuring that ‘the human rights of migrant women and girls are fully realised through gender-responsive migration policies, programmes and laws, and gender-responsive migration governance at global, regional and national levels are reinforced’; whereas gender-responsive migration policies would ensure the realisation of the rights of women, girls and LGTBIQ+ persons, and protection against potential violence, harassment, rape and trafficking; |
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O.

whereas, according to the UN High Commissioner for Refugees (UNHCR), women account for around 48 % of the refugee population in the world, and for a high proportion of vulnerable asylum seekers; whereas the EU’s Gender Action Plan III commits the EU to ensuring that ‘the human rights of migrant women and girls are fully realised through gender-responsive migration policies, programmes and laws, and gender-responsive migration governance at global, regional and national levels are reinforced’; whereas gender-responsive migration policies would ensure the realisation of the rights of women, girls and LGTBIQ+ persons, and protection against potential violence, harassment, rape and trafficking;

| P. | whereas the 2015 report of the former UN Special Rapporteur on the human rights of migrants notes shortcomings in the EU’s approach to migration due to its lack of transparency and clarity, and to the weak status of many of the agreements reached in this framework, which in his view generally lack monitoring and accountability measures; whereas the Special Rapporteur also concludes that there are few signs that mobility partnerships have resulted in additional human rights or development benefits, while the overall focus on security and the lack of policy coherence within the approach as a whole create a risk that any benefits arising from human rights and development projects could be overshadowed by the secondary effects of more security-focused policies; |
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P.

whereas the 2015 report of the former UN Special Rapporteur on the human rights of migrants notes shortcomings in the EU’s approach to migration due to its lack of transparency and clarity, and to the weak status of many of the agreements reached in this framework, which in his view generally lack monitoring and accountability measures; whereas the Special Rapporteur also concludes that there are few signs that mobility partnerships have resulted in additional human rights or development benefits, while the overall focus on security and the lack of policy coherence within the approach as a whole create a risk that any benefits arising from human rights and development projects could be overshadowed by the secondary effects of more security-focused policies;

| Q. | whereas UN human rights experts and civil society organisations have warned that the COVID-19 pandemic is having serious and disproportionate effects on migrants and their families globally; whereas they have called on states to protect the rights of migrants and their families, regardless of their migration status; whereas the pandemic has extended the period of examination of asylum applications; |
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Q.

whereas UN human rights experts and civil society organisations have warned that the COVID-19 pandemic is having serious and disproportionate effects on migrants and their families globally; whereas they have called on states to protect the rights of migrants and their families, regardless of their migration status; whereas the pandemic has extended the period of examination of asylum applications;

| R. | whereas upholding freedom of movement and the right to work is key to allowing migrants to become self-reliant and helps further their integration; whereas intra-regional migration is an important element of these cross-border economic patterns; |
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R.

whereas upholding freedom of movement and the right to work is key to allowing migrants to become self-reliant and helps further their integration; whereas intra-regional migration is an important element of these cross-border economic patterns;

I.   
  The migration policy framework and its external dimension

| 1. | Highlights that, alongside their Treaty-based obligation to uphold the values of respect for human dignity, the rule of law and respect for human rights and international law in all its external dealings, the EU and its Member States have human rights obligations towards third-country nationals (TCNs) when cooperating on migration with third countries and other non-EU actors; |
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1.

| 2. | Stresses that these obligations require not only the recognition of the applicability of the relevant standards, but also appropriate operationalisation through detailed and specific instruments that allow for effective protection and safeguards in practice as well as through a human rights-based approach to the entire migration policy cycle, with a particular focus on migrant women and unaccompanied children; |
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2.

| 3. | Is concerned about the increasing number of — and lack of protection for — unaccompanied minors travelling through irregular migration pathways; highlights in particular the lack of effective monitoring and reporting by EU agencies and Member States on the protection of unaccompanied minors; calls on the EU to ensure that Member States and third countries report on the mechanisms applied to protect the rights of children in accordance with the UN Convention on the Rights of the Child; |
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3.

| 4. | Recalls that, in compliance with Articles 3(5) and 21 TEU and the Charter, the EU and, when applying EU law, the Member States must uphold human rights in their external and extraterritorial actions, agreements and cooperation in the areas of migration, borders and asylum, , including the right to life, liberty, the right to asylum, including the individual assessment of asylum applications with appropriate guarantees in accordance with international law, the right to human dignity and security, the protection from enforced disappearance, the prohibition of torture and ill-treatment, slavery and forced labour, the right to the protection of personal data, protection in the event of removal, expulsion or extradition, freedom of religion, belief, thought and conscience, and the obligation to take the interests of the child as a primary consideration as well as to adopt a gender-sensitive approach; recalls, further, that they must ensure non-discrimination and procedural guarantees such as the right to an effective remedy as well as the right to family reunification, and prevent separating children from their parents or legal guardians; |
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4.

| 5. | Observes that the Commission has yet to evaluate the impact of the implementation of its successive migration policy frameworks, in particular the GAMM and the new Partnership Framework, on the human rights of TCNs as well as the human rights impact of EU cooperation on migration with third countries, including the impact of EU support for partner countries’ border and security forces; insists on the need to carry out such a review systematically and in a comprehensive, inclusive and public format with a view to ensuring the full human rights compliance of the EU’s external migration policy; |
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5.

| 6. | Notes with great concern the absence of operational, reporting, monitoring, evaluation and accountability mechanisms for individual cases which track and respond to potential violations, as well as the lack of effective judicial remedies for persons whose rights are allegedly violated as a consequence of informal EU agreements and financial cooperation; |
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6.

| 7. | Reiterates that for the Union's policy on migration to function properly, the EU must increase its external cooperation with countries of origin and work to ensure the sustainable and effective readmission of returnees; calls for the EU to ensure that readmission agreements and agreements for cooperation on border management are only concluded with third countries that explicitly commit to respecting human rights, including the principle of non-refoulement and the rights enshrined in the UN Refugee Convention; calls for the EU to ensure that this cooperation does not lead to violations of those rights, and offers operational means to ensure effective accountability if violations occur; |
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7.

| 8. | Notes that most of the 18 official EU readmission agreements (EURAs) concluded to date include the readmission of third-country nationals to a transit country; underscores the fact that returns to transit countries entail the risk of potentially violating the human rights of returnees; supports the recommendation made in the Commission’s evaluation of EURAs in 2011 that the EU should always first try to readmit a person to their country of origin as a matter of principle, to the extent that circumstances allow it; |
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8.

| 9. | Calls on the Commission to ensure transparent risk assessments performed by independent EU-bodies and experts, such as the EU Agency for Fundamental Rights, on the impact of any formal, informal or financial EU cooperation with third countries on the rights of migrants and refugees, including women, on local human rights defenders and civil society working to defend these rights, and, to the extent possible, on the impact that such cooperation would have on the wider population in the country affected by it in terms of access to rights, contribution to human security and peace, and sustainable development; calls on the Commission to set implementation guidelines for EU agencies and Member States before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are experiencing ongoing or frozen conflicts and face increased risks of human rights violations; calls on the Commission to ensure that any EU cooperation with third countries is fully formalised in order to ensure agreements with third countries can be effectively monitored; |
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9.

| 10. | Calls on the Commission to establish an independent, transparent and effective monitoring mechanism on the basis of international law, the Charter and the Sustainable Development Goals, which includes periodic reports on the implementation of formal, informal and financial agreements with third countries that can potentially impact the rights of migrants and refugees and the work of human rights defenders and civil society defending these rights in third countries, such as migration partnerships, readmission agreements, and international cooperation on migration management and governance, including direct targeting of challenges connected to migration and forced displacement; stresses that such a monitoring mechanism has to be participatory and public; insists on the need to ensure the means for civil society and other interested stakeholders to be able to contribute to the work of the mechanism; stresses that such a system should contribute to ensuring accountability for human rights violations, including pushbacks violating the principle of non-refoulement; calls on the Commission to establish a follow-up mechanism which duly incorporates evaluation results and expert recommendations in the relevant agreement, arrangement or action; stresses the need for ensuring parliamentary scrutiny and democratic oversight; |
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10.

| 11. | Calls on the EU to consider ways to ensure access to justice for persons affected by measures implementing cooperation between it and third countries on migration, including through setting up an independent and accessible complaints mechanism; asks for measures to ensure that those who might suffer human rights violations can access effective legal remedies and therefore can obtain redress or reparation; |
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11.

| 12. | Notes that the implementation and funding of the EU’s external migration policy is assigned to different Commission Directorates-General and mainstreamed in the EU’s migration and asylum, as well as development and foreign policies; notes with concern that this blending of executive responsibilities has created a lack of sufficient and coherent oversight of the Commission’s activities that would enable Parliament to exert democratic scrutiny over the EU’s external migration policy; insists on the importance of ensuring coherence, synergies and complementarities in order to avoid overlaps between the different tools; |
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12.

| 13. | Highlights the practical human rights implications stemming from the increasing number, and hence the extrajudicial nature, of informal arrangements on return and readmission, which are concluded, without due democratic scrutiny and parliamentary oversight, and are not subject to judicial scrutiny; notes that the rights of asylum seekers are inherently dependent on the possibility of having human rights violations assessed by a court; urges the Commission to formulate a plan and take all necessary measures to initiate or finalise negotiations, and accordingly sign readmission agreements, to prioritise the conclusion of formal readmission agreements, thus ensuring full respect for Article 218(6) TFEU, and to ensure that formal EURAs exclude informal agreements; believes that Parliament must scrutinise informal agreements which include commitments on issues that fall within its competences, such as readmission, and that the Commission must be ready to undertake further action, including suspension, if these informal agreements appear to be incompatible with the Treaties; calls on the Commission to establish a general framework for the effective monitoring and evaluation of the implementation of all present and future EU readmission agreements and the inclusion therein of special monitoring provisions; |
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13.

II.   
  Human rights compliance and EU actors implementing the external migration policy

| 14. | Notes the increased role of Frontex in practical and operational cooperation with third countries, including on return and readmission, the fight against human trafficking, the provision of training, operational and technical assistance to authorities of third countries for the purpose of border management and border control, carrying out operations or joint operations at the EU’s external borders or in the territories of third countries, and deploying liaison officers and operational staff in third countries; calls for an assessment of the needs of the Agency on a regular basis to ensure its optimal functioning; calls on the Commission to establish an independent, transparent and effective monitoring mechanism on all activities carried out by Frontex, which would be in addition to the internal complaint mechanism in place; |
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14.

| 15. | Stresses the importance of status agreements for the security of the EU’s external borders as well as for ensuring a legal framework for cooperation between Frontex and third country border management authorities; recalls that ad hoc status agreements, subject to approval by Parliament, are required for the deployment of Frontex’s border management teams to a third country where the members of the teams will exercise executive powers; regrets that the two status agreements concluded to date do not include specific measures for the operationalisation of human rights as part of border management, and do not ensure that material support and training to third countries is not given to perpetrators of human rights violations; regrets that these agreements also fail to clearly regulate accountability for potential human rights violations, and calls for any future status agreements to include such measures; |
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15.

| 16. | Stresses that Regulation (EU) 2019/1896 (9) requires Frontex to ensure timely, consistent, transparent, complete and accurate reporting to Parliament on its activities relating to cooperation with third countries and, in particular, those related to technical and operational assistance in the field of border management and return in third countries, the deployment of liaison officers, and detailed information on compliance with fundamental rights; calls on Frontex to regularly inform Parliament’s Subcommittee on Human Rights, Committee on Foreign Affairs and Committee on Civil Liberties, Justice and Home Affairs about any activities involving cooperation with third country authorities, and in particular the operationalisation of human rights as part of such activities; |
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16.

| 17. | Stresses that Regulation (EU) 2019/1240 (10) should further improve the EU’s capacity to coordinate, cooperate and exchange information among immigration liaison officers deployed in third countries, the Commission and EU agencies, in order to respond more effectively to the Union's priorities in the field of migration; highlights that one of the central tasks of this EU network’s Steering Board is to support the development of the capabilities of immigration liaison officers, including through developing guidelines on implementing human rights as part of their activities; calls on the Commission, through the Steering Board, to urgently draw up such human rights-based guidelines; |
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17.

| 18. | Recalls that other EU actors implementing the external migration policy in the context for example of EU naval missions, are also bound by applicable international law, and that forwarding information to authorities of third countries that ultimately results in the unlawful return of migrants and refugees to unsafe countries could be considered as assisting in human rights violations under international law; stresses that the EU’s external migration policy should not support interceptions at sea that return people to an unsafe port; |
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18.

| 19. | Recommends the extension of the mandate, competences and budget of the Fundamental Rights Agency to allow it to effectively monitor the external dimension of EU asylum and migration policies, including by issuing alerts to the relevant authorities in cases of human rights shortcomings; calls on the Fundamental Rights Agency to develop relevant tools and guidelines; |
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19.

| 20. | Notes with great concern that it is not possible to determine the identity of the majority of the people who die during the attempt to cross the Mediterranean; considers it necessary to establish a coordinated European approach in order to ensure prompt and effective identification processes, and to establish a database of those who died on their way to the EU as well of their belongings and personal items in order to provide information to their family and relatives and facilitate the identification of corpses; asks the EU and its Member States to better coordinate and improve European action in order to ensure adequate and effective search and rescue operations; |
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20.

III.   
  EU cooperation with and financial aid to third countries on migration

| 21. | Notes the increasing use since 2016 of enhanced conditionality between development cooperation and migration management, including return and readmission; underlines that EU development cooperation and assistance must be aligned with the sustainable development goals, including in the context of gender-related actions; stresses in this regard the OECD Development Assistance Committee’s definition of official development aid and the OECD’s Development Aid Effectiveness Principles; reiterates that according to Articles 21 TEU and 208 TFEU the primary objective of Union development cooperation policy is the reduction and, in the long term, the eradication of poverty, tackling inequality and exclusion, promoting democratic governance and human rights, and enhancing sustainable and inclusive development; underlines that such action, together with the development of stable institutions, are key to addressing the root causes of migration; calls on the Commission, therefore, to ensure that policies on development cooperation, including development assistance or bilateral or multilateral partnerships, do not contravene the principles enshrined in Article 208 TFEU; |
| --- | --- |

21.

| 22. | Calls for a needs-based approach to humanitarian assistance, which should respect humanitarian principles, international human rights law, international humanitarian law, and international refugee law; stresses furthermore that making humanitarian aid and emergency aid conditional on cooperation with the EU on migration is not compatible with humanitarian principles; |
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22.

| 23. | Notes that a complete and public overview of EU funding to third countries for facilitating cooperation on migration issues remains unavailable; calls on the Commission to ensure full transparency, including by establishing a clear overview of all instruments within the EU budget used to finance cooperation with third countries in the field of migration management, including information on the amount, purpose and source of funding, as well as detailed information on any other potential support measures provided by EU agencies such as Frontex, in order to ensure that Parliament can effectively perform its institutional role exercising scrutiny of the implementation of the EU budget; |
| --- | --- |

23.

| 24. | Highlights the objective of European financial instruments to support third countries in the development of the necessary institutional framework and capacities to manage migration in all its aspects while aligning with European and international standards; stresses the importance of allocating a substantial share of future EU funding for migration to civil society, non-governmental and community-based groups and governmental, intergovernmental, regional and local organisations active in third countries in providing assistance, protecting and monitoring the rights of migrants, supporting forcibly displaced persons and their host communities; stresses the importance of ensuring that a significant proportion of EU funding is earmarked for the improvement of human rights, international protection, and the future prospects of refugees; calls for EU financial support to create sustainable solutions that address local and regional challenges, particularly those related democratic processes and the rule of law, socioeconomic development, healthcare, education, the root causes of poverty, youth employment in countries of origin, social exclusion, gender equality, climate change, conflicts, access to services, and to promote refugee rights and enhance self-reliance; |
| --- | --- |

24.

| 25. | Calls on the Commission to regularly and publicly report to Parliament on the funding of migration-related cooperation programmes in third countries and their human rights impact, and on the ways in which this funding has been used by partner countries, including to the working group on external financial instruments of the Committee on Foreign Affairs; deplores that Parliament is not involved in the scrutiny of emergency funds, including the EU Trust Funds (EUTF); calls for Parliament to be given a more prominent role in monitoring the impact of the use of EU financial contributions on human rights in the third countries concerned; |
| --- | --- |

25.

| 26. | Believes that Parliament must make full use of its powers of implementation, scrutiny and budgetary control, as well as of European Court of Auditors auditing procedures, for development funds, trust funds, facilities and other funding instruments used to meet EU policy goals related to migration, and ensure that EU funding decisions and related allocations comply with the Union’s principles of legality and sound financial management, in line with the EU’s Financial Regulation (11); |
| --- | --- |

26.

| 27. | Stresses that the human rights-based approach is applicable to all pillars of the NDICI, including crisis response in the rapid response pillar; stresses once again that migration-related spending in the NDICI should indicatively be 10 %, and that migration-related activities under the NDICI should concentrate on addressing the root causes of irregular migration and forced displacement, and on supporting increased engagement for facilitating safe, orderly, regular and responsible migration, as well as on the implementation of planned and well-managed migration policies and governance; highlights that the NDICI is an external instrument and there should be a clear demarcation between internal and external EU migration policies, instruments and funds; underlines that the final agreement on migration-related activities in the NDICI should be horizontally coordinated with internal EU funds as well as the Instrument for Pre-Accession Assistance (IPA) to avoid overlaps; notes that migration-related actions in crisis situations through the rapid response actions pillar should address, in particular, needs related to forced displacement, including supporting host communities, in accordance with international humanitarian law and principles; insists in this regard on the need to ensure that the 2021-2027 multiannual financial framework is accompanied by a robust human rights framework for the identification, implementation and monitoring of future migration cooperation programmes, in order to link the disbursement of EU funding to human rights obligations; |
| --- | --- |

27.

IV.   
  The EU’s external human rights policy and migration objectives

| 28. | Recalls the commitment of the EU and its Member States under the Global Compact on Refugees to share responsibility for the effective and comprehensive protection of refugees and to ease the pressure on host countries; stresses in this regard that the EU and its Member States should increase resettlement pledges, ensuring that resettlement is not made conditional upon the cooperation of the transit country on readmission or border control, and step up safe and legal pathways and preventing forced refugee returns from hosting countries; calls on the EU and its Member States to contribute to more structural and substantial funding of the communities and countries hosting most refugees; reiterates the importance of fully implementing the 23 objectives of the Global Compact for Safe, Orderly and Regular Migration; believes that Parliament must exercise proper scrutiny of EU implementation of both compacts; |
| --- | --- |

28.

| 29. | Calls for the EU and its Member States to pursue a migration policy that fully reflects the human rights of migrants and refugees as enshrined in international, regional and national laws; calls on the EEAS, the Commission and the Member States to engage with third countries on the rights of migrants as an integral dimension of the EU’s human rights policy; insists that the nexus between human rights and migration should be adequately covered within the framework of bilateral EU human rights dialogues with the relevant countries; calls on the EU Delegations in these countries to closely monitor the rights of migrants, particularly in countries of transit, as well as the rights of refugees and internally displaced persons; emphasises the urgent need for safe and legal migration and protection routes to be created and strengthened in order to guarantee human rights and avoid loss of life; insists on the need for proactive EU engagement in countries where human rights defenders and civil society and community-based organisations, including those who are protecting the lives of migrants and asylum seekers who are at risk, are under threat or are being criminalised for their legitimate work; |
| --- | --- |

29.

| 30. | Calls for the EU to carry out a global campaign to support universal ratification of the Geneva Convention relating to the Status of Refugees and its 1967 protocol; urges Member States to lead by example by adhering to the UN Convention on the Rights of Migrant Workers, which is one of the core UN human rights conventions; |
| --- | --- |

30.

| 31. | Believes that the EU must take a leading role in supporting policy and normative developments in relation to the rights of migrants in multilateral fora; highlights the key role that international organisations, regional bodies and NGOs, such as the International Committee of the Red Cross, the UN High Commissioner for Refugees (UNHCR) and the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), as well the OHCHR and the UN Special Rapporteur on the human rights of migrants; calls on the Commission and the Member States to increase financial and political support to these organisations and entities; |
| --- | --- |

31.

| 32. | Calls for the EU to include diasporas, affected communities, refugee- and migrant-led organisations, particularly those led by women, and civil society representatives in the design, implementation and evaluation of projects carried out in third countries; |
| --- | --- |

32.

o

o o

| 33. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

33.

---

(1)  OJ L 189, 27.6.2014, p. 93.

(2)  OJ C 215, 19.6.2018, p. 111.

(3)  OJ C 294, 12.8.2016, p. 18.

(4)  OJ C 346, 21.9.2016, p. 47.

(5)  OJ C 58, 15.2.2018, p. 9.

(6)  OJ C 101, 16.3.2018, p. 47.

(7)  Texts adopted, P9_TA(2020)0323.

(8)  Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 17).

(9)  Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).

(10)  Regulation (EU) 2019/1240 of the European Parliament and of the Council of 20 June 2019 on the creation of a European network of immigration liaison officers (OJ L 198, 25.7.2019, p. 88).

(11)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

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| 12.1.2022 | EN | Official Journal of the European Union | C 15/81 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/81

---

P9_TA(2021)0243

2019-2020 Reports on Turkey

European Parliament resolution of 19 May 2021 on the 2019-2020 Commission Reports on Turkey (2019/2176(INI))

(2022/C 15/08)

The European Parliament,

| — | having regard to the Commission communication of 6 October 2020 on EU Enlargement Policy (COM(2020)0660) and to the accompanying Turkey 2020 Report (SWD(2020)0355), |
| --- | --- |

—

having regard to the Commission communication of 6 October 2020 on EU Enlargement Policy (COM(2020)0660) and to the accompanying Turkey 2020 Report (SWD(2020)0355),

| — | having regard to the negotiating framework for Turkey of 3 October 2005, and the fact that, as is the case for all candidate countries, Turkey’s accession to the EU depends on full compliance with the Copenhagen criteria, and the need to normalise its relations with all EU Member States, including the Republic of Cyprus, |
| --- | --- |

—

having regard to the negotiating framework for Turkey of 3 October 2005, and the fact that, as is the case for all candidate countries, Turkey’s accession to the EU depends on full compliance with the Copenhagen criteria, and the need to normalise its relations with all EU Member States, including the Republic of Cyprus,

| — | having regard to the Commission communication of 29 May 2019 on EU Enlargement Policy (COM(2019)0260) and to the accompanying Turkey 2019 Report (SWD(2019)0220), |
| --- | --- |

—

having regard to the Commission communication of 29 May 2019 on EU Enlargement Policy (COM(2019)0260) and to the accompanying Turkey 2019 Report (SWD(2019)0220),

| — | having regard to the Commission communication of 5 February 2020 entitled ‘Enhancing the accession process — A credible EU perspective for the Western Balkans’ (COM(2020)0057), |
| --- | --- |

—

having regard to the Commission communication of 5 February 2020 entitled ‘Enhancing the accession process — A credible EU perspective for the Western Balkans’ (COM(2020)0057),

| — | having regard to the declaration issued by the then European Community and its Member States on 21 September 2005 following the declaration made by Turkey upon its signature on 29 July 2005 of the Ankara Protocol, which includes a provision stating that the recognition of all Member States is a necessary component of the negotiations, and to the need for Turkey to proceed with the normalisation of its relations with all Member States and to fully implement the Additional Protocol to extend the Ankara Agreement to all Member States by removing all obstacles to the free movement of goods, including restrictions on means of transport, without prejudice and discrimination, |
| --- | --- |

—

having regard to the declaration issued by the then European Community and its Member States on 21 September 2005 following the declaration made by Turkey upon its signature on 29 July 2005 of the Ankara Protocol, which includes a provision stating that the recognition of all Member States is a necessary component of the negotiations, and to the need for Turkey to proceed with the normalisation of its relations with all Member States and to fully implement the Additional Protocol to extend the Ankara Agreement to all Member States by removing all obstacles to the free movement of goods, including restrictions on means of transport, without prejudice and discrimination,

| — | having regard to Article 46 of the European Convention on Human Rights, which states that the contracting parties undertake to abide by the final judgments of the European Court of Human Rights (ECtHR) in any case to which they are parties, and therefore to the obligation of Turkey to implement all judgments of the European courts, including the ECtHR, |
| --- | --- |

—

having regard to Article 46 of the European Convention on Human Rights, which states that the contracting parties undertake to abide by the final judgments of the European Court of Human Rights (ECtHR) in any case to which they are parties, and therefore to the obligation of Turkey to implement all judgments of the European courts, including the ECtHR,

| — | having regard to the Council conclusions of 26 June 2018 and 18 June 2019 on enlargement and stabilisation and association process, to the Council conclusions of 15 July and 14 October 2019 on Turkey’s illegal drilling activities in the Eastern Mediterranean, to the European Council conclusions of 12 December 2019, 1-2 and 15-16 October 2020, to the statement of the EU foreign ministers of 15 May 2020 and their videoconference of 14 August 2020 on the situation in the Eastern Mediterranean, to the outcome of the informal meeting of EU foreign affairs ministers in Gymnich of 27-28 August 2020, and to all previous relevant Council and European Council conclusions, |
| --- | --- |

—

having regard to the Council conclusions of 26 June 2018 and 18 June 2019 on enlargement and stabilisation and association process, to the Council conclusions of 15 July and 14 October 2019 on Turkey’s illegal drilling activities in the Eastern Mediterranean, to the European Council conclusions of 12 December 2019, 1-2 and 15-16 October 2020, to the statement of the EU foreign ministers of 15 May 2020 and their videoconference of 14 August 2020 on the situation in the Eastern Mediterranean, to the outcome of the informal meeting of EU foreign affairs ministers in Gymnich of 27-28 August 2020, and to all previous relevant Council and European Council conclusions,

| — | having regard to the UNESCO statement of 10 July 2020 on Hagia Sophia, Istanbul, |
| --- | --- |

—

having regard to the UNESCO statement of 10 July 2020 on Hagia Sophia, Istanbul,

| — | having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 22 March 2021 on the state of play of EU-Turkey political, economic and trade relations (JOIN(2021)0008), |
| --- | --- |

—

having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 22 March 2021 on the state of play of EU-Turkey political, economic and trade relations (JOIN(2021)0008),

| — | having regard to the report by the Commissioner for Human Rights of the Council of Europe of 19 February 2020 following her visit to Turkey from 1 to 5 July 2019, |
| --- | --- |

—

having regard to the report by the Commissioner for Human Rights of the Council of Europe of 19 February 2020 following her visit to Turkey from 1 to 5 July 2019,

| — | having regard to the relevant resolutions of the UN Security Council (UNSC) on Cyprus, including resolution 550 (1984) and resolution 789 (1992), |
| --- | --- |

—

having regard to the relevant resolutions of the UN Security Council (UNSC) on Cyprus, including resolution 550 (1984) and resolution 789 (1992),

| — | having regard to the EU-Turkey Statement of 18 March 2016, |
| --- | --- |

—

having regard to the EU-Turkey Statement of 18 March 2016,

| — | having regard to the Commission communication of 30 April 2020 on the Fourth Annual Report on the Facility for Refugees in Turkey (COM(2020)0162), |
| --- | --- |

—

having regard to the Commission communication of 30 April 2020 on the Fourth Annual Report on the Facility for Refugees in Turkey (COM(2020)0162),

| — | having regard to the 2020 World Press Freedom Index published by Reporters Without Border, which ranks Turkey 154 out of 180 countries, and to the Bertelsmann Transformation Index Turkey Country Report 2020, |
| --- | --- |

—

having regard to the 2020 World Press Freedom Index published by Reporters Without Border, which ranks Turkey 154 out of 180 countries, and to the Bertelsmann Transformation Index Turkey Country Report 2020,

| — | having regard to its resolution of 15 April 2015 on the centenary of the Armenian Genocide (1), |
| --- | --- |

—

having regard to its resolution of 15 April 2015 on the centenary of the Armenian Genocide (1),

| — | having regard to the opinions of the Council of Europe’s Venice Commission, in particular those of 10-11 March 2017 on the amendments to the constitution adopted by the Grand National Assembly on 21 January 2017 and to be submitted to a national referendum on 16 April 2017, on the measures in the recent Emergency Decree Laws with respect to freedom of the media, and on the duties, competences and functioning of the criminal peace judgeships, of 6-7 October 2017 on the provisions of the Emergency Decree Law No 674 of 1 September 2016 which concern the exercise of local democracy in Turkey, of 9-10 December 2016 on Emergency Decree Laws Nos 667-676 adopted following the failed coup of 15 July 2016, and of 14-15 October 2016 on the suspension of the second paragraph of Article 83 of the Constitution (parliamentary inviolability), |
| --- | --- |

—

having regard to the opinions of the Council of Europe’s Venice Commission, in particular those of 10-11 March 2017 on the amendments to the constitution adopted by the Grand National Assembly on 21 January 2017 and to be submitted to a national referendum on 16 April 2017, on the measures in the recent Emergency Decree Laws with respect to freedom of the media, and on the duties, competences and functioning of the criminal peace judgeships, of 6-7 October 2017 on the provisions of the Emergency Decree Law No 674 of 1 September 2016 which concern the exercise of local democracy in Turkey, of 9-10 December 2016 on Emergency Decree Laws Nos 667-676 adopted following the failed coup of 15 July 2016, and of 14-15 October 2016 on the suspension of the second paragraph of Article 83 of the Constitution (parliamentary inviolability),

| — | having regard to its previous resolutions on Turkey, in particular those of 13 March 2019 on the 2018 Commission Report on Turkey (2), of 19 September 2019 on the situation in Turkey, notably the removal of elected mayors (3), of 24 October 2019 on the Turkish military operation in northeast Syria and its consequences (4), and of 17 September 2020 on the preparation of the special European Council summit focusing on the dangerous escalation and the role of Turkey in the Eastern Mediterranean (5), and of 26 November 2020 on escalating tensions in Varosha following the illegal actions by Turkey and the urgent need for the resumption of talks (6), |
| --- | --- |

—

having regard to its previous resolutions on Turkey, in particular those of 13 March 2019 on the 2018 Commission Report on Turkey (2), of 19 September 2019 on the situation in Turkey, notably the removal of elected mayors (3), of 24 October 2019 on the Turkish military operation in northeast Syria and its consequences (4), and of 17 September 2020 on the preparation of the special European Council summit focusing on the dangerous escalation and the role of Turkey in the Eastern Mediterranean (5), and of 26 November 2020 on escalating tensions in Varosha following the illegal actions by Turkey and the urgent need for the resumption of talks (6),

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Petitions, |
| --- | --- |

—

having regard to the opinion of the Committee on Petitions,

| — | having regard to the report of the Committee on Foreign Affairs (A9-0153/2021), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs (A9-0153/2021),

| A. | whereas Turkey has been linked to the EU by an association agreement since 1964 (7) and whereas a customs union was established in 1995; whereas the European Council granted the status of candidate country to Turkey in December 1999 and whereas accession negotiations were opened in 2005; whereas Turkey has consequently enjoyed, since 1999, the most ambitious and mutually demanding model of relations the EU can offer to a country, which is candidate status to become a member of the EU; whereas as a candidate country and as an important partner of the EU, Turkey is expected to respect and uphold the Copenhagen criteria and to uphold the highest standards of democracy, respect of human rights and the rule of law, including compliance with the international conventions acceded to by the EU; whereas this presumes the need to commit, tangibly, in the framework of an advancing accession process, to the reforms required under the various chapters that are opened and the need, therefore, to progressively align with the EU acquis and to approach in all aspects the values, interests, standards and policies of the EU; whereas being a candidate country entails the need to pursue and maintain good neighbourly relations with the EU and its Member States indiscriminately; whereas, as a candidate country, and in the framework of the accession process, Turkey undertook a series of important reforms, which, for a period of time, provided hope for progress towards the achievement of EU membership; whereas during all these years, the accession process was strongly supported by the EU both politically and financially; |
| --- | --- |

A.

whereas Turkey has been linked to the EU by an association agreement since 1964 (7) and whereas a customs union was established in 1995; whereas the European Council granted the status of candidate country to Turkey in December 1999 and whereas accession negotiations were opened in 2005; whereas Turkey has consequently enjoyed, since 1999, the most ambitious and mutually demanding model of relations the EU can offer to a country, which is candidate status to become a member of the EU; whereas as a candidate country and as an important partner of the EU, Turkey is expected to respect and uphold the Copenhagen criteria and to uphold the highest standards of democracy, respect of human rights and the rule of law, including compliance with the international conventions acceded to by the EU; whereas this presumes the need to commit, tangibly, in the framework of an advancing accession process, to the reforms required under the various chapters that are opened and the need, therefore, to progressively align with the EU acquis and to approach in all aspects the values, interests, standards and policies of the EU; whereas being a candidate country entails the need to pursue and maintain good neighbourly relations with the EU and its Member States indiscriminately; whereas, as a candidate country, and in the framework of the accession process, Turkey undertook a series of important reforms, which, for a period of time, provided hope for progress towards the achievement of EU membership; whereas during all these years, the accession process was strongly supported by the EU both politically and financially;

| B. | whereas respect for the principles of the rule of law and international law, including in particular the separation of powers and the fight against corruption and organised crime, freedom of association and peaceful protest, freedom of expression, and the rights of ethnic minorities and other minorities and communities, is an essential component of good relations between the EU and Turkey; |
| --- | --- |

B.

whereas respect for the principles of the rule of law and international law, including in particular the separation of powers and the fight against corruption and organised crime, freedom of association and peaceful protest, freedom of expression, and the rights of ethnic minorities and other minorities and communities, is an essential component of good relations between the EU and Turkey;

| C. | whereas an analysis of the Commission’s reports on Turkey since 2014, in particular its 2019 and 2020 reports, reveals that the Government of Turkey has unfortunately increasingly and rapidly distanced itself from the EU’s values and its normative framework, contrary to what would be expected of a candidate country, not only through domestic democratic backsliding, but also through aggressive foreign policy moves, including illegal actions against EU Member States; notes that these reports state that Turkey did not implement the recommendations of the previous reports, pointing to a lack of commitment from the Turkish side and calling into question its wish for accession; whereas the concern about and critical assessment of the general backsliding in Turkey has also been shared by other relevant international organisations such as the Council of Europe and by international human rights organisations; whereas this is also reflected by the increasing number of cases and critical rulings by the ECtHR; whereas this backsliding has been observed in three main areas: the deterioration in the rule of law and fundamental rights, the institutional framework and related reforms, and a foreign policy that is increasingly conflictual and inclined to military options instead of dialogue and diplomacy; whereas in all these three areas, there has been a clear divergence from EU standards, policies and interests; |
| --- | --- |

C.

whereas an analysis of the Commission’s reports on Turkey since 2014, in particular its 2019 and 2020 reports, reveals that the Government of Turkey has unfortunately increasingly and rapidly distanced itself from the EU’s values and its normative framework, contrary to what would be expected of a candidate country, not only through domestic democratic backsliding, but also through aggressive foreign policy moves, including illegal actions against EU Member States; notes that these reports state that Turkey did not implement the recommendations of the previous reports, pointing to a lack of commitment from the Turkish side and calling into question its wish for accession; whereas the concern about and critical assessment of the general backsliding in Turkey has also been shared by other relevant international organisations such as the Council of Europe and by international human rights organisations; whereas this is also reflected by the increasing number of cases and critical rulings by the ECtHR; whereas this backsliding has been observed in three main areas: the deterioration in the rule of law and fundamental rights, the institutional framework and related reforms, and a foreign policy that is increasingly conflictual and inclined to military options instead of dialogue and diplomacy; whereas in all these three areas, there has been a clear divergence from EU standards, policies and interests;

| D. | whereas in its previous annual report, Parliament stressed its concerns about developments in Turkey and the serious backsliding and asked Turkey to refrain from any actions which would violate the sovereignty and sovereign rights of EU Member States, as well as any provocations which would impair the prospect of a constructive and sincere dialogue, and called on the Commission and the Member States to formally suspend accession negotiations with Turkey in accordance with the negotiating framework; whereas Parliament remains committed to democratic and political dialogue with Turkey; whereas Parliament repeatedly called for the opening of Chapter 23 on the Judiciary and Fundamental Rights and Chapter 24 on Justice, Freedom and Security at a time when the Turkish Government had pledged to conduct serious reforms; whereas Parliament has substantially cut the pre-accession funding for Turkey, in the light of its democratic backsliding and inability to adhere to the rule of law; whereas the Commission has indicated that, in terms of financial resources for programmes in Turkey, the EU is now offering the bare minimum of support for civil society and relevant stakeholders, such as journalists and human rights defenders; |
| --- | --- |

D.

whereas in its previous annual report, Parliament stressed its concerns about developments in Turkey and the serious backsliding and asked Turkey to refrain from any actions which would violate the sovereignty and sovereign rights of EU Member States, as well as any provocations which would impair the prospect of a constructive and sincere dialogue, and called on the Commission and the Member States to formally suspend accession negotiations with Turkey in accordance with the negotiating framework; whereas Parliament remains committed to democratic and political dialogue with Turkey; whereas Parliament repeatedly called for the opening of Chapter 23 on the Judiciary and Fundamental Rights and Chapter 24 on Justice, Freedom and Security at a time when the Turkish Government had pledged to conduct serious reforms; whereas Parliament has substantially cut the pre-accession funding for Turkey, in the light of its democratic backsliding and inability to adhere to the rule of law; whereas the Commission has indicated that, in terms of financial resources for programmes in Turkey, the EU is now offering the bare minimum of support for civil society and relevant stakeholders, such as journalists and human rights defenders;

| E. | whereas, in spite of this principled stance by Parliament and all of the current circumstances, the European Council, in its conclusions of 1-2 October 2020, offered Turkey a renewed and broad positive agenda, provided that constructive efforts by Turkey to stop illegal activities vis-à-vis Greece and Cyprus are sustained, mutual concessions are made, tensions are lowered and aggressive behaviour stops in a further attempt to restore our relations; whereas, in the same conclusions, the European Council highlighted that in the event of renewed unilateral actions or provocations in breach of international law by Turkey, the EU will use all the instruments and options at its disposal, including in accordance with Article 29 of the Treaty on European Union and Article 215 of the Treaty on the Functioning of the European Union, in order to defend its interests and those of its Member States, and take decisions as appropriate; whereas Turkey has recently agreed to resume exploratory talks with Greece to seek to address the outstanding issues affecting relations between Turkey and Greece and concerning Greece’s sovereign rights; whereas this is a positive development which could mark the beginning of a new period of dialogue and cooperation between Turkey and the EU and its Member States; whereas more positive steps and initiatives, and above all real actions, beyond declarations, by Turkey would greatly contribute to a renewed understanding on the future of bilateral relations; whereas under these circumstances, it is important to promote confidence building and a broader scope of reflection on the future of relations between Turkey and the EU and allow diplomacy to deliver on the aspirations and expectations vis-à-vis EU-Turkey relations, while maintaining a high degree of vigilance and dialogue on the situation of human rights in Turkey; |
| --- | --- |

E.

whereas, in spite of this principled stance by Parliament and all of the current circumstances, the European Council, in its conclusions of 1-2 October 2020, offered Turkey a renewed and broad positive agenda, provided that constructive efforts by Turkey to stop illegal activities vis-à-vis Greece and Cyprus are sustained, mutual concessions are made, tensions are lowered and aggressive behaviour stops in a further attempt to restore our relations; whereas, in the same conclusions, the European Council highlighted that in the event of renewed unilateral actions or provocations in breach of international law by Turkey, the EU will use all the instruments and options at its disposal, including in accordance with Article 29 of the Treaty on European Union and Article 215 of the Treaty on the Functioning of the European Union, in order to defend its interests and those of its Member States, and take decisions as appropriate; whereas Turkey has recently agreed to resume exploratory talks with Greece to seek to address the outstanding issues affecting relations between Turkey and Greece and concerning Greece’s sovereign rights; whereas this is a positive development which could mark the beginning of a new period of dialogue and cooperation between Turkey and the EU and its Member States; whereas more positive steps and initiatives, and above all real actions, beyond declarations, by Turkey would greatly contribute to a renewed understanding on the future of bilateral relations; whereas under these circumstances, it is important to promote confidence building and a broader scope of reflection on the future of relations between Turkey and the EU and allow diplomacy to deliver on the aspirations and expectations vis-à-vis EU-Turkey relations, while maintaining a high degree of vigilance and dialogue on the situation of human rights in Turkey;

General assessment of the accession process

| 1. | Notes with serious concern that in recent years, although Turkey is a candidate country, its government has pursued a continuous and growing distancing from EU values and standards; notes that, in addition to this, unilateral actions in the Eastern Mediterranean as well as strong and at times provocative statements against the EU and its Member States have brought EU-Turkey relations to an historical low point, having deteriorated to such an extent that it requires both parties to profoundly reassess the current state of these relations and their framework, in order to restore dialogue in a context of mutual trust and cooperation and effectively solve the root causes of the current conflicts; |
| --- | --- |

1.

| 2. | Notes that Turkey’s lack of political will to carry out the reforms required under the accession process and its failure to address the EU’s serious concerns about the rule of law and fundamental rights have deeply and negatively affected the accession process and its prospects and have led to EU-Turkey relations becoming progressively more transactional and driven by circumstances that barely reflect the original intended format of gradual and progressive alignment with predetermined benchmarks; notes that as a result, within the framework of accession negotiations, only 16 of the 35 chapters have been opened and only one chapter has been provisionally closed; stresses, therefore, that under the current circumstances, Turkey’s accession negotiations have effectively and regrettably come to a standstill; |
| --- | --- |

2.

| 3. | Is deeply concerned that, over the years, the lack of progress in Turkey’s convergence has transformed into a full withdrawal, marked by a stark regression in three main areas: (i) backsliding in relation to the rule of law and fundamental rights, (ii) adopting regressive institutional reforms and (iii) pursuing a confrontational and hostile foreign policy, including towards the EU and its Member States, especially Greece and Cyprus; is further concerned by the fact that this regression has increasingly been accompanied by an explicit and, at times, aggressive anti-EU narrative, displayed by high-level government officials, including the president, and amplified in the country by pro-government media outlets; calls, in this context, on Turkey to reassess and credibly demonstrate the sincerity of its commitment to closer relations and alignment with the European Union and the EU path, as this is an indispensable component of the viability of the entire accession process; |
| --- | --- |

3.

| 4. | Stresses that no incentive that the EU could offer can ever replace the much-needed political will in Turkey to ensure respect for democracy, the rule of law and fundamental rights and to ultimately become a member of the EU; recalls that the accession process is a merit-based process contingent on objective progress and a tangible commitment to the Copenhagen criteria, good neighbourly relations with EU Member States and the values of the EU; acknowledges the persistent strategy of openness and good will adopted by the EU, which recently materialised in the renewed positive agenda presented by the European Council in October 2020; acknowledges furthermore the ongoing diplomatic efforts by the EU aiming at rekindling a capacity of true and effective dialogue with Turkey; |
| --- | --- |

4.

| 5. | Recognises that the lack of results in an increasingly stagnant accession process has contributed to a fatigue felt on both sides and a progressive detachment and mounting disregard by the Turkish authorities for the results of the Commission’s progress monitoring procedure and Parliament’s resolutions; recalls, in this context, that the Council continued to block the opening of Chapter 23 on the Judiciary and Fundamental Rights and Chapter 24 on Justice, Freedom and Security at a time when the Government of Turkey had pledged to conduct serious reforms (though never delivered on them) and could use clear benchmarks; highlights, however, that the Council’s blockage cannot be an excuse for the backsliding suffered in recent years; takes the view that the accession process has become an end in itself; |
| --- | --- |

5.

| 6. | Regrets that, since Parliament’s last report, the situation, far from improving, has deteriorated even further with regard to domestic, institutional and foreign policies; firmly insists, therefore, if the current negative trend is not urgently and consistently reversed, that the Commission should recommend, in line with the negotiating framework from October 2005, the formal suspension of accession negotiations with Turkey, in order for both sides to review in a realistic manner and through a structured and comprehensive high-level dialogue, the appropriateness of the current framework and its ability to function, or, if necessary, to explore possible new models for future relations; acknowledges that, in any case, negotiations should be conducted in a bona fide manner and should not be derailed or overturned based on merely culturalist or religious motives; |
| --- | --- |

6.

| 7. | Regrets the current lack of understanding between the EU and Turkey, but reaffirms its firm conviction that Turkey is a country of strategic relevance in political, economic and foreign policy terms, a partner which is key for the stability of the wider region, and an ally with which the EU wishes to pursue the best possible relations, including within NATO and with a view to creating a stable and secure environment in the Eastern Mediterranean based on good dialogue, commitment, respect and mutual trust; reaffirms its interest in having strategic alignment and constructive cooperation based on shared values and interests in areas such as foreign policy and security, economy, trade, migration, climate change and digitalisation; is disappointed that all these prospects for a positive relationship are being frustrated by the current policy of the leadership of Turkey, including through Turkey’s destabilising attitude in the region and its unilateral actions in disregard of international law; |
| --- | --- |

7.

| 8. | Expresses its will to strengthen and deepen mutual knowledge and understanding between Turkish and EU Member State societies, promoting cultural growth, socio-cultural exchanges and combating all manifestations of social, religious, ethnic or cultural prejudice and intolerance; strongly reiterates that the European Union and its Member States are first and foremost friends and partners of Turkey and of the people of Turkey, with whom the EU shares deep commercial, cultural and historical links; expresses its full commitment to continue supporting Turkey’s independent civil society in whatever circumstances and framework of relations that the future may bring; believes, nevertheless, that the accession process is still the most powerful tool to exercise normative pressure on and constructive dialogue with the Government of Turkey and that it is also the best framework to sustain the democratic and pro-European aspirations of Turkish society and promote convergence with the EU and its Member States on policies and standards, including on fundamental rights and democratic values; stresses that a purely transactional relationship will hardly contribute to the advancement of Turkey towards a more democratic model and that the latter will require political will at the highest political level; |
| --- | --- |

8.

| 9. | In this context, stresses the importance of ensuring, in parallel with a capacity of dialogue at institutional level, close functioning links with Turkish society; therefore urges the Commission and the European External Action Service (EEAS) to prioritise the vibrant civil society in Turkey and its pro-democracy efforts, and to continue to support Turkish civil society organisations through relevant financial instruments, including the Instrument for Pre-Accession Assistance (IPA), as these organisations could contribute to generating the political will necessary for building strong foundations for the EU integration process; reiterates, in this context, its demand that the IPA funding for political reforms in Turkey be managed by the EU and continue to focus on fostering dialogue and providing support for civil society, non-state actors and people-to-people contacts, as long as the country is not making any progress with regard to democracy, the rule of law and human rights; encourages a new and immediate constructive dialogue mechanism with Turkish civil society for mutual confidence building and for sustaining the democratic and pro-European aspirations of Turkish society, supporting exchanges in particular on democratisation, human rights, the rule of law, good governance, sustainable development and the green and digital transitions, while relying on adequate EU funding for effective results; asks the Commission and the EEAS to continue to support young people in Turkey through relevant financial instruments and by extending participation in the Erasmus+ programme and the Jean Monnet scholarships, with a view to supporting, inter alia, research cooperation and the common fight against climate change, the protection of the environment and the empowerment of women in society and business; |
| --- | --- |

9.

The rule of law and fundamental rights

| 10. | Is deeply concerned by the serious backsliding on fundamental freedoms revealing the dire human rights situation in Turkey and the continued erosion of democracy and the rule of law, in violation of the Copenhagen criteria; |
| --- | --- |

10.

| 11. | Believes that the crucial area of fundamental rights and freedoms, which is at the core of the accession process, cannot be disconnected and isolated from overall relations and that it remains the main obstacle to progress on any positive agenda that could be offered to Turkey, which should also be contingent upon the full respect of international law and the fundamental principle of good neighbourly relations and regional cooperation; |
| --- | --- |

11.

| 12. | Stresses that the deterioration of fundamental freedoms in Turkey predates the period of the state of emergency declared after the coup attempt of 2016, of which it reiterates its strong condemnation; considers that extraordinary measures can be justified under exceptional circumstances, such as a coup attempt, but that they need to be proportional and remain limited in time and scope; notes with deep concern that, despite the formal lifting of this state of emergency in July 2018, a plethora of legal provisions and restrictive elements of the emergency rule have been integrated into law and that, therefore, the impact of the state of emergency on democracy and fundamental rights continues to be strongly felt, despite that existential threat having long ago and fortunately disappeared; |
| --- | --- |

12.

| 13. | Deeply regrets that this repressive form of rule has now become a deliberate, relentless, systematic state policy, which extends to any critical activities, such as peaceful political activism on issues of concern to Kurdish and Alevi people, peaceful protests and demonstrations held by former public sector workers, women’s and LGBTI rights activists and victims of the state of emergency, or even to events that took place prior to the attempted coup, such as the Gezi protests; |
| --- | --- |

13.

| 14. | Regrets that the current overly broad anti-terrorism provisions and the abuse of the anti-terror measures have become the backbone of this state policy of repression of human rights and of any critical voice in the country, with the complicit cooperation of a judiciary branch unable or unwilling to rein in any abuses of the constitutional order; regrets that this broad concept of terrorism contravenes the basic principle of individual responsibility through collective generic accusations; notes with great concern the continued mass incarceration of people, including journalists, human rights defenders and political opponents, convicted or held in pre-trial detention on terrorism-related charges, in particular for alleged membership of a terrorist organisation, based on scant evidence; is highly concerned that, as stated during the adoption of the Universal Periodic Review, Turkey’s authorities have no plans to further revise the Anti-Terror Law; therefore urges Turkey to align its anti-terrorism legislation with international standards in order to ensure effective protection of fundamental rights and freedoms and proportionality and equality before the law; recognises that Turkey has legitimate security concerns and the right to fight terrorism; stresses, nevertheless, that this must be done in full respect of the rule of law, human rights and fundamental freedoms; reiterates its firm and unambiguous condemnation of the violent terrorist attacks by the Kurdistan Workers’ Party (PKK), which has been on the EU list of terrorist organisations since 2002; conveys its sincere condolences to the Turkish public and in particular the families of the 13 Turkish citizens killed in the terror attack in Gara, Iraq, in February 2021; |
| --- | --- |

14.

| 15. | Deeply regrets that Turkey’s anti-terror provisions and measures have retained numerous emergency restrictions and are thus continuing to have an adverse effect on human rights and fundamental freedoms, including by restricting due process guarantees, prolonging the duration of pre-trial detention and allowing dismissals of public officials because of alleged links to terrorist organisations to continue; |
| --- | --- |

15.

| 16. | Is highly worried that the racist right-wing extremist Ülkücü movement, known as ‘Grey Wolves’, which is closely linked to the ruling coalition party MHP (the Nationalist Movement Party), is spreading in Turkey itself, but also in EU Member States; calls on the EU and its Member States to examine the possibility of adding Grey Wolves to the EU terrorist list, to ban their associations and organisations in EU countries, to closely monitor their activities and to counter their influence, which is especially threatening for people with a Kurdish, Armenian or Greek background and anyone they consider an opponent; |
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16.

| 17. | Considers that the erosion of the rule of law and the systemic lack of independence of the judiciary continue to be two of the most pressing and worrying issues; condemns the increased surveillance by the executive and the political pressure affecting the work of judges, prosecutors, lawyers and bar associations; is deeply concerned about the deteriorating structural problems concerning the lack of institutional independence of the judiciary in favour of the executive; points to the fact that the lack of independence of the judiciary, coupled with the chilling effect of the mass dismissals carried out by the government in the past years, constitute serious threats to the rule of law and undermine the capacity of the judiciary as a whole to provide an effective remedy for human rights violations, both with regard to measures taken under the state of emergency, and in general; notes with regret that in this context, the judicial reform strategy and the three subsequent legislative packages will not be able to achieve the stated objectives, especially if they do not translate into actual changes in the behaviour of public prosecutors and if court resolutions continue to contravene international standards; stresses that a serious reform of the legislative and judicial branches of power is urgently needed in order to improve access to the justice system, increase its effectiveness and provide better protection of the right to a fair trial within a reasonable time; |
| --- | --- |

17.

| 18. | Condemns the dismissal, large-scale transfer and forced removal of approximately 30 % of Turkish judges and prosecutors, which is causing a worrying level of intimidation, self-censorship and a decline in the overall quality of judicial decisions; recalls that any dismissals and appointments within the judiciary should be subject to particularly exacting scrutiny, that the executive branch should be prohibited from interfering with or attempting to exert influence over the judiciary and that the appointment of judges should respect the principles of independence and impartiality; deeply regrets that, during the adoption of the outcome of the Universal Periodic Review in October 2020, Turkey refused to accept the recommendations to introduce a constitutional amendment to make the Council of Judges and Prosecutors (Hâkimler ve Savcılar Kurulu — HSK) independent of the executive; calls for the shortcomings in the structure and process for the selection of the members of this Council to be addressed with a view to ensuring its independence and putting an end to its arbitrary decisions; |
| --- | --- |

18.

| 19. | Is deeply concerned about the situation of lawyers in Turkey, as over the last few years hundreds have been (and continue to be) harassed, arrested, prosecuted and convicted in relation to their professional activities and for representing their clients; shares the concerns highlighted in the opinion of the Venice Commission adopted in October 2020 on the July 2020 amendments to the Law on Lawyers of 1969, notably on the creation of multiple bar associations in the same city; stresses that this will lead to further politicisation of the legal profession, resulting in incompatibility with the impartiality requirement of the legal profession and endangering the independence of lawyers; is of the view that this legal reform may be a further blow to the functioning of the judiciary and an attempt to disempower existing bar associations and eradicate the remaining critical voices; urges the Turkish authorities to respect the independence of lawyers and to allow them to conduct their work freely in line with international human rights standards; calls for the immediate and unconditional release of all lawyers who are detained solely for exercising the legal profession; |
| --- | --- |

19.

| 20. | Deplores the death of lawyer Ebru Timtik after 238 days of hunger strike to demand a fair trial after her conviction for alleged membership of a terrorist organisation while her appeal was pending before the Court of Cassation; reminds that she is the fourth prisoner to die in 2020 as a result of a hunger strike to demand a fair trial, following the deaths of Helin Bölek and İbrahim Gökçek, two musicians from the Grup Yorum band, and of Mustafa Koçak; expects that the ongoing trial against three police officers charged with the killing of the Kurdish human rights lawyer, Tahir Elçi, will finally reveal the full circumstances around his death and bring justice in his case; |
| --- | --- |

20.

| 21. | Is deeply worried about the disregard by the Turkish judiciary and by the Government of Turkey of ECtHR rulings and the increasing non-compliance of lower courts with the judgments of the Constitutional Court; recognises that there have been instances where the Turkish judiciary has conducted retrials of prisoners following a decision by the ECtHR; notes with regret, however, that these retrials often fail to meet internationally recognised standards for a fair trial, such as in the İlhan Sami Çomakcase; calls on Turkey to ensure full respect of the European Convention on Human Rights and adherence to the relevant judgments and rulings of the ECtHR, and to cooperate with the Council of Europe with a view to strengthening the rule of law, democracy and fundamental rights; hopes that the ECtHR will be able to prioritise and accelerate the delivering of judgments in the numerous Turkish cases pending before its court, including the case of the journalist Hanım Büşra Erdal; welcomes the recent ECtHR judgment in the case of prominent writer Ahmet Altan, which had been pending since 2017 and which ruled that there had been, among others, violations of his rights to liberty and security, and freedom of expression; welcomes his subsequent release from prison after the Turkish Court of Cassation reversed the ruling against him and calls once again on the relevant Turkish authorities to swiftly apply all other ECtHR rulings; notes that the Turkish judiciary is also disregarding decisions adopted by UN mechanisms such as the UN Human Rights Committee and the Working Group on Arbitrary Detention; |
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21.

| 22. | Deplores the detention conditions of Fabien Azoulay, a French national arrested and convicted in Turkey, who has been held in prison for more than four years, most recently in Giresun prison, where he has been subjected to physical violence and repeated mistreatment, as well as attempts to force him to convert to Islam; strongly condemns the homophobic and anti-Semitic motives behind his repeated mistreatment; urges the Turkish authorities to without delay take all necessary measures to ensure his protection and transfer to his home country; |
| --- | --- |

22.

| 23. | Deplores the lack of effective remedy for the large-scale dismissals affecting many individuals, among them more than 152 000 civil servants, including teachers, doctors, academics, lawyers, judges and prosecutors, who were dismissed and permanently banned from working in the public sector or even in their profession as a whole; stresses that many of these dismissals continue to have devastating effects on those concerned, as well as their families, including a lasting social and professional stigma; has strong doubts about the effective functioning of the Inquiry Commission on the State of Emergency Measures (CoSEM) as an internal remedy due to its lack of independence, impartiality and efficiency; notes that arbitrary passport cancellations, despite some incremental improvements, remain a major unjustified constraint on the freedom of movement of the people concerned; calls on the Turkish authorities to respect the rights of defence of those dismissed and to ensure an assessment procedure in line with international standards; |
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23.

| 24. | Is appalled by the statements by top representatives of the executive and the ruling coalition on the possible reinstatement of the death penalty that Turkey abolished in 2004; warns that such a regrettable move would not only contravene Turkey’s existing international commitments, but would be incompatible with the EU accession process; |
| --- | --- |

24.

| 25. | Reiterates the importance of media freedom and independence as one of the core values of the EU and a cornerstone of any democracy; expresses serious concern about the disproportionate and arbitrary measures curtailing freedom of expression, media freedom and access to information in Turkey, where anti-terror legislation is frequently misused with the aim of muzzling criticism, amid a suffocating lack of pluralism in the media; urges Turkey to guarantee media freedom and freedom of speech on social media platforms as a matter of priority, including by reforming Article 299 of its Criminal Code (on insulting the President), which is consistently abused to persecute writers, reporters, columnists and editors, and to immediately release and acquit all unlawfully detained journalists, writers, media employees and social media users for exercising their profession and civil rights; notes that, even though in the last year the number of journalists in prison has decreased from 160 to over 70, this number remains very high and continues to be a cause of serious concern, and that too often people are jailed for unsubstantial reasons; calls on the Turkish authorities to demonstrate zero tolerance towards all incidents of physical and verbal abuse or threats against journalists, and to allow media outlets which have been arbitrarily closed to reopen; is deeply concerned by the decision of the Istanbul provincial court of 20 October 2020 to overturn the previous acquittal and retry once again Reporters Without Borders Turkey representative Erol Önderoğlu, human rights defender Şebnem Korur Fincancı and the writer and journalist Ahmet Nesin, who are accused of several crimes, including spreading terrorist propaganda, because of their participation in a solidarity campaign with a newspaper, and are facing up to 14,5 years in prison; |
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25.

| 26. | Is seriously concerned about the negative impact the Law on the Arrangement of Internet Publication and Combatting Crimes Committed Through These Publications of July 2020 will have on freedom of expression, as it places new draconian obligations on social media providers, gives the government sweeping powers to censor online content and provides further grounds for the prosecution of social media users; notes the lifting of the ban on Wikipedia, but stresses that over 400 000 websites remain blocked and several restrictions on the use of social media continue to be in force; |
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26.

| 27. | Is deeply concerned about the lack of independence and impartiality of public entities, such as the Radio and Television Supreme Council (RTÜK) and the Press Advertising Agency (BİK), which are being used as a tool to arbitrarily suspend, ban, fine or financially strangle media outlets considered to be critical of the government, allowing for almost complete control of mass media; regrets the cancellation in 2019 of more than 700 press cards by the presidency’s Directorate of Communications and the difficulties that local and international journalists encounter while doing their job; |
| --- | --- |

27.

| 28. | Commends the existence of a vibrant, plural, engaged and heterogeneous civil society in Turkey, in spite of the massive political crackdown, as it represents one of the few remaining checks on the Turkish Government and has the potential to help the country confront its deep political and social challenges; is deeply worried about the further backsliding affecting the freedoms of assembly and association and denounces the arbitrary closure of civil society organisations, including prominent human rights non-governmental organisations and media; condemns, in this context, the new Law on Preventing Financing of Proliferation of Weapons of Mass Destruction of December 2020, which grants the Turkish Interior Ministry and the president extensive authority to restrict the activities of non-governmental organisations, business partnerships, independent groups and associations and appears to be aimed at further limiting, restricting and controlling civil society; strongly supports the call by several UN special representatives on the Government of Turkey to review this legislation in order to ensure compliance with Turkey’s international human rights obligations; calls on Turkey to view critical or dissenting voices, including human rights defenders, academics and journalists, as valuable contributors to social dialogue, rather than destabilising forces; |
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28.

| 29. | Deplores the massive deterioration of academic freedom in Turkey, in particular the continuous breaches of the rights of Peace Academics, despite the Constitutional Court decision of July 2019, and the amendments to the Turkish Higher Education Council Law, which add additional restrictive measures to the ones already in force; |
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29.

| 30. | Condemns the violent repression by Turkish authorities of the protests related to the appointment by the government of the rector of Boğaziçi University; is appalled by the mass detention of students, the excessive use of force by the police in peaceful demonstrations, the Istanbul governor’s decision to selectively ban all kinds of meetings and demonstrations in the area surrounding the university, the depiction of protestors — namely students, alumni and academics — as terrorists and the targeting of LGBTI groups; calls on Turkey to drop charges and release those arbitrarily detained for exercising their right to peaceful assembly; |
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30.

| 31. | Urges Turkey to refrain from detaining and prosecuting journalists and human rights defenders as a means of intimidating them or discouraging them from freely reporting on human rights issues; urges Turkey to promptly and independently investigate reported instances of intimidation and harassment of human rights defenders, journalists, academics and civil society activists, and to hold accountable those responsible for such abuses; |
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31.

| 32. | Is deeply concerned about the constant attacks and pressure on opposition parties in Turkey, including the sentencing of members of the opposition or abuses by the incumbent government of financial resources and the administrative competencies of the state, which undermines the proper functioning of a democratic system; calls on the main Turkish parties to continue their democratic and parliamentary efforts in promoting the European path for Turkey within the laws and the Constitution of Turkey; |
| --- | --- |

32.

| 33. | Notes with great concern the way that the People’s Democratic Party (HDP), including its youth organisations, has been specifically and continuously targeted by the Turkish authorities; strongly condemns the indictment filed by Turkey’s Court of Cassation prosecutor at the Constitutional Court seeking the dissolution of the HDP and the political ban on more than 600 HDP members; stresses that as well as being a serious political mistake in the medium term, this would represent an irreversible blow to pluralism and democratic principles, leaving millions of voters in Turkey without representation; strongly condemns the continued detention since November 2016 of former HDP co-chairs Figen Yüksekdağ and Selahattin Demirtaş, opposition leader and former presidential candidate, and of the former mayor of Diyarbakır Gülten Kışanak; recalls the ruling by the ECtHR on Demirtaş’s case of 20 November 2018, confirmed by the ruling of its Grand Chamber on 22 December 2020, which calls on the Turkish authorities to immediately release him; is appalled by the continuous failure to comply with this binding ECtHR ruling; condemns the recent decision by Istanbul’s Bakırköy 46th Criminal Court of First Instance to sentence Selahattin Demirtaş to three and a half years in jail for allegedly insulting the president, one of the longest sentences ever handed down for such charges; regrets that on 7 January 2021, the Ankara 22nd Assize Court accepted another indictment against a total of 108 politicians, including Mr Demirtaş and Ms Yüksekdağ for their alleged role in the Kobane protests of October 2014, even though it is based on the same set of facts and incidents that the Grand Chamber already found to constitute insufficient grounds for his detention; also condemns the recurrent use of revocation of the parliamentary status of opposition MPs, which seriously damages the parliament’s image as a democratic institution; is worried that the Ankara Chief Public Prosecutor is preparing enquiries to lift the parliamentary immunities of nine more HDP deputies — including current HDP co-chair Pervin Buldan, Meral Danış Beştaş, Hakkı Saruhan Oluç, Garo Paylan, Hüda Kaya, Sezai Temelli, Serpil Kemalbay Pekgözegü, Pero Dündar and Fatma Kurtulan — so that they can be prosecuted for their alleged role in the 2014 Kobane protests; highlights the case of Cihan Erdal, member of the youth wing of the Turkish Green/Left party, who, while temporarily visiting Turkey to see his family, was arrested and detained on 25 September 2020 for the sole reason of having been a member of the HDP six years prior to his arrest; condemns the decision to strip HDP MP Ömer Faruk Gergerlioğlu of his parliamentary seat and parliamentary immunity and his subsequent arrest on the premises of the Grand National Assembly of Turkey; believes this decision to be a retaliation for his human rights activism, including for the fact that he brought to the floor of parliament widespread claims of strip searches and harassment in prisons and under police custody and started a social media campaign against them; |
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33.

| 34. | Is deeply concerned about the gradually increasing pressure on the main opposition party (CHP) and its leader Kemal Kılıçdaroğlu, including the confiscation of party brochures by court order, the application for a waiver of immunity against the leader on the basis of his political statements, the threats made publicly against him or even physical attacks; reiterates its serious concern about the continuous political and judicial harassment of Canan Kaftancıoğlu, Istanbul provincial chair of the CHP, who was sentenced on September 2019 to almost 10 years in prison on a politically motivated case, for which a Supreme Court decision is pending, and who was indicted in December 2020 facing a sentence of another 10 years in a new political case, which also affects in parallel four journalists from Cumhuriyet daily; welcomes the fact that CHP MP Enis Berberoğlu has recovered his seat and parliamentary immunity pursuant to a second ruling by the Constitutional Court on 21 January 2021, as its previous ruling had been disregarded by lower courts; |
| --- | --- |

34.

| 35. | Calls on Turkey’s relevant authorities to release all imprisoned human rights defenders, journalists, lawyers, academics and others who have been detained on unsubstantiated charges and to enable them to carry out their work without threat or impediment in all circumstances; calls on the Commission and the Member States to increase their protection of and support for human rights defenders at risk in Turkey, including through emergency grants; condemns the decision of the Istanbul Regional Court of Appeal to uphold the long prison sentences of four human rights defenders in the Büyükada case on terrorism-related charges, despite the absence of any evidence of criminal activity and the fact that allegations against these defendants had repeatedly been disproven, including by the state’s own evidence; considers this case another example of the hostile environment against civil society organisations and the recurrent influence of virulent political discourse leading to biased judiciary decisions; condemns the rearrest of writer Ahmet Altan in November 2019 just a week after he was released from prison following more than three years in pre-trial detention; is deeply concerned about the harassment against Öztürk Türkdoğan, a renowned human rights figure and co-chair of İnsan Hakları Derneği (the Human Rights Association (İHD), who was recently arrested during a home raid in connection with a classified investigation and was later released; |
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35.

| 36. | Strongly condemns the rearrest of Osman Kavala, a prominent and respected leading civil society figure, only hours after his acquittal in February 2020, and his continued detention for over three years on spurious charges, which constitutes a blatant refusal to abide by the final judgment of the ECtHR and the subsequent calls by the Council of Europe Committee of Ministers; considers the new case and indictment against him and US academic Henri Barkey — for allegedly spying and attempting to overthrow Turkey’s constitutional order — unfounded, devoid of any evidence and therefore politically motivated; is utterly shocked by recent court decisions, such as the 22 January 2021 ruling by the Istanbul Court of Appeal overturning the previous verdict of acquittal and ruling in the retrial of the Gezi Park case and the 5 February 2021 Istanbul Court decision to merge this newly reopened case with the other case on espionage, in total disregard of the ECtHR verdict; highlights that the ECtHR already issued a verdict in the Gezi case and that merging both cases therefore makes the continuation of the pre-trial detention even more absurd and unlawful; is appalled by the decision of the Council of Judges and Prosecutors (HSK) to investigate the three judges of the Istanbul 30th Heavy Penal Court who on February 2020 acquitted Kavala and the rest of the defendants in the Gezi Park trial due to the lack of evidence; is appalled to see how, on the other hand, the former Istanbul Deputy Public Prosecutor Hasan Yılmaz, responsible for the second indictment against Kavala, has subsequently been appointed Deputy Minister of Justice; |
| --- | --- |

36.

| 37. | Is deeply concerned by the continued allegations of violent arrests, beatings, torture, ill-treatment and cruel and inhumane or degrading treatment in police and military custody and in prison, as well as by cases of enforced disappearances over the past four years, by the failure of prosecutors to conduct meaningful investigations into such allegations and by the pervasive culture of impunity for members of the security forces and public officials implicated; calls on the Turkish Government to clarify the destiny of the hundreds of disappeared persons and finally give an answer to the Cumartesi Anneleri (Saturday Mothers) who have now come together more than 800 times to ask for justice; urges Turkish authorities to investigate persistent and credible reports of torture and ill-treatment in custody and hold those responsible to account; calls on Turkey to abide by a zero-tolerance policy on torture; calls on Turkey to terminate all incommunicado detention and detention in unofficial detention locations; is appalled by the reported practice of arresting pregnant and post-partum women and urges Turkey to release them and to end the practice of arresting them just before or immediately after giving birth; points to the disappearance of former public sector worker Yusuf Bilge Tunç, who was reported missing in August 2019; is very concerned about the increasing reports of the systematic and abusive use of humiliating strip searches in places of detention and prisons, particularly on female suspects and detainees; |
| --- | --- |

37.

| 38. | Is worried about the new legislation according to which Turkish police will be allowed to use military gear, including heavy weaponry and secret service equipment, to deal with public incidents and events that threaten national security without any additional procedures; |
| --- | --- |

38.

| 39. | Notes that, in the light of the COVID-19 pandemic, a legislative package provided for the conditional early release of up to 90 000 prisoners excluding, however, in a discriminatory manner, those held in pre-trial detention for alleged terrorism-related offences, including lawyers, journalists, politicians and human rights defenders, as they are not eligible for early release under these measures; |
| --- | --- |

39.

| 40. | Condemns any forced extraditions, kidnappings or abductions of Turkish citizens residing outside Turkey for political reasons in violation of the principle of the rule of law and human rights; expresses serious concern about the Turkish Government’s use of its influence to secure forcible returns of its citizens in violation of international law, in some cases by undermining domestic legal procedures for extradition, and urges the EU to address this matter; condemns any attempts to use violence against, harass or put pressure on opposition members and politicians of Turkish origin, as well as intellectuals, politicians and activists in general in Europe; |
| --- | --- |

40.

| 41. | Is concerned that the Ombudsman and the Human Rights and Equality Institution of Turkey do not satisfy the criteria of the Paris Principles or the European Commission against Racism and Intolerance’s general policy recommendations Nos 2 and 7 in terms of statute, structure, function, activities, financial and operational independence, board members’ independence, and eligibility and membership; |
| --- | --- |

41.

| 42. | Takes note of the recently adopted human rights action plan set to be implemented over a two-year period, promising a number of legal reforms and containing nine main aims, 50 goals and almost 400 actions, varying from specific and technical commitments to, to a large extent, general and ambiguous statements; highlights that while the action plan claims to address key issues such as judicial independence, freedoms of expression and association and the protection of vulnerable groups, it falls short of addressing key shortcomings regarding the human rights and rule of law situation in Turkey, as it does not include actions aimed at reversing the abuse of terrorism-related charges, putting an end to arbitrary detentions or ensuring compliance with ECtHR rulings, among other key concerns; considers that any action plan will only provide an opportunity to improve the overall situation if it translates into real and credible remedies addressing the whole range of challenges in the field of human rights and the rule of law; encourages the Government of Turkey to provide a clearer timetable for its effective implementation, and to involve civil society organisations and relevant stakeholders in the design of any relevant policy on this matter; |
| --- | --- |

42.

| 43. | Is concerned about the widespread level of corruption in Turkey; stresses that the Commission reports state that no sign of progress in addressing the many gaps in the Turkish anti-corruption framework was found and calls on Turkey to present an effective anti-corruption strategy and action plan; notes that the accountability and transparency of public institutions need to be improved; notes that Turkey has made limited progress in the fight against organised crime; calls on Turkey to align its data protection law with EU standards in order to be able to cooperate with Europol and to improve regulations on the fight against money laundering, terrorism financing and cybercrime; |
| --- | --- |

43.

| 44. | Remains deeply concerned by the situation in the south-east of Turkey and the Kurdish issue, which receive less attention than they deserve, particularly when it comes to the protection of human rights, political participation, freedom of expression and freedom of belief; is concerned by the restrictions on the rights of journalists and human rights defenders working on the Kurdish issue and the continued pressure on Kurdish media, cultural and language institutions and expressions all around the country, leading to further shrinking of cultural rights; is concerned that hate speech and threats directed against citizens of Kurdish origin remain a serious problem; stresses the urgency of resuming a credible political process involving all relevant parties and democratic forces and leading to a peaceful settlement of the Kurdish issue; is particularly concerned about the persistent disadvantaged situation of Kurdish women, exacerbated by prejudice against their ethnic and linguistic identity, leading to their further marginalisation with respect to their civil, political, economic, social and cultural rights; calls on Turkey to ensure full capacity of access to equal rights and opportunities for Kurdish women; calls on Turkey to promptly investigate all serious allegations of human rights abuses, killings and forced disappearances, and to allow international observers to carry out independent monitoring activities; is concerned by the recent mass raids and detentions in Diyarbakır affecting lawyers, politicians and civil rights activists, and by the imprisonment of five civil society figures including Dr Şeyhmus Gökalp, High Honorary Board Member of the Turkish Medical Association (TTB); urges Turkey to ensure that a prompt, independent and impartial investigation is carried out into the allegations of torture of two villagers in Van, Servet Turgut and Osman Şıban, after they were detained by the gendarmerie on 11 September 2020, which caused the death of the former and severe injuries to the latter; |
| --- | --- |

44.

| 45. | Urges the Government of Turkey to protect the rights of minorities and vulnerable groups, including women and children, LGBTI people, refugees, ethnic minorities such as Roma, Turkish citizens of Greek and Armenian descent and religious minorities such as Christians, Jews or Alevis; therefore calls on Turkey to urgently put in place comprehensive anti-discrimination legislation, including a prohibition on discrimination on the grounds of ethnic origin, religion, language, citizenship, sexual orientation and gender identity, and measures against racism, homophobia and transphobia; |
| --- | --- |

45.

| 46. | Strongly condemns the Turkish Government’s decision to withdraw from the Istanbul Convention, bringing Turkey further away from EU and international standards and putting into serious question its commitments to prevent violence against women and promote women’s rights, which is a clear sign of the serious deterioration of human rights in the country; finds this decision incomprehensible as the convention has not changed since Turkey was the very first country to sign and ratify it, and also dangerous, in a time of rising violence against women during the pandemic and in view of the high femicide rate in the country; calls on Turkey’s Government to urgently reverse it; calls for any new relationship with Turkey to be based on fundamental democratic values, including respect for women’s rights; continues to be concerned about the prevalence and severity of violence against women in Turkish society, including so-called honour killings, non-legal child marriages and sexual abuse, and about the Turkish authorities’ reluctance to punish the perpetrators of gender-based violence; rejects any legal provision that could in the future allow rapists to be given suspended sentences for child sex offences as long as they marry their victim; urges the Turkish authorities to increase their efforts to fight child labour, which has decreased in recent years but is still notable in Turkey, and against any form of child abuse; deplores the continued very low level of representation of women in government and parliament, with only 17,3 %, at the local level and in general in any decision-making positions; |
| --- | --- |

46.

| 47. | Expresses deep concern about the violations of the human rights of LGBTI people, in particular physical attacks, the prolonged bans on pride marches across the country or the restrictions on the freedoms of assembly, association and expression; recalls that Turkey is among the countries with the highest murder rates of transgender persons; condemns the homophobic language and hate speech by high-level government officials, including the head of the Directorate of Religious Affairs (Diyanet), the Ombudsman Institution or the chair of the Red Crescent Society of Turkey; calls on the Turkish authorities to increase their efforts to prevent hate crimes, prejudice and social gender-based inequality; recalls that legislation in Turkey on hate speech is not consistent with ECtHR case law; |
| --- | --- |

47.

| 48. | Deeply regrets the conversion of the Hagia Sophia historical-religious monument into a mosque without prior dialogue, which could violate the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage to which Turkey is a signatory; calls on Turkey’s Government to reconsider and reverse this decision in order to fully respect the historical and cultural character of cultural and religious monuments and symbols, especially UNESCO world heritage sites; recalls that Hagia Sophia is a place open for all communities and religions and calls on UNESCO to take proper actions in order to safeguard this World Heritage Site; stresses that the decision on Hagia Sophia undermines efforts of dialogue and cooperation between religious communities as well as Turkey’s pluralistic, multicultural social fabric; regrets that Moni tis Choras/Chora Church was also converted from a museum into a mosque during the last months; |
| --- | --- |

48.

| 49. | Calls on the Turkish authorities to promote positive and effective reforms in the area of freedom of thought, conscience and religion by enabling religious communities to obtain legal personality, and by applying Venice Commission recommendations on the status of religious communities, all relevant ECtHR rulings and Council of Europe resolutions, including on the Greek Orthodox population of the islands of Gökçeada (Imbros) and Bozcaada (Tenedos); regrets the actions against the monastics of Mor Gabriel and other monasteries in south-eastern Turkey and reiterates its call on Turkey to respect the importance of the Ecumenical Patriarchate for Orthodox Christians all over the world, to recognise its legal personality and the public use of the ecclesiastical title of the Ecumenical Patriarch; stresses the need to eliminate restrictions on the training, appointment and succession of clergy, to allow the reopening of the Halki Seminary and to lift all obstacles for its proper functioning; |
| --- | --- |

49.

| 50. | Calls on Turkey to cooperate with relevant international organisations, especially the Council of Europe, on preventing and combatting illicit trafficking and the destruction of cultural heritage; stresses the importance of pursuing dialogue with relevant international organisations and the EU on the preservation of cultural and religious heritage; |
| --- | --- |

50.

| 51. | Expresses concern that Uighurs living in Turkey are increasingly at risk of detention and deportation to other countries that can then potentially hand them over to China, where they are likely to face grave persecution; |
| --- | --- |

51.

| 52. | Calls for the effective implementation of the second action plan and the national strategy for Roma, with a more inclusive approach towards civil society, a reinforced gender perspective, enhanced cooperation with local authorities and the allocation of the necessary resources; |
| --- | --- |

52.

| 53. | Points out that trade union freedom and social dialogue are vital to the development of a pluralistic society; regrets, in that respect, the legislative shortcomings on labour and trade union rights and stresses that the right to organise, the right to enter into collective bargaining and the right to strike are fundamental rights of workers; is concerned by the continuing strong anti-union discrimination by employers and by the dismissals, harassment and detentions that managers and members of some unions continue to face; calls on the Turkish authorities to comply with the International Labour Organization core labour standards to which the country has committed; |
| --- | --- |

53.

| 54. | Calls on Turkey to maintain progress in its alignment with the EU directives and acquis related to the environment and climate action and to ratify the Paris Agreement on climate change; commends the work of environmental rights defenders in Turkey and warns against the environmental impact of major public infrastructure projects carried out in the past years, including Istanbul’s third and largest airport and the third Bosphorus bridge; is particularly concerned of the potential ecological destruction that the planned Istanbul Canal project could cause; highlights that several court cases have been brought against the positive environmental impact assessment (EIA) of this project and calls for independent EIAs to be carried out, along with transparent procedures for public procurement and inclusive proper public consultation processes; calls on Turkey to complete its alignment with the EU Directive on EIA (8) including the provisions that would require it to run transboundary consultations with the neighbouring countries; reiterates its call on the Turkish Government to halt its plans for the Akkuyu nuclear power plant, which will be located in a region prone to severe earthquakes, therefore posing a major threat not only to Turkey, but also to the Mediterranean region; requests, accordingly, that the Turkish Government join the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention), which commits its parties to notifying and consulting each other about major projects under consideration that are likely to have a significant adverse environmental impact across borders; asks the Turkish Government, to this end, to involve or at least consult the governments of its neighbouring countries in relation to any further developments in the Akkuyu venture; |
| --- | --- |

54.

Institutional framework

| 55. | Is alarmed by the consolidation of an authoritarian interpretation of the presidential system; is deeply concerned about the continued hyper-centralisation of power in the presidency — to the detriment not only of the parliament, but also of the Council of Ministers itself — under the reformed constitutional design, which does not ensure a sound and effective separation of powers between the executive and the legislative branches and the judiciary; in this respect, notes the concern raised regarding the separation of powers by the Venice Commission in its opinion on the amendments to the Constitution of Turkey; regrets the current limitations to the checks and balances needed for an effective democratic accountability of the executive branch, and in particular the lack of accountability of the presidency; is concerned by the increasing influence of the presidency over state institutions and regulatory bodies that should remain independent; expresses its concern particularly at the marginalisation of the parliament which has seen its legislative and oversight functions largely undermined and its prerogatives recurrently breached by presidential decrees; calls on the review of the current presidential design and implementation in line with the principles of democracy as referred to in the recommendations of the 2017 Venice Commission of the Council of Europe; |
| --- | --- |

55.

| 56. | Recalls that the 10 % electoral threshold — the highest among Council of Europe members — is at odds with the case law of the ECtHR and reduces the opportunities for representation of large groups of the electorate; is concerned by the public statements on possible electoral reforms which could further hamper the entry and participation of political parties into the parliament and the eventual establishment of parliamentary majorities; calls on Turkey to improve the broader environment for elections at all levels in the country, ensuring a fair and free playing field for all candidates and parties and aligning itself with the recommendations of the Venice Commission and the Organization for Security and Co-operation in Europe (OSCE) on addressing the gaps in the electoral framework and its call to reverse decisions that are not consistent with international regulations and standards; |
| --- | --- |

56.

| 57. | Notes with concern that the civil service system continues to be marked by partisanship and politicisation and that this, together with the excessive presidential control at every level of the state machinery, has resulted in an overall decline in the efficiency, capacity and quality of the public administration; calls on Turkey to take measures to restore a merit-based competitive promotion system and to ensure the transparency and accountability of the administration; |
| --- | --- |

57.

| 58. | Is deeply concerned about the ever more frequent use of an ultra-nationalist and inflammatory narrative among the ruling elite — which is widely shared across the political spectrum in the country — as this increasingly gives rise to antagonistic approaches towards the EU, its Member States and other neighbouring countries; is concerned about the deep polarisation of Turkish politics, accentuated by the new presidential system, and the increasing use of polarising populistic narratives, which further divide Turkish society and hamper inter-party dialogue and reconciliation; is concerned about the increasing clout of religious conservatism in political life, in contrast with the long-established secular tradition of the country; is worried, in this sense, about the growing role and resources of the Directorate for Religious Affairs (Diyanet) in all spheres of Turkish public life, including education, and also abroad, including a sizeable presence in Europe; |
| --- | --- |

58.

| 59. | Is deeply worried about the severe impact on local politics and local democracy of recent decisions taken by the Turkish authorities; strongly condemns the removal and imprisonment of at least 47 democratically elected mayors from office (including the mayors of Diyarbakir, Van, Mardin and more recently Kars) on the basis of questionable evidence and, in particular, their arbitrary replacement by unelected trustees appointed by the central government; strongly believes these unlawful decisions constitute a direct attack on the most basic principles of democracy, depriving millions of voters of their democratically elected representation; calls on Turkey to restore the deposed mayors to their office; |
| --- | --- |

59.

| 60. | Notes the political, legislative, financial and administrative measures taken by the government to paralyse municipalities run by mayors of opposition parties in Istanbul, Ankara, Izmir and the south-east; condemns the Supreme Election Council’s (YSK) decisions to rerun the metropolitan mayoral election in Istanbul and the denial of mayoral mandates to winning HDP candidates in favour of second-placed Justice and Development Party (AKP) candidates, undermining the respect for the legality and integrity of electoral processes and the institution’s independence from political interference; |
| --- | --- |

60.

Wider EU-Turkey relations and Turkish foreign policy

| 61. | Recalls the important role Turkey played and still plays by hosting almost four million refugees — of which approximately 3,6 million are Syrian refugees and around 360 000 are registered refugees and asylum seekers from other countries according to United Nations High Commissioner for Refugees data — and recalls that this is the largest refugee community in the world; notes that the challenges in addressing this crisis have increased due to the COVID-19 pandemic; commends the efforts taken by all involved authorities, particularly the municipalities, to improve the integration of refugee populations; takes the view that the EU should continue to give the necessary support to Syrian refugees and host communities in Turkey, including through continuing support for relevant UN programmes for refugee communities in Turkey; supports an objective assessment, including a human rights impact assessment, of the EU-Turkey Statement and of cooperation on refugees, asylum seekers and migration, and underlines the need for both parties to comply with their respective commitments and with fundamental rights as part of the implementation process; emphasises that the instrumentalisation of migrants and refugees cannot be accepted as a tool for political leverage and blackmail; strongly condemns, in this regard, Turkey’s use of migratory pressure for political purposes in March 2020, when the Turkish authorities actively encouraged migrants and refugees and asylum seekers with misleading information to take the land route to Europe through Greece; notes that pending the full and effective implementation of the EU-Turkey Readmission Agreement (9) vis-à-vis all Member States, existing bilateral readmission agreements and provisions in similar agreements and arrangements with Member States should be adequately implemented; recalls that Syrian refugees should be repatriated to Syria only if they choose to go voluntarily and can return to their original communities; |
| --- | --- |

61.

| 62. | Reaffirms its call expressed in its resolution of 15 April 2015, and once again encourages Turkey to recognise the Armenian Genocide, thus paving the way for a genuine reconciliation between the Turkish and Armenian peoples; calls on Turkey, in this regard, to refrain from any anti-Armenian propaganda and hate speech, and to fully respect its obligations to protect Armenian and other cultural heritage; |
| --- | --- |

62.

| 63. | Is firmly convinced that the COVID-19 pandemic can only be tackled through global cooperation; believes that EU-Turkey cooperation could be further deepened in this regard, including with respect to the establishment of sustainable supply chains; welcomes Turkey’s positive role in supplying protective equipment to a number of Member States and other countries; is concerned by the misuse of presidential decrees and ministerial decisions further eroding the principle of legality in decisions taken to cope with the COVID-19 pandemic; criticises the Turkish authorities’ attacks on the Turkish Medical Association, the aim of which is to silence any critical questions on the government’s handling of the COVID 19 pandemic; condemns the instrumentalisation of the justice system, unlawful detentions, harassment and baseless criminal investigations of journalists who have reported concerns about Turkey’s management of the pandemic; notes that the COVID-19 pandemic has rapidly increased unemployment and poverty rates in Turkey; |
| --- | --- |

63.

| 64. | Stresses that a modernisation of the customs union would be beneficial for both parties and would keep Turkey economically and normatively anchored to the EU, in addition to creating a renewed opportunity for positive dialogue and cooperation, providing a better regulatory framework for EU investment in Turkey, including a dispute resolution mechanism, and being a catalyst for the creation of more employment in both the EU and Turkey and for projects on European Green Deal cooperation; highlights that, under the current circumstances — including the growing list of Turkey’s deviations from its currents obligations, the fact that the EU and Turkey are currently in a dispute before the World Trade Organization or unacceptable calls to boycott EU Member States — it appears that a modernisation of the customs union would be particularly difficult, but believes that a door should be left open to facilitate constructive efforts and renewed dialogue on all outstanding issues and explore the conditions for a modernisation of the customs union; reiterates that this modernisation would need to be based on strong conditionality related to human rights and fundamental freedoms as prescribed by the Copenhagen criteria on good neighbourly relations with the EU and all its Member States and on its non-discriminatory implementation; recalls, in this sense, that the current customs union will not achieve its full potential until Turkey fully implements the Additional Protocol to extend the Ankara Agreement towards all Member States without reserve and in a non-discriminatory fashion in relation to all Member States, and until all existing trade irritants are resolved; |
| --- | --- |

64.

| 65. | Continues its support for the visa liberalisation process once the set conditions have been met; points out that visa liberalisation would constitute an important step towards facilitating people-to-people contacts and notes that it is of great importance, particularly for students, academics, business representatives and people with family ties in EU Member States; welcomes the presidential circular of May 2019 calling for the acceleration of demarches, but stresses that there has been very little real progress on the six outstanding benchmarks still to be fulfilled by Turkey; asks the Government of Turkey to fully comply with these benchmarks in a non-discriminatory manner, including with regard to all EU Member States, and to focus in particular on the Anti-Terror Law and Data Protection Law; |
| --- | --- |

65.

| 66. | Notes the importance for Turkey, the EU and its Member States of maintaining close dialogue and cooperation on foreign policy and security issues; acknowledges that, as is the right of any sovereign country, Turkey can pursue its own foreign policy in line with its interests and goals; believes that, as a candidate country for accession to the EU, however, Turkey should aim to increasingly align its foreign policy with that of the EU under the common foreign and security policy (CFSP); deeply regrets that, to the contrary, Turkey has decided to recurrently act unilaterally and to consistently collide with the EU’s priorities in a wide range of foreign affairs matters, and that, as a result, the rate of Turkey’s alignment with the CFSP is at present reduced to only 14 %; encourages Turkey to pursue close cooperation and further alignment with the EU on foreign policy, defence and security issues, including counter-terrorism cooperation; recalls that Turkey is a long-standing member of the NATO alliance and is in a key geostrategic location for maintaining regional security and reinforcing European security; stresses that, as a NATO ally, Turkey should be encouraged to act in line with the NATO Treaty, which states that members should refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations; notes, further, that EU Member States and Turkey continue to cooperate on issues of (military) strategic importance within the NATO framework; recalls further that the EU and NATO remain the most reliable long-term partners for Turkey in international security cooperation and calls on Turkey to maintain political coherence in the fields of foreign and security policies in view of its role as member of NATO and EU candidate country and to recommit fully to NATO as its sole security anchor; calls for a transatlantic dialogue on relations with Turkey with the new US administration with a view to adopting a joint policy towards and with Turkey, aimed at enhancing our cooperation and convergence in values and interests; |
| --- | --- |

66.

| 67. | Stresses that, whatever claims Turkey can have, these should be defended through diplomacy and dialogue based on international law and that any attempt to pressure other countries through the use of force, threats or hostile and insulting rhetoric, particularly towards the EU and its Member States, are unacceptable and unseemly for an EU candidate country; calls, in this regard, on the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to take a firm stance on any abusive language against the EU and its Member States expressed by representatives of the Turkish Government; |
| --- | --- |

67.

| 68. | Is deeply concerned by Turkey’s unprecedented illegal behaviour in the Eastern Mediterranean conducted by an EU candidate country against EU Member States, and by the related security and stability risks; strongly condemns Turkey’s illegal activities in Greek and Cypriot waters, as well as its violations of the Greek national airspace, including overflights of inhabited areas, and its territorial sea, which violate both the sovereignty and the sovereign rights of an EU Member State and international law; expresses its full solidarity with Greece and the Republic of Cyprus; reaffirms the right of the Republic of Cyprus to enter into bilateral agreements on its exclusive economic zone (EEZ) and explore and exploit its natural resources in full compliance with relevant international law; expresses its grave concern about the illegal Turkish fishing activities within Greek territorial waters in the Aegean Sea and the unregulated and unreported fishing activities of Turkish fishing fleets in international waters in the Aegean Sea and the Eastern Mediterranean; urges Turkey and all stakeholders involved to engage in the bona fide peaceful settlement of disputes and to refrain from any unilateral and illegal action or threats; stresses that a sustainable conflict resolution can only be found through dialogue, diplomacy and negotiations in a spirit of good will and in line with international law; calls on all sides for a genuine collective engagement to negotiate the delimitation of EEZs and the continental shelf in good faith, fully respecting international law and the principle of good relations between neighbours; notes with regret that the casus belli declared by the TGNA against Greece in 1995 has not been withdrawn yet; welcomes the new round of exploratory talks between Greece and Turkey, after a five year hiatus which seek to address, amongst other things, the delimitation of the continental shelf and the EEZ in line with international law; reiterates its call on the Turkish Government to sign and ratify the United Nations Convention on the Law of the Sea, which is part of the European Union acquis; welcomes and fully supports the proposal of the European Council for a multilateral conference on the Eastern Mediterranean in order to provide a platform to settle disputes through dialogue, and calls on the VP/HR to launch it as soon as possible; reiterates its call on the Council to stand ready to develop a list of further restrictive sectoral and targeted sanctions in the absence of any significant progress or renewed prospects in engaging with Turkey; notes that the Council’s conclusions of 15 July 2019, in the light of Turkey’s continued and new illegal drilling activities, not to hold the Association Council and further meetings of the EU-Turkey high-level dialogues for the time being, along with Council Decision (CFSP) 2019/1894 of 11 November 2019 concerning restrictive measures in view of Turkey’s unauthorised drilling activities in the Eastern Mediterranean (10), were the first instances where such reactions were deemed necessary in view of the conduct of a candidate country; urges Turkey to engage in the peaceful settlement of disputes and to refrain from any unilateral and illegal action or threats, as this has a negative impact on good neighbourly relations with the EU and its Member States; calls on the VP/HR to consider appointing a special envoy of the European Union for the Eastern Mediterranean to facilitate diplomatic outreach to Turkey; |
| --- | --- |

68.

| 69. | Strongly condemns the statement by the President of the Turkish National Assembly according to which Turkey could withdraw by a simple presidential decree from the Montreux Convention, an important international agreement regulating free international navigation in the Dardanelles and Bosphorus Straits; notes that this statement follows previous Turkish efforts to challenge the validity of the Lausanne Peace Treaty, and thus to undermine international peace and stability in the broader area, including, in particular, Turkey’s neighbouring countries; |
| --- | --- |

69.

| 70. | Strongly condemns the partial illegal reopening of Varosha in the city of Famagusta, which undermines mutual trust and therefore the prospect of the resumption of direct talks on the comprehensive resolution of the Cyprus issue, by changing the situation on the ground for the worse, exacerbating division and embedding the permanent partition of Cyprus; warns against any change of the status quo in Varosha in violation of the UNSC resolutions; calls on Turkey to reverse this action and avoid any other unilateral action that could raise further tensions on the island, in compliance with the recent call of the UNSC; calls on Turkey to withdraw its troops from Cyprus, to transfer the Varosha area to its lawful inhabitants under the temporary administration of the UN in accordance with UNSC Resolution 550 (1984) and to refrain from actions altering the demographic balance on the island through a policy of illegal settlements; reiterates its call on Turkey to commit and contribute to a comprehensive settlement in line with the relevant UNSC resolutions, including on the restitution of property and the preservation of religious sites; regrets that the highest Turkish authorities have endorsed the two-state solution for political and nationalistic purposes and urges the Government of Turkey to commit concretely to the UN Secretary-General’s call for renewed negotiations; urges the parties concerned to relaunch negotiations on the reunification of Cyprus under the auspices of the UN Secretary-General as soon as possible, from where they were left off and building on the agreements already reached as part of the 2017 Crans-Montana process; calls for the EU and its Member States to play a more active role in bringing negotiations to a successful conclusion; reiterates its support for a fair, comprehensive and viable settlement on the basis of a bi-communal, bi-zonal federation with a single international legal personality, single sovereignty and single citizenship and with political equality between the two communities, as defined in the relevant UNSC resolutions, in accordance with international law and the EU acquis and on the basis of respect for the principles on which the Union is founded; is firmly convinced that a sustainable conflict resolution can only be found through dialogue, diplomacy and negotiations in a spirit of good will and in line with international law; firmly believes that the sustainable resolution of the Cyprus problem would benefit every country in the region; stresses the need for the EU acquis to be implemented across the entire island following the solution of the Cyprus problem and the importance of engaging with the democratic forces of the Turkish Cypriot community; praises the important work of the bi-communal Committee on Missing Persons, which deals with both Turkish Cypriot and Greek Cypriot missing persons, and reiterates its appreciation for the fact that improved access to relevant sites, including military areas, has been granted for some years already; calls on Turkey to assist the Committee on Missing Persons by providing information from its military archives; regrets Turkey’s continuing refusal to comply with aviation law and establish a channel of communication between air traffic control centres in Turkey and the Republic of Cyprus, the absence of which entails real safety risks and dangers as identified by the European Aviation Safety Agency and the International Federation of Air Line Pilots’ Associations; takes the view that this could be an area where Turkey could prove its commitment to confidence-building measures and calls on Turkey to collaborate by fully implementing EU aviation law; recalls its position, as expressed in previous resolutions, on the introduction of an initiative in the Council for all EU Member States to halt the licencing of arms exports to Turkey in accordance with Council Common Position 2008/944/CFSP; |
| --- | --- |

70.

| 71. | Strongly condemns the Turkish military interventions in Syria, which constitute grave violations of international law and risk undermining the stability and security of the region as a whole; calls on the Government of Turkey to end its illegal occupation of northern Syria and Afrin and to withdraw its military and paramilitary proxy forces; reiterates that security concerns cannot justify unilateral military action in a foreign country; recalls that there can be no sustainable military solution to the Idlib issue, but only a political one; expresses great concern about and strongly condemns the transfer of fighters and mercenaries from jihadist groups located in northern Syria to Libya and to the conflict in Nagorno-Karabakh; calls on the Turkish authorities to create the right conditions for displaced communities within Syria to return to their homes and allow them to do so; |
| --- | --- |

71.

| 72. | Calls on Turkey to remain committed to the peaceful resolution of the conflict in Libya under the auspices of the UN, and to fully adhere to the arms embargo imposed by the UNSC; commends the work of the European Union Naval Force — Mediterranean Operation Irini (EUNAVFOR MED Irini) and its efforts to uphold the mandated arms embargo and prevent human and drug trafficking; regrets that in at least two instances Turkey has refused to allow the personnel of EUNAVFOR MED Irini to inspect ships travelling from Turkey to Libya; calls, therefore, on Turkey to cooperate fully with EUNAVFOR MED Irini, which operates in accordance with UNSC Resolutions 2292 and 2526, which are binding for all UN Member States, including the Republic of Turkey; calls on the Council to start cooperation between EUNAVFOR MED IRINI and the NATO Operation Sea Guardian in order to ensure that EUNAVFOR MED Irini is equipped with the necessary assets and personnel to effectively perform its core task of monitoring land, sea and air traffic activities and contributing to the full implementation of the arms embargo by all countries; stresses the need to maintain the ceasefire and for the immediate and unconditional withdrawal of all foreign forces and mercenaries from the entirety of Libya’s territory in accordance with the resolutions of the UN Security Council; strongly condemns the signature of the two memoranda of understanding between Turkey and Libya on comprehensive security and military cooperation and on the delimitation of maritime zones, which are interconnected and are clear violations of both international law and relevant UNSC resolutions; |
| --- | --- |

72.

| 73. | Condemns the fact that, rather than calling for an end to the violence and for a resumption of peaceful negotiations supporting the efforts of the Co-Chairs of the OSCE Minsk Group, Turkey instead decided to unconditionally sustain and support the military actions of Azerbaijan in the recent conflict in Nagorno-Karabakh by resorting to provocative rhetoric, thereby fuelling tensions instead of reducing them; condemns the transfer of foreign fighters from Syria and elsewhere to Nagorno-Karabakh, as confirmed by the OSCE Minsk Group Co-Chair countries and calls on Turkey to refrain from any activity and rhetoric that could further exacerbate tensions in the south Caucasus region and to support international dialogue and the peace process under the auspices of the OSCE Minsk Group; |
| --- | --- |

73.

| 74. | Calls on the EEAS StratCom division to document suspicions of Turkish disinformation directed at the EU, particularly in Africa and the MENA region and to report its findings to the European Parliament; |
| --- | --- |

74.

Way forward for EU-Turkey relations

| 75. | Believes that it is high time to seriously reflect on the state of the EU’s relations with Turkey and to draw up a comprehensive, unified and coherent strategy for the medium and long term, among all EU institutions and Member States; invites Turkey to engage in constructive and bona fide dialogue — including on issues of foreign policy where Turkey and the EU have been on opposing terms — with a view to once again finding common ground and a common understanding with the EU, restarting dialogue and cooperation on good neighbourly relations, and relaunching the process of reforms in Turkey, with particular reference to the area of fundamental rights; believes that the EU should continue to pursue all possible instances of dialogue, common understanding and convergence of positions with Turkey, but reiterates that, failing that, and in the event of renewed unilateral actions or provocations in breach of international law, the EU should use all the instruments and the options at its disposal, including targeted sanctions as a last resort, which should not have an adverse impact on the Turkish people, civil society or refugees in Turkey; |
| --- | --- |

75.

| 76. | Believes that the EU should not confuse Turkey with the policies of its current government, and therefore underlines that the EU should remain committed to supporting Turkey’s civil society with the objective of protecting and promoting democratic values and principles, human rights and the rule of law, taking into account the strong pro-European vocation and European identity of Turkish society at large; calls in this sense on all EU institutions, particularly the Council, to place the human rights dimension and the situation of fundamental freedoms and rule of law in Turkey at the core of their actions towards the country; takes note of the recent joint communication on the state of play of EU-Turkey political, economic and trade relations (JOIN(2021)0008) as a succinct summary of the current situation; regrets that the backsliding of democracy, the rule of law and fundamental rights in Turkey was not sufficiently addressed in the European Council conclusions of March 2021; underlines that the rule of law and human rights dimension should be at the core of the assessment of our policy towards Turkey; therefore calls on the Commission and the Council to introduce the human rights and rule of law dimension as one of the key criteria when designing the next possible steps in EU-Turkey relations; highlights that doing so could help to reverse the backsliding in fundamental freedoms observed lately in Turkey and would send an encouraging message to the large pro-European and pro-democratic part of Turkish society; |
| --- | --- |

76.

| 77. | Takes the view that both the EU and Turkey are aware that it is necessary and vital to develop a constructive and respectful attitude in their relations and that enhancing communication and dialogue at all levels are key to restoring a relationship of mutual trust between the EU and Turkey that can form a solid and lasting foundation for further constructive development, the constant improvement of people’s lives and the maintenance of peace; believes that other channels of communication should be strengthened, including among municipalities — supporting the relevant work done by the Committee of the Regions — and in the realm of academia, culture and journalism; calls for a common effort by all EU institutions and for the Member States to take concrete steps in this respect and calls on the Commission to report on such steps in its next report on EU-Turkey relations; notes that the last EU-Turkey Joint Parliamentary Committee (JPC) held its 78th meeting in Ankara on 19 and 20 December 2018; regrets this period of unjustified inactivity of the EU-Turkey JPC and expresses its hope, therefore, for a swift resumption of the meetings between the Grand National Assembly of Turkey and the European Parliament under the EU-Turkey JPC, as an important framework for discussion and de-escalation; |
| --- | --- |

77.

| 78. | Calls for an EU-Turkey leaders’ meeting after a genuine process of de-escalation, in order to review the current framework of relations or explore new, more effective models for EU-Turkey relations; |
| --- | --- |

78.

| 79. | Considers that, as a necessary step in order to improve the overall state of the relations, both sides need to use respectful language, make efforts to fight existing prejudices and misconceptions, and allow for a more objective and complete consideration of the other side’s image in the respective public opinion, reversing the mutually deteriorating perceptions; calls, in this view, on the Commission to launch a communication policy towards Turkish society aimed at raising awareness about the EU, providing objective information on its policies and restoring Turkish citizens’ perception of the EU; stresses that a belligerent and aggressive rhetoric only reinforces extreme positions on both sides and that a purely confrontational approach plays into the hands of those who are aiming to pull Turkey and the EU apart; |
| --- | --- |

79.

o

o o

| 80. | Instructs its President to forward this resolution to the President of the European Council, the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States and to the President, Government and Parliament of the Republic of Turkey, and asks the Commission and the European External Action Service to translate the Commission’s Turkey 2020 Report and this resolution into Turkish and to send a copy to Parliament. |
| --- | --- |

80.

---

(1)  OJ C 328, 6.9.2016, p. 2.

(2)  OJ C 23, 21.1.2021, p. 58.

(3)  Texts adopted, P9_TA(2019)0017.

(4)  Texts adopted, P9_TA(2019)0049.

(5)  Texts adopted, P9_TA(2020)0230.

(6)  Texts adopted, P9_TA(2020)0332.

(7)  Agreement of 12 September 1963 establishing an Association between the European Economic Community and Turkey (OJ L 361, 31.12.1977, p. 29).

(8)  Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).

(9)  Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation (OJ L 134, 7.5.2014, p. 3).

(10)  OJ L 291, 12.11.2019, p. 4.

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| 12.1.2022 | EN | Official Journal of the European Union | C 15/100 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/100

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P9_TA(2021)0244

2019-2020 Reports on Montenegro

European Parliament resolution of 19 May 2021 on the 2019-2020 Commission Reports on Montenegro (2019/2173(INI))

(2022/C 15/09)

The European Parliament,

| — | having regard to the Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Montenegro, of the other part (1), which entered into force on 1 May 2010, |
| --- | --- |

—

having regard to the Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Montenegro, of the other part (1), which entered into force on 1 May 2010,

| — | having regard to Montenegro’s application for membership of the European Union of 15 December 2008, |
| --- | --- |

—

having regard to Montenegro’s application for membership of the European Union of 15 December 2008,

| — | having regard to the Commission opinion of 9 November 2010 on Montenegro’s application for membership of the European Union (COM(2010)0670), the European Council’s decision of 16-17 December 2010 to grant Montenegro candidate status and the European Council’s decision of 29 June 2012 to open EU accession negotiations with Montenegro, |
| --- | --- |

—

having regard to the Commission opinion of 9 November 2010 on Montenegro’s application for membership of the European Union (COM(2010)0670), the European Council’s decision of 16-17 December 2010 to grant Montenegro candidate status and the European Council’s decision of 29 June 2012 to open EU accession negotiations with Montenegro,

| — | having regard to Montenegro’s accession to NATO on 5 June 2017, |
| --- | --- |

—

having regard to Montenegro’s accession to NATO on 5 June 2017,

| — | having regard to the Presidency conclusions of the Thessaloniki European Council meeting of 19-20 June 2003, |
| --- | --- |

—

having regard to the Presidency conclusions of the Thessaloniki European Council meeting of 19-20 June 2003,

| — | having regard to the Sofia Declaration of the EU-Western Balkans summit of 17 May 2018 and the Sofia priority agenda annexed thereto, |
| --- | --- |

—

having regard to the Sofia Declaration of the EU-Western Balkans summit of 17 May 2018 and the Sofia priority agenda annexed thereto,

| — | having regard to the Berlin Process launched on 28 August 2014, |
| --- | --- |

—

having regard to the Berlin Process launched on 28 August 2014,

| — | having regard to its resolution of 29 November 2018 on the 2018 Commission Report on Montenegro (2), |
| --- | --- |

—

having regard to its resolution of 29 November 2018 on the 2018 Commission Report on Montenegro (2),

| — | having regard to the declaration and recommendations adopted at the 18th meeting of the EU-Montenegro Stabilisation and Association Parliamentary Committee (SAPC), held in Podgorica on 25 and 26 February 2020, |
| --- | --- |

—

having regard to the declaration and recommendations adopted at the 18th meeting of the EU-Montenegro Stabilisation and Association Parliamentary Committee (SAPC), held in Podgorica on 25 and 26 February 2020,

| — | having regard to the Commission communication of 5 February 2020 entitled ‘Enhancing the accession process — A credible EU perspective for the Western Balkans’ (COM(2020)0057), |
| --- | --- |

—

having regard to the Commission communication of 5 February 2020 entitled ‘Enhancing the accession process — A credible EU perspective for the Western Balkans’ (COM(2020)0057),

| — | having regard to the Commission communication of 29 May 2019 entitled ‘2019 Communication on EU Enlargement Policy’ (COM(2019)0260), accompanied by the Commission staff working document entitled ‘Montenegro 2019 Report’ (SWD(2019)0217), |
| --- | --- |

—

having regard to the Commission communication of 29 May 2019 entitled ‘2019 Communication on EU Enlargement Policy’ (COM(2019)0260), accompanied by the Commission staff working document entitled ‘Montenegro 2019 Report’ (SWD(2019)0217),

| — | having regard to the Commission communication of 6 October 2020 entitled ‘2020 Communication on EU Enlargement Policy’ (COM(2020)0660), accompanied by the Commission staff working document entitled ‘Montenegro 2020 Report’ (SWD(2020)0353), |
| --- | --- |

—

having regard to the Commission communication of 6 October 2020 entitled ‘2020 Communication on EU Enlargement Policy’ (COM(2020)0660), accompanied by the Commission staff working document entitled ‘Montenegro 2020 Report’ (SWD(2020)0353),

| — | having regard to the Commission communication of 6 October 2020 entitled ‘An Economic and Investment Plan for the Western Balkans’ (COM(2020)0641), |
| --- | --- |

—

having regard to the Commission communication of 6 October 2020 entitled ‘An Economic and Investment Plan for the Western Balkans’ (COM(2020)0641),

| — | having regard to the joint communication of 8 April 2020 of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy entitled ‘Communication on the Global EU response to COVID-19’ (JOIN(2020)0011), |
| --- | --- |

—

having regard to the joint communication of 8 April 2020 of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy entitled ‘Communication on the Global EU response to COVID-19’ (JOIN(2020)0011),

| — | having regard to the Commission assessment of 21 April 2020 of the Economic Reform Programme of Montenegro (2020-2022) (SWD(2020)0066) and to the joint conclusions of the Economic and Financial Dialogue between the EU and the Western Balkans and Turkey, adopted by the Council on 19 May 2020, |
| --- | --- |

—

having regard to the Commission assessment of 21 April 2020 of the Economic Reform Programme of Montenegro (2020-2022) (SWD(2020)0066) and to the joint conclusions of the Economic and Financial Dialogue between the EU and the Western Balkans and Turkey, adopted by the Council on 19 May 2020,

| — | having regard to the Commission communication of 29 April 2020 entitled ‘Support to the Western Balkans in tackling COVID-19 and the post-pandemic recovery’ (COM(2020)0315), |
| --- | --- |

—

having regard to the Commission communication of 29 April 2020 entitled ‘Support to the Western Balkans in tackling COVID-19 and the post-pandemic recovery’ (COM(2020)0315),

| — | having regard to the fifth meeting of the Accession Conference with Montenegro at deputy level of 30 June 2020 in Brussels, where negotiations on the last screened chapter, Chapter 8, ‘competition policy’ were opened, |
| --- | --- |

—

having regard to the fifth meeting of the Accession Conference with Montenegro at deputy level of 30 June 2020 in Brussels, where negotiations on the last screened chapter, Chapter 8, ‘competition policy’ were opened,

| — | having regard to its previous resolutions on the country, |
| --- | --- |

—

having regard to its previous resolutions on the country,

| — | having regard to the statement of preliminary findings and conclusions of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) international election observation mission to the parliamentary elections of 30 August 2020 in Montenegro, issued on 11 December 2020, |
| --- | --- |

—

having regard to the statement of preliminary findings and conclusions of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) international election observation mission to the parliamentary elections of 30 August 2020 in Montenegro, issued on 11 December 2020,

| — | having regard to its recommendation of 19 June 2020 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the Western Balkans, following the 2020 summit (3), |
| --- | --- |

—

having regard to its recommendation of 19 June 2020 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the Western Balkans, following the 2020 summit (3),

| — | having regard to the joint declaration of the European Parliament-Western Balkans Speakers’ Summit of 28 January 2020, convened by the President of the European Parliament with the leaders of the Western Balkan parliaments, |
| --- | --- |

—

having regard to the joint declaration of the European Parliament-Western Balkans Speakers’ Summit of 28 January 2020, convened by the President of the European Parliament with the leaders of the Western Balkan parliaments,

| — | having regard to the Zagreb Declaration agreed during the EU-Western Balkans summit that took place via videoconference on 6 May 2020, |
| --- | --- |

—

having regard to the Zagreb Declaration agreed during the EU-Western Balkans summit that took place via videoconference on 6 May 2020,

| — | having regard to the EU-Western Balkans summits in the framework of the Berlin Process of 5 July 2019 in Poznań and of 10 November 2020 in Sofia, |
| --- | --- |

—

having regard to the EU-Western Balkans summits in the framework of the Berlin Process of 5 July 2019 in Poznań and of 10 November 2020 in Sofia,

| — | having regard to the second country monitoring report on Montenegro (fifth monitoring cycle) of the European Commission against Racism and Intolerance published in September 2017, and to the conclusions on Montenegro concerning the state of implementation of the 2017 recommendations, published in June 2020, |
| --- | --- |

—

having regard to the second country monitoring report on Montenegro (fifth monitoring cycle) of the European Commission against Racism and Intolerance published in September 2017, and to the conclusions on Montenegro concerning the state of implementation of the 2017 recommendations, published in June 2020,

| — | having regard to the Declaration of Western Balkans Partners on Roma Integration within the EU Enlargement Process of 5 July 2019 and the Strategy for Social Inclusion of Roma and Egyptians in Montenegro 2016-2020, |
| --- | --- |

—

having regard to the Declaration of Western Balkans Partners on Roma Integration within the EU Enlargement Process of 5 July 2019 and the Strategy for Social Inclusion of Roma and Egyptians in Montenegro 2016-2020,

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs (A9-0131/2021), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs (A9-0131/2021),

| A. | whereas each enlargement country is judged individually on its own merits, and it is the speed and quality of reforms that determine the timetable for accession; |
| --- | --- |

A.

whereas each enlargement country is judged individually on its own merits, and it is the speed and quality of reforms that determine the timetable for accession;

| B. | whereas pursuant to Article 49 of the Treaty on European Union, any European country may apply to become a member of the Union provided that it adheres to all of the Copenhagen criteria, including respect for and protection of minorities; |
| --- | --- |

B.

whereas pursuant to Article 49 of the Treaty on European Union, any European country may apply to become a member of the Union provided that it adheres to all of the Copenhagen criteria, including respect for and protection of minorities;

| C. | whereas democracy and the rule of law are fundamental values on which the EU is founded and are at the heart of the enlargement and stabilisation and association processes; whereas reforms are needed to tackle the challenges that remain in these areas; |
| --- | --- |

C.

whereas democracy and the rule of law are fundamental values on which the EU is founded and are at the heart of the enlargement and stabilisation and association processes; whereas reforms are needed to tackle the challenges that remain in these areas;

| D. | whereas Montenegro is currently the most advanced in its negotiation process, having opened all 33 screened chapters of the EU acquis, and has provisionally closed negotiations on three; |
| --- | --- |

D.

whereas Montenegro is currently the most advanced in its negotiation process, having opened all 33 screened chapters of the EU acquis, and has provisionally closed negotiations on three;

| E. | whereas Montenegro has continued to build a good track record in implementing the obligations of the Stabilisation and Association Agreement; |
| --- | --- |

E.

whereas Montenegro has continued to build a good track record in implementing the obligations of the Stabilisation and Association Agreement;

| F. | whereas the parliamentary elections of 30 August 2020 resulted in the first transition of power in a democratic setting in the country since the introduction of the multi-party system; whereas this transition was conducted in an orderly manner; |
| --- | --- |

F.

whereas the parliamentary elections of 30 August 2020 resulted in the first transition of power in a democratic setting in the country since the introduction of the multi-party system; whereas this transition was conducted in an orderly manner;

| G. | whereas the previous government acknowledged the election results and the transition of power, thus confirming the level of democratic maturity and progress achieved in Montenegro; |
| --- | --- |

G.

whereas the previous government acknowledged the election results and the transition of power, thus confirming the level of democratic maturity and progress achieved in Montenegro;

| H. | whereas the European Union is Montenegro’s biggest trading partner, accounting for 37 % of total exports and 47 % of total imports of goods with a volume of trade amounting to EUR 1,38 billion in 2019; |
| --- | --- |

H.

whereas the European Union is Montenegro’s biggest trading partner, accounting for 37 % of total exports and 47 % of total imports of goods with a volume of trade amounting to EUR 1,38 billion in 2019;

| I. | whereas the EU is the largest provider of financial assistance to Montenegro and whereas Montenegro benefits from pre-accession assistance under the Instrument for Pre-accession Assistance (IPA), with a total of EUR 504,9 million between 2007 and 2020; |
| --- | --- |

I.

whereas the EU is the largest provider of financial assistance to Montenegro and whereas Montenegro benefits from pre-accession assistance under the Instrument for Pre-accession Assistance (IPA), with a total of EUR 504,9 million between 2007 and 2020;

| J. | whereas the EU mobilised EUR 38 million in immediate support for the Western Balkans to tackle the health emergency caused by COVID-19; |
| --- | --- |

J.

whereas the EU mobilised EUR 38 million in immediate support for the Western Balkans to tackle the health emergency caused by COVID-19;

| K. | whereas the EU agreed on the reallocation of EUR 374 million from the IPA to help mitigate the socio-economic impact of COVID-19 in the Western Balkan region; whereas an amount of EUR 53 million was agreed between the Commission and Montenegro; |
| --- | --- |

K.

whereas the EU agreed on the reallocation of EUR 374 million from the IPA to help mitigate the socio-economic impact of COVID-19 in the Western Balkan region; whereas an amount of EUR 53 million was agreed between the Commission and Montenegro;

| L. | whereas a macro-financial assistance package worth EUR 60 million was also offered to Montenegro and whereas EUR 804 million has been provided via European Investment Bank loans since 1999; |
| --- | --- |

L.

whereas a macro-financial assistance package worth EUR 60 million was also offered to Montenegro and whereas EUR 804 million has been provided via European Investment Bank loans since 1999;

| M. | whereas the Commission adopted a package of EUR 70 million under IPA II to help fund the access of Western Balkan countries to COVID-19 vaccines procured by EU Member States; whereas Montenegro signed an agreement in October 2020 under the COVAX initiative to receive 248 800 doses of these vaccines; |
| --- | --- |

M.

whereas the Commission adopted a package of EUR 70 million under IPA II to help fund the access of Western Balkan countries to COVID-19 vaccines procured by EU Member States; whereas Montenegro signed an agreement in October 2020 under the COVAX initiative to receive 248 800 doses of these vaccines;

| N. | whereas Roma and Egyptians have been particularly affected during the COVID-19 pandemic as they remain victims of deep-rooted prejudice in both social and professional settings; |
| --- | --- |

N.

whereas Roma and Egyptians have been particularly affected during the COVID-19 pandemic as they remain victims of deep-rooted prejudice in both social and professional settings;

Commitment to enlargement

| 1. | Welcomes Montenegro’s continued engagement in the EU integration process and its overall progress; |
| --- | --- |

1.

| 2. | Stresses the importance of the swift implementation of the revised enlargement methodology based on thematic negotiation chapter clusters and the phasing-in of individual EU policies and programmes, in order to accelerate the overall negotiation process and provide clear and tangible incentives of direct interest to citizens of Montenegro; |
| --- | --- |

2.

| 3. | Welcomes the opening of Chapter 8 (competition policy) and Montenegro’s decision to accept the revised enlargement methodology; calls on Montenegro in particular to efficiently meet the interim benchmarks for Chapters 23 and 24, which will be the next milestone, and strongly supports the closing of accession chapters as Montenegro delivers and implements reforms on required benchmarks; recalls that three chapters have been provisionally closed since the opening of the first chapter in December 2012, and encourages Montenegro to place a clear focus on working to address the closing of benchmarks in all other chapters; |
| --- | --- |

3.

| 4. | Welcomes the fact that the 30 August 2020 elections resulted in the first transition of power since the introduction of the multi-party system, in full respect of democratic standards and Montenegro’s constitution, as well as the fact that the OSCE/ODIHR found the elections to have been conducted in an efficient, competitive and transparent manner; positively notes that the election results were not contested and that all elected parliamentarians have actually resumed their duties; expresses concern about the reports of external influence in the election process; |
| --- | --- |

4.

| 5. | Welcomes the fact that on its first working day, the newly formed Montenegrin Government held an exchange of views with Members of the European Parliament and EU officials, as well as the new government’s explicit commitment to further pursue EU integration, to meet the necessary standards for the country’s progress on the EU path and to strengthen the transatlantic alliance; |
| --- | --- |

5.

| 6. | Stresses that it is vital not to reverse earlier achievements in the reform process and encourages the new government to use its mandate to accelerate EU-related reforms and accession negotiations; notes that an open and constructive dialogue between all political and social stakeholders, as well as an agreement on key issues concerning the overall progress of the country are needed for Montenegro to make progress on the EU path; |
| --- | --- |

6.

| 7. | Stresses the need for cooperative and constructive cohabitation between the president, the new government and the new parliament (Skupština), with a view to enhancing Montenegro’s progress on its EU path and further strengthening the democratic progress of the country; calls on all parties to abide by democratic and constitutional principles; |
| --- | --- |

7.

| 8. | Welcomes recent public opinion surveys, which show that an increasing number of Montenegrin citizens (76,6 %) support the country’s future membership of the EU, as a clear message to the new government that the people want reforms based on European values; notes that this is one of the highest rates of public support for the EU in the region; in this context, welcomes the fact that the Commission gave new impetus to enlargement in 2020 with a new strategy for the Western Balkans and the Economic and Investment Plan; |
| --- | --- |

8.

| 9. | Commends Montenegro’s progress in several areas of the accession negotiations, including international police cooperation and the fight against organised crime (including in establishing an initial track record in the areas of trafficking in human beings and drug smuggling); calls on the authorities to accelerate political and economic reforms, particularly on the rule of law and fundamental rights, the judiciary, media freedom and the fight against corruption, where further significant progress has to be made; |
| --- | --- |

9.

| 10. | Calls for the active engagement and appropriate inclusion of the Western Balkan countries, including civil society and young people, in the Conference on the Future of Europe and for their contribution to be taken into account, given their commitment to become EU Member States in the future; |
| --- | --- |

10.

| 11. | Calls for the creation of new opportunities for high-level political and policy dialogue with the Western Balkan countries, through regular EU-Western Balkans summits and intensified ministerial and parliamentary contacts, in order to strengthen the political credibility of the enlargement process and ensure stronger steering and high-level engagement, as also called for by the revised enlargement methodology; |
| --- | --- |

11.

| 12. | Recalls that it is in the interests of the government to ensure adequate representation abroad; refers, in this regard, to the pending appointment of the Head of Montenegro’s Mission to the EU; |
| --- | --- |

12.

Democracy and the rule of law

| 13. | Takes note of the findings and conclusions of the international observers from the OSCE/ODIHR, and calls on the authorities to address their recommendations fully and in due time before the next national elections; welcomes the government’s adoption of a decision on the establishment of the Council for the Control of the Electoral Roll; notes that the Skupština passed a decision on the establishment of the Committee for Comprehensive Electoral Reform in December 2020 and expects this committee to begin functioning without any further delay; |
| --- | --- |

13.

| 14. | Encourages Montenegro to hold local elections simultaneously across the country in order to bring more stability to democracy, avoid constant campaigning and ease the tense political climate; expresses its disappointment that despite a cross-party agreement to hold local elections on the same day, the legal framework still does not address this issue sufficiently; recalls that a two-thirds majority is needed to amend the Law on the Election of Councillors and MPs, which requires a broad consensus of parliamentary parties; |
| --- | --- |

14.

| 15. | Calls on all political forces in the newly elected Skupština to engage in a constructive, meaningful and inclusive dialogue in the parliament, as this is the key to successful parliamentary democracy; welcomes the decision of the opposition not to boycott the work of the Skupština and reiterates that a functioning parliamentary democracy is based on the participation of both the government and the opposition in the parliamentary decision-making process; underlines that broad consensus of both the ruling majority and the opposition is fundamental in moving forward on the EU accession path and on reforms; calls for measures aimed at improving dialogue and trust across the political spectrum; |
| --- | --- |

15.

| 16. | Welcomes the recent appointments to Montenegro’s Delegation to the EU-Montenegro SAPC and the completion of the Montenegro delegation to SAPC; calls for the resumption of the work of the SAPC as soon as possible and welcomes the remote SAPC meeting planned for June 2021; underlines the importance of parliamentary exchanges and the resumption of biannual meetings; |
| --- | --- |

16.

| 17. | Welcomes the steps aimed at improving the supervisory role of the Skupština as well as its transparency and openness to citizens and civil society; calls for the newly elected Skupština to ensure inclusive political dialogue within parliament and for a stronger role for civil society; |
| --- | --- |

17.

| 18. | Reiterates the importance of accelerating work on the implementation of the action plans for Chapters 23 and 24 and other strategic documents relating to the rule of law and fundamental rights, in particular through effective cross-party dialogue aimed at ensuring the required qualified majority for key judicial and prosecutorial appointments, and by conducting public and expert consultations on changes to key legislation; expresses concern that the working group on Chapter 24 has not met over the past year; |
| --- | --- |

18.

| 19. | Is concerned about the recent developments as regards the Special Prosecutor for Organised Crime and Corruption as well as around the planned changes in the composition of the Prosecutorial Council; invites the Montenegrin Government to amend crucial pieces of legislation, including in the case of the proposed amendments to the Law on the Prosecutor’s Office and the Law on the Special Prosecutor’s Office in line with democratic norms and established European practice, and to follow up on the Venice Commission’s opinion in this respect; emphasises that the independent functioning and integrity of the Special Prosecutor’s Office is key for Montenegro’s progress in the area of the rule of law; |
| --- | --- |

19.

| 20. | Regrets the limited progress in the judiciary, and calls on the Montenegrin authorities to urgently address the remaining challenges with regard to the independence, professionalism, efficiency and accountability of the judiciary through the implementation of existing legislation and in line with the recommendations made by the Group of States against Corruption (GRECO) and the Venice Commission; stresses that Montenegro needs to make further progress on rule of law reforms, including by advancing and not reversing the implementation of the judicial reform in line with good democratic norms and practice; reiterates that as a result of reforms already carried out, Montenegro has the bodies and mechanisms in place to ensure judicial and prosecutorial independence and accountability; encourages the authorities to make consistent use of these mechanisms and to build on the work done to produce further results and improve the track record in the fight against corruption and organised crime; |
| --- | --- |

20.

| 21. | Expresses deep concern over the Judicial Council’s interpretation of the constitution, which condones the unlawful reappointment of court presidents for more than two terms; notes that the President of the Supreme Court and the presidents of the basic courts in Bar, Kotor and Plav resigned after the call for judges with multiple mandates to resign, thereby complying with good European practice and democratic standards; |
| --- | --- |

21.

| 22. | Welcomes the fact that some progress has been made in the fight against organised crime, in particular as regards stronger capacity and professionalism of the police; encourages Montenegro to continue its efforts in this area, in particular through combating internationally operating criminal networks, with a particular focus on the fight against money laundering, human, drug and arms trafficking, illegal gambling and cigarette smuggling, and tracking their possible links to politicians and representatives of state institutions; |
| --- | --- |

22.

| 23. | Commends the Deputy Prime Minister’s recent success in arresting prominent figures involved in organised crime; strongly condemns the death threats made against him; calls for support and protection for all officials fighting corruption and organised crime even at a risk to their own lives and expresses its solidarity with them; |
| --- | --- |

23.

| 24. | Underlines that systemic deficiencies in the criminal justice system remain and need to be addressed as a matter of priority; urges the authorities to put in place concrete measures to limit the use of plea bargains to exceptional cases in order to enhance the transparency and the credibility of the judicial response to organised crime; |
| --- | --- |

24.

| 25. | Is seriously concerned about the limited progress in the fight against corruption, and calls on the institutions responsible to significantly improve the country’s track record in the confiscation of criminal assets, prosecutions and final convictions, in particular in high-profile cases, by substantially improving the quality and independence of criminal investigation and law enforcement; |
| --- | --- |

25.

| 26. | Notes some positive developments in the operations of the Agency for the Prevention of Corruption; stresses however that challenges related to its independence and priority-setting still remain and calls on the agency to act independently and to consistently implement the Law on the Prevention of Corruption; |
| --- | --- |

26.

| 27. | Reiterates the need for a robust criminal justice response to high-level corruption; recalls the need for an effective response to the alleged abuse of state resources for political parties and illegal financing of political parties; |
| --- | --- |

27.

| 28. | Welcomes the efforts to implement public administration reform and the results already achieved; is concerned by the findings that party membership still strongly influences employment in the Montenegrin public sector and calls on the new government to avoid politically motivated dismissals and hiring of civil service professionals; calls on the Montenegrin authorities to continue their efforts to create an efficient public administration and to retain expertise, in particular on the EU accession process, and in that respect welcomes transparent appointment procedures; regrets that the institutional capacities of the competition and anti-corruption agencies remain weak; |
| --- | --- |

28.

| 29. | Expresses concern over the amendments to the Law on Civil Servants and State Employees adopted in the Skupština, which lower the criteria for work in public administration and could undermine the progress made in public administration reform aiming to implement merit-based employment; |
| --- | --- |

29.

| 30. | Welcomes the new government’s promises to significantly increase transparency in all areas, including public finances, and encourages it to urgently develop and adopt an improved law on free access to information; |
| --- | --- |

30.

| 31. | Notes the upcoming population and housing census in Montenegro, and calls on the institutions responsible to hold it in line with European standards and international recommendations; urges to avoid any politicisation of the process and calls for an investigation of all accusations related to foreign interference in the census procedure; |
| --- | --- |

31.

| 32. | Calls on the Montenegrin authorities to devote special attention to money laundering, tax evasion and any other criminal activity in the framework of the investor citizenship scheme, which will expire in 2021; welcomes the recent decision of the Montenegrin Government to phase it out by the end of the year; |
| --- | --- |

32.

Respect of fundamental freedoms and human rights

| 33. | Deplores the state of freedom of expression and media freedom, an area in which five successive Commission reports have noted ‘no progress’, especially when it comes to the work of the public broadcasting service RTCG; strongly condemns all types of attacks against the media and intimidation of journalists, and calls for the urgent and effective investigation of these, including past cases, in order to end impunity for crimes against journalists; regrets that some cases of violence against journalists still remain unsolved; calls for further steps to be taken to ensure the independence of the media and journalists; urges Montenegro to provide conditions conducive to the effective exercise of freedom of expression, which is one of the EU’s fundamental values and a crucial element of Montenegro’s EU accession process; |
| --- | --- |

33.

| 34. | Is concerned about the high polarisation of the media landscape, in particular the growing volume of disinformation, which is also aimed at exacerbating ethnic tensions, distorting electoral processes and reducing the support of the population for Euro-Atlantic integration; underlines that media literacy, media freedom and independence are key to combating disinformation; stresses the need to improve coordination in order to fight regional disinformation campaigns; |
| --- | --- |

34.

| 35. | Calls for the strengthening of European cooperation with Montenegro on addressing disinformation, and cyber and hybrid threats that seek to undermine the European perspective of the region; is concerned about the growing vulnerability of Montenegro owing to the increase of its public debt, in particular to China; calls in this context on the Commission and the Montenegrin Government to cooperate on finding a solution for the highly controversial Chinese Bar-Boljare highway loan taken out by the previous government, in order to avoid debt dependency and Montenegro having to turn over collateral to the Chinese creditors; insists that in parallel the Montenegrin authorities must conduct a thorough and transparent investigation into this loan and its spending and hold those politically responsible to account; calls on the Commission to find, together with international financial institutions, a reasonable solution to support Montenegro’s fiscal sustainability and reforms in line with the country’s European perspective; |
| --- | --- |

35.

| 36. | Calls on Montenegro, the EU Member States and the Delegation of the European Union to Montenegro to continue pursuing a more active and effective communication policy on the European perspective, aimed at both local and EU citizens, and to continue their coordinated efforts to increase the visibility of EU-funded projects; calls on the Commission and the European External Action Service to support the creation of a Balkan-focused centre of excellence on disinformation; |
| --- | --- |

36.

| 37. | Calls on the Montenegrin authorities to take concrete steps in building resilience and cybersecurity at a time when the country is facing increasing pressure through foreign interference that seeks to undermine its statehood and pro-Western orientation, and to enforce greater oversight of the media landscape in order to tackle fake news and other disinformation activities, in particular those orchestrated by harmful foreign influences, and to ensure operational independence of Montenegro’s media regulators and public service broadcaster, while striking a balance between the fight against disinformation and disproportionate restrictions on freedom of expression online; |
| --- | --- |

37.

| 38. | Strongly condemns verbal and physical attacks against and intimidation of national minorities, especially in Pljevlja following the August 2020 parliamentary elections and recently in Berane and Niksic; urges the Montenegrin authorities to thoroughly investigate all those incidents and bring the perpetrators to justice; |
| --- | --- |

38.

| 39. | Emphasises the need to protect all of the national minorities’ rights, in particular as some of them no longer have minority party representatives in the Skupština; urges the Montenegrin authorities to pay special attention to issues related to the national and ethnic affiliation of Montenegrin citizens; takes note, in this respect, of the recent proposal by the Montenegrin Government on amending the Montenegrin citizenship law; underlines that any amendments to such sensitive laws must undergo a broad consultation process and should only be adopted in line with democratic norms and established European practice and with a view to advancing Montenegro’s European perspective; calls for respect of the multi-ethnic identity of the country, including the languages used, cultural heritage and the traditions of local communities; stresses that further progress has to be made in the social inclusion of Roma and Egyptians in the labour market, education and public life in Montenegro, and calls on the authorities to ensure their access to personal documents, to guarantee their legal status and to take effective measures against hate speech; |
| --- | --- |

39.

| 40. | Takes note of the Law on Domestic Violence Protection and the planned changes to it, and urges the Montenegrin authorities to thoroughly implement it, including by allocating sufficient resources, as gender-based, domestic violence and violence against children remain an issue of serious concern; calls for more vigilance and the establishment of support systems for victims of domestic abuse during the COVID-19 pandemic; |
| --- | --- |

40.

| 41. | Calls on the authorities to ensure a thorough implementation of the standards set out in the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention), including by increasing the number of well-trained and gender-sensitive law enforcement officers and judges, so as to ensure the proper investigation and prosecution of domestic violence crimes, and to introduce effective measures against sexual harassment, including in the workplace; |
| --- | --- |

41.

| 42. | Is concerned about the limited results of the existing policies and projects aimed at encouraging women’s participation in the labour market, policymaking and politics and tackling vulnerabilities in employment and in social policies; regrets in this respect the declining number of female MPs, the lack of gender-balanced political representation in elections and in the new Skupština and government; calls for necessary legal and policy measures to promote the participation of women in politics; |
| --- | --- |

42.

| 43. | Recalls that while the Montenegrin Government approved the annual action plan for the strategy for the protection of persons with disabilities from discrimination and for the promotion of equality, its implementation remains the key goal; regrets that persons with disabilities still face discrimination and difficulties in gaining access to justice; stresses that access to healthcare services needs to be improved for people with disabilities, internally displaced persons and other vulnerable groups; |
| --- | --- |

43.

| 44. | Welcomes the progress made on the protection of the rights of LGBTI persons and the fact that Montenegro is the first country in the region to adopt a law on same-sex partnerships; calls on the authorities to ensure the fulfilment of all necessary conditions for its adequate implementation; stresses that the situation of transgender and non-binary persons needs to be improved; welcomes the peaceful conduct of the pride parade in 2019; calls on the Montenegrin authorities to continue to improve the climate of societal inclusion and tolerance and to collect disaggregated data relating to hate speech and crime based on sexual orientation and gender identity; |
| --- | --- |

44.

| 45. | Calls on the Montenegrin authorities to continue a genuine dialogue on freedom of religion with religious representatives and other relevant stakeholders and in line with the Venice Commission’s opinion of 24 June 2019; calls on neighbouring countries to refrain from interfering in this issue and other internal affairs of Montenegro; |
| --- | --- |

45.

| 46. | Expresses concern that the new government adopted amendments to the Law on Freedom of Religion or Belief and the Legal Status of Religious Communities in an urgent procedure without public debate or dialogue with all religious communities and without the opinion of the Venice Commission; notes that the president has signed the law; |
| --- | --- |

46.

Reconciliation, good neighbourly relations and international cooperation

| 47. | Commends Montenegro for its commitment to inclusive regional cooperation, and the constructive role it plays in the Western Balkan region, and welcomes its active participation in numerous regional initiatives; underlines that regional cooperation and good neighbourly relations are linked to Montenegro’s EU perspective; |
| --- | --- |

47.

| 48. | Welcomes the signing of the Protocol on the Determination of the Border Point between Bosnia and Herzegovina, Montenegro and the Republic of Serbia in May 2019 and encourages Montenegro to continue to address, in a constructive spirit and as early as possible in the accession process, outstanding bilateral issues with its neighbours, including the unresolved border demarcation issues with Serbia and Croatia; recalls that existing bilateral border agreements should be respected; reiterates that border disputes should be dealt with in the spirit of good neighbourly relations, bilaterally, and through existing international mechanisms; notes that bilateral relations with Serbia have been marked by tensions and insists that all bilateral disputes be resolved through inclusive and non-confrontational dialogue, while avoiding any form of foreign interference in domestic issues; |
| --- | --- |

48.

| 49. | Strongly condemns the denial of the Srebrenica genocide and the doubts cast on the rulings and legitimacy of the International Criminal Tribunal for the former Yugoslavia (ICTY) by the Minister of Justice, Human and Minority Rights; welcomes the swift rebuttals by other members of the government and the proposal for his dismissal; |
| --- | --- |

49.

| 50. | Welcomes the establishment of the Common Regional Market, which will lead the way to the country’s full accession to the EU Single Market; strongly believes that such initiatives could be an important tool to increase the potential, attractiveness and competitiveness of the region and in particular could help the regional economies in their post-pandemic recovery process; |
| --- | --- |

50.

| 51. | Strongly condemns any attempts by politicians in Montenegro and elsewhere in the region to deny the Srebrenica genocide or any other war crimes that took place in the former Yugoslavia; welcomes the signing of a protocol on cooperation in the search for missing persons between the Governments of Bosnia and Herzegovina and Montenegro as a good example of cooperation in investigating cases of missing persons; is concerned by the lack of progress in dealing with war crimes committed in Montenegro and calls on the authorities to intensify their efforts to punish war crimes and determine the fate of missing persons and to support and develop the established Documentation and Information Centre; |
| --- | --- |

51.

| 52. | Reiterates its support for the initiative to create the Regional Commission for the establishment of facts about war crimes and other gross human rights violations on the territory of the former Yugoslavia (RECOM); commends the Governments of Montenegro on their commitment and fulfilment of their obligations in the framework of their Regional Youth Cooperation Office (RYCO) membership, underlining the importance of the current Montenegrin rotating chairmanship of this organisation; |
| --- | --- |

52.

| 53. | Calls on the Montenegrin authorities to comply fully with the provisions on succession of the former Socialist Federal Republic of Yugoslavia, especially as regards military assets; |
| --- | --- |

53.

| 54. | Commends Montenegro’s full alignment with the EU’s common foreign and security policy and its active participation in EU missions under the common security and defence policy, notably the ‘EU Naval Force Somalia — Operation ATALANTA’ and the EU Training Mission in Mali, and in other international missions, notably the UN Mission for the Referendum in Western Sahara, the UN Peacekeeping Force in Cyprus, the NATO-led Resolute Support Mission in Afghanistan and the NATO mission in Kosovo (KFOR); |
| --- | --- |

54.

| 55. | Expresses concern over the governmental appointments in the security and military intelligence sector and the danger that Montenegro’s strategic alliance with the EU and NATO could be called into question; underlines the strategic importance of Montenegro’s NATO membership and encourages the Montenegrin authorities to cooperate in the field of resilience to foreign interference and cybersecurity with both the EU and NATO; |
| --- | --- |

55.

| 56. | Underlines the need for the EU and the United States to strengthen their partnership and coordination in the Western Balkans in order to advance key reforms, improve governance and bring about reconciliation; |
| --- | --- |

56.

| 57. | Welcomes Montenegro’s progress on and renewed commitment to international police cooperation, and encourages it to continue its efforts to cope with irregular migration by further developing its international cooperation on the protection of borders, readmission and raising its capacity to prosecute migrant-smuggling networks; |
| --- | --- |

57.

| 58. | Notes the entry into force of the agreement on border management cooperation between Montenegro and the European Border and Coast Guard Agency (Frontex), which will allow Frontex to assist Montenegro in border management, carrying out joint operations and tackling cross-border crime at the country’s sea borders, including the smuggling of drugs and weapons, and trafficking in human beings and terrorism; |
| --- | --- |

58.

| 59. | Urges the Montenegrin authorities to keep respect for human rights, fundamental freedoms and international law at the core of their migration and border policies; calls for European Border and Coast Guard (Frontex) operations on Montenegrin territory to operate by these same standards; |
| --- | --- |

59.

The economy and the COVID-19 pandemic

| 60. | Welcomes Montenegro’s progress in increasing the stability of its financial sector, as well as in implementing concrete improvements to labour market conditions; notes however, that the unemployment rate remains high, particularly among women, young people, Roma and low-skilled people; encourages authorities to improve the participation of women in the labour market and to address issues such as the gender gap in employment and pay, and affordable childcare; |
| --- | --- |

60.

| 61. | Expresses concern that the Budget Law for 2021 was not proposed until the end of 2020 and calls for a more transparent and timely national budgeting process; |
| --- | --- |

61.

| 62. | Welcomes the implementation by Montenegro of the necessary reforms to comply with EU tax good governance principles and its removal by the Council on 18 February 2020 from the list of non-cooperative jurisdictions for tax purposes; |
| --- | --- |

62.

| 63. | Encourages Montenegro to intensify work on better aligning the education system with the labour market in order to more effectively tackle the phenomena of skills mismatch and brain drain among young people; calls on the Montenegrin authorities to strive for an open and transparent human resource policy in public administration as well as for increased public investments for sustainable social and economic development; |
| --- | --- |

63.

| 64. | Notes with concern the impact of the COVID-19 pandemic on Montenegro’s economy, as its gross domestic product declined by 14,3 % in 2020; calls on the government to carry out a responsible macroeconomic and fiscal policy in view of the high public debt; encourages the authorities to make the best use of EU assistance in order to mitigate the impact of the crisis, including developing and implementing targeted measures to mitigate the impact of the pandemic on marginalised communities and vulnerable people; underlines the importance of developing entrepreneurial skills among young people; |
| --- | --- |

64.

| 65. | Calls on the Commission to support Montenegro’s efforts to reduce unemployment, which was seriously exacerbated by the COVID-19 pandemic, in particular in the tourism sector, which accounts for more than 20 % of Montenegro’s gross domestic product, taking into account the large decline in the number of tourists; |
| --- | --- |

65.

| 66. | Reiterates the fact that the European Union swiftly mobilised immediate financial and material support for the Western Balkans to tackle the health emergency resulting from the COVID-19 pandemic and speed up the socio-economic recovery of the region; recalls that EUR 53 million was granted to Montenegro for the procurement of urgent medical equipment and to assist the sectors most seriously affected by the COVID-19 crisis; also recalls the decision to provide macro-financial assistance of up to EUR 60 million to help Montenegro to limit the negative socio-economic consequences of the pandemic; |
| --- | --- |

66.

| 67. | Stresses the fact that the COVID-19 pandemic has had a detrimental impact on society as a whole, in particular women, single-parent families and vulnerable groups, such as Roma, Egyptians, LGBTI people, people with disabilities and other minorities, by deepening inequalities and exacerbating existing problems; calls on the Montenegrin authorities to take into consideration the needs of these groups when creating and implementing COVID-19 socio-economic relief measures; |
| --- | --- |

67.

| 68. | Commends the role of EU Civil Protection Mechanism, which has secured much-needed support in the form of medical and personal protective equipment in the fight against COVID-19 in Montenegro; |
| --- | --- |

68.

| 69. | Expresses concern about the ongoing process to dismiss leaders in public health institutions at a time when Montenegro is seriously affected by the COVID-19 pandemic, as well as the new EUR 750 million loan taken out by the government, without consulting the Skupština; |
| --- | --- |

69.

| 70. | Calls on the Commission and the Council to show their solidarity with Western Balkan countries by helping them to receive COVID-19 vaccines and to include Montenegro in joint EU procurement for vaccinations; welcomes the actions taken by the Commission and the Council to help Montenegro procure vaccines against COVID-19 via COVAX and by other means such as coordinating donations by EU Member States; calls for further assistance to ensure that a sufficient amount of COVID-19 vaccines are available to people in all Western Balkan countries as soon as possible, taking into consideration each country’s pandemic situation; strongly believes that vaccine policies in general should be humanitarian and should not serve geopolitical interests of any kind; |
| --- | --- |

70.

| 71. | Encourages Montenegro to make best use of the Commission’s Economic and Investment Plan for the Western Balkans; recognises its importance in supporting sustainable connectivity in transport and infrastructure, human capital, competitiveness and inclusive growth in the region while stressing that any investment must be in line with the objectives of the Paris Agreement and the EU’s decarbonisation targets; |
| --- | --- |

71.

| 72. | Notes the equal importance of all investment targets of IPA III; calls on the Commission, in this respect, to focus an appropriate share of the IPA III funds on the ongoing democratic transition of Montenegro, especially in the light of persistent problems with the investment climate, absorption capacity and environmental standards in the country; |
| --- | --- |

72.

Environment, energy and transport

| 73. | Welcomes Montenegro’s progress in diversifying its electricity production towards renewable sources and exceeding its overall 2020 renewables target and sectorial targets for electricity and heating and cooling, as well as its active participation in the Western Balkans Connectivity Agenda; invites Montenegro to introduce streamlined and simplified rules for facilitating the further deployment of renewable projects; highlights the importance of EU support for the shift towards cleaner and renewable energy; is concerned about oil and gas drilling projects just off the Montenegrin coast which may be harming the environment, nature and tourism, the country’s most important economic sector; |
| --- | --- |

73.

| 74. | Commends Montenegro’s decision to discontinue financial support for small hydropower plants that do not follow appropriate environmental standards; notes the slow progress and the delay in shutting down the Pljevlja thermal power plant and invites Montenegro to comply with the rules of the Large Combustion Plant Directive (4) without delay; |
| --- | --- |

74.

| 75. | Recognises the steps Montenegro has taken to establish an electronic system for guarantees of origin, in order to ensure compatibility with the standardised European Energy Certificate System; takes note of the advanced stage of implementing reforms in the electricity sector and invites Montenegro to transpose the REMIT Regulation (5) without delay and transpose network codes into national grid codes; invites Montenegro to increase the current low level of cross-zonal capacities available to electricity market participants in line with the best EU practices; commends Montenegro for being a frontrunner in establishing a carbon pricing and emission trading mechanism in the region; welcomes the full compliance achieved as regards the Fuel Quality Directive (6) and calls for further progress in holding emergency oil stocks; |
| --- | --- |

75.

| 76. | Welcomes the positive developments in further aligning Montenegro’s national environmental and climate change legislation, national energy and climate plan, with the EU acquis and calls for further efforts to finalise the document as soon as possible in line with the recommendations of the Ministerial Council of the Energy Community; commends Montenegro for protecting the Zeta river as a nature park; calls on the authorities to take urgent measures to better safeguard protected areas and potential Natura 2000 sites, including Ulcinj Salina, Lake Skadar, the Tara River and others; calls on Montenegro to improve waste management and address the issue of illegal waste disposal; calls on the authorities to include local communities and civil society in the implementation of environmental, climate and energy policies and projects in the country; |
| --- | --- |

76.

| 77. | Recalls with satisfaction that according to Article 1 of its constitution, Montenegro is an ecological state; recalls that establishing Sinjajevina military training and weapons testing areas in UNESCO-protected areas must follow UNESCO principles of socio-cultural and ecological sustainability; notes that the development of additional hydropower and tourism capacities, particularly those in protected areas, should take into account EU environmental protection standards; calls on the authorities to assess the environmental effects of the construction of the highway alongside Tara River and to better protect the most valuable areas; reiterates its call to conduct thorough and comprehensive ex ante environmental, economic and social impact assessments of infrastructure projects in line with European standards; |
| --- | --- |

77.

| 78. | Welcomes the launching of the Green Agenda in the Western Balkans, which has the potential to drive the transition towards a sustainable, carbon-neutral economy; calls on Montenegro to continue introducing and implementing the necessary legislation to achieve the agreed common goals on the digital and green transformation; |
| --- | --- |

78.

| 79. | Calls on Montenegro, the fourth European country for forest coverage, to improve the management of its forests, in particular by dedicating more resources to them and actively combating illegal logging; takes note of a recent study underlining that about one hundred thousand cubic metres of wood waste, which can easily be reused, are produced in Montenegro every year; calls on the authorities to reflect on ways to promote circular economy models in this and other sectors of the economy; |
| --- | --- |

79.

| 80. | Calls on the Montenegrin authorities to ensure the right to access to environmental information regarding infrastructure projects, in line with its constitution and the Aarhus Convention, which Montenegro ratified in 2009; |
| --- | --- |

80.

o

o o

| 81. | Instructs its President to forward this resolution to the President of the European Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, and to the President, and the Government and Parliament of Montenegro. |
| --- | --- |

81.

---

(1)  OJ L 108, 29.4.2010, p. 1.

(2)  OJ C 363, 28.10.2020, p. 127.

(3)  Texts adopted, P9_TA(2020)0168.

(4)  Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ L 309, 27.11.2001, p. 1).

(5)  Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (OJ L 326, 8.12.2011, p. 1).

(6)  Directive 2009/30/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions (OJ L 140, 5.6.2009, p. 88).

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| 12.1.2022 | EN | Official Journal of the European Union | C 15/111 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/111

---

P9_TA(2021)0245

The effects of climate change on human rights and the role of environmental defenders on this matter

European Parliament resolution of 19 May 2021 on the effects of climate change on human rights and the role of environmental defenders on this matter (2020/2134(INI))

(2022/C 15/10)

The European Parliament,

| — | having regard to the Universal Declaration of Human Rights (UDHR), the relevant United Nations (UN) human rights treaties, conventions and instruments, in particular the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted by the UN General Assembly on 13 September 2007, and the Charter of Fundamental Rights of the European Union (the ‘Charter’), which specify that all human beings are entitled to the full enjoyment of their human rights and fundamental freedoms without discrimination, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights (UDHR), the relevant United Nations (UN) human rights treaties, conventions and instruments, in particular the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted by the UN General Assembly on 13 September 2007, and the Charter of Fundamental Rights of the European Union (the ‘Charter’), which specify that all human beings are entitled to the full enjoyment of their human rights and fundamental freedoms without discrimination,

| — | having regard to the UN Declaration on Human Rights Defenders of 1998, |
| --- | --- |

—

having regard to the UN Declaration on Human Rights Defenders of 1998,

| — | having regard to UN General Assembly resolution A/RES/53/144 of 8 March 1999, adopting the Declaration on human rights defenders, |
| --- | --- |

—

having regard to UN General Assembly resolution A/RES/53/144 of 8 March 1999, adopting the Declaration on human rights defenders,

| — | having regard to the Convention on Biological Diversity (CBD) adopted in Rio in 1992 and signed by 168 countries, and to its resolution of 16 January 2020 on the 15th meeting of the Conference of Parties (COP15) to the Convention on Biological Diversity (1), |
| --- | --- |

—

having regard to the Convention on Biological Diversity (CBD) adopted in Rio in 1992 and signed by 168 countries, and to its resolution of 16 January 2020 on the 15th meeting of the Conference of Parties (COP15) to the Convention on Biological Diversity (1),

| — | having regard to the 2030 Agenda for Sustainable Development, as adopted by the UN General Assembly on 25 September 2015, and to the Sustainable Development Goals (SDGs), |
| --- | --- |

—

having regard to the 2030 Agenda for Sustainable Development, as adopted by the UN General Assembly on 25 September 2015, and to the Sustainable Development Goals (SDGs),

| — | having regard to the United Nations Framework Convention on Climate Change (UNFCCC), which entered into force on 21 March 1994, to the Kyoto Protocol of 11 December 1997, and to the Paris Agreement of 22 April 2016, |
| --- | --- |

—

having regard to the United Nations Framework Convention on Climate Change (UNFCCC), which entered into force on 21 March 1994, to the Kyoto Protocol of 11 December 1997, and to the Paris Agreement of 22 April 2016,

| — | having regard to UN Human Rights Council resolution 40/11 of 21 March 2019 recognising the contribution of environmental human rights defenders to the enjoyment of human rights, environmental protection and sustainable development, |
| --- | --- |

—

having regard to UN Human Rights Council resolution 40/11 of 21 March 2019 recognising the contribution of environmental human rights defenders to the enjoyment of human rights, environmental protection and sustainable development,

| — | having regard to reports 31/52 of 1 February 2016 and A/74/161 of 2019 of the UN Special Rapporteur on the issue of human rights obligations relating to enjoyment of a safe, clean, healthy and sustainable environment, |
| --- | --- |

—

having regard to reports 31/52 of 1 February 2016 and A/74/161 of 2019 of the UN Special Rapporteur on the issue of human rights obligations relating to enjoyment of a safe, clean, healthy and sustainable environment,

| — | having regard to UN Human Rights Council resolution 41/21 of 12 July 2019 on Human Rights and Climate, |
| --- | --- |

—

having regard to UN Human Rights Council resolution 41/21 of 12 July 2019 on Human Rights and Climate,

| — | having regard to the UN Environmental Programme (UNEP) report of 10 December 2015 on climate change and human rights, and UNEP’s definition of environmental human rights defenders, ‘who are environmental defenders’, |
| --- | --- |

—

having regard to the UN Environmental Programme (UNEP) report of 10 December 2015 on climate change and human rights, and UNEP’s definition of environmental human rights defenders, ‘who are environmental defenders’,

| — | having regard to the report by the UN Special Rapporteur on Extreme Poverty and Human Rights of 17 July 2019 on climate change and poverty, |
| --- | --- |

—

having regard to the report by the UN Special Rapporteur on Extreme Poverty and Human Rights of 17 July 2019 on climate change and poverty,

| — | having regard to the 2019 special report of the Intergovernmental Panel on Climate Change (IPCC) on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems, |
| --- | --- |

—

having regard to the 2019 special report of the Intergovernmental Panel on Climate Change (IPCC) on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems,

| — | having regard to the UN report of June 2020 entitled ‘Gender, Climate & Security: Sustaining Inclusive Peace on the Frontlines of Climate Change’, co-authored by the UNEP, UN Women, the UN Development Programme (UNDP) and the UN Department of Political and Peacebuilding Affairs (UNDPPA), |
| --- | --- |

—

having regard to the UN report of June 2020 entitled ‘Gender, Climate & Security: Sustaining Inclusive Peace on the Frontlines of Climate Change’, co-authored by the UNEP, UN Women, the UN Development Programme (UNDP) and the UN Department of Political and Peacebuilding Affairs (UNDPPA),

| — | having regard to the UN Guiding Principles on Business and Human Rights, |
| --- | --- |

—

having regard to the UN Guiding Principles on Business and Human Rights,

| — | having regard to Article 37 of the Charter, which commits the EU to integrating a high level of environmental protection and the improvement of the quality of the environment into its policies, |
| --- | --- |

—

having regard to Article 37 of the Charter, which commits the EU to integrating a high level of environmental protection and the improvement of the quality of the environment into its policies,

| — | having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular to Part Five thereof, entitled ‘The Union’s External Action’, and Titles I, II, III, IV and V thereunder, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular to Part Five thereof, entitled ‘The Union’s External Action’, and Titles I, II, III, IV and V thereunder,

| — | having regard to the Commission’s joint communication of 25 March 2020 entitled ‘EU Action Plan on Human Rights and Democracy 2020-2024’ (JOIN(2020)0005), |
| --- | --- |

—

having regard to the Commission’s joint communication of 25 March 2020 entitled ‘EU Action Plan on Human Rights and Democracy 2020-2024’ (JOIN(2020)0005),

| — | having regard to the Council conclusions of 15 May 2017 on Indigenous Peoples and the joint staff working document of 17 October 2016 entitled ‘Implementing EU External Policy on Indigenous Peoples’ (SWD(2016)0340), the Council conclusions of 19 November 2018 on water diplomacy, of 17 June 2019 on EU action to strengthen rules-based multilateralism, and of 20 January 2020 on climate diplomacy, |
| --- | --- |

—

having regard to the Council conclusions of 15 May 2017 on Indigenous Peoples and the joint staff working document of 17 October 2016 entitled ‘Implementing EU External Policy on Indigenous Peoples’ (SWD(2016)0340), the Council conclusions of 19 November 2018 on water diplomacy, of 17 June 2019 on EU action to strengthen rules-based multilateralism, and of 20 January 2020 on climate diplomacy,

| — | having regard to the EU’s human rights guidelines on safe drinking water and sanitation, adopted by the Council on 17 June 2019, and to its guidelines on human rights defenders, |
| --- | --- |

—

having regard to the EU’s human rights guidelines on safe drinking water and sanitation, adopted by the Council on 17 June 2019, and to its guidelines on human rights defenders,

| — | having regard to its previous resolutions on cases of breaches of human rights, democracy and the rule of law, |
| --- | --- |

—

having regard to its previous resolutions on cases of breaches of human rights, democracy and the rule of law,

| — | having regard to its resolution of 13 September 2017 on corruption and human rights in third countries (2), |
| --- | --- |

—

having regard to its resolution of 13 September 2017 on corruption and human rights in third countries (2),

| — | having regard to the European Environment Agency (EEA) report of 4 December 2019 entitled ‘The European environment — state and outlook 2020: knowledge for transition to a sustainable Europe’, |
| --- | --- |

—

having regard to the European Environment Agency (EEA) report of 4 December 2019 entitled ‘The European environment — state and outlook 2020: knowledge for transition to a sustainable Europe’,

| — | having regard to Implementing Principle 10 of the Rio Declaration on Environment and Development of 1992, which seeks to ensure that every individual has access to information, has the opportunity to participate in the decision-making process and is able to access justice in environmental matters, with the aim of safeguarding the right to a healthy and sustainable environment for present and future generations, |
| --- | --- |

—

having regard to Implementing Principle 10 of the Rio Declaration on Environment and Development of 1992, which seeks to ensure that every individual has access to information, has the opportunity to participate in the decision-making process and is able to access justice in environmental matters, with the aim of safeguarding the right to a healthy and sustainable environment for present and future generations,

| — | having regard to the Commission communications of 20 June 2020 entitled ‘EU Biodiversity Strategy 2030 — bringing nature back into our lives’ (COM(2020)0380), of 11 December 2019 on the European Green Deal (COM(2019)0640), and of 23 July 2019 entitled ‘Stepping up EU Action to Protect and Restore the World’s Forests’ (COM(2019)0352), |
| --- | --- |

—

having regard to the Commission communications of 20 June 2020 entitled ‘EU Biodiversity Strategy 2030 — bringing nature back into our lives’ (COM(2020)0380), of 11 December 2019 on the European Green Deal (COM(2019)0640), and of 23 July 2019 entitled ‘Stepping up EU Action to Protect and Restore the World’s Forests’ (COM(2019)0352),

| — | having regard to its resolution of 15 January 2020 on the European Green Deal (3), |
| --- | --- |

—

having regard to its resolution of 15 January 2020 on the European Green Deal (3),

| — | having regard to the 2019 report of the UN Food and Agriculture Organization entitled ‘The State of the World’s Biodiversity for Food and Agriculture’, |
| --- | --- |

—

having regard to the 2019 report of the UN Food and Agriculture Organization entitled ‘The State of the World’s Biodiversity for Food and Agriculture’,

| — | having regard to the massive threat of loss of biodiversity described in the Global Assessment Report on Biodiversity and Ecosystem Services of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) of 31 May 2019, |
| --- | --- |

—

having regard to the massive threat of loss of biodiversity described in the Global Assessment Report on Biodiversity and Ecosystem Services of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) of 31 May 2019,

| — | having regard to its resolution of 3 July 2018 on violation of the rights of indigenous peoples in the world, including land grabbing (4), |
| --- | --- |

—

having regard to its resolution of 3 July 2018 on violation of the rights of indigenous peoples in the world, including land grabbing (4),

| — | having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (5), |
| --- | --- |

—

having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (5),

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on Development, the Committee on the Environment, Public Health and Food Safety and the Committee on Civil Liberties, Justice and Home Affairs, |
| --- | --- |

—

having regard to the opinions of the Committee on Development, the Committee on the Environment, Public Health and Food Safety and the Committee on Civil Liberties, Justice and Home Affairs,

| — | having regard to the report of the Committee on Foreign Affairs (A9-0039/2021), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs (A9-0039/2021),

| A. | whereas all persons, local communities and populations have the right to the full enjoyment of their human rights, as enshrined in the Universal Declaration of Human Rights; |
| --- | --- |

A.

whereas all persons, local communities and populations have the right to the full enjoyment of their human rights, as enshrined in the Universal Declaration of Human Rights;

| B. | whereas the impacts of climate change and continued environmental degradation on freshwater resources, ecosystems, and the livelihoods of communities are already negatively affecting the effective enjoyment of human rights, including the rights to life, food security, safe drinking water and sanitation, health, housing, self-determination, work and development, as outlined in UN Human Rights Council resolution 41/21; whereas, even if the international objective of limiting global warming to a 2 oC increase above pre-industrial levels is achieved, these impacts will intensify dramatically in the coming decades; whereas countries make different contributions to climate change and have common but differentiated responsibilities; whereas climate change poses an immediate and far-reaching threat to the people of the world, mainly to the world’s poor, who are especially vulnerable, as outlined in UN Human Rights Council resolution 7/23; |
| --- | --- |

B.

whereas the impacts of climate change and continued environmental degradation on freshwater resources, ecosystems, and the livelihoods of communities are already negatively affecting the effective enjoyment of human rights, including the rights to life, food security, safe drinking water and sanitation, health, housing, self-determination, work and development, as outlined in UN Human Rights Council resolution 41/21; whereas, even if the international objective of limiting global warming to a 2 oC increase above pre-industrial levels is achieved, these impacts will intensify dramatically in the coming decades; whereas countries make different contributions to climate change and have common but differentiated responsibilities; whereas climate change poses an immediate and far-reaching threat to the people of the world, mainly to the world’s poor, who are especially vulnerable, as outlined in UN Human Rights Council resolution 7/23;

| C. | whereas the UN, along with other international organisations and experts, is calling for global recognition of the right to a healthy and safe environment as a universal right; |
| --- | --- |

C.

whereas the UN, along with other international organisations and experts, is calling for global recognition of the right to a healthy and safe environment as a universal right;

| D. | whereas addressing climate change raises issues of justice and equity, both at international and national level and between generations; whereas access to justice in environmental matters, access to information and public participation in decision-making are enshrined under Implementing Principle 10 of the Rio Declaration on Environment and Development, the Aarhus Convention (6) of 25 June 1998 and the Escazu Agreement (7) of 4 March 2018; |
| --- | --- |

D.

whereas addressing climate change raises issues of justice and equity, both at international and national level and between generations; whereas access to justice in environmental matters, access to information and public participation in decision-making are enshrined under Implementing Principle 10 of the Rio Declaration on Environment and Development, the Aarhus Convention (6) of 25 June 1998 and the Escazu Agreement (7) of 4 March 2018;

| E. | whereas environmental degradation, climate change and unsustainable development constitute some of the most pressing and serious threats to the ability of present and future generations to enjoy multiple human rights; whereas parties to the UNFCCC have an obligation to take effective measures to mitigate climate change, enhance the adaptive capacity of vulnerable populations and prevent foreseeable loss of life; |
| --- | --- |

E.

whereas environmental degradation, climate change and unsustainable development constitute some of the most pressing and serious threats to the ability of present and future generations to enjoy multiple human rights; whereas parties to the UNFCCC have an obligation to take effective measures to mitigate climate change, enhance the adaptive capacity of vulnerable populations and prevent foreseeable loss of life;

| F. | whereas parties to the UNFCCC have obligations to gather and disseminate information about environmental impacts and to facilitate public participation in environmental decision-making; |
| --- | --- |

F.

whereas parties to the UNFCCC have obligations to gather and disseminate information about environmental impacts and to facilitate public participation in environmental decision-making;

| G. | whereas approaching climate change from a human rights perspective highlights the principles of universality and non-discrimination, emphasising that rights are guaranteed for all persons in the world, including vulnerable groups, without distinction of any kind, such as, race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status; |
| --- | --- |

G.

whereas approaching climate change from a human rights perspective highlights the principles of universality and non-discrimination, emphasising that rights are guaranteed for all persons in the world, including vulnerable groups, without distinction of any kind, such as, race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status;

| H. | whereas governments, societies and individuals have an ethical and inter-generational responsibility to be increasingly proactive in terms of policy and cooperation with the goal of agreeing on international standards in order to protect and preserve the planet for present and future generations, with a view to guaranteeing their full enjoyment of their human rights and mitigating the negative impacts of climate change; |
| --- | --- |

H.

whereas governments, societies and individuals have an ethical and inter-generational responsibility to be increasingly proactive in terms of policy and cooperation with the goal of agreeing on international standards in order to protect and preserve the planet for present and future generations, with a view to guaranteeing their full enjoyment of their human rights and mitigating the negative impacts of climate change;

| I. | whereas it is widely recognised that the human rights obligations and responsibilities of states and the private sector have specific implications in relation to climate change; whereas failure to protect the environment and those who defend it is contrary to the legally binding human rights obligations of states and could constitute a violation of certain rights, such as the right to a healthy environment or the right to life; whereas a growing number of business activities and operations in third countries result in serious human rights and environmental impacts; |
| --- | --- |

I.

whereas it is widely recognised that the human rights obligations and responsibilities of states and the private sector have specific implications in relation to climate change; whereas failure to protect the environment and those who defend it is contrary to the legally binding human rights obligations of states and could constitute a violation of certain rights, such as the right to a healthy environment or the right to life; whereas a growing number of business activities and operations in third countries result in serious human rights and environmental impacts;

| J. | whereas the Paris Agreement is the first international treaty to explicitly recognise the link between climate action and human rights, thus allowing the use of existing human rights-related legal instruments to urge states and private corporates to reduce emissions; whereas there are no concrete instruments within the Paris Agreement to hold state and corporate actors accountable for their impact on climate change and the exercise of human rights; |
| --- | --- |

J.

whereas the Paris Agreement is the first international treaty to explicitly recognise the link between climate action and human rights, thus allowing the use of existing human rights-related legal instruments to urge states and private corporates to reduce emissions; whereas there are no concrete instruments within the Paris Agreement to hold state and corporate actors accountable for their impact on climate change and the exercise of human rights;

| K. | whereas the European Court of Human Rights has clearly established that various types of environmental degradation can result in violations of substantive human rights, such as the rights to life, private and family life, and the peaceful enjoyment of the home, and the prohibition of inhuman and degrading treatment; |
| --- | --- |

K.

whereas the European Court of Human Rights has clearly established that various types of environmental degradation can result in violations of substantive human rights, such as the rights to life, private and family life, and the peaceful enjoyment of the home, and the prohibition of inhuman and degrading treatment;

| L. | whereas climate justice aims at addressing the climate crisis using human rights law to bridge the accountability gap in climate governance, by using climate change litigation to hold states and corporate actors to account and ensure that they are responsible for their actions in terms of the preservation of nature for its own sake and in order to allow a dignified and healthy life for present and future generations; |
| --- | --- |

L.

whereas climate justice aims at addressing the climate crisis using human rights law to bridge the accountability gap in climate governance, by using climate change litigation to hold states and corporate actors to account and ensure that they are responsible for their actions in terms of the preservation of nature for its own sake and in order to allow a dignified and healthy life for present and future generations;

| M. | whereas several outstanding legal cases have established human rights violations and have paved the way towards accountability following failures or inaction by individuals, states and corporate actors in addressing the consequences of climate change; |
| --- | --- |

M.

whereas several outstanding legal cases have established human rights violations and have paved the way towards accountability following failures or inaction by individuals, states and corporate actors in addressing the consequences of climate change;

| N. | whereas the intensified competition over natural resources led by private companies, at times with government complicity, has placed environmental defenders and indigenous communities seeking to protect their traditional lands at the forefront of environmental action and made them targets for persecution; |
| --- | --- |

N.

whereas the intensified competition over natural resources led by private companies, at times with government complicity, has placed environmental defenders and indigenous communities seeking to protect their traditional lands at the forefront of environmental action and made them targets for persecution;

| O. | whereas the human rights consequences of climate change will be felt not only by the most vulnerable people, but by the whole of the world’s population; whereas the most vulnerable communities and countries that cause the least pollution and environmental destruction suffer the most from the direct consequences of climate change; whereas the figures for disease and premature death resulting from environmental pollution are already three times greater than those for AIDS, tuberculosis and malaria combined, threatening the right to life, a healthy environment and clean air; whereas natural disasters such as floods, tropical storms and long periods of drought are becoming increasingly frequent and are having damaging consequences for food security in the countries of the global south and for the enjoyment of many human rights; |
| --- | --- |

O.

whereas the human rights consequences of climate change will be felt not only by the most vulnerable people, but by the whole of the world’s population; whereas the most vulnerable communities and countries that cause the least pollution and environmental destruction suffer the most from the direct consequences of climate change; whereas the figures for disease and premature death resulting from environmental pollution are already three times greater than those for AIDS, tuberculosis and malaria combined, threatening the right to life, a healthy environment and clean air; whereas natural disasters such as floods, tropical storms and long periods of drought are becoming increasingly frequent and are having damaging consequences for food security in the countries of the global south and for the enjoyment of many human rights;

| P. | whereas environmental justice is part of social justice and whereas climate change impacts are asymmetric and their adverse effects are destructive for present and future generations, especially in developing countries; whereas climate change intensely affects developing countries and exacerbates existing social and economic inequalities, causing vulnerable groups to suffer disproportionately from its adverse effects; |
| --- | --- |

P.

whereas environmental justice is part of social justice and whereas climate change impacts are asymmetric and their adverse effects are destructive for present and future generations, especially in developing countries; whereas climate change intensely affects developing countries and exacerbates existing social and economic inequalities, causing vulnerable groups to suffer disproportionately from its adverse effects;

| Q. | whereas climate change is an increasingly important contributor to displacement and migration, both within nations and across international borders; whereas displacement is an imminent prospect for some communities, such as those living in areas threatened by desertification, those situated in the rapidly melting Arctic, low-lying coastal areas, and small islands or in other delicate ecosystems and at-risk territories; whereas since 2008, an average of 24 million people have been displaced by catastrophic weather disasters each year, largely within three of the most vulnerable regions — sub-Saharan Africa, South Asia and Latin America; whereas 80 % of people displaced by climate change are women, according to the UNDP; whereas the growing phenomenon of climate-induced displacement may pose a direct threat to human rights, culture and traditional knowledge for the population concerned and may have a significant impact on local communities in the countries and territories where they come to settle; |
| --- | --- |

Q.

whereas climate change is an increasingly important contributor to displacement and migration, both within nations and across international borders; whereas displacement is an imminent prospect for some communities, such as those living in areas threatened by desertification, those situated in the rapidly melting Arctic, low-lying coastal areas, and small islands or in other delicate ecosystems and at-risk territories; whereas since 2008, an average of 24 million people have been displaced by catastrophic weather disasters each year, largely within three of the most vulnerable regions — sub-Saharan Africa, South Asia and Latin America; whereas 80 % of people displaced by climate change are women, according to the UNDP; whereas the growing phenomenon of climate-induced displacement may pose a direct threat to human rights, culture and traditional knowledge for the population concerned and may have a significant impact on local communities in the countries and territories where they come to settle;

| R. | whereas COVID-19 restrictions and lockdowns have reduced transparency and monitoring of human rights violations, and have intensified political intimidation and digital surveillance, while limiting access to justice and the abilities of environmental defenders, local actors, indigenous communities and others to effectively participate in decision-making processes; whereas lockdowns of indigenous communities and sanitary measures have limited their ability to patrol and protect their territories; whereas such restrictions should be backed by legitimate and democratic legislation; whereas the capacity of the international community to observe and investigate alleged violations has been considerably diminished due to the pandemic; |
| --- | --- |

R.

whereas COVID-19 restrictions and lockdowns have reduced transparency and monitoring of human rights violations, and have intensified political intimidation and digital surveillance, while limiting access to justice and the abilities of environmental defenders, local actors, indigenous communities and others to effectively participate in decision-making processes; whereas lockdowns of indigenous communities and sanitary measures have limited their ability to patrol and protect their territories; whereas such restrictions should be backed by legitimate and democratic legislation; whereas the capacity of the international community to observe and investigate alleged violations has been considerably diminished due to the pandemic;

| S. | whereas the ability of people to adapt to climate change is linked to a large extend to their access to basic human rights and the health of the ecosystems they depend on for their livelihoods and wellbeing; whereas mitigation and adaptation measures, such as access to and use of natural resources, such as land, water and forests, and resettlement of people, may also have an adverse effect on the exercise of human rights; whereas developing countries and regions will bear an estimated 75-80 % of the costs of climate change, according the report of the UN Special Rapporteur on Extreme Poverty and Human Rights of 17 July 2019 on climate change and poverty; |
| --- | --- |

S.

whereas the ability of people to adapt to climate change is linked to a large extend to their access to basic human rights and the health of the ecosystems they depend on for their livelihoods and wellbeing; whereas mitigation and adaptation measures, such as access to and use of natural resources, such as land, water and forests, and resettlement of people, may also have an adverse effect on the exercise of human rights; whereas developing countries and regions will bear an estimated 75-80 % of the costs of climate change, according the report of the UN Special Rapporteur on Extreme Poverty and Human Rights of 17 July 2019 on climate change and poverty;

| T. | whereas climate change could reverse human development by reducing agricultural productivity, increasing food and water insecurity, increasing exposure to extreme natural disasters, causing the collapse of ecosystems and increasing health risks; |
| --- | --- |

T.

whereas climate change could reverse human development by reducing agricultural productivity, increasing food and water insecurity, increasing exposure to extreme natural disasters, causing the collapse of ecosystems and increasing health risks;

| U. | whereas according to the World Health Organization (WHO), climate change is expected to contribute to approximately 250 000 additional deaths per year, as of 2030, from malnutrition, malaria, diarrhoea and heat stress; whereas climate shocks, according to the World Food Programme, are one of the three main drivers of food insecurity worldwide; whereas in 2019, close to 750 million people — nearly one in ten people in the world — were exposed to severe levels of food insecurity; |
| --- | --- |

U.

whereas according to the World Health Organization (WHO), climate change is expected to contribute to approximately 250 000 additional deaths per year, as of 2030, from malnutrition, malaria, diarrhoea and heat stress; whereas climate shocks, according to the World Food Programme, are one of the three main drivers of food insecurity worldwide; whereas in 2019, close to 750 million people — nearly one in ten people in the world — were exposed to severe levels of food insecurity;

| V. | whereas the climate crisis amplifies gender inequalities, as extreme weather events, natural disasters and long-term environmental degradation threaten homes, livelihoods and community social networks and infrastructure with disproportionate impacts on women and girls, which include increased unpaid care and domestic work of women, higher prevalence of gender-based violence and marginalisation of women’s education, participation and leadership; |
| --- | --- |

V.

whereas the climate crisis amplifies gender inequalities, as extreme weather events, natural disasters and long-term environmental degradation threaten homes, livelihoods and community social networks and infrastructure with disproportionate impacts on women and girls, which include increased unpaid care and domestic work of women, higher prevalence of gender-based violence and marginalisation of women’s education, participation and leadership;

| W. | whereas violence against environmental activists, in particular women, and defenders of environmental rights and their lawyers has become a well-documented trend, including through mass media and social media coverage; whereas women activists suffer from gender-specific forms of violence and intimidation which are a source of grave concern; |
| --- | --- |

W.

whereas violence against environmental activists, in particular women, and defenders of environmental rights and their lawyers has become a well-documented trend, including through mass media and social media coverage; whereas women activists suffer from gender-specific forms of violence and intimidation which are a source of grave concern;

| X. | whereas environmental defenders are on the front line of climate action and accountability; whereas human rights bodies have increasingly drawn attention to the need to specifically protect environmental defenders; whereas the shrinking space for civil society is a global phenomenon that is disproportionally affecting human rights defenders who are working on environmental and land issues and who are often in rural and isolated areas with reduced access to protection mechanisms; whereas the vast majority of human rights abuses against human rights and environmental defenders are committed in a climate of near total impunity; whereas support for and protection of human rights and environmental defenders are among the stated priorities of EU external action around the world and in its neighbourhood; whereas the Union must use all the instruments at its disposal in this regard; |
| --- | --- |

X.

whereas environmental defenders are on the front line of climate action and accountability; whereas human rights bodies have increasingly drawn attention to the need to specifically protect environmental defenders; whereas the shrinking space for civil society is a global phenomenon that is disproportionally affecting human rights defenders who are working on environmental and land issues and who are often in rural and isolated areas with reduced access to protection mechanisms; whereas the vast majority of human rights abuses against human rights and environmental defenders are committed in a climate of near total impunity; whereas support for and protection of human rights and environmental defenders are among the stated priorities of EU external action around the world and in its neighbourhood; whereas the Union must use all the instruments at its disposal in this regard;

| Y. | whereas in recent years, environmental defenders have been subjected to ever increasing incidences of killings, kidnappings, torture, gender-based violence, threats, harassment, intimidation, smear campaigns, criminalisation, judicial harassment, forced eviction and displacement; |
| --- | --- |

Y.

whereas in recent years, environmental defenders have been subjected to ever increasing incidences of killings, kidnappings, torture, gender-based violence, threats, harassment, intimidation, smear campaigns, criminalisation, judicial harassment, forced eviction and displacement;

| Z. | whereas the UN Special Rapporteur on the Situation of Human Rights Defenders has expressed concern for human rights defenders in all countries, as they are exposed to restrictions on freedom of movement, assembly, expression and association, and are targeted by false accusations, unfair trials, arbitrary arrest and detention, torture and execution; |
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Z.

whereas the UN Special Rapporteur on the Situation of Human Rights Defenders has expressed concern for human rights defenders in all countries, as they are exposed to restrictions on freedom of movement, assembly, expression and association, and are targeted by false accusations, unfair trials, arbitrary arrest and detention, torture and execution;

| AA. | whereas the 2020 report of Global Witness reveals that 212 land and environmental activists were killed in 2019, a 30 % increase in comparison with 2018; whereas around 40 % of these victims were indigenous people and traditional land owners and more than two thirds of the killings took place in Latin America; |
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AA.

whereas the 2020 report of Global Witness reveals that 212 land and environmental activists were killed in 2019, a 30 % increase in comparison with 2018; whereas around 40 % of these victims were indigenous people and traditional land owners and more than two thirds of the killings took place in Latin America;

| AB. | whereas indigenous peoples enjoy specific rights as regards the protection of the environment, lands and resources as enshrined in Article 7 of the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention of 1989; whereas Article 29 of the UNDRIP of 2007 affirms that ‘indigenous peoples have the rights to the conservation and protection of the environment and the productive capacity of their lands or territories and resources’; |
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AB.

whereas indigenous peoples enjoy specific rights as regards the protection of the environment, lands and resources as enshrined in Article 7 of the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention of 1989; whereas Article 29 of the UNDRIP of 2007 affirms that ‘indigenous peoples have the rights to the conservation and protection of the environment and the productive capacity of their lands or territories and resources’;

| AC. | whereas the Escazu Agreement is the first regional agreement on access to information, public participation and justice in environmental matters in Latin America and the Caribbean; whereas the Escazu Agreement, which has been open for ratification since 1 September 2019, is the first treaty to establish the right to a healthy environment (Article 4); whereas the Escazu Agreement, which reiterates the importance of regional cooperation, may serve as inspiration for other regions facing similar challenges; whereas the Aarhus Convention establishes a number of rights of individuals and civil society organisations with regard to the environment, including access to environmental information, public participation in environmental decision-making and access to justice; whereas the parties to the Convention are required to make the necessary provisions to ensure that public authorities (at national, regional or local level) contribute to these rights, making them effective; |
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AC.

whereas the Escazu Agreement is the first regional agreement on access to information, public participation and justice in environmental matters in Latin America and the Caribbean; whereas the Escazu Agreement, which has been open for ratification since 1 September 2019, is the first treaty to establish the right to a healthy environment (Article 4); whereas the Escazu Agreement, which reiterates the importance of regional cooperation, may serve as inspiration for other regions facing similar challenges; whereas the Aarhus Convention establishes a number of rights of individuals and civil society organisations with regard to the environment, including access to environmental information, public participation in environmental decision-making and access to justice; whereas the parties to the Convention are required to make the necessary provisions to ensure that public authorities (at national, regional or local level) contribute to these rights, making them effective;

The impact of climate change on human rights

| 1. | Stresses that the enjoyment, protection and promotion of human rights rooted in human dignity, and a healthy and sustainable planet are interdependent; calls on the EU and its Member States to act as a credible and reliable partner on the global stage through the adoption, strengthening and implementation of legislation aligned with a comprehensive human rights-based approach to climate action (HRBA), to guide policies and measures of climate change mitigation and adaptation and endure that they are adequate, sufficiently ambitious, non-discriminatory and compliant with fundamental human rights obligations; notes that principles and standards derived from international human rights law should guide all policies and programming related to climate change, and at all stages of the process; call on the EU and its Member States to encourage non-EU states, companies and local government authorities to implement and adopt solutions and measures that will contribute to the protection of the environment and address the consequences of climate change; |
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1.

| 2. | Calls on the Union and its Member States to strengthen the linkage between human rights and the environment throughout their external action as well as to assist and support international, regional and local human rights mechanisms in addressing environmental challenges, notably the impact of climate change on the full enjoyment of human rights; calls on the Commission to ensure the integration of the issues of climate change and human rights within all relevant EU policies and to ensure the coherence of these policies; notes the importance of supporting activities that raise awareness of the consequences for human rights impacts of climate change, environmental degradation and biodiversity loss; calls on the Union, furthermore, to support and strengthen collaboration with third countries in order to integrate a human rights-based approach in environmental laws and policies; |
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2.

| 3. | Highlights the indispensability of human development opportunities for all; stresses the risks of human rights violations in international commodity supply chains for both conventional and ‘green tech’ renewable energy, such as child labour in cobalt mines catering to the global lithium-ion battery chain; calls on the Commission to take human rights implications into account when assessing the Union’s energy and transport technology pathways; |
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3.

| 4. | Stresses that water scarcity as one of the consequences of climate change is affecting many people around the world; calls for EU and its Member States to address water scarcity as a key priority of its legislative and policy agenda; notes that the mismanagement of land and natural resources is contributing to new conflicts and obstructing the peaceful resolution of existing ones; recalls that increasing competition over diminishing resources is on the rise and that it is further aggravated by environmental degradation, population growth and climate change; |
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4.

| 5. | Recalls the legal obligation to respect the right to a safe, clean, healthy and sustainable environment which is, among other things, a condition for sustainable economic activities which contribute to the well-being and livelihoods of individuals and communities; recalls that international human rights law provides legal remedies to redress the damage caused by climate change to individuals, indigenous communities and environmental human rights defenders, to implement measures to combat climate change and to hold states, businesses and individuals accountable for their actions which impact climate change and human rights; in this respect, calls on the EU to make the fight against impunity one of its key priorities by creating instruments which allow for the full, effective and sustained implementation of human rights and environmental laws and their enforcement; |
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5.

| 6. | Calls on the Commission to ensure that the concrete commitments on human rights, environment and climate change already established in the EU Action Plan on Human Rights and Democracy 2020-2024 are effectively implemented and monitored, and that a gender perspective is included in the plan’s implementation; |
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6.

| 7. | Supports the mandate of the UN Special Rapporteur on Human Rights and the Environment to push for global recognition of the right to live in a safe, clean, healthy and sustainable environment as a human right; calls on the Union and the Member States to support, at the next UN General Assembly, the global recognition of this right; considers that this recognition should serve as a catalyst for stronger environmental policies, improved law enforcement, public participation in environmental decision-making, access to information and justice and better outcomes for people and planet; |
| --- | --- |

7.

| 8. | Urges the Commission to continue to monitor the situation of human rights and climate change and to assess the progress in integrating and mainstreaming human rights into all aspects of climate action at domestic and international level in close cooperation with the UN Human Rights Council / UN High Commissioner on Human Rights; calls for the Union, in this regard, to take action to introduce the right to a safe and healthy environment in the Charter and to fully comply with Article 37 thereof; stresses, in this regard, the importance of close cooperation with states and all relevant institutional actors involved in ensuring the proper implementation of human rights and environmental provisions; |
| --- | --- |

8.

| 9. | Stresses that all people should be granted the fundamental right to a safe, clean, healthy and sustainable environment and to a stable climate, without discrimination, and that this right must be delivered through ambitious policies and must be fully enforceable through the justice system at all levels; |
| --- | --- |

9.

| 10. | Believes that integrating the human right to a healthy environment in key environmental agreements and processes is critical to a holistic response to COVID-19 that includes a reconceptualisation of the relationship between people and nature that will reduce risks and prevent future harm from environmental degradation; |
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10.

| 11. | Encourages the EU and its Member States to take a bold initiative with the active support of the EU Special Representative for Human Rights to fight impunity for the perpetrators of environmental crimes at global level and to pave the way within the International Criminal Court (ICC) towards new negotiations between the parties with a view to recognising ‘ecocide’ as an international crime under the Rome Statute; calls on the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to establish a programme to build the capacity of national jurisdictions of Member States in these fields; |
| --- | --- |

11.

| 12. | Calls for the Union and its Member States to regularly assess how the external dimension of the European Green Deal can best contribute to a holistic and human rights-based approach with regards to climate action and biodiversity loss; calls for the EU to leverage the broad range of external policies, tools and political and financial instruments at its disposal to implement the European Green Deal; calls for the EU to review its climate finance mechanisms and propose to amend them where appropriate, in order to ensure full respect for human rights and to establish strong safeguards for this purpose; calls for the establishment of climate focal points within the relevant services of the Commission and the European External Action Service (EEAS), whose tasks would include climate-proofing all of the EU’s external dealings; calls for transparent and informative communication on these issues in EU development cooperation programmes with third countries; |
| --- | --- |

12.

| 13. | Calls for the gender perspective to be integrated into sustainable development policies and programmes to ensure that the rights of women and girls — including sexual and reproductive health and rights (SRHR) and necessary healthcare services –, the promotion of gender equality and climate justice are mainstreamed through strategy programmes; |
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13.

| 14. | Calls on the Commission to increase financial and technical assistance and capacity building activities to support third countries in the integration of human rights in their national climate actions and programmes and in complying with international environmental regulations in order to ensure that climate change objectives do not interfere with the exercise of human rights in those countries; notes the interinstitutional agreement reached on the Neighbourhood, Development and International Cooperation Instrument (NDICI), under which 30 % of the funding will support climate and environment objectives; insists that all activities of European Financial Institutions in third countries, notably the European Investment Bank and the European Bank for Reconstruction and Development, are consistent with the EU’s climate commitments and follow an HRBA; calls for the reinforcement and deepening of their respective complaint mechanisms (8) for individuals or groups who believe their rights have been violated by such activities and that they may be eligible for remedy; |
| --- | --- |

14.

| 15. | Strongly supports the integration of human rights in the Post-2020 Global Biodiversity Framework in line with the Commission’s recent communication entitled ‘EU Biodiversity Strategy 2030 — bringing nature back into our lives’; believes that in order to embed human rights in the post-2020 Global Biodiversity Framework, new targets should address the recognition and implementation, nationally and globally, of the right to a clean, healthy, safe and sustainable environment; |
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15.

| 16. | Reiterates the importance of protecting the Arctic from climate change and the necessity of EU Arctic policy; |
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16.

| 17. | Acknowledges the impact of the nexus of climate change, environmental degradation and natural disasters as a driver of migration and climate-induced displacement and regrets the lack of human rights protection at international level for individuals who are suffering as a result; considers that such displacement should be addressed at international level; calls on the Commission and the Member States to cooperate on the development of an international framework for addressing climate-induced displacement and migration both at international forums and in the EU’s external action; encourages the Commission and the Member States to work together on increasing their support for resilience measures in regions prone to the detrimental effects of climate change and to support people who have been displaced due to climate change and who are no longer able to live in their places of residence; underlines that the UN Human Rights Committee has ruled that states must take into account the human rights impacts of the climate crisis in the country of origin when considering the deportation of asylum seekers; welcomes the inclusion of climate-induced migration and displacement in the Cancun Adaptation Framework; |
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17.

| 18. | Supports a human rights-based approach to migration governance in third countries and giving consideration to any human rights protection gaps in the context of migration; recalls, in this context, existing tools for legal pathways and considers that such tools should be further established for persons in need of protection; supports the identification and promotion of good practices on human rights obligations and commitments that support and strengthen policymaking at EU and international levels on environmental protection; |
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18.

| 19. | Insists on fulfilling the rights of all individuals without any discrimination based on the place where they live or their social condition, notably of those most vulnerable to the negative impacts of climate change; stresses the importance of ensuring and facilitating public participation of such vulnerable groups in decisions that affect their livelihoods; |
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19.

| 20. | Recalls the fact that the inequality, violence and discrimination experienced by women are amplified by climate change; calls for the EU and its Member States to design and implement policies with a transversal gender perspective in the fields of trade, cooperation, climate and external action, promoting the empowerment and participation of women in the decision-making process and recognising the specific constraints faced by girls and women; |
| --- | --- |

20.

| 21. | Calls on the Commission and the Member States to strengthen the role and capacity of regional human rights bodies and other mechanisms in addressing the nexus of climate change and human rights, promoting environmental rights and protecting environmental rights defenders; calls on the Commission, in particular, to initiate a programme in support of the Escazu Agreement, with the aim, inter alia, of assisting state parties in ratifying and implementing the Agreement, assisting civil society in engaging with the Agreement and contributing to its implementation, and providing support for the voluntary fund established under the Agreement; |
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21.

COVID-19 response

| 22. | Stresses that the global COVID-19 pandemic perfectly illustrates the impact of environmental degradation in creating the conditions for an increase of zoonosis with severe health, social, economic and political consequences; calls on the Commission and the Member States to commit to including environmental rights, and the defence of those who protect them, in any response to the COVID-19 pandemic; encourages the Member States and other stakeholders to take account of the Commission’s Global Monitor of COVID-19’s Impact on Democracy and Human Rights; |
| --- | --- |

22.

| 23. | Expresses its deep concern that a global recession caused by the COVID-19 pandemic might lower, delay or shift states’ commitments in terms of international climate objectives and human rights standards; calls on the EU and its Member States to ensure that policies envisaged for the economic recovery will be fully in line with the promotion and the protection of human rights as enshrined in Article 21 of the Lisbon Treaty as well as with environmental protection and sustainable development; |
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23.

| 24. | Urges the VP/HR, the Commission and the Member States to advocate for an effective response to the COVID-19 crisis which fully takes into consideration the importance of respecting, protecting and fulfilling the right to a safe, clean, healthy and sustainable environment, as a bulwark to prevent future environmental and health crises which have the potential to put basic human rights at risk; calls on the Commission and the EEAS to increase their climate and environment ambition in the light of the COVID-19 crisis and to shape an ambitious strategic approach to climate diplomacy; |
| --- | --- |

24.

| 25. | Expresses concern that emergency and lockdown measures taken in response to COVID-19 may have been misused in several parts of the world by political authorities, security forces, and non-state armed groups to limit, intimidate and murder human rights defenders including environmental and land defenders; recalls, in this regard, how indigenous defenders have also been disproportionately vulnerable to COVID-19 as a result of weak health infrastructure in remote areas and government neglect; |
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25.

| 26. | Notes that the COVID-19 pandemic threatens the food security and nutrition of millions of people around the world, as global food supply chains have been affected, at a time when food security and food systems are already under strain due to climate change and natural disasters; highlights that the pandemic crisis could serve as a turning point for the rebalancing and transformation of food systems, making them more inclusive, sustainable and resilient; |
| --- | --- |

26.

Environmental human rights defenders and the role of indigenous populations

| 27. | Recalls the obligation of states to protect environmental defenders and their families against harassment, intimidation and violence, as enshrined in human rights law, as well as to guarantee their fundamental freedoms, and their obligation to recognise the rights of indigenous peoples and local communities, and to acknowledge the contribution of their experience and knowledge to the fight against biodiversity loss and environmental degradation; underlines their specific role and expertise in land management and preservation and calls for increased cooperation with and inclusion of indigenous peoples as well as for efforts to strengthen their democratic participation in relevant decision-making processes, including those related to international climate diplomacy; welcomes the efforts of the Commission to support the participation of indigenous peoples through its specific support for several projects such as the Indigenous Peoples’ Centre for Documentation, Research and Information (DOCIP); encourages the Commission to continue to promote dialogue and collaboration between indigenous peoples and the European Union as well as with international forums, notably in relation to climate change; |
| --- | --- |

27.

| 28. | Highlights the fact that while attacks and threats happen everywhere in the world, the UN Special Rapporteur on the Situation of Human Rights Defenders outlines that the situation is particularly dramatic in Latin America and Asia, where some international investors, companies and local governments ignore the legitimate concerns of populations; notes that in many cases, conflicts and violations take place within a context of economic inequality and social exclusion; denounces the judicial persecution and criminalisation of environmental activists in the Amazon region, where attacks, killings and persecution of environmental activists are on the rise; denounces the increased number of attacks against, and the persecution of environmental activists in Honduras and the recent killing of Guapinol environmental activists; notes that over the last three years, 578 killings of environmental, land and indigenous peoples’ rights defenders have been recorded; stresses that the Philippines is consistently top of the list of countries where it is most dangerous to be an environmental rights defender; reiterates its call on the Commission, given the seriousness of the human rights violations in the country and in the absence of any substantial improvement or willingness to cooperate on the part of the Philippines authorities, to initiate the procedure that could lead to the temporary withdrawal of preferences under the Generalised Scheme of Preferences Plus (GSP+); |
| --- | --- |

28.

| 29. | Recommends that EU Member States which have not yet done so, ratify ILO Convention 169 on Indigenous and Tribal Peoples; |
| --- | --- |

29.

| 30. | Calls on the Commission to ensure that the EU does not support initiatives and projects that would lead to illegal land grabs, illegal logging and deforestation or other such damaging impacts on the environment; condemns any attempts to deregulate environmental and human rights protections in the context of the COVID-19 pandemic and other crises; |
| --- | --- |

30.

| 31. | Strongly condemns the increase in the number of murders, defamatory attacks, acts of persecution, criminalisation, imprisonment, harassment and intimidation against indigenous people and environmental human rights activists and land defenders worldwide and calls for those responsible to be held accountable; |
| --- | --- |

31.

| 32. | Stresses that women environmental human rights defenders face additional challenges in their work, communities and homes as they are targeted for or exposed to gender-specific threats and gender-specific violence; notes that women defenders are more at risk of being subjected to certain forms of violence and other violations, prejudice, exclusion, and repudiation than their male counterparts; |
| --- | --- |

32.

| 33. | Calls for the EU and its Member States to support all human rights defenders, notably environmental rights defenders and their legal representatives, and to draw attention to their cases when necessary; is convinced that support for environmental rights defenders should be increased and that any reprisal or attack against them by corporate or state actors should be condemned by the EU through public statements and local actions when appropriate; reiterates its position on the need for the EEAS, the Commission and the Member States to invest in and strengthen specific gender-responsive accessible protection mechanisms and programmes for environmental rights defenders, including local and indigenous defenders, and to involve them in any investigations into violations; |
| --- | --- |

33.

| 34. | Is deeply concerned by the steady deterioration in the situation of environmental defenders, whistleblowers, journalists and legal professionals specialising in the environment throughout the world; calls for the EU and its Member States to protect freedom of expression, media freedom and pluralism and the right to assembly, and to ensure the safety and protection of journalists and whistleblowers both in the EU and through its external relations; expresses its deep concern at the abuses, crimes and deadly attacks still being committed against journalists and media workers on account of their activities; points out that whistleblowing is a form of freedom of expression and information and plays a key role in exposing and preventing breaches of Union law and in strengthening democratic accountability and transparency; calls on the Commission, in this context, to monitor the transposition and guarantee the full application by the Member States of Directive (EU) 2019/1937 (9); regards freedom of information as an important instrument for people who may be affected by the consequences of climate change to be properly informed at an early stage about the harmful effects of climate change and adaptation measures; demands respect for freedom of information; |
| --- | --- |

34.

| 35. | Recognises that the actions undertaken by environmental defenders are essential as they search for, devise and disseminate viable solutions and mechanisms for prevention, resilience and adaptation to climate change to the people living in affected territories; |
| --- | --- |

35.

| 36. | Calls on the Commission to pay specific attention to the differentiated protection needs of women human rights defenders, acknowledging their role as powerful agents of change, in particular for climate action; stresses, in this regard, the need to support capacity building and women’s role as educators and promoters of change and to ensure adequate financing for these organisations; recalls how often women community leaders and environmental activists are victims of repression and even murder, as in the case of the valiant activists nominated and shortlisted for the European Parliament’s Sakharov Prize for Freedom of Thought, namely Marielle Franco from Brazil, assassinated in 2018, and Berta Cáceres from Honduras, assassinated in 2016; |
| --- | --- |

36.

| 37. | Calls on the EU and its Member States to request and ensure that the right to free, prior and informed consent of indigenous peoples is respected, without coercion, in any agreement or development project that may affect the lands, territories or natural assets of indigenous peoples; stresses that the promotion of the rights of indigenous peoples and their traditional practices is important to achieving sustainable development, combating climate change and preserving and restoring biodiversity, whilst also assuring adequate safeguards; |
| --- | --- |

37.

| 38. | Calls on the Commission and the Council to use all instruments at their disposal, along with the provisions concerning the implementation and enforcement of human rights in the framework of the Union’s foreign policy and Association Agreements, to effectively support and protect human and environmental rights defenders in the EU’s neighbourhood, as well as to encourage EU candidate countries to effectively converge with European values and standards; |
| --- | --- |

38.

| 39. | Calls for the adoption of an annex to the EU Guidelines on Human Rights Defenders dedicated to the specific challenges and needs of environmental defenders and EU policy in this regard; stresses the importance of ensuring the continuation of the ProtectDefenders.eu project with increased levels of funding as well as of other existing EU tools for supporting human rights defenders; |
| --- | --- |

39.

| 40. | Calls for the adoption of an EU list of priority countries in which the EEAS, the Commission and the Member States would step up their action in support of environmental rights defenders and engage with local authorities in introducing or improving protection mechanisms and specific legislation that defines environmental defenders, recognises their work and guarantees their protection; insists that this priority list should be prepared by the EEAS, in close consultation with stakeholders and with Parliament, and updated on an annual basis; also calls on the VP/HR to provide an annual public report on actions carried out in the priority countries, as well as on the protection of environmental defenders worldwide; |
| --- | --- |

40.

| 41. | Urges the UN to assume a greater role in protecting global ecosystems and environmental defenders, in particular where climate change has a severe impact on indigenous and local communities; calls, therefore, for the EU to promote a UN-level initiative for international observers to monitor serious environmental damage, severe environmental crises or situations where environmental rights defenders are most at risk and to engage with and assist the authorities in establishing a protective environment for these defenders; |
| --- | --- |

41.

| 42. | Calls on the Commission and the Member States to promote, through policy dialogue, the adoption of national action plans that guarantee a safe and free environment for environmental defenders by integrating a wider perspective of collective protection, including political measures to legitimise communities and groups involved in the protection of the environment; calls on the Commission to address explicitly the human rights of indigenous peoples and local communities under forest law, governance and trade voluntary partnership agreements (FLEGT VPAs); |
| --- | --- |

42.

| 43. | Recalls that, in accordance with the UN Declaration on Human Rights Defenders, states must protect biodiversity defenders as human rights defenders; expresses its satisfaction at the design of international treaties such as the Escazu Agreement, which is a key instrument for Latin America and the Caribbean — the region with the most recorded killings of environmental human rights defenders; |
| --- | --- |

43.

UNFCCC, justice and accountability

| 44. | Regrets the fact that, even if fully implemented by all states, current nationally determined contributions (NDCs) would lead to a disastrous global temperature rise of 3 oC above pre-industrial levels, violating the Paris Agreement; warns that such a scenario would result in extreme climatic and environmental impacts and widespread adverse effects on human rights; |
| --- | --- |

44.

| 45. | Welcomes the inclusion of human rights in the Preamble to the Paris Agreement and calls for effective measures to respect and promote human rights obligations when implementing the Agreement and taking climate action; regrets, however, that there are no concrete provisions to hold state and corporate actors accountable for human rights violations linked to climate change; |
| --- | --- |

45.

| 46. | Urges the parties to the UNFCCC to continue increasing their mitigation and adaptation ambition in line with the objectives of the Paris Agreement and to integrate the human rights dimension in their NDCs and their adaptation communication; calls on the secretariat of the UNFCCC to develop guidelines on how to integrate human rights protections into NDCs and adaptation communication in collaboration with the UN High Commissioner on Human Rights; encourages the parties to revise intended nationally determined contributions (INDCs) and NDCs and to develop monitoring mechanisms for NDCs, with the full and effective participation of indigenous peoples; |
| --- | --- |

46.

| 47. | Stresses the need to strengthen synergies across climate and human rights reporting obligations; considers that the guidelines on the transparency framework of the Paris Agreement (Article 13) should ask the parties to provide information concerning not only greenhouse gas emissions but also whether climate policies are implemented in line with other societal objectives and existing legal frameworks, and therefore to include information on good practices, including rights-based approaches to mitigation and adaptation measures, as well as support; |
| --- | --- |

47.

| 48. | Urges the EU institutions to actively cooperate in the promotion of a human rights approach in the ongoing international climate negotiations, notably in the Sustainable Development Mechanism (SDM) and other guidelines for mechanisms under Article 6(4) of the Paris Agreement that ensure meaningful and informed participation of rights holders, adequate environmental and social safeguards, and independent redress mechanisms; stresses that the SDM should aim to finance projects that benefit those most vulnerable to the impacts of climate change and that projects financed under the SDM should undergo a human rights impact assessment, with only projects that have a positive impacts being eligible for registration; |
| --- | --- |

48.

| 49. | Calls on the Commission to draft eligibility criteria for EU grants that would enable environmental NGOs, which may otherwise not be eligible for funding due to their size, to gain more inclusive access to funds; |
| --- | --- |

49.

| 50. | Stresses that in order to ensure accountability for all actors, new mechanisms such as the SDM must integrate institutional safeguard policies and grievance mechanisms to guarantee the effective protection of rights; |
| --- | --- |

50.

| 51. | Calls on the Secretariat of the UNFCCC to develop, together with the parties to the Convention, a common legal framework for climate justice; |
| --- | --- |

51.

| 52. | Stresses that the global stocktake referred to in Article 14 of the Paris Agreement should be used to review progress towards the integration of human rights and other principles into climate action; notes that it should include opportunities for civil society and intergovernmental organisations to provide their input; considers that the implementation assessment of the Paris Agreement should help to identify good practices and barriers to its implementation, as well as to inform future NDCs and international cooperation; |
| --- | --- |

52.

| 53. | Stresses that all effective rights-based climate actions should guarantee free, active, meaningful and informed participation; recommends that mitigation and adaptation plans should be publicly available, transparently financed and developed with affected and/or potentially affected groups, especially the most vulnerable; |
| --- | --- |

53.

| 54. | Emphasises the fact that developing countries cannot deal with the effects of climate change by themselves and that they are often dependent on international assistance in relation to their crisis management capacity and their capacity to adapt to and anticipate the effects of climate change; |
| --- | --- |

54.

| 55. | Underlines its view that human rights laws and institutions that are commonly used to bridge the governance accountability gap can by no means replace effective measures to prevent and redress harm caused by climate change; considers that National Human Rights Institutions (NHRIs) and civil society may play an effective role in national accountability and oversight mechanisms designed to ensure access to remedy for those who suffer human rights harms as a result of climate change; |
| --- | --- |

55.

| 56. | Believes that the EU must play an active, strong and ambitious leadership role in the preparations for the 26th UN climate change conference (COP26), putting the inclusion of human rights principles at the heart of international climate change policymaking in order to avoid irreversible damage to current and future human development and generations; |
| --- | --- |

56.

| 57. | Acknowledges the active role and involvement of civil society including non-governmental organisations and environmental defenders in advocating for human rights-based approaches to climate action and calls for the EU to support such activities; stresses the need to guarantee civil society participation in the transparency framework laid out in Article 13 of the Paris Agreement; |
| --- | --- |

57.

| 58. | Notes the Commission’s proposal for a regulation on amending Regulation (EC) No 1367/2006 (10) (the so-called Aarhus Regulation), which should improve the implementation of the Aarhus Convention at EU level; further encourages the Member States to ensure adequate transposition of relevant EU legislative acts (e.g. Directive 2011/92/EU (11)) and international legally binding provisions (Aarhus Convention) into their legal orders in order to guarantee inclusive access to information, public participation in decision-making and access to justice in environmental matters; |
| --- | --- |

58.

| 59. | Stresses that the actions of environmental activists are absolutely in keeping with the Sustainable Development Goals and that the systemic implementation of these goals should be pursued locally, nationally and internationally; |
| --- | --- |

59.

| 60. | Recalls that Member States are required to regulate corporations to ensure that they do not cause human rights abuses and that private and corporate actors have the obligation to address the human rights implications of climate change, in line with the UN Guiding Principles on Business and Human Rights; |
| --- | --- |

60.

| 61. | Encourages the Commission and the Member States to be active players in the design, establishment and promotion of safeguards and accountability processes within the internationally recognised bodies to ensure that the structural changes made in order to achieve the drastic cut in emissions by 2030, as provided for by climate policies, are designed, implemented and monitored in a manner that protects the rights of the people and communities affected, including the right to work and to promote fair and equitable working conditions; emphasises that the green transition should be fair and leave no-one behind; |
| --- | --- |

61.

| 62. | Stresses the importance of corporate due diligence and sustainable and accountable corporate accountability as significant and indispensable means by which to prevent and protect against severe human rights and environmental violations; calls on the EU to support sustainable and accountable corporate governance as an important element of the European Green Deal; calls on the Member States to implement effective regulatory measures to identify, assess, prevent, cease, mitigate, monitor, communicate, account for, address and remediate potential and/or actual human rights abuses, and to hold businesses accountable when it comes to ensuring that they fulfil their due diligence obligations regarding the impact of climate change on human rights, in line with UN Guiding Principles on Business and Human Rights; |
| --- | --- |

62.

| 63. | Welcomes the Commission’s commitment to develop a legislative proposal on mandatory human rights and environmental corporate due diligence for companies throughout their supply chains; recommends that this legislative proposal should support and facilitate the development of common impact measuring methodologies for environmental and climate change impacts; stresses the importance of effective, meaningful and informed consultation and communication with all affected or potentially affected stakeholders, including environmental defenders; urges the EU to support and effectively engage in the ongoing negotiations for a UN binding treaty on business and human rights to regulate the activities of transnational corporations and other business enterprises; considers that any such instrument must encourage corporate actors and investors to assume their responsibilities with regard to the human right to a healthy environment; considers that any such instrument must include solid environmental protection provisions and encourage corporate actors as well as financial institutions, but also regional investment or development institutions, to assume their responsibilities with regard to the human right to a healthy environment; |
| --- | --- |

63.

| 64. | Underlines the importance of fighting corruption at global level as it harms the enjoyment of human rights and has specific negative repercussions for and disproportionately affects the most disadvantaged, marginalised and vulnerable groups in society, such as women, children, persons with disabilities, the elderly, the poor, indigenous people or people belonging to minorities, inter alia by barring them from equal access to natural resources, including land; |
| --- | --- |

64.

| 65. | Calls on the Council and the EEAS to include corruption-related crimes among the acts punishable under the EU Global Human Rights Sanctions Regime, the so-called the European Magnitsky Act, and to ensure its swift adoption and implementation; |
| --- | --- |

65.

| 66. | Believes that the current EU trade policy review should be an opportunity to redefine, promote and reinforce the protection of human rights in trade policy; stresses that the sustainable development chapters of future trade agreements must be covered by the dispute settlement mechanisms of these agreements; |
| --- | --- |

66.

o

o o

| 67. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the EU Special Representative for Human Rights, the governments and parliaments of the Member States, the UN Security Council, the UN Secretary-General, the President of the 74th session of the UN General Assembly, the President of the UN Human Rights Council, the UN High Commissioner for Human Rights and the EU Heads of Delegation. |
| --- | --- |

67.

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(1)  Texts adopted, P9_TA(2020)0015.

(2)  OJ C 337, 20.9.2018, p. 82.

(3)  Texts adopted, P9_TA(2020)0005.

(4)  OJ C 118, 8.4.2020, p. 15.

(5)  Texts adopted, P9_TA(2020)0054.

(6)  United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, 25 June 1998.

(7)  Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, 4 March 2018.

(8)  Independent Project Accountability Mechanism from the European Bank for Reconstruction and Development and the Complaints Mechanism of the European Investment Bank Group.

(9)  Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).

(10)  Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).

(11)  Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment Text with EEA relevance (OJ L 26, 28.1.2012, p. 1).

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Thursday 20 May 2021

| 12.1.2022 | EN | Official Journal of the European Union | C 15/125 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/125

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P9_TA(2021)0248

Reversing demographic trends in EU regions using cohesion policy instruments

European Parliament resolution of 20 May 2021 on reversing demographic trends in EU regions using cohesion policy instruments (2020/2039(INI))

(2022/C 15/11)

The European Parliament,

| — | having regard to the freedom of movement of workers, which is guaranteed by Article 45 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to the freedom of movement of workers, which is guaranteed by Article 45 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Article 174 TFEU on strengthening the economic, social and territorial cohesion of the Union, |
| --- | --- |

—

having regard to Article 174 TFEU on strengthening the economic, social and territorial cohesion of the Union,

| — | having regard to Article 107(3)(c) TFEU, which allows aid to be used to facilitate the development of certain economic areas, provided that this aid does not significantly affect competition (‘category c’ regions), |
| --- | --- |

—

having regard to Article 107(3)(c) TFEU, which allows aid to be used to facilitate the development of certain economic areas, provided that this aid does not significantly affect competition (‘category c’ regions),

| — | having regard to Article 349 TFEU on the Outermost Regions, |
| --- | --- |

—

having regard to Article 349 TFEU on the Outermost Regions,

| — | having regard to Articles 9, 46, 47, 48 and 147 TFEU regarding several aspects of work and employment in the EU, |
| --- | --- |

—

having regard to Articles 9, 46, 47, 48 and 147 TFEU regarding several aspects of work and employment in the EU,

| — | having regard to the European Pillar of Social Rights, in particular principles 2, 3 and 20, |
| --- | --- |

—

having regard to the European Pillar of Social Rights, in particular principles 2, 3 and 20,

| — | having regard to the proposal for a regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument (COM(2018)0375), and in particular Chapter II thereof on territorial development, |
| --- | --- |

—

having regard to the proposal for a regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument (COM(2018)0375), and in particular Chapter II thereof on territorial development,

| — | having regard to the proposal for a regulation of the European Parliament and of the Council establishing a Recovery and Resilience Facility (COM(2020)0408), |
| --- | --- |

—

having regard to the proposal for a regulation of the European Parliament and of the Council establishing a Recovery and Resilience Facility (COM(2020)0408),

| — | having regard to its resolution of 17 April 2018 on strengthening economic, social and territorial cohesion in the European Union: the 7th report of the European Commission (1), |
| --- | --- |

—

having regard to its resolution of 17 April 2018 on strengthening economic, social and territorial cohesion in the European Union: the 7th report of the European Commission (1),

| — | having regard to its resolution of 14 November 2017 on the deployment of cohesion policy instruments by regions to address demographic change (2), |
| --- | --- |

—

having regard to its resolution of 14 November 2017 on the deployment of cohesion policy instruments by regions to address demographic change (2),

| — | having regard to its resolution of 15 November 2011 on demographic change and its consequences for the future cohesion policy of the EU (3), |
| --- | --- |

—

having regard to its resolution of 15 November 2011 on demographic change and its consequences for the future cohesion policy of the EU (3),

| — | having regard to its legislative resolution of 27 March 2019 on the proposal for a regulation of the European Parliament and of the Council on the European Regional Development Fund and on the Cohesion Fund (4), |
| --- | --- |

—

having regard to its legislative resolution of 27 March 2019 on the proposal for a regulation of the European Parliament and of the Council on the European Regional Development Fund and on the Cohesion Fund (4),

| — | having regard to Article 20 TFEU, Regulation (EU) No 492/2011 (5) and Directive 2004/38/EC (6) on the free movement of workers and their families within the Union, |
| --- | --- |

—

having regard to Article 20 TFEU, Regulation (EU) No 492/2011 (5) and Directive 2004/38/EC (6) on the free movement of workers and their families within the Union,

| — | having regard to the Commission report of 17 June 2020 on the impact of demographic change, |
| --- | --- |

—

having regard to the Commission report of 17 June 2020 on the impact of demographic change,

| — | having regard to the Commission’s roadmap of 27 July 2020 entitled ‘Rural development: long-term vision for rural areas’ (7), |
| --- | --- |

—

having regard to the Commission’s roadmap of 27 July 2020 entitled ‘Rural development: long-term vision for rural areas’ (7),

| — | having regard the Council conclusions on ‘Demographic Challenges — the Way Ahead’, adopted on 8 June 2020, |
| --- | --- |

—

having regard the Council conclusions on ‘Demographic Challenges — the Way Ahead’, adopted on 8 June 2020,

| — | having regard to the Green Paper entitled ‘Ageing: Fostering solidarity and responsibility between generations’ presented by the Commission on 27 January 2021, |
| --- | --- |

—

having regard to the Green Paper entitled ‘Ageing: Fostering solidarity and responsibility between generations’ presented by the Commission on 27 January 2021,

| — | having regard to the Commission’s roadmap of 16 November 2020 entitled ‘Demographic change in Europe: Green Paper on ageing’ (8), |
| --- | --- |

—

having regard to the Commission’s roadmap of 16 November 2020 entitled ‘Demographic change in Europe: Green Paper on ageing’ (8),

| — | having regard to the report by the European Observation Network for Territorial Development and Cohesion (ESPON) of December 2017 on the geography of new employment dynamics in Europe, |
| --- | --- |

—

having regard to the report by the European Observation Network for Territorial Development and Cohesion (ESPON) of December 2017 on the geography of new employment dynamics in Europe,

| — | having regard to the ESPON policy brief of June 2019 entitled ‘Addressing labour migration challenges in Europe: An enhanced functional approach’, |
| --- | --- |

—

having regard to the ESPON policy brief of June 2019 entitled ‘Addressing labour migration challenges in Europe: An enhanced functional approach’,

| — | having regard to the report on World Population Prospects 2019 by the Population Division of the United Nations Department of Economic and Social Affairs, |
| --- | --- |

—

having regard to the report on World Population Prospects 2019 by the Population Division of the United Nations Department of Economic and Social Affairs,

| — | having regard to the European Commission Report on the Impact of Demographic Change from 17 June 2020 (9), |
| --- | --- |

—

having regard to the European Commission Report on the Impact of Demographic Change from 17 June 2020 (9),

| — | having regard to the European Regional Competitiveness Index 2019, |
| --- | --- |

—

having regard to the European Regional Competitiveness Index 2019,

| — | having regard to the OECD paper on Adapting to Demographic Change, prepared for the first meeting of the G20 Employment Working Group held under the Japanese G20 Presidency from 25 to 27 February 2019 in Tokyo, |
| --- | --- |

—

having regard to the OECD paper on Adapting to Demographic Change, prepared for the first meeting of the G20 Employment Working Group held under the Japanese G20 Presidency from 25 to 27 February 2019 in Tokyo,

| — | having regard to the 2002 ‘Barcelona targets’, |
| --- | --- |

—

having regard to the 2002 ‘Barcelona targets’,

| — | having regard to the 2016 report of the Committee of the Regions on the impact of demographic change on European regions, |
| --- | --- |

—

having regard to the 2016 report of the Committee of the Regions on the impact of demographic change on European regions,

| — | having regard to the 2018 report of the Committee of the Regions entitled ‘Addressing brain drain: The local and regional dimension’, |
| --- | --- |

—

having regard to the 2018 report of the Committee of the Regions entitled ‘Addressing brain drain: The local and regional dimension’,

| — | having regard to the Opinion of the Committee of the Regions entitled ‘Demographic Change: Proposals on Measuring and Tackling its Negative Effects in the EU Regions’ of 12-14 October 2020, |
| --- | --- |

—

having regard to the Opinion of the Committee of the Regions entitled ‘Demographic Change: Proposals on Measuring and Tackling its Negative Effects in the EU Regions’ of 12-14 October 2020,

| — | having regard to the Commission’s Long-Term Vision for Rural Areas, which is currently under preparation, |
| --- | --- |

—

having regard to the Commission’s Long-Term Vision for Rural Areas, which is currently under preparation,

| — | having regard to the Committee of the Regions opinion entitled ‘EU Strategy for Rural Revival’ of 8-10 December 2020; |
| --- | --- |

—

having regard to the Committee of the Regions opinion entitled ‘EU Strategy for Rural Revival’ of 8-10 December 2020;

| — | having regard the territorial impact assessment report of the Committee of the Regions on demographic change of 30 January 2020, |
| --- | --- |

—

having regard the territorial impact assessment report of the Committee of the Regions on demographic change of 30 January 2020,

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on Employment and Social Affairs and the Committee on Agriculture and Rural Development, |
| --- | --- |

—

having regard to the opinions of the Committee on Employment and Social Affairs and the Committee on Agriculture and Rural Development,

| — | having regard to the report of the Committee on Regional Development (A9-0061/2021), |
| --- | --- |

—

having regard to the report of the Committee on Regional Development (A9-0061/2021),

| A. | whereas population distribution at local, regional, national and EU level, as well as its stability or change, have very different dynamics across Member States and their regions, with unequal impacts on the depopulation phenomenon, and ultimately on the social, economic and territorial cohesion of the Union; whereas according to the European Regional Competitiveness Index 2019 there is a gap between capital/metropolitan regions and more peripheral areas, with 78 % of European population living in urban areas or functional urban area, and benefiting from quality services in energy, transport and digital connectivity, while many peripheral regions areas still encounter difficulties in these regards; whereas cohesion policy, as the main source of public investment in the EU, accounting for 8,5 % of government capital investment, can play an important role in addressing these demographic challenges, also with a view to preserving the EU’s natural demographic balance in the long term; |
| --- | --- |

A.

whereas population distribution at local, regional, national and EU level, as well as its stability or change, have very different dynamics across Member States and their regions, with unequal impacts on the depopulation phenomenon, and ultimately on the social, economic and territorial cohesion of the Union; whereas according to the European Regional Competitiveness Index 2019 there is a gap between capital/metropolitan regions and more peripheral areas, with 78 % of European population living in urban areas or functional urban area, and benefiting from quality services in energy, transport and digital connectivity, while many peripheral regions areas still encounter difficulties in these regards; whereas cohesion policy, as the main source of public investment in the EU, accounting for 8,5 % of government capital investment, can play an important role in addressing these demographic challenges, also with a view to preserving the EU’s natural demographic balance in the long term;

| B. | whereas for the purposes of this report ‘sending regions’ are regions that are losing high skills and/or competencies (in one or more sectors/domains) to the advantage of other regions as a result of permanent emigration over a specific time period, and ‘receiving regions’ refers to regions that are gaining high skills and/or competencies (in one or more sectors/domains) as a result of permanent immigration over a specific time period; |
| --- | --- |

B.

whereas for the purposes of this report ‘sending regions’ are regions that are losing high skills and/or competencies (in one or more sectors/domains) to the advantage of other regions as a result of permanent emigration over a specific time period, and ‘receiving regions’ refers to regions that are gaining high skills and/or competencies (in one or more sectors/domains) as a result of permanent immigration over a specific time period;

| C. | whereas demographic trends are also influenced by climate change and in particular by floods and heatwaves related to this process; whereas a coordinated approach integrating principles of sustainability, greening and digitalisation across different EU policies could also contribute to reversing negative demographic trends; |
| --- | --- |

C.

whereas demographic trends are also influenced by climate change and in particular by floods and heatwaves related to this process; whereas a coordinated approach integrating principles of sustainability, greening and digitalisation across different EU policies could also contribute to reversing negative demographic trends;

| D. | whereas there is a high correlation between the provision of social services, physical and ICT connectivity, education and labour opportunities on the one hand, and the ability to retain and attract population to certain areas on the other; whereas many EU regions, including rural areas which make up 44 % of the Union’s surface area, remote, peripheral, insular and mountainous regions, which suffer from a geographical, social and economic point of view, still face a severe gap in the provision of these services; whereas these regions and are particularly affected by low-density, rural exodus and depopulation trends with negative impacts on ageing, generational renewal and agriculture development; whereas increased synergies with EU Transport Policy should be developed in order to address the specific needs of low-density and depopulating regions; whereas the current ageing trend for EU population has important economic and social consequences, such as higher dependency ratios, pressures on fiscal and social security sustainability, and increased stress on healthcare and social services; |
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D.

whereas there is a high correlation between the provision of social services, physical and ICT connectivity, education and labour opportunities on the one hand, and the ability to retain and attract population to certain areas on the other; whereas many EU regions, including rural areas which make up 44 % of the Union’s surface area, remote, peripheral, insular and mountainous regions, which suffer from a geographical, social and economic point of view, still face a severe gap in the provision of these services; whereas these regions and are particularly affected by low-density, rural exodus and depopulation trends with negative impacts on ageing, generational renewal and agriculture development; whereas increased synergies with EU Transport Policy should be developed in order to address the specific needs of low-density and depopulating regions; whereas the current ageing trend for EU population has important economic and social consequences, such as higher dependency ratios, pressures on fiscal and social security sustainability, and increased stress on healthcare and social services;

| E. | whereas the free movement of labour is one of the four freedoms of the European Union and its single market; |
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E.

whereas the free movement of labour is one of the four freedoms of the European Union and its single market;

| F. | whereas, although the EU population has seen substantial growth in previous decades, the growth rate is now falling and the population is expected to decrease significantly in the longer term; whereas in 2015 the EU experienced the first natural population decline with more deaths than births; whereas in 2019 Europe accounted for just 6,9 % of the world’s population, and by 2070 it will account for less than 4 % of the world’s population, with sharp declines especially in Eastern and Southern Europe due to the combination of low fertility rates and net intra-EU migration from these areas; whereas long-term demographic trends in European regions continue to indicate lower birth rates and ageing societies except in some outermost regions, and particularly in Mayotte, where a population increase of 38 % is forecast by 2050 compared to 2010 levels, alongside a corresponding increase of 26 % for French Guiana (10); |
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F.

whereas, although the EU population has seen substantial growth in previous decades, the growth rate is now falling and the population is expected to decrease significantly in the longer term; whereas in 2015 the EU experienced the first natural population decline with more deaths than births; whereas in 2019 Europe accounted for just 6,9 % of the world’s population, and by 2070 it will account for less than 4 % of the world’s population, with sharp declines especially in Eastern and Southern Europe due to the combination of low fertility rates and net intra-EU migration from these areas; whereas long-term demographic trends in European regions continue to indicate lower birth rates and ageing societies except in some outermost regions, and particularly in Mayotte, where a population increase of 38 % is forecast by 2050 compared to 2010 levels, alongside a corresponding increase of 26 % for French Guiana (10);

| G. | whereas demographic aspects should be mainstreamed across different policies, including by incorporating them in long-term priorities; whereas it is important to collect and monitor reliable statistical data and to support research and the exchange of good practices at all levels in order to foster a better understanding of demographic challenges, anticipate their impact on the labour markets, and to develop innovative and effective solutions for ensuring age-friendly environments; |
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G.

whereas demographic aspects should be mainstreamed across different policies, including by incorporating them in long-term priorities; whereas it is important to collect and monitor reliable statistical data and to support research and the exchange of good practices at all levels in order to foster a better understanding of demographic challenges, anticipate their impact on the labour markets, and to develop innovative and effective solutions for ensuring age-friendly environments;

| H. | whereas the health and economic crisis generated by the COVID-19 pandemic made clear that solidarity between generations, along with adequate funding for health and social care and sustainable economy, represent driving forces for the recovery process and for the creation of more inclusive and more resilient societies; whereas the COVID-19 pandemic has unveiled the fragility our healthcare systems, especially in connection with an ageing population; whereas the COVID-19 pandemic has underlined once more the importance of safeguarding and promoting the dignity of the elderly and their fundamental rights in the EU; |
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H.

whereas the health and economic crisis generated by the COVID-19 pandemic made clear that solidarity between generations, along with adequate funding for health and social care and sustainable economy, represent driving forces for the recovery process and for the creation of more inclusive and more resilient societies; whereas the COVID-19 pandemic has unveiled the fragility our healthcare systems, especially in connection with an ageing population; whereas the COVID-19 pandemic has underlined once more the importance of safeguarding and promoting the dignity of the elderly and their fundamental rights in the EU;

| I. | whereas COVID-19 crisis is likely to have a significant impact on birth, and death rates and migration flows in Europe, but the full economic, employment and social consequences of the pandemic are still unknown; whereas the short and long term impacts on demographic trends of the extraordinary measures taken in response to the crisis will have to be thoroughly analysed, including from a gender perspective; whereas preliminary studies suggest that the pandemic has exacerbated existing inequalities between men and women, including an increase in unpaid care work and job losses; whereas the public health crisis has a disproportionate impact on women and girls and in particular from most vulnerable groups, which Cohesion Policy should take into account including by channelling investments in care services and improving the working conditions in this sector, as well as by supporting the transition towards a care economy; |
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I.

whereas COVID-19 crisis is likely to have a significant impact on birth, and death rates and migration flows in Europe, but the full economic, employment and social consequences of the pandemic are still unknown; whereas the short and long term impacts on demographic trends of the extraordinary measures taken in response to the crisis will have to be thoroughly analysed, including from a gender perspective; whereas preliminary studies suggest that the pandemic has exacerbated existing inequalities between men and women, including an increase in unpaid care work and job losses; whereas the public health crisis has a disproportionate impact on women and girls and in particular from most vulnerable groups, which Cohesion Policy should take into account including by channelling investments in care services and improving the working conditions in this sector, as well as by supporting the transition towards a care economy;

| J. | whereas movements of young educated professionals within Europe from southern and eastern Europe to north-western Europe have been recorded since the beginning of the economic crisis in 2008; whereas there is a high correlation between the socio-economic conditions of a region and its brain drain/gain dynamic; whereas sending regions and receiving regions will need to work together to address the challenges faced and use integrated approaches to develop long term policies aimed at maximising the quality of life of the population; |
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J.

whereas movements of young educated professionals within Europe from southern and eastern Europe to north-western Europe have been recorded since the beginning of the economic crisis in 2008; whereas there is a high correlation between the socio-economic conditions of a region and its brain drain/gain dynamic; whereas sending regions and receiving regions will need to work together to address the challenges faced and use integrated approaches to develop long term policies aimed at maximising the quality of life of the population;

| K. | whereas innovation and investment in human capital are the main drivers of socio-economic and employment growth in Member States and their regions over the medium to long term; |
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K.

whereas innovation and investment in human capital are the main drivers of socio-economic and employment growth in Member States and their regions over the medium to long term;

Current characteristics and challenges related to demographic change in the EU

General considerations

| 1. | Underlines that the four freedoms are the cornerstone of EU competitiveness and values; notes, nevertheless, that further attention should be paid to their effects on demographic trends, and the related implications for the balance between and within Member States, as well as for their economic, social and territorial cohesion; underlines the EU is facing a major demographic challenge, which, despite different impacts across regions, has to be acknowledged and tackled in a holistic way in order to redress the negative natural demographic balance of recent years; whereas the reversal of the current negative demographic trends in European territories through measures addressing their cause and not just their consequence, should be a priority for the European Union, alongside the dual objective of accelerating the climate and digital transition; |
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1.

| 2. | Observes in this context significant demographic contrasts linked to different economic opportunities, provision of services, accessibility, transport and digital connectivity, at both Union and Member State level between core, metropolitan regions and the periphery; reiterates in this context that the Trans-European Transport Network (TEN-T) can only be effective if local transport infrastructures are function effectively; stresses that these disparities are particularly visible in rural areas or those facing natural or specific constraints, such as sparsely populated and mountainous regions, as well as between the mainland and islands and outermost regions; reiterates that accessibility to most islands and outermost regions is characterised by infrequent and often expensive transport; |
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2.

| 3. | Observes that GDP per capita, income levels, employment rates, fertility rates, socio-economic factors, the rural and urban divide, and population ageing are among the most important factors with a direct impact on demographics; notes that the current employment dynamics in particular are generating demographic flows within EU regions leading to socio-spatial disparities and challenges that post-2020 cohesion policy will need to address; underlines that internal migration patterns from eastern, south and central regions to northern and north-western regions mostly involve young, educated and skilled workers; notes that migration by non-EU citizens has allowed the EU to avoid population loss in recent years; |
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3.

| 4. | Points out that Europe is manifestly experiencing population ageing and declining birth rates, affecting the dependency ratio and having negative effects on workforce growth, which is far behind the rate in the last decade; warns of a visible decline in the labour force in eastern, southern and central European regions; highlights that population ageing also affects housing and transport planning, infrastructure and service needs, as well as fiscal and social security sustainability; notes that active ageing policies are needed in order to reduce the negative dimension of demographic changes, especially in rural and remote areas, and to ensure an adequate level of quality of life for all inhabitants; |
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4.

| 5. | Points to the ongoing COVID-19 health crisis and the possible medium- and long-term socio-economic implications for labour market dynamics; regrets, further, that the COVID-19 pandemic has had a negative impact on the average life expectancy in Europe; underlines that self-isolation and social distancing measures, despite their positive impact in lowering infection rates, have had visible effects on production, demand and trade, reducing economic activity and leading to higher levels of unemployment, a sharp decline in corporate incomes, and higher public deficits; notes that as a result, a new wave of migration by young people both within and between Member States can be predicted; |
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5.

| 6. | Underlines that the ongoing COVID-19 crisis has exposed considerable disparities in the quality and access to healthcare services; recalls in this regard the need to bolster public services in rural areas, such as healthcare facilities, in order to address the very significant inequalities and differences in life expectancy based on place of residence, social status and educational level; recalls that the digital divide was also exposed by the pandemic, affecting in particular elderly people and those living in less developed regions, rural and/or mountainous remote areas, as well as the outermost regions; |
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6.

| 7. | Underlines another challenge made visible by the pandemic, namely the need to ensure decent working and living conditions for seasonal workers, who are important for filling shortages in certain economic sectors, especially agriculture; |
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7.

| 8. | Stresses that determining the dimension of the depopulation process is a challenge in itself, as statistical records do not provide accurate data, as figures for people leaving certain areas are only available after delays lasting many years; notes, moreover, that Eurostat’s population forecasts for the next decade indicate that both rural and urban regions may face population losses; points out, in this context, the importance of correctly evaluating the dimension of demographic challenges and of adequately addressing them, also in order to counter radicalisation and movements opposing the European integration process and to enhance the economic, social and territorial cohesion; recommends exploring the possibility of using further indicators besides GDP and population density for the classification of territories with severe and permanent handicaps; stresses, moreover, the importance of updated statistical demographic data, disaggregated at least at NUTS 3 level, for better monitoring the impact of demographic trends on the territories and to allow for more effective and focused actions to address them; asks Member States to invest in modernising the data collection capacity for demographic evolutions at different NUTS levels; |
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8.

Local and regional dimensions

Sending regions

| 9. | Notes that in general rural, post-industrial areas and towns, which are underdeveloped compared to major metropolitan areas, as well as remote territories, including islands and most of the outermost regions are facing a number of specific situations: a considerable decline in population numbers, also due to birth rates, lower than national or EU average levels of income, and difficulties in territorial integration with other regions, making them more vulnerable to the risk of depopulation; stresses that this situation also leads to difficulties in accessing public services, such as housing, education, healthcare including access to vital drugs; points out that rural regions currently account for 28 % of Europe’s population but this is predicted to fall significantly in the future; highlights that EU initiatives directed to rural areas such as cohesion and agricultural policies should be further strengthened by promoting better coordination of policy initiatives that enhance youth employment, entrepreneurship, digitalisation and support for young and new farmers; welcomes in this regard the Commission’s intention to accelerate the roll-out of high capacity broadband infrastructure in sparsely populated and rural territories, and considers it an opportunity to improve quality of life, and to promote education opportunities, job creation, innovation, better accessibility to health services and other public services, adaptation to technological change and development of cultural venues and leisure activities; stresses that women in rural areas are an essential to the development of these communities, and that greater recognition of women’s work and rights in the rural labour market would significantly diminish the risk of depopulation; encourages the Commission and Member States to create specific strategies to promote the empowerment of women in rural areas; encourages the collection of gender-disaggregated data in order to identify and address any current gender inequalities; |
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9.

| 10. | Draws attention to some of the drivers of demographic change, forcing inhabitants from the abovementioned areas to leave, and discouraging others from moving there: poor infrastructure, including a lack of fast broadband internet and a lack of transport networks, high levels of youth unemployment, fewer job opportunities, particularly in positions requiring higher education, and also in general for women, a lack of public and private services, difficulties in access to health services, fewer education, utilities and social services opportunities, making it more difficult to adapt to technological change, and a lack of cultural venues and leisure activities; recalls, moreover, the impact of climate change and natural hazards related to it on depopulation, such as intense heatwaves leading to desertification of certain southern areas; |
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10.

| 11. | Stresses that this lack of diversification in the regional economic structure of certain regions risks creating a negative ‘label’, including among their inhabitants who may express dissatisfaction with the quality of life and the facilities and services available to them; expresses concern, in this regard, about the ‘geography of discontent’ that is developing in many EU regions where people feel left behind, and which is closely associated with demographic change; highlights in this context the brain drain effect, leading to the migration of highly trained and qualified people from a particular region or country to another; points out, in particular, that the ‘exodus’ of medical staff such as doctors and nurses and teaching staff, worsened by significant cuts in the past years in public funding to health and social care, has led to a deterioration in the quality of medical care and education, making it difficult, especially in remote, rural areas and in the outermost regions, to access high-quality care and education; |
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11.

| 12. | Is of the view that urban areas are also exposed to depopulation, as one in five cities in Europe have experienced population losses since 1990; notes, however, that urban population shrinkage is not always a continuous linear process and can be episodic or temporary, depending on the territorial context; |
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12.

| 13. | Underlines a pattern of ‘inner peripheralisation’, in the sense that central, eastern and southern European regions report a substantially negative net population migration rate, while northern and western European regions report a substantially positive rate, receiving large numbers of economic migrants; considers that these disparities are also exacerbated in rural areas where cohesion policy and CAP resources must focus more decisively on innovation in order to encourage young people to start farming, as well as on digitalisation, rural mobility and the development of smart towns, and on helping family farms benefit from innovation and new technologies; |
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13.

Receiving regions

| 14. | Acknowledges that the metropolitan areas around major cities register a positive migration rate, with characteristic rural-to-urban population movements as a consequence of an increasingly urbanised concentration in employment growth patterns; |
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14.

| 15. | Notes also that regions that have a high share of people with high levels of education and that provide more employment opportunities for people with high levels of education are less exposed to the depopulation process; |
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15.

| 16. | Highlights that knowledge economy sectors contribute to regional development, offering high levels of social capital, networks and technology; acknowledges that innovative economic activities are typically located in technologically more advanced regions where sufficient agglomerations of ‘smart’ businesses are more accessible; |
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16.

| 17. | Underlines, on the other hand, that overconcentration of the population in certain urban areas has already led to negative side effects, such as congestion, rising housing and transport costs, pollution, insufficient water availability, waste-disposal problems, high energy consumption, deterioration of the quality of life, and urban sprawl, as well as a significant risk of poverty and social exclusion, and uncertainty for certain segments of the population; underlines these negative effects have thus led to local authorities being unable to provide services to all residents of urban areas; warns of some of the negative effects on public health of high population concentrations in urban areas, which have been highlighted by the COVID-19 pandemic; |
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17.

| 18. | Notes that migration has a direct impact on the inclusiveness of cities, requiring tailored policy responses and supporting measures in different territorial contexts; recalls in this regard that economic migrants contribute more in taxes and social contributions than they receive in individual benefits; highlights the need to strengthen inclusion policies and support local and regional authorities in this regard; |
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18.

Tailored responses: finding solutions to the challenge of demographic decline

| 19. | Underlines the importance of current initiatives such as the European Innovation Partnership on Active and Healthy Ageing, Ambient Assisted Living and the EIT Digital and Health Knowledge Innovation Communities; calls on the Commission to take into account the solutions already developed by these initiatives for accommodating the demographic shift when addressing the demographic challenges faced by European regions; stresses the importance of the European Qualifications Framework for Lifelong Learning as a way of supporting education and training in areas at risk of depopulation; |
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19.

| 20. | Stresses that local, regional and national authorities, professional associations and NGOs are essential to identifying and assessing specific investment needs in rural and urban areas for mobility, territorial accessibility and basic services, and, therefore, to unlocking the potential of the areas concerned, including economic, social and demographic trends; believes, therefore, that they should play a decisive role as active participants in developing territorial strategies stemming from local communities; highlights the importance of including, when possible, a specific budgetary response for reversing demographic trends in relevant EU programmes, and of conducting impact assessments of public policies on demography; points out that a territorial approach to EU instruments, such as sustainable urban development, community-led local development strategies or Integrated Territorial Investments (ITIs) could be useful tools that can be used to maintain and create jobs, improve the attractiveness of the region, and increase accessibility to services at local level; recognises the great potential of the circular economy and bioeconomy in revitalising these areas, and calls for tailor-made technical assistance to support local and regional authorities in the design and the implementation of these strategies, including through the use of participatory methods involving local stakeholders, the social partners and civil society; |
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20.

| 21. | Points out to the need to develop a European rural agenda aimed at improving the accessibility, attractiveness and sustainable development of rural and remote areas so as to have a positive impact on the smooth operation of the supply chain and the internal market; notes that the accessibility and attractiveness of these areas can be enhanced through access to capital for entrepreneurs and SMEs and investments in innovation ecosystems to support knowledge creation and technological diffusion, as well as through providing high-quality public and essential services, digitalisation, including for small businesses, digital innovation and digital connectivity and high quality transport services; believes that local and regional authorities should identify adequate provisions of services, in the most efficient way possible and that the concept of ‘rural-proofing’ should be used to address the specific needs of rural and remote areas with focus on policy implementation and the delivery adequate solutions; |
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21.

| 22. | Reiterates that transport networks can play a decisive role in addressing demographic change and halting depopulation by reinforcing rural-urban connectivity, including through investments in public transport and other mobility services in rural areas; underlines, in this regard, the importance of improving transport infrastructure including through the maintenance and revitalisation of existing transport links and the provision of links to the TEN-T, which are especially important in rural, peripheral, insular and in the outermost regions, through support to the transition to sustainable and smart transport networks and strengthening interoperability in transport systems as part of the Sustainable and Smart Mobility Strategy; |
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22.

| 23. | Considers that sustainable rural tourism could play a very important role in addressing depopulation and boosting job creation and the economic and demographic diversification of rural areas; |
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23.

| 24. | Acknowledges that the needs and challenges of rural regions, including those related to climate change, must be taken into account in the transition towards climate neutrality and sustainable and smart mobility in line with the Green Deal targets; believes, furthermore, that these investments will enable a fair and equal transition towards a digital economy and a digital online education system accessible to all citizens, including of the most vulnerable; is of the opinion, in this regard, that cohesion policy plays a fundamental role through investments in high quality public and essential services; |
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24.

| 25. | Considers that the Urban Agenda for the EU, which identifies major priorities and actions for improving the quality of life in urban areas, could contribute to shaping proper instruments promoting growth, integration, cooperation and innovation and tackling social challenges; insists also on the need to develop strategies aimed at enhancing the knowledge economy and smart specialisation in European regions, including through developing knowledge networks and providing support for human capital investments; highlights the role of cities and regions both in depopulated and overpopulated areas; reiterates the need to make further funding opportunities directly available to cities and regions in order to implement programmes locally, and calls for maximising the use of the European Urban Initiative; |
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25.

| 26. | Underlines that cohesion policy should contribute to better integrating women in policy planning for regional and urban development in order to design gender-inclusive cities and communities that work for all; believes, moreover, that investments under the ESF+ should promote the employability of women and single parents struggling to find employment, should ensure funding for affordable childcare facilities and support young families; recalls that the needs of children in the care of a family member or living alone while parents are working abroad should also be addressed through counselling services, access to housing, healthcare and education; highlights also the importance of family friendly legislation that facilitates a satisfactory work-life balance; |
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26.

| 27. | Underlines that investments should also target support for young people, older people, persons with disabilities and other vulnerable groups as they enter or remain on the labour market and help them to find a quality job, with special attention given to the most highly depopulated rural and remote areas; believes that tailored training should also be explored with a view to promoting the concept of the ‘economy of well-being’, as well as healthy and active ageing approaches; |
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27.

| 28. | Recalls that the needs of ethnic minorities should also be addressed in the context of tackling demographic challenges; |
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28.

| 29. | Recalls the need for strategies aimed at reversing labour migration at EU, national and regional level; calls on local regional, national and EU authorities to develop policies that increase the attractiveness of their regions in terms of job opportunities, and to tackle the brain drain in sending regions through prevention, mitigation and appropriate responses also using the means provided by cohesion policy; underlines in this context that there are already several initiatives in various Member States, such as incentives for workers with highly specialised skills, aimed at turning the brain drain into a brain gain for the regions in question; |
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29.

| 30. | Stresses that the COVID-19 health crisis has affected all Member States and regions to different extents, and is likely to lead to new trends in demographic flows; recalls in this context that the additional resources for the ERDF and ESF provided through REACT-EU, although this is only a temporary instrument, seeking to ensure a sound and robust recovery of the EU’s economy from the crisis could significantly help to keep people in employment, and create new jobs in areas at risk of depopulation, including through support for SMEs and the self-employed; welcomes the introduction of flexible working arrangements, including remote or short-time work, and underlines that this support must be granted in a non-discriminatory basis; |
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30.

| 31. | Recalls in this regard that the pandemic has highlighted the importance of digitalisation all across the economy in alleviating the consequences of social distancing and freedom of movement restrictions, and also for facilitating health monitoring or teleconsultation and providing healthcare services in sparsely populated areas or areas facing natural or demographic challenges; believes that the opportunities offered by this should be used to create new jobs in areas with an ageing demographic; |
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31.

| 32. | Points to the increased spread of teleworking during the COVID-19 crisis, and believes that it may prove to be a useful tool to reverse depopulation trends in rural areas, making it possible for young educated people to stay in areas which they would otherwise leave; invites the Commission and Member States to reflect on how teleworking could impact future intra-EU mobility and the perceived attractiveness of different regions; |
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32.

Policy recommendations

| 33. | Calls on the Commission to propose a strategy on demographic change built on the following main elements: decent employment conditions, work-life balance, the territorial aspect of policies promoting economic activity and employment, the adequate provision of social services of general interest in all territories, effective local public transport, and adequate care for dependent persons and long-term care, with special attention on new forms of work and their social impact; |
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33.

| 34. | Urges Member States and regional authorities to implement an integrated approach to addressing demographic challenges through cohesion policy instruments, and encourages the promotion of smart villages and other incentive schemes to retain population and attract young people to rural and semi-urban areas; |
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34.

| 35. | Recalls that the Recovery and Resilience Facility will provide large-scale financial support to make Member States’ economies more resilient and better prepared for the future, and insists that Member States should propose, in line with their specific circumstances, measures for addressing demographic change, in particular in the most vulnerable areas, in their national recovery and resilience plans; considers that local and regional bodies must be actively involved in drawing up these plans, as this is an area of particular importance when evaluating plans, and subsequently in their management by Member States; believes that synergies should be developed between cohesion policy and Next Generation EU programmes so as to ensure a more comprehensive approach to demographic challenges; |
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35.

| 36. | Highlights the importance of the JTF and its implementation mechanism, which aim to support the communities affected by the energy transition, contributing to creating new opportunities for rural and post-industrial areas as well to reducing the risk of depopulation; considers that support should be given in this regard to local and regional cooperative initiatives; |
| --- | --- |

36.

| 37. | Reiterates that demographic change is a fundamental challenge for the EU, and that addressing it should be prioritised in the design and implementation of programmes; recalls in this regard that one of the main objectives stipulated in the ERDF and Cohesion Fund Regulation for the next multiannual financial framework (2021-2027) is to support urban and rural areas with geographical or demographic handicaps, with Member States having to allocate EU financial support for projects that promote environmentally sustainable and socially inclusive economic development in the regions concerned; recalls, in this regard, that particular support should be given to NUTS level 3 areas or clusters of local administrative units with a population density of below 12,5 inhabitants per square kilometre or with an average annual population decrease of more than 1 % between 2007 and 2017, which should be subject to specific regional and national policies to ensure better physical and ICT connectivity, improve access to and the quality of social services, promote entrepreneurship and the creation of high quality job opportunities through cohesion instruments: welcomes the new article of the ERDF and Cohesion Fund Regulation which calls for national plans to support regional and local areas facing continuous demographic decline; |
| --- | --- |

37.

| 38. | Calls on the Member States to mobilise ESF and JTF resources to greater extent and to combine them with national and local investment in order to tackle social exclusion, energy poverty, and material deprivation, to effectively counter the digital gap and digital exclusion, especially in rural areas and among the young, the elderly and persons with disabilities, and to secure access to digital tools and programmes and to affordable communication infrastructures; calls, therefore, for accessible and affordable opportunities to acquire digital skills in a way that is adapted to the needs of the elderly; points out that these initiatives have greater chances of success when they are linked to opportunities for intergenerational exchange; believes in this sense that the potential of digitalisation, robotisation and artificial intelligence could be further explored and promoted, along with ensuring high ethical standards while securing inclusion, in order to improve the autonomy and the living conditions and health of older people; |
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38.

| 39. | Reiterates the need for further local and integrated approaches to cohesion policy, Common Agricultural Policy national strategic plans, and national recovery strategic plans in order to allow for an easier, but at the same time sound, management of financial resources and for maximising synergies among the various EU funds and integrated tools; emphasises the need to reinforce administrative capacity to reduce red tape and ensure coherent legislation throughout the project implementation process and focused technical assistance at all stages; |
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39.

| 40. | Calls on the Member States to conduct the programming and implementation process of the 2021-2027 cohesion policy with full respect for the partnership principle, and to take account of the particular needs of the regions with demographic constraints in their partnership agreements; stresses the importance of prioritising regional and sub-regional needs, including demographic and migration aspects and territorial challenges (urban and rural); believes that these strategies should be accompanied by territorial and demographic impact assessments, conducted in parallel with economic, environmental and social assessments; calls on the Commission to monitor and where appropriate secure the full implementation of the Code of Conduct on Partnership which can contribute to an increase of the cohesion policy absorption rate in parallel with enhanced quality of projects; |
| --- | --- |

40.

| 41. | Calls on the Member State States to take into account the different demographic challenges in the design of their national recovery and resilience plans, their national development policies, long-term strategies for sustainable development and tailored cohesion policy programmes, correlated with the European Semester goals, with a view to ensure proper financing aimed at tackling depopulation and reversing negative trends and enhancing territorial attractiveness; |
| --- | --- |

41.

| 42. | Calls on the local, regional and national authorities in regions at risk of depopulation to focus investments on ways of encouraging young families to settle in those regions, as well as on universal accessibility to quality services and infrastructure, with the participation of SMEs and service management businesses, and a focus on job creation, in particular for young people, reskilling of workers, creating entrepreneurial conditions and supporting SMEs; calls on Member States to reinforce their support for this; considers investment in all levels of education, including early childhood education, affordable, accessible and equitable mobility services, childcare facilities to foster women's participation in the labour market and in lifelong learning to be a priority, particularly in rural areas and the Outermost Regions; believes that it is particularly important to create the right conditions for young people to remain in these regions and to tackle early school leaving, offering them attractive education, training, upskilling and reskilling options at local and regional level, including digital skills, through classroom or distance learning, in order to encourage them to pursue their studies in these regions; understands that the regions will need the concentrated support of the Union and the Member States in this endeavour; |
| --- | --- |

42.

| 43. | Calls for more to be done to support regions facing significant population increases, such as Mayotte and French Guiana, by deploying adequate financial resources to guarantee the continuity of basic services in sufficient quantity and quality, particularly in the sectors of education, health and transport. |
| --- | --- |

43.

| 44. | Considers it appropriate to involve regional and local authorities in long-term cooperative governance and planning initiatives at various levels; asks the Commission and the Member States to disseminate good practices on the use and benefits of this type of governance and planning tools to support polycentric development, and to use the territorial impact assessments (TIA) to further design EU and national policies that affect demographic change; reiterates, in this regard, the high importance of the active and genuine involvement of regions in the planning and management of the Recovery and Resilience Facility for reinforcing the efficiency of the instrument; |
| --- | --- |

44.

| 45. | Is of the opinion that innovation and research can have positive spillover effects at the regional level; encourages policymakers at regional and national level to use the new Recovery and Resilience Facility and the ERDF to invest in the extension of broadband in order to foster the digital and knowledge-based economy, as well as in providing resources, high quality public services and incentives, with a view to maintaining highly skilled workers in order to develop research centres in the different regions, thus increasing the attractiveness of the depopulated areas especially to young talents and entrepreneurs; calls for further development of the synergies between the European Structural and Investment Funds and the Horizon Europe programme as well as other initiatives, such as those promoted by the European Institute of Innovation and Technology; considers, moreover, that attractive fiscal policies for business investment through reduced tax rates for families and fiscal incentives for employers and self-employed people would facilitate job creation and investment opportunities; believes, furthermore, that measures encouraging young families to buy their first home, as well as a higher degree of flexibility on state rules could be considered in order to overcome depopulation challenges; |
| --- | --- |

45.

| 46. | Encourages regions to capitalise on their competitive advantages as established in the Smart Specialisation Strategies; recommends developing so-called ‘oasis strategies’ focusing on the most successful, vibrant and growing sectors by harnessing the local potential for development of the region; calls on local and regional authorities to invest the Youth Employment Initiative with a focus on attracting young and trained workers, retaining those who are currently employed, encouraging entrepreneurship, and on local, national and EU incentives; underlines, furthermore, the importance of promoting measures to foster solidarity between generations, active ageing and the opportunities offered by the so-called ‘silver economy’ as a major policy shift for rural areas, turning the issue of population ageing into an opportunity for the development of rural areas; |
| --- | --- |

46.

| 47. | Stresses the need for a wider territorial perspective in line with the ‘New Leipzig Charter: The Transformative Power of Cities for the Common Good’ and the ‘Territorial Agenda 2030’ to reinforce urban networks of second-tier cities and smaller towns in order to harness their significant potential to buttress territorial, economic and social cohesion beyond their immediate boundaries, through greater urban-rural linkages, functional areas, and regional cooperation; |
| --- | --- |

47.

| 48. | Calls on the Commission to focus on policy coordination at EU level on issues related to functional cooperation areas at different levels, such as cross-border, macro-regional and rural-urban, in order to address demographic challenges; |
| --- | --- |

48.

| 49. | Insists that investments should be focused on information and communication technology and human capital, since this has the potential to reduce distances between users and to attract highly skilled workers in order to avoid the digital divide and ensure digital cohesion; stresses the importance of funding ICT infrastructures, the development and uptake of these technologies among SMEs and schools in rural, insular, mountainous and isolated regions and regions in industrial transition, including through funding from the Recovery and Resilience Facility, and Cohesion policy funds more generally; stresses the importance of striving towards an equal and parallel deployment of these technologies in regions and Member States in order to reduce the gap of attractiveness and digital divide; |
| --- | --- |

49.

| 50. | Acknowledges that ‘magnet cities’ primarily contribute to the building of regional ‘growth poles’; underlines, nevertheless, that second-tier cities play a critical role in regional development, and in this respect calls on the Commission and the Member States to put in practice strategies for the harmonised development of these cities; |
| --- | --- |

50.

| 51. | Considers that municipalities should promote ‘open innovation’ initiatives, making use of knowledge to accelerate the innovation process and to develop a collaborative approach with relevant partners and stakeholders with a view to creating regional innovation ecosystems; |
| --- | --- |

51.

| 52. | Highlights the potential of the blue economy to reverse the negative demographic trend in small islands and peripheral maritime regions in the EU; stresses that the proper implementation of blue economy activities, if closely monitored to mitigate any negative environmental externalities and to increase the socio-economic benefits to the whole value chain, including small businesses, hinterland territories and local citizens, could help fight against depopulation in southern Europe, and contribute to spreading the revenue from coastal cities to rural villages, to increasing social inclusion and to achieving the objectives embedded in the European Green deal; |
| --- | --- |

52.

| 53. | Recommends, where appropriate, the rethinking of education and training systems in the Member States, inter alia by developing educational pathways to occupations that are compatible with remote working, combined with policies to prevent a permanent brain drain from the sending regions; insists on using local and regional advantages, as well as the development of local economic and social facilities and tailor-made solutions, not only to prevent the brain drain, but also to reverse this phenomenon; is of the opinion that vocational education and training, including labour mobility, can represent an effective way to share skills and professional experiences, to enhance the skillset of workers and make them more resilient against the swift dynamics of the labour market, thus contributing to the prevention of the brain drain; encourages regional and local authorities to facilitate access to dual education in order improve the transition from education to employment; considers, moreover, the promotion of pan-European ‘diaspora strategies’ aimed at encouraging return processes for those who had left for a more attractive region, with a focus on higher education students in agriculture and rural economics who should be incentivised to go back to their region after graduation with a view to contributing to the economic viability of their respective sending regions; |
| --- | --- |

53.

| 54. | Calls on the Commission to ensure that the initiative on the long-term vision for rural areas includes practical solutions and means of support to address peripheries and demographic changes; believes that this long-term vision for rural areas should develop into a true European rural agenda, with tangible and concrete objectives, and the involvement of all relevant regional and local actors, both in its architecture and its implementation; believes, furthermore, that it should include a gender mainstreaming strategy accompanied by impact assessment tools; invites the Commission, in agreement with the Member States and local and regional authorities, to propose a new deal on demographics in the EU as a multi-level policy approach which would lead to a European strategy on demographic trends; believes that demographic issues, including depopulation and ageing, should be among the issues addressed during the Conference on the Future of Europe; |
| --- | --- |

54.

o

o o

| 55. | Instructs its President to forward this resolution to the Council, the Commission, the European Economic and Social Committee, the Committee of the Regions and the national and regional parliaments of the Member States. |
| --- | --- |

55.

---

(1)  OJ C 390, 18.11.2019, p. 53.

(2)  OJ C 356, 4.10.2018, p. 10.

(3)  OJ C 153 E, 31.5.2013, p. 9.

(4)  OJ C 108, 26.3.2021, p. 566.

(5)  Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1).

(6)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).

(7)  Ares(2020)3866098.

(8)  Ares(2020)6799640.

(9)  https://ec.europa.eu/info/files/report-impact-demographic-change-reader-friendly-version-0_en

(10)  Sources: INSEE (French National Institute of Statistics and Economic Studies), United Nations.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/137 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/137

---

P9_TA(2021)0249

Impacts of EU rules on the free movements of workers and services: intra-EU labour mobility as a tool to match labour market needs and skills

European Parliament resolution of 20 May 2021 on impacts of EU rules on the free movements of workers and services: intra-EU labour mobility as a tool to match labour market needs and skills (2020/2007(INI))

(2022/C 15/12)

The European Parliament,

| — | having regard to the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Article 5 of the Treaty on European Union (TEU), |
| --- | --- |

—

having regard to Article 5 of the Treaty on European Union (TEU),

| — | having regard to Articles 45, 56, 153, 154 and 174 TFEU, |
| --- | --- |

—

having regard to Articles 45, 56, 153, 154 and 174 TFEU,

| — | having regard to the European Pillar of Social Rights (EPSR), proclaimed by the European Council, Parliament and the Commission in November 2017, |
| --- | --- |

—

having regard to the European Pillar of Social Rights (EPSR), proclaimed by the European Council, Parliament and the Commission in November 2017,

| — | having regard to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), |
| --- | --- |

—

having regard to the United Nations Convention on the Rights of Persons with Disabilities (CRPD),

| — | having regard to the fundamental labour standards established by the International Labour Organization (ILO) and to its conventions and recommendations on labour administration and labour inspections, |
| --- | --- |

—

having regard to the fundamental labour standards established by the International Labour Organization (ILO) and to its conventions and recommendations on labour administration and labour inspections,

| — | having regard to the extensive Union legal acquis on health and safety at work, in particular Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (1) and its individual and related directives, |
| --- | --- |

—

having regard to the extensive Union legal acquis on health and safety at work, in particular Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (1) and its individual and related directives,

| — | having regard to the Council conclusions of 8 June 2020 on reskilling and upskilling as a basis for increasing sustainability and employability, in the context of supporting economic recovery and social cohesion, |
| --- | --- |

—

having regard to the Council conclusions of 8 June 2020 on reskilling and upskilling as a basis for increasing sustainability and employability, in the context of supporting economic recovery and social cohesion,

| — | having regard to the ‘Political Guidelines for the next European Commission 2019-2024: A Union that strives for more’, presented by the candidate for President of the European Commission Ursula von der Leyen, |
| --- | --- |

—

having regard to the ‘Political Guidelines for the next European Commission 2019-2024: A Union that strives for more’, presented by the candidate for President of the European Commission Ursula von der Leyen,

| — | having regard to Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (2), |
| --- | --- |

—

having regard to Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (2),

| — | having regard to Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (3), |
| --- | --- |

—

having regard to Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (3),

| — | having regard to Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (4), |
| --- | --- |

—

having regard to Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (4),

| — | having regard to the Commission Implementing Decision (EU) 2018/170 of 2 February 2018 on uniform detailed specifications for data collection and analysis to monitor and evaluate the functioning of the EURES network, |
| --- | --- |

—

having regard to the Commission Implementing Decision (EU) 2018/170 of 2 February 2018 on uniform detailed specifications for data collection and analysis to monitor and evaluate the functioning of the EURES network,

| — | having regard to the Commission report of 2 April 2019 on EURES activity January 2016 — June 2018, |
| --- | --- |

—

having regard to the Commission report of 2 April 2019 on EURES activity January 2016 — June 2018,

| — | having regard to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (5), |
| --- | --- |

—

having regard to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (5),

| — | having regard to Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (6), |
| --- | --- |

—

having regard to Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (6),

| — | having regard to Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (7), |
| --- | --- |

—

having regard to Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (7),

| — | having regard to Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (8), |
| --- | --- |

—

having regard to Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (8),

| — | having regard to Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (9), |
| --- | --- |

—

having regard to Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (9),

| — | having regard to Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (10), |
| --- | --- |

—

having regard to Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (10),

| — | having regard to Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (11), |
| --- | --- |

—

having regard to Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (11),

| — | having regard to Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (12), |
| --- | --- |

—

having regard to Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (12),

| — | having regard to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (13), |
| --- | --- |

—

having regard to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (13),

| — | having regard to Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (14), |
| --- | --- |

—

having regard to Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (14),

| — | having regard to Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners’ Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST) (15), as amended by Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006 (16), |
| --- | --- |

—

having regard to Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners’ Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST) (15), as amended by Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006 (16),

| — | having regard to Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (17), |
| --- | --- |

—

having regard to Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (17),

| — | having regard to Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (18), |
| --- | --- |

—

having regard to Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (18),

| — | having regard to Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (19), |
| --- | --- |

—

having regard to Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (19),

| — | having regard to Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012 (20), |
| --- | --- |

—

having regard to Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012 (20),

| — | having regard to Council Decision (EU) 2019/1181 of 8 July 2019 on guidelines for the employment policies of the Member States (21), |
| --- | --- |

—

having regard to Council Decision (EU) 2019/1181 of 8 July 2019 on guidelines for the employment policies of the Member States (21),

| — | having regard to Decision (EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work (22), |
| --- | --- |

—

having regard to Decision (EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work (22),

| — | having regard to Council recommendation of 22 May 2017 on the European Qualifications Framework for lifelong learning and repealing the recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (23), |
| --- | --- |

—

having regard to Council recommendation of 22 May 2017 on the European Qualifications Framework for lifelong learning and repealing the recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (23),

| — | having regard to its resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis (24), |
| --- | --- |

—

having regard to its resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis (24),

| — | having regard to its resolution of 14 September 2017 on a new skills agenda for Europe (25), |
| --- | --- |

—

having regard to its resolution of 14 September 2017 on a new skills agenda for Europe (25),

| — | having regard to its resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe (26), |
| --- | --- |

—

having regard to its resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe (26),

| — | having regard to the opinion of the European Economic and Social Committee of 15 July 2020 on ‘Recovery plan for Europe and the Multiannual Financial Framework 2021-2027’, |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 15 July 2020 on ‘Recovery plan for Europe and the Multiannual Financial Framework 2021-2027’,

| — | having regard to the opinion of the European Economic and Social Committee of 5 May 2020 on ‘Sustainable funding for lifelong learning and development of skills, in the context of a shortage of skilled labour’ (Exploratory opinion at the request of the Croatian presidency), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 5 May 2020 on ‘Sustainable funding for lifelong learning and development of skills, in the context of a shortage of skilled labour’ (Exploratory opinion at the request of the Croatian presidency),

| — | having regard to the opinion of the European Committee of the Regions entitled ‘Brain Drain in the EU: addressing the challenge at all levels’ (C 141/34), |
| --- | --- |

—

having regard to the opinion of the European Committee of the Regions entitled ‘Brain Drain in the EU: addressing the challenge at all levels’ (C 141/34),

| — | having regard to the Commission communication of 1 July 2020 entitled ‘European Skills Agenda for sustainable competitiveness, social fairness and resilience’ (COM(2020)0274) and to the accompanying Commission staff working documents (SWD(2020)0121) and (SWD(2020)0122), |
| --- | --- |

—

having regard to the Commission communication of 1 July 2020 entitled ‘European Skills Agenda for sustainable competitiveness, social fairness and resilience’ (COM(2020)0274) and to the accompanying Commission staff working documents (SWD(2020)0121) and (SWD(2020)0122),

| — | having regard to the Commission communication of 14 January 2020 entitled ‘A strong social Europe for just transitions’ (COM(2020)0014), |
| --- | --- |

—

having regard to the Commission communication of 14 January 2020 entitled ‘A strong social Europe for just transitions’ (COM(2020)0014),

| — | having regard to the Commission communication of 17 December 2019 entitled ‘Annual Sustainable Growth Strategy 2020’ (COM(2019)0650), |
| --- | --- |

—

having regard to the Commission communication of 17 December 2019 entitled ‘Annual Sustainable Growth Strategy 2020’ (COM(2019)0650),

| — | having regard to the Commission communication of 10 June 2016 entitled ‘A new Skills Agenda for Europe’ (COM(2016)0381), |
| --- | --- |

—

having regard to the Commission communication of 10 June 2016 entitled ‘A new Skills Agenda for Europe’ (COM(2016)0381),

| — | having regard to the proposal for a joint employment report from the Commission and the Council of 17 December 2019 accompanying the communication on the Annual Sustainable Growth Strategy 2020, |
| --- | --- |

—

having regard to the proposal for a joint employment report from the Commission and the Council of 17 December 2019 accompanying the communication on the Annual Sustainable Growth Strategy 2020,

| — | having regard to the Commission communication of 11 December 2019 entitled ‘The European Green Deal’ (COM(2019)0640), |
| --- | --- |

—

having regard to the Commission communication of 11 December 2019 entitled ‘The European Green Deal’ (COM(2019)0640),

| — | having regard to the Commission report of 25 September 2019 on the application and implementation of Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative co-operation through the Internal Market Information System (‘the IMI Regulation’) (COM(2019)0426), |
| --- | --- |

—

having regard to the Commission report of 25 September 2019 on the application and implementation of Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative co-operation through the Internal Market Information System (‘the IMI Regulation’) (COM(2019)0426),

| — | having regard to the Commission 2019 Annual Report on Intra-EU Labour Mobility, |
| --- | --- |

—

having regard to the Commission 2019 Annual Report on Intra-EU Labour Mobility,

| — | having regard to the Cedefop report entitled ‘Skills forecast trends and challenges to 2030’, |
| --- | --- |

—

having regard to the Cedefop report entitled ‘Skills forecast trends and challenges to 2030’,

| — | having regard to the Eurofound report entitled ‘Posted workers in the European Union (2010)’ (27) and to the national reports, |
| --- | --- |

—

having regard to the Eurofound report entitled ‘Posted workers in the European Union (2010)’ (27) and to the national reports,

| — | having regard to the Commission’s Spring 2020 Economic Forecast of 6 May 2020, |
| --- | --- |

—

having regard to the Commission’s Spring 2020 Economic Forecast of 6 May 2020,

| — | having regard to the guidelines of the European Agency for Safety and Health at Work (EU-OSHA) of 24 April 2020 entitled ‘COVID-19: back to the workplace — adapting workplaces and protecting workers’, |
| --- | --- |

—

having regard to the guidelines of the European Agency for Safety and Health at Work (EU-OSHA) of 24 April 2020 entitled ‘COVID-19: back to the workplace — adapting workplaces and protecting workers’,

| — | having regard to Parliament’s 2015 study entitled ‘EU Social and Labour Rights and EU Internal Market Law’, |
| --- | --- |

—

having regard to Parliament’s 2015 study entitled ‘EU Social and Labour Rights and EU Internal Market Law’,

| — | having regard to the Commission Guidelines of 17 July 2020 on seasonal workers in the EU in the context of the COVID-19 outbreak, |
| --- | --- |

—

having regard to the Commission Guidelines of 17 July 2020 on seasonal workers in the EU in the context of the COVID-19 outbreak,

| — | having regard to the Council Conclusions of 9 October 2020 on improving the working and living conditions of seasonal and other mobile workers, |
| --- | --- |

—

having regard to the Council Conclusions of 9 October 2020 on improving the working and living conditions of seasonal and other mobile workers,

| — | having regard to the Council Recommendation of 13 October 2020 on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic, |
| --- | --- |

—

having regard to the Council Recommendation of 13 October 2020 on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic,

| — | having regard to the Commission’s 2015 ‘Study on wage setting systems and minimum rates of pay applicable to posted workers in accordance with Directive 96/71/EC in a selected number of Member States and sectors’, |
| --- | --- |

—

having regard to the Commission’s 2015 ‘Study on wage setting systems and minimum rates of pay applicable to posted workers in accordance with Directive 96/71/EC in a selected number of Member States and sectors’,

| — | having regard to the Commission Guidelines of 30 March 2020 concerning the exercise of the free movement of workers during COVID-19 outbreak, |
| --- | --- |

—

having regard to the Commission Guidelines of 30 March 2020 concerning the exercise of the free movement of workers during COVID-19 outbreak,

| — | having regard to the Commission Communication of 15 May 2020 entitled ‘Towards a phased and coordinated approach for restoring freedom of movement and lifting internal border controls’ — COVID-19’ (2020/C 169/03), |
| --- | --- |

—

having regard to the Commission Communication of 15 May 2020 entitled ‘Towards a phased and coordinated approach for restoring freedom of movement and lifting internal border controls’ — COVID-19’ (2020/C 169/03),

| — | having regard to the Eurofound’s 2015 study entitled ‘Social dimension of intra-EU mobility: Impact on public services’, |
| --- | --- |

—

having regard to the Eurofound’s 2015 study entitled ‘Social dimension of intra-EU mobility: Impact on public services’,

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Agriculture and Rural Development, |
| --- | --- |

—

having regard to the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Agriculture and Rural Development,

| — | having regard to the report of the Committee on Employment and Social Affairs (A9-0066/2021), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs (A9-0066/2021),

| A. | whereas non-discrimination is a fundamental principle enshrined in the Treaties; whereas the free movement of workers is a fundamental principle of the Union; whereas the principle of equal treatment, enshrined in Article 45(2) TFEU stipulates that freedom of movement of workers must entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment; |
| --- | --- |

A.

whereas non-discrimination is a fundamental principle enshrined in the Treaties; whereas the free movement of workers is a fundamental principle of the Union; whereas the principle of equal treatment, enshrined in Article 45(2) TFEU stipulates that freedom of movement of workers must entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment;

| B. | whereas Article 3(3) TEU stipulates that the Union ‘shall promote social justice and protection’; whereas Article 9 TFEU states that ‘in defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health’; |
| --- | --- |

B.

whereas Article 3(3) TEU stipulates that the Union ‘shall promote social justice and protection’; whereas Article 9 TFEU states that ‘in defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health’;

| C. | whereas the free movement of workers, the freedom of establishment and the freedom to provide services are fundamental principles of the internal market; |
| --- | --- |

C.

whereas the free movement of workers, the freedom of establishment and the freedom to provide services are fundamental principles of the internal market;

| D. | whereas the free movement of workers and services should comply with the principles enshrined in the European Pillar of Social Rights; whereas the Union’s commitment to the UN 2030 Agenda and the Sustainable Development Goals, the European Green Deal and the Gender Equality Strategy, including the protection and promotion of fair wages, gender equality and decent working and employment conditions, must be mainstreamed across all internal market policies, thereby taking due account of social and environmental considerations; |
| --- | --- |

D.

whereas the free movement of workers and services should comply with the principles enshrined in the European Pillar of Social Rights; whereas the Union’s commitment to the UN 2030 Agenda and the Sustainable Development Goals, the European Green Deal and the Gender Equality Strategy, including the protection and promotion of fair wages, gender equality and decent working and employment conditions, must be mainstreamed across all internal market policies, thereby taking due account of social and environmental considerations;

| E. | whereas the free movement of workers, including of seasonal workers, is essential to European integration; whereas it can be of mutual benefit to both sending and receiving Member States, and support economic, social and territorial cohesion goals; whereas the Union and the Member States must fully benefit from the potential of intra-EU mobility while effectively enforcing compliance with applicable rules on labour mobility; |
| --- | --- |

E.

whereas the free movement of workers, including of seasonal workers, is essential to European integration; whereas it can be of mutual benefit to both sending and receiving Member States, and support economic, social and territorial cohesion goals; whereas the Union and the Member States must fully benefit from the potential of intra-EU mobility while effectively enforcing compliance with applicable rules on labour mobility;

| F. | whereas the free movement of workers and services contributes to economic growth and cohesion in the Union and creates job opportunities; whereas the single market can only be sustainable and increase prosperity if it is based on fair and common rules and on the principle of equal treatment, especially with regard to the free movement of workers and services; |
| --- | --- |

F.

whereas the free movement of workers and services contributes to economic growth and cohesion in the Union and creates job opportunities; whereas the single market can only be sustainable and increase prosperity if it is based on fair and common rules and on the principle of equal treatment, especially with regard to the free movement of workers and services;

| G. | whereas the Union should continue to play a key role in supporting the exchange of good practices at all government levels and in developing guidance and recommendations in collaboration with the social partners on ensuring decent working and employment conditions for all, including for vulnerable groups of workers; |
| --- | --- |

G.

whereas the Union should continue to play a key role in supporting the exchange of good practices at all government levels and in developing guidance and recommendations in collaboration with the social partners on ensuring decent working and employment conditions for all, including for vulnerable groups of workers;

| H. | whereas the social implications of the free movement of services can affect regions of origin and regions hosting mobile workers both in a positive and/or a negative manner; whereas labour shortages and the brain drain rate, triggered by current economic and social imbalances between the Union’s regions, especially after the financial crisis, have reached critical levels in some Member States, leading to further problems such as demographic imbalances, shortfalls in care provision and medical staff, and overall increased inequalities between regions; whereas rural and remote areas are particularly affected by these phenomena; whereas there is a need for a sustainable industrial policy and robust cohesion policy so as to maintain and create quality employment in sectors and regions under transformation in order to prevent brain drain and involuntary mobility; |
| --- | --- |

H.

whereas the social implications of the free movement of services can affect regions of origin and regions hosting mobile workers both in a positive and/or a negative manner; whereas labour shortages and the brain drain rate, triggered by current economic and social imbalances between the Union’s regions, especially after the financial crisis, have reached critical levels in some Member States, leading to further problems such as demographic imbalances, shortfalls in care provision and medical staff, and overall increased inequalities between regions; whereas rural and remote areas are particularly affected by these phenomena; whereas there is a need for a sustainable industrial policy and robust cohesion policy so as to maintain and create quality employment in sectors and regions under transformation in order to prevent brain drain and involuntary mobility;

| I. | whereas labour cost competition is harmful to cohesion between Member States; whereas a coordinated Union approach is necessary to avoid unfair labour cost competition and increase upward social convergence for all; whereas effective regulation and collective agreements are crucial to ensuring decent working and employment conditions, quality services and fair competition; |
| --- | --- |

I.

whereas labour cost competition is harmful to cohesion between Member States; whereas a coordinated Union approach is necessary to avoid unfair labour cost competition and increase upward social convergence for all; whereas effective regulation and collective agreements are crucial to ensuring decent working and employment conditions, quality services and fair competition;

| J. | whereas cross-border workers generate social and economic benefits for certain regions; |
| --- | --- |

J.

whereas cross-border workers generate social and economic benefits for certain regions;

| K. | whereas in order to protect the rights of mobile workers, strengthen compliance with applicable rules and foster a level playing field and fair competition between all companies, it is crucial to improve, align and coordinate the cross-border enforcement of Union rules on labour mobility, and to tackle abuse, including undeclared work; |
| --- | --- |

K.

whereas in order to protect the rights of mobile workers, strengthen compliance with applicable rules and foster a level playing field and fair competition between all companies, it is crucial to improve, align and coordinate the cross-border enforcement of Union rules on labour mobility, and to tackle abuse, including undeclared work;

| L. | whereas the majority of workers in the Union are employed by micro-, small and medium-sized enterprises (MSMEs); whereas MSMEs and self-employed persons are the most vulnerable to breaches of Union legislation; whereas conflicting national legislation, unnecessary administrative burdens and unfair competition are a major source of difficulties for MSMEs, self-employed persons and bona fide companies in the internal market; whereas initiatives targeting MSMEs and start-ups should help businesses to comply with current rules, and should not result in unnecessary administrative burdens, double standards or lower protection standards for workers; |
| --- | --- |

L.

whereas the majority of workers in the Union are employed by micro-, small and medium-sized enterprises (MSMEs); whereas MSMEs and self-employed persons are the most vulnerable to breaches of Union legislation; whereas conflicting national legislation, unnecessary administrative burdens and unfair competition are a major source of difficulties for MSMEs, self-employed persons and bona fide companies in the internal market; whereas initiatives targeting MSMEs and start-ups should help businesses to comply with current rules, and should not result in unnecessary administrative burdens, double standards or lower protection standards for workers;

| M. | whereas digitalisation provides an unprecedented opportunity to facilitate mobility, while helping to verify strict compliance with Union’s rules on labour mobility; |
| --- | --- |

M.

whereas digitalisation provides an unprecedented opportunity to facilitate mobility, while helping to verify strict compliance with Union’s rules on labour mobility;

| N. | whereas the European Labour Authority (ELA) was established in order to help strengthen fairness and trust in the internal market, the freedom of movement for workers, the posting of workers, and highly mobile services, to monitor compliance with Union rules on labour mobility and the coordination of social security arrangements, as well as to enhance the exchange of best practices and cooperation between Member States and social partners in ensuring fair labour mobility and tackling undeclared work; whereas the promotion of fair wages, gender equality and decent working and employment conditions play a key role in creating a well-functioning, fair and sustainable single market; |
| --- | --- |

N.

whereas the European Labour Authority (ELA) was established in order to help strengthen fairness and trust in the internal market, the freedom of movement for workers, the posting of workers, and highly mobile services, to monitor compliance with Union rules on labour mobility and the coordination of social security arrangements, as well as to enhance the exchange of best practices and cooperation between Member States and social partners in ensuring fair labour mobility and tackling undeclared work; whereas the promotion of fair wages, gender equality and decent working and employment conditions play a key role in creating a well-functioning, fair and sustainable single market;

| O. | whereas the ELA is a newly established body which is expected to reach its full operational capacity by 2024; |
| --- | --- |

O.

whereas the ELA is a newly established body which is expected to reach its full operational capacity by 2024;

| P. | whereas posting of workers, temporary agency work and seasonal work are temporary by their very nature and legal definition; |
| --- | --- |

P.

whereas posting of workers, temporary agency work and seasonal work are temporary by their very nature and legal definition;

| Q. | whereas a lack of adequate legal protection and access to social security systems for workers often result from abusive forms of non-standard employment, artificial arrangements, such as bogus self-employment, unremunerated and/or only poorly remunerated on-call work arrangements, so called ‘zero hours’ contracts, abusive use of temporary contracts and internships as a replacement for regular employment contracts, including in the public sector, and the use of letterbox companies; whereas these issues should therefore be tackled; whereas the increasing use of various subcontracting arrangements could also result in abuse, necessitating countermeasures; whereas intra-EU labour mobility directly based on Article 45 TFEU can naturally contribute to filling long-term labour needs by standard forms of employment open to Union citizens without discrimination based on nationality; |
| --- | --- |

Q.

whereas a lack of adequate legal protection and access to social security systems for workers often result from abusive forms of non-standard employment, artificial arrangements, such as bogus self-employment, unremunerated and/or only poorly remunerated on-call work arrangements, so called ‘zero hours’ contracts, abusive use of temporary contracts and internships as a replacement for regular employment contracts, including in the public sector, and the use of letterbox companies; whereas these issues should therefore be tackled; whereas the increasing use of various subcontracting arrangements could also result in abuse, necessitating countermeasures; whereas intra-EU labour mobility directly based on Article 45 TFEU can naturally contribute to filling long-term labour needs by standard forms of employment open to Union citizens without discrimination based on nationality;

| R. | whereas social cohesion is one of the main principles of the Union; whereas, nonetheless, substantial differences in living and working conditions persist in the Union; whereas higher wages and GDP, robust social security, easier access to the labour market and higher employment rates are amongst the most relevant pull factors for intra-EU mobility (28); whereas, on the other hand, poverty, social exclusion, poor living and working conditions and a lack of social assistance are push factors for intra-EU mobility; whereas persisting labour shortages in some of the critical sectors in some Member States can also be largely explained by poor working conditions and low wage levels; whereas such shortages should be tackled by improving working conditions in these sectors, especially through social dialogue and collective bargaining, rather than leaving work of poor quality to migrant and mobile workers, including cross-border and frontier, and/or undeclared workers; |
| --- | --- |

R.

whereas social cohesion is one of the main principles of the Union; whereas, nonetheless, substantial differences in living and working conditions persist in the Union; whereas higher wages and GDP, robust social security, easier access to the labour market and higher employment rates are amongst the most relevant pull factors for intra-EU mobility (28); whereas, on the other hand, poverty, social exclusion, poor living and working conditions and a lack of social assistance are push factors for intra-EU mobility; whereas persisting labour shortages in some of the critical sectors in some Member States can also be largely explained by poor working conditions and low wage levels; whereas such shortages should be tackled by improving working conditions in these sectors, especially through social dialogue and collective bargaining, rather than leaving work of poor quality to migrant and mobile workers, including cross-border and frontier, and/or undeclared workers;

| S. | whereas the choice to exercise one’s right to freedom of movement should always be voluntary and not forced by a lack of opportunities in the Member State of residence; whereas fair mobility based on solid social and labour rights is a precondition for sustainable European integration, social cohesion and a just transition; |
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S.

whereas the choice to exercise one’s right to freedom of movement should always be voluntary and not forced by a lack of opportunities in the Member State of residence; whereas fair mobility based on solid social and labour rights is a precondition for sustainable European integration, social cohesion and a just transition;

| T. | whereas abusive practices, such as social and environmental dumping, weaken public support for the Union and further European integration, damage the functioning of the internal market and the competitiveness of businesses, in particular MSMEs and self-employed persons, and undermine the rights of workers; whereas, therefore, monitoring of compliance with the applicable legislation must be strengthened; whereas the ‘think small first’ principle should be duly taken into account at Union level when preparing legislative proposals; whereas conflicting provisions within national legislation create obstacles to MSMEs and should be avoided; |
| --- | --- |

T.

whereas abusive practices, such as social and environmental dumping, weaken public support for the Union and further European integration, damage the functioning of the internal market and the competitiveness of businesses, in particular MSMEs and self-employed persons, and undermine the rights of workers; whereas, therefore, monitoring of compliance with the applicable legislation must be strengthened; whereas the ‘think small first’ principle should be duly taken into account at Union level when preparing legislative proposals; whereas conflicting provisions within national legislation create obstacles to MSMEs and should be avoided;

| U. | whereas the principle of equal treatment is a prerequisite for the social market economy and upward social convergence, requiring compliance with applicable legislation and collective agreements of the country of destination, thereby ensuring a level playing field between local and mobile workers, as well as between local and foreign service providers; |
| --- | --- |

U.

whereas the principle of equal treatment is a prerequisite for the social market economy and upward social convergence, requiring compliance with applicable legislation and collective agreements of the country of destination, thereby ensuring a level playing field between local and mobile workers, as well as between local and foreign service providers;

| V. | whereas more than 8 % of mobile workers are employed in the healthcare and social work sector, more than 7 % in the transportation services sector, and more than 10 % in the accommodation and food industries; whereas mobile and seasonal workers are often essential for the Member States for example in sectors such as healthcare, care for the elderly or persons with disabilities, or construction; |
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V.

whereas more than 8 % of mobile workers are employed in the healthcare and social work sector, more than 7 % in the transportation services sector, and more than 10 % in the accommodation and food industries; whereas mobile and seasonal workers are often essential for the Member States for example in sectors such as healthcare, care for the elderly or persons with disabilities, or construction;

| W. | whereas at least 80 million workers in Europe are mismatched in terms of qualifications and more than 5 out of 10 jobs that are hard-to-fill are found in high-skilled occupations (29); |
| --- | --- |

W.

whereas at least 80 million workers in Europe are mismatched in terms of qualifications and more than 5 out of 10 jobs that are hard-to-fill are found in high-skilled occupations (29);

| X. | whereas the COVID-19 pandemic has once again shown that highly mobile workers who frequently move within the Union are essential; whereas the pandemic has also shown that seasonal, posted, migrant and mobile workers, including cross-border and frontier workers, have contributed immensely to the survival of the Union’s economy as well as the Union’s international trade during the pandemic; whereas as front-line workers they have done this at a huge health risk to themselves and their families; whereas seasonal workers have proved essential to keeping many European farms operating; whereas at the same time highly mobile workers also remain the most vulnerable and the least protected; whereas during the first phase of the COVID-19 pandemic, these workers were among the most affected by uncoordinated border management measures; |
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X.

whereas the COVID-19 pandemic has once again shown that highly mobile workers who frequently move within the Union are essential; whereas the pandemic has also shown that seasonal, posted, migrant and mobile workers, including cross-border and frontier workers, have contributed immensely to the survival of the Union’s economy as well as the Union’s international trade during the pandemic; whereas as front-line workers they have done this at a huge health risk to themselves and their families; whereas seasonal workers have proved essential to keeping many European farms operating; whereas at the same time highly mobile workers also remain the most vulnerable and the least protected; whereas during the first phase of the COVID-19 pandemic, these workers were among the most affected by uncoordinated border management measures;

| Y. | whereas during the COVID-19 pandemic, seasonal and posted workers often lacked basic healthcare, decent accommodation, personal protective equipment and adequate information; whereas they often had only inadequate access or no access at all to social protection schemes in the host Member States. including sick pay and short-term unemployment schemes; whereas in some cases they were even deported; whereas the mobility of workers is highly dependent on available means of transport, and workers from islands and the outermost regions of the Union are particularly affected; whereas border closures also affected cross border and frontier workers by making it more difficult for them to go to their workplaces and back to their families, and by limiting their access to social and healthcare services; whereas, in some cases mobile workers suffered discrimination and poor working and living conditions which led to outbreaks of the COVID-19 infection; |
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Y.

whereas during the COVID-19 pandemic, seasonal and posted workers often lacked basic healthcare, decent accommodation, personal protective equipment and adequate information; whereas they often had only inadequate access or no access at all to social protection schemes in the host Member States. including sick pay and short-term unemployment schemes; whereas in some cases they were even deported; whereas the mobility of workers is highly dependent on available means of transport, and workers from islands and the outermost regions of the Union are particularly affected; whereas border closures also affected cross border and frontier workers by making it more difficult for them to go to their workplaces and back to their families, and by limiting their access to social and healthcare services; whereas, in some cases mobile workers suffered discrimination and poor working and living conditions which led to outbreaks of the COVID-19 infection;

| Z. | whereas the COVID-19 outbreak has exposed and exacerbated the difficult and often deplorable working and living conditions of hundreds of thousands of seasonal workers, the vast majority of whom are mobile workers, and of some of the over one million posted workers in the EU; whereas their already precarious conditions are further undermined by cases of structural discrimination in the labour market and a lack of proper enforcement of current laws and regulations; |
| --- | --- |

Z.

whereas the COVID-19 outbreak has exposed and exacerbated the difficult and often deplorable working and living conditions of hundreds of thousands of seasonal workers, the vast majority of whom are mobile workers, and of some of the over one million posted workers in the EU; whereas their already precarious conditions are further undermined by cases of structural discrimination in the labour market and a lack of proper enforcement of current laws and regulations;

| AA. | whereas the COVID-19 pandemic revealed numerous structural shortcomings in the European and national regulatory frameworks; whereas many of these shortcomings were not only related to the pandemic; whereas these shortcomings should be addressed at Union and Member State level as a matter of urgency to ensure fair competition and equal treatment in the internal market; whereas the COVID-19 pandemic is having a fundamental and lasting impact on European labour markets; |
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AA.

whereas the COVID-19 pandemic revealed numerous structural shortcomings in the European and national regulatory frameworks; whereas many of these shortcomings were not only related to the pandemic; whereas these shortcomings should be addressed at Union and Member State level as a matter of urgency to ensure fair competition and equal treatment in the internal market; whereas the COVID-19 pandemic is having a fundamental and lasting impact on European labour markets;

| AB. | whereas labour mobility and particularly the posting of workers must not result in competition based on precarious working conditions and employers evading their obligations, and/or the circumvention of applicable national legislation and collective agreements in host Member States, as such abusive practices only result in tensions between Member States, unfair competition between businesses, and distrust among workers; whereas these adverse effects, including brain drain and unfair competition, can also be due to the absence of upward social convergence; whereas labour mobility should be perceived as an opportunity, facilitate the sharing of skills and professional experience, and promote upward social convergence; whereas the rules on labour mobility and the posting of workers should not result in a disproportionate administrative burden; whereas the posting rules also apply to nationals posted from one Member-State to another, who are particularly vulnerable to exploitation, and therefore need particular attention from national labour inspectorates and the ELA; |
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AB.

whereas labour mobility and particularly the posting of workers must not result in competition based on precarious working conditions and employers evading their obligations, and/or the circumvention of applicable national legislation and collective agreements in host Member States, as such abusive practices only result in tensions between Member States, unfair competition between businesses, and distrust among workers; whereas these adverse effects, including brain drain and unfair competition, can also be due to the absence of upward social convergence; whereas labour mobility should be perceived as an opportunity, facilitate the sharing of skills and professional experience, and promote upward social convergence; whereas the rules on labour mobility and the posting of workers should not result in a disproportionate administrative burden; whereas the posting rules also apply to nationals posted from one Member-State to another, who are particularly vulnerable to exploitation, and therefore need particular attention from national labour inspectorates and the ELA;

| AC. | whereas skills mismatches and skills shortages present important challenges to the Union labour market and education and training systems; whereas this reveals a substantial need for the improvement of education and vocational training systems to make them more future-proof and forward-looking, as well as for the improvement of the system of re-skilling and up-skilling of workers; whereas, however, there are still no official statistics or indicators to measure skills mismatches in European labour markets; |
| --- | --- |

AC.

whereas skills mismatches and skills shortages present important challenges to the Union labour market and education and training systems; whereas this reveals a substantial need for the improvement of education and vocational training systems to make them more future-proof and forward-looking, as well as for the improvement of the system of re-skilling and up-skilling of workers; whereas, however, there are still no official statistics or indicators to measure skills mismatches in European labour markets;

| AD. | whereas job polarisation is expected to increase further, and there will be more jobs at the higher and lower ends of the skills spectrum; |
| --- | --- |

AD.

whereas job polarisation is expected to increase further, and there will be more jobs at the higher and lower ends of the skills spectrum;

| AE. | whereas the urban-rural digital divide and the impact of socio-economic factors on the digital divide remain major challenges that need to be addressed without delay; whereas there is an immense lack of digital and green skills among the workforce, which should be tackled, inter alia, through lifelong learning; |
| --- | --- |

AE.

whereas the urban-rural digital divide and the impact of socio-economic factors on the digital divide remain major challenges that need to be addressed without delay; whereas there is an immense lack of digital and green skills among the workforce, which should be tackled, inter alia, through lifelong learning;

| AF. | whereas corporate investment in training and education as well as in working and employment conditions is an important instrument for attracting skilled workers; whereas the mutual recognition and transparency of qualifications have a key role in achieving the convergence of professions, freedom to provide services and the fair mobility of workers; |
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AF.

whereas corporate investment in training and education as well as in working and employment conditions is an important instrument for attracting skilled workers; whereas the mutual recognition and transparency of qualifications have a key role in achieving the convergence of professions, freedom to provide services and the fair mobility of workers;

| AG. | whereas the development of the system for recognition of informally gained knowledge and skills, e.g. in the case of informal carers, should be taken into consideration in this context; whereas this development is extremely important in light of current demographic challenges and trends related to ageing societies in the Member States; |
| --- | --- |

AG.

whereas the development of the system for recognition of informally gained knowledge and skills, e.g. in the case of informal carers, should be taken into consideration in this context; whereas this development is extremely important in light of current demographic challenges and trends related to ageing societies in the Member States;

| AH. | whereas effective tripartite dialogue and the social dialogue can successfully complement government and institutional efforts to overcome current tensions and divisions in the EU; whereas social partners’ involvement has the potential to improve policy-making, implementation and enforcement, and needs further strengthening at all political levels; |
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AH.

whereas effective tripartite dialogue and the social dialogue can successfully complement government and institutional efforts to overcome current tensions and divisions in the EU; whereas social partners’ involvement has the potential to improve policy-making, implementation and enforcement, and needs further strengthening at all political levels;

| AI. | whereas there is no EU-wide, systematic data gathering exercise aiming to provide adequate data on mobile workers or to allow them to establish their social security coverage status and claim various acquired entitlements; whereas access to information on applicable rules as well as effective compliance, monitoring and enforcement are necessary preconditions for fair mobility and the fight against abuses of the system; whereas digital technology, which can facilitate the supervision and enforcement of legislation, safeguarding the rights of mobile workers, should therefore be promoted and used in compliance with data protection rules; |
| --- | --- |

AI.

whereas there is no EU-wide, systematic data gathering exercise aiming to provide adequate data on mobile workers or to allow them to establish their social security coverage status and claim various acquired entitlements; whereas access to information on applicable rules as well as effective compliance, monitoring and enforcement are necessary preconditions for fair mobility and the fight against abuses of the system; whereas digital technology, which can facilitate the supervision and enforcement of legislation, safeguarding the rights of mobile workers, should therefore be promoted and used in compliance with data protection rules;

| 1. | Notes that the country of destination provision is the guiding principle of the Services Directive, and considers that this provision should not be changed; stresses that the free movement of services must be achieved without undermining workers’ rights and social rights; recalls that the principles of equal treatment and free movement do not apply only to service providers, but equally to workers; considers that the free movement of services goes hand in hand with the free and fair mobility of workers providing these services, and that the internal market benefits when the rules on working conditions are upheld and the health and safety of mobile workers are protected; underlines that the implementation of the principles enshrined in the EPSR as a minimum standard could contribute to enhancing the rights and the protection of European workers; |
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1.

| 2. | Stresses that Union legislation related to the free movement of services must not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right to strike or to take other action covered by the Member States’ specific industrial relations systems, in accordance with national law and/or practice, nor can it affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice; stresses that quality legislation and its effective implementation is a long-term investment; |
| --- | --- |

2.

| 3. | Recalls that the protection of mobile workers’ working and living conditions based on the principle of equal treatment must cover the free movement of workers as well as the freedom to provide services; is concerned about the persisting shortcomings in the protection of mobile workers, including cross-border and frontier workers, highlighted by the COVID-19 pandemic; stresses that workers must not face any disadvantages as a result of having exercised their right to freedom of movement or because of Union rules on the free provision of services; highlights the need to address any regulatory shortcomings at Union and national level without undue delay; underlines, furthermore, that applicable legislation concerning the access to social rights and social security protection, including their portability, the recognition of diplomas, qualifications and skills and access to training, must be respected with regard to the free movement of workers as well as free movement of services; recalls that any border restrictions within the EU, even though adopted in response to a severe public health crisis, should take into account their impact on mobile workers, and should respond to their specific situation; |
| --- | --- |

3.

| 4. | Is concerned about the current lack of harmonised interpretation of EU law by Member States, such as the recently revised Posting of Workers Directive (30), which leads to a lack of legal clarity and to bureaucratic burdens for companies providing services in more than one Member State; calls on the Commission to directly assist Member States during the whole process of transposition so that a uniform interpretation of European law is ensured; |
| --- | --- |

4.

| 5. | Stresses, in this connection, the need to pay particular attention to workers living in the outermost regions of the European Union, and to facilitate their mobility to and from the mainland and between the outermost regions themselves; |
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5.

| 6. | Regrets that only 4,2 % of EU citizens of working age reside in an EU country other than that of their citizenship in 2019 (31); calls on the Commission and Member States to step up their efforts to reduce mobility barriers for workers and businesses; |
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6.

| 7. | Recalls the need to ensure the free movement of workers in order to preserve employment and the economy of certain regions, and to maintain activities such as farming; |
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7.

| 8. | Calls on the Member States to implement and monitor the revised Posting of Workers Directive in a correct and timely manner in order to protect posted workers and their freedom to provide services during their postings by laying down mandatory provisions on working conditions and the protection of workers’ health and safety; |
| --- | --- |

8.

| 9. | Calls on Member States to make full use of the possibility of applying the provisions on wages and working conditions contained in all collective agreements to posted workers in the EU, and to ensure equal pay for equal work at the same place for workers, and a level playing field for companies as part of the implementation of the revised Posting of Workers Directive; |
| --- | --- |

9.

| 10. | Calls on the Commission to conduct in-depth research into the trends affecting the working conditions of posted third-country nationals; emphasises the need for possible policy measures at Union or national level based on the outcome of this research; is deeply concerned about the current increase in the share of third-country nationals in sectors with a reputation for precarious working conditions and cases of abuse; underlines that third-country nationals are often more vulnerable to exploitation and therefore need protection; highlights that exploitation includes abusive practices such as bogus posting, bogus self-employment, fraudulent subcontracting and recruiting agencies, letterbox companies and undeclared work; underlines that third-country national workers can work with work permits in the EU, under the precondition that all safeguards in national and Union labour law effectively ensure protection and decent working conditions for third-country nationals as well, and that this will not result in labour market distortions; calls on the Commission and the Member States to ensure compliance with applicable laws and rules on employment conditions when dealing with third-country nationals, in order to eliminate abuses; calls on the Member States to implement the protective provisions in Directive 2009/52/EC, ensuring accessible and effective complaint mechanisms making it possible to effectively claim back wages due and social security contributions; |
| --- | --- |

10.

| 11. | Recalls the nature of European-wide supply chains in strategic industrial sectors that are a key source of employment and activity for mobile workers and service companies, and which are heavily impacted by uncoordinated measures, such as different rules concerning the COVID-19 testing and quarantines, adopted by Member States in their efforts to tackle the pandemic; calls on the Commission to attach the same importance to ensuring safe conditions for workers as to restoring freedom of movement and the flow of goods; |
| --- | --- |

11.

| 12. | Recalls that the lack of harmonised quarantine periods, testing requirements and travel rules within the Union present a significant challenge to many companies and many mobile workers and their families, especially in sectors with high mobility; encourages Member States to coordinate efforts to extend social security coverage, access to sick pay and temporary unemployment schemes to also protect frontier, cross-border and mobile workers, and especially those hit by the crisis who are therefore suffering poverty, unemployment, social exclusion, and poor living conditions; |
| --- | --- |

12.

| 13. | Reiterates that it is crucial for people’s everyday lives that essential goods such as food, medical devices or protective equipment keep being delivered across the EU at all times; calls on the Commission to ensure continued free movement of essential goods and services within the internal market in times of crisis such as a pandemic; |
| --- | --- |

13.

| 14. | Urges the Commission and the Member States to recognise mobile workers in strategic manufacturing supply chains, e.g. for medical equipment and others, as essential or critical, and therefore to review the applicable quarantine requirement if there is no risk to public health and safety, proven by relevant testing in line with the Council Recommendation on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic; |
| --- | --- |

14.

| 15. | Calls on the Commission to examine protection gaps with view to ensuring decent working and living conditions for mobile workers and preventing abusive practices, and to properly enforce Union legislation on subcontracting; calls on the Commission to ensure general joint and several liability throughout the whole subcontracting chain in order to protect workers’ rights; emphasises that such an initiative should increase transparency and strengthen the liability of main contractors in subcontracting chains by legally guaranteeing the payment of all social security contributions and workers’ entitlements due, and by urging national authorities to effectively impose dissuasive sanctions whenever necessary; calls on the Commission to promote, and on the Member States to guarantee, trade union access to all workplaces, including workplaces outside the country of employment; calls on the Commission and the Member States to take action to strengthen and promote social dialogue and the autonomy of the social partners, and to encourage workers to organise as this is a key instrument for achieving high standards of employment; |
| --- | --- |

15.

| 16. | Calls on the Commission to analyse negative developments related to labour mobility, particularly the brain drain in certain sectors and regions; stresses that measures to counter the brain drain must go hand in hand with those to promote upward social convergence; insists that, despite the COVID-19 pandemic, Member States should permit and facilitate the crossing of borders for professional reasons, whenever professional activity in the sectors concerned is allowed in the host Member State, in order to safeguard equal treatment between local and mobile workers; calls on the Commission to establish clear quantitative and qualitative indicators for the purposes of the European Semester and the publication of country-specific recommendations in order to monitor the implementation and enforcement of the rules on the free movement of worker; calls on the Commission to table recommendations to ensure fair, equitable and decent living and working conditions for mobile workers; |
| --- | --- |

16.

| 17. | Underlines that the objectives of the European Pillar of Social Rights, the UN Sustainable Development Goals, the European Green Deal and the Gender Equality Strategy must also be reflected in the approach to the single market, promoting high social and environmental standards as a prerequisite for productivity increases; highlights the importance of public procurement for achieving these objectives; |
| --- | --- |

17.

| 18. | Urges the Commission to ensure that the ELA becomes fully operational as a matter of priority in order to monitor and promote the application and enforcement of Union law relating to labour mobility and social security coordination; urges the Commission to support and strengthen the capacity of and cooperation between competent national authorities, as well as social partners, in order to ensure fair rights-based mobility, adequate information to workers and employers about their rights and obligations, and the effective cross-border enforcement of workers’ rights, including the portability of rights and entitlements, and to effectively tackle social security fraud and abusive practices; believes that the ELA should focus on better enforcement and implementation of current Union legislation so that competition within the single market is fair and just; stresses that in order for the ELA to be effective in combating illegal practices, it should give priority to the development of a real-time database to validate information from foreign service providers; stresses that the ELA must have sufficient resources to perform its tasks; underlines that the partial integration of the EURES into the ELA should strengthen the link between the promotion of freedom of movement and information provision and compliance with the relevant legislative framework protecting mobile workers and citizens; |
| --- | --- |

18.

| 19. | Calls on the Commission to propose EU framework provisions to combat unfair competition on labour costs in order to ensure full compliance with the principles of equal treatment and equal pay and labour costs for equal work in the same place; |
| --- | --- |

19.

| 20. | Recalls that Parliament repeatedly asked the Commission to withdraw its proposals on a European services e-card and on a revision of the services notification procedure; welcomes the fact that this was finally done in the Commission Work Programme for 2021; |
| --- | --- |

20.

| 21. | Stresses that the digitalisation of data exchanges between Member States could facilitate the free movement of workers on a fair and equitable basis as well as the enforcement of relevant Union rules; calls on the Commission to launch, after an impact assessment, its proposal on a digital European social security number (ESSN) without any undue delay, while ensuring that ESSN will be subject to strict data protection rules, which is necessary to ensure legal certainty for workers and businesses, fair mobility and the effective protection, portability, traceability and enforcement of workers’ rights, as well as to support fair competition, ensuring a level-playing field for businesses; considers that the ESSN should complement national social security numbers and regulations and facilitate the Electronic Exchange of Social Security Information (EESSI) for the purpose of improving coordination and information exchange between competent national authorities; points out that the EESSI should allow a quick and accurate verification of social security insurance status, providing individuals and authorities with a monitoring mechanism to easily verify coverage and contributions; |
| --- | --- |

21.

| 22. | Stresses the need for further alignment and coordination of labour mobility regulations and monitoring procedures, including common control standards, joint inspections and information exchange under the guidance of the ELA and in collaboration with national competent authorities; urges the Member States to step up the exchange of best practices between competent national authorities; calls for the ELA to have real labour inspection power in cross-border cases, in cooperation with competent national authorities; calls on the ELA to improve data collection and to set up real-time databases on labour mobility for the purpose of analysis and risk assessments, as well as to prepare information campaigns and targeted inspections; recalls that the ILO recommends establishing a benchmark of one labour inspector for every 10 000 workers; |
| --- | --- |

22.

| 23. | Highlights that Union funding and grants should contribute to decent work in order to promote sustainable development and social progress; |
| --- | --- |

23.

| 24. | Recalls the importance of social dialogue, and in this regard encourages the stronger involvement of the social partners in Union agencies, public authorities, committees and institutions in order to ensure practice-oriented initiatives and legislation that take into account the various different European labour market models; stresses the need to enhance EU-level tripartite dialogue in the design and implementation of regulations on the provision of services and the mobility of workers, as well as in the mutual recognition of professions, diplomas, qualifications and skills, in line with the principles enshrined in the European Pillar of Social Rights; calls on the Commission, the Member States and local authorities to work together with the social partners to design and implement necessary support structures for upskilling and reskilling of workers, implementing relevant public policies and providing quality jobs; |
| --- | --- |

24.

| 25. | Highlights the need to place the protection of workers and social partners’ involvement at the core of Union law in this field so that democratic functioning, economic growth and high social and environmental standards are ensured; |
| --- | --- |

25.

| 26. | Calls on the Commission to present a new Strategic Framework on Health and Safety at Work post-2020 as soon as possible, and to commit to eliminating work-related deaths by 2030; urges the Commission to present proposals for a directive on work-related stress and musculoskeletal disorders, for a directive on mental well-being at the workplace, and an EU mental health strategy in order to protect all workers in the workplace; calls on the Commission, furthermore, to present a more ambitious revision of the Carcinogens and Mutagens Directive, and to include limit values for a minimum of 50 substances in the Directive on exposure to carcinogens and mutagens at work; calls for the inclusion of substances with damaging effects on the reproductive system in the Directive; |
| --- | --- |

26.

| 27. | Calls on the Commission and the Member States to address the need for safe and healthy working conditions for workers and the self-employed, including a special focus on the free movement of workers, and to guarantee them decent working and living conditions, especially in the context of the upcoming revision of the Union’s Strategic Framework on Health and Safety at Work; urges Member States to address the problem of undeclared work, including undeclared seasonal work, through enhanced cooperation with the European Platform tackling undeclared work, including by fostering better awareness among workers and employers about their rights and obligations; calls on Member States to impose measures uniformly and without discrimination; |
| --- | --- |

27.

| 28. | Urges the Commission and the ELA to investigate the numerous cases of denied access to the labour market, as well as abuses and discrimination related to working conditions, based on nationality, which have become highly visible during the COVID-19 crisis; calls on the ELA to ensure accessible, transparent and non-discriminatory procedures for national social partners to submit cases to the ELA, and assurances for their effective follow-up in line with Regulation (EU) 2019/1149; |
| --- | --- |

28.

| 29. | Calls on the Member States to apply all Commission recommendations on the adoption, coordination and lifting of measures related to the COVID-19 pandemic; calls on the Member States, furthermore, to establish a common healthcare protocol for mobile workers, including cross-border and frontier workers, taking into account the guidelines by the European Centre for Disease Prevention (ECDC); stresses that the guiding principles for any measure taken for the crisis and the road to recovery should be the health and safety of all workers, respect for fundamental rights, including equal treatment between local and mobile workers, while at the same time recognising the particularly vulnerable situation of frontier, posted, seasonal, cross-border and other mobile workers during the COVID-19 pandemic and its aftermath; recalls the constitutional right of Member States to go beyond the minimum levels established by European Union directives as part of their national democratic legislative processes in order to reach policy objectives such as ensuring quality public services and a high level of protection of workers, consumers and the environment; |
| --- | --- |

29.

| 30. | Emphasises that the freedom of movement has been severely affected by the full or partial closure of borders by Member States during the COVID-19 pandemic; regrets that the rushed, uncoordinated and sudden closure of borders and introduction of accompanying measures left people in transit stranded, and has severely affected those living in border regions by limiting their ability to cross a border for work, to provide and receive services or to visit friends or family members; stresses the detrimental effect that the closing of internal and external borders has had on the international business, scientific and tourism sectors; stresses that instead of introducing border controls, Member States should strive to take the measures necessary to allow people to cross borders while ensuring maximum safety and protecting health; |
| --- | --- |

30.

| 31. | Acknowledges the crucial role of carers, especially during the pandemic; calls on the Commission to ensure their mobility in order to meet the needs of different Member States and regions, in view of demographic challenges and any future pandemic or health challenges; calls on the Commission, in close cooperation with the Member States and local authorities, to introduce under the ordinary legislative procedure a common, Union-wide science-based protocol for the freedom of movement during health crises and other crisis situations, and to closely consider the role of the ELA in this regard; calls on the Member States which have not yet ratified and implemented ILO Convention No. 189 on domestic workers to ratify and implement it without delay; calls on the Member States to establish legal frameworks facilitating the lawful employment of domestic workers and carers; |
| --- | --- |

31.

| 32. | Underlines the need for further use of harmonisation and mutual recognition tools for the recognition of professional diplomas, skills and qualifications throughout the Union, avoiding red tape and facilitating trade and transport, respecting the fundamental principle of equal treatment and without lowering Member States’ educational standards and validation mechanisms; calls therefore on the Commission and the Member States to promote and improve current mutual recognition mechanisms and job mobility portals, facilitating and promoting transparent mobility, such as the EURES job mobility portal, the Europass online platform and the European skills, competences, qualifications and occupations classification system (ESCO); calls in particular on the Member States to establish cross-border partnerships to help mobile workers in cross-border regions; calls on the Member States to facilitate the free movement of people with disabilities within the Union, and urges the Member States to ensure the adoption of a common European definition of disability status in line with the UN Convention on the Rights of Persons with Disabilities, and the mutual recognition of disability status among Member States; |
| --- | --- |

32.

| 33. | Considers that national provisions, practices and regulations on access to and the exercise of specific professions, and the access to and the provision of services for the protection of the public interest and the protection of workers and/or consumers, are not an obstacle to the deepening of the single market; |
| --- | --- |

33.

| 34. | Calls on the Member States to ensure that mobile workers have access to training and retraining in order to address the shortage of labour in certain sectors and to support digital transitions and measures towards a climate-neutral economy; |
| --- | --- |

34.

| 35. | Recalls the fundamental right of Member States to go beyond the minimum levels established by European Union directives without creating undue and disproportionate obstacles; |
| --- | --- |

35.

| 36. | Notes with concern the difficulties and lack of adequate access to social protection systems for mobile workers and especially cross-border and frontier workers; stresses the importance of coordinated action at Union level, but acknowledges and welcomes the successful bilateral agreements signed between Member States to guarantee social security rights for all workers as set out in the Council Recommendation on access to social protection for workers and the self-employed; calls on the Commission and the Member States to ensure the social rights of mobile workers in the event of a health crisis and other crisis situations; |
| --- | --- |

36.

| 37. | Recalls that good working and employment conditions are a competitive advantage for companies to attract skilled workers; underlines the importance of corporate investment in formal and informal training and life-long learning in order to support the just transition towards the digital and circular economy; stresses that companies deploying artificial intelligence, robotics and related technologies have the responsibility of providing adequate re-skilling and up-skilling for all employees concerned in order for them to learn how to use digital tools and to work with cobots and other new technologies, thereby adapting to the changing needs of the labour market and staying in employment; stresses in this regard the importance of the European social partners’ framework agreement on digitalisation; recalls that the aforementioned agreement outlines the responsibility of employers to ensure the re-skilling an up-skilling of workers, in particular in view of the digitalisation of jobs; |
| --- | --- |

37.

| 38. | Stresses the need for full digitalisation of procedures regarding labour mobility and the posting of workers in order to improve the provision and exchange of information between national authorities, and to enable the effective enforcement, including via the establishment of a one-stop helpdesk for workers and future employers on applicable Union rules, based both digitally and physically within the ELA; urges the Member States to fully support the digitalisation of public services, in particular social security institutions, in order to facilitate European worker mobility procedures while guaranteeing the portability of rights and compliance with obligations linked to the freedom of movement; stresses the need to create better statistical tools to measure skills mismatches in European labour markets and to assess the needs of labour markets and the differences between them; highlights the importance of EURES, and draws attention in particular to the linking of EURES activities to labour market needs in order to meet priority sectoral and skills needs and to support jobseekers in finding new employment; |
| --- | --- |

38.

| 39. | Calls on the Commission to proceed, within a reasonable time frame, with the evaluation of the ELA’s mandate, after the Authority has become fully operational for at least two years; urges the Commission to involve stakeholders with profound knowledge of different labour market models in the work and evaluations of the ELA; |
| --- | --- |

39.

| 40. | Calls on the Commission to propose a legislative framework with a view to regulating teleworking conditions across the EU, and to ensure decent working and employment conditions; |
| --- | --- |

40.

| 41. | Calls on the Commission, the Member States and local authorities to work together with the social partners and the ELA to formulate specific sectoral strategies to not only promote and facilitate the voluntary mobility of workers, but also to design and implement necessary support structures for upskilling and reskilling of workers, implementing the relevant public policies and providing high-quality job opportunities that match workers’ skills; emphasises the added value of the mutual recognition of the compatibility of skills and qualifications, supported by current recognition mechanisms such as the EURES job mobility portal, the Europass online platform and the ESCO classification system; |
| --- | --- |

41.

| 42. | Is concerned that access to information for employees and employers on mobility of labour and services still remains a challenge; notes that information on employment conditions and collective agreements which is made available on single official national websites is very often limited in nature and is accessible only in a few languages; calls on the Commission, therefore, to improve access to information by creating a single template for official national websites; |
| --- | --- |

42.

| 43. | Urges the Member States to ensure adequate social security coordination, including through the ongoing revision of Regulation (EC) No 883/2004, and by strengthening the portability of rights, paying particular attention to the portability of social security benefits for persons with disabilities; stresses that digitalisation provides an unprecedented opportunity to facilitate MSME cross border operability while ensuring strict compliance with fair mobility rules; stresses the importance of prior notification and the application of A1 certificates before the start of the worker’s cross-border assignment; |
| --- | --- |

43.

| 44. | Stresses that the enforcement of Union rules on labour mobility must ensure the principle of equal treatment, the principle of non-discrimination and the protection of workers, and reduce unnecessary administrative burden; |
| --- | --- |

44.

| 45. | Calls on the Commission to examine protection gaps and consider the need for a revision of Directive 2008/104/EC on temporary agency work in order to ensure decent working and employment conditions for temporary agency workers; |
| --- | --- |

45.

| 46. | Stresses that workers with disabilities continue to face multiple obstacles that make it difficult or impossible for them to fully benefit from the free movement of services; calls on the Member States to implement without delay Directive (EU) 2019/882 (the European Accessibility Act) in order to effectively remove barriers for workers with disabilities, and to ensure the availability of accessible services, as well as the suitability of the conditions under which services are provided; highlights the paramount importance of achieving a fully accessible single market that ensures the equal treatment and economic and social integration of workers with disabilities; |
| --- | --- |

46.

| 47. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

47.

---

(1)  OJ L 183, 29.6.1989, p. 1.

(2)  OJ L 186, 11.7.2019, p. 21.

(3)  OJ L 141, 27.5.2011, p. 1.

(4)  OJ L 107, 22.4.2016, p. 1.

(5)  OJ L 166, 30.4.2004, p. 1.

(6)  OJ L 284, 30.10.2009, p. 1.

(7)  OJ L 300, 14.11.2009, p. 51.

(8)  OJ L 300, 14.11.2009, p. 72.

(9)  OJ L 293, 31.10.2008, p. 3.

(10)  OJ L 102, 11.4.2006, p. 1.

(11)  OJ L 364, 12.12.1992, p. 7.

(12)  OJ L 128, 30.4.2014, p. 8.

(13)  OJ L 255, 30.9.2005, p. 22.

(14)  OJ L 80, 23.3.2002, p. 35.

(15)  OJ L 167, 2.7.1999, p. 33.

(16)  OJ L 124, 20.5.2009, p. 30.

(17)  OJ L 18, 21.1.1997, p. 1.

(18)  OJ L 173, 9.7.2018, p. 16.

(19)  OJ L 159, 28.5.2014, p. 11.

(20)  OJ L 249, 31.7.2020, p. 49.

(21)  OJ L 185, 11.7.2019, p. 44.

(22)  OJ L 65, 11.3.2016, p. 12.

(23)  OJ C 189, 15.6.2017, p. 15.

(24)  Texts adopted, P9_TA(2020)0176.

(25)  OJ C 337, 20.9.2018, p. 135.

(26)  OJ C 482, 23.12.2016, p. 31.

(27)  http://www.eurofound.europa.eu/publications/report/2010/working-conditions-industrial-relations/posted-workers-in-the-european-union

(28)  European Commission, Directorate-General for Employment, Social Affairs and Inclusion, 2017 Annual Report on intra-EU Labour Mobility, Final Report January 2018, 2018. European Commission, Study on the movement of skilled labour, Final report (written by ICF), 2018; Malmström, Cecilia, Foreword to Rethinking the attractiveness of EU Labour Immigration Policies: Comparative perspectives on the EU, the US, Canada and beyond, edited by S. Carrera, E. Guild and K. Eisele, CEPS, 2018.

(29)  OECD Skills for Jobs Database, https://www.oecdskillsforjobsdatabase.org/#FR/_.

(30)  Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).

(31)  European Commission, 2019 Annual Report on Intra-EU Labour Mobility, January 2020.

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| 12.1.2022 | EN | Official Journal of the European Union | C 15/151 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/151

---

P9_TA(2021)0250

Accelerating progress and tackling inequalities towards ending AIDS as a public health threat by 2030

European Parliament resolution of 20 May 2021 on accelerating progress and tackling inequalities towards ending AIDS as a public health threat by 2030 (2021/2604(RSP))

(2022/C 15/13)

The European Parliament,

| — | having regard to the United Nations General Assembly High-Level Meeting on HIV/AIDS, scheduled to take place in New York from 8 to 10 June 2021, |
| --- | --- |

—

having regard to the United Nations General Assembly High-Level Meeting on HIV/AIDS, scheduled to take place in New York from 8 to 10 June 2021,

| — | having regard to the Political Declaration on HIV and AIDS: On the Fast Track to Accelerating the Fight Against HIV and to Ending the AIDS Epidemic by 2030, adopted by the UN General Assembly on 8 June 2016, |
| --- | --- |

—

having regard to the Political Declaration on HIV and AIDS: On the Fast Track to Accelerating the Fight Against HIV and to Ending the AIDS Epidemic by 2030, adopted by the UN General Assembly on 8 June 2016,

| — | having regard to the Political Declaration of the high-level meeting on universal health coverage, adopted by the UN General Assembly on 18 October 2019, |
| --- | --- |

—

having regard to the Political Declaration of the high-level meeting on universal health coverage, adopted by the UN General Assembly on 18 October 2019,

| — | having regard to the 2020 Global AIDS Update of UNAIDS entitled ‘Seizing the Moment — Tackling entrenched inequalities to end epidemics’, |
| --- | --- |

—

having regard to the 2020 Global AIDS Update of UNAIDS entitled ‘Seizing the Moment — Tackling entrenched inequalities to end epidemics’,

| — | having regard to the 2019 Annual Report of the United Nations High Commissioner for Human Rights in the response to HIV, |
| --- | --- |

—

having regard to the 2019 Annual Report of the United Nations High Commissioner for Human Rights in the response to HIV,

| — | having regard to the Abuja Declaration of 27 April 2001 on HIV/AIDS, Tuberculosis and Other Related Infectious Diseases, to the Common African Position presented at the 2016 High-Level Meeting and to the 2016 Catalytic Framework to End AIDS, TB and Eliminate Malaria in Africa by 2030, |
| --- | --- |

—

having regard to the Abuja Declaration of 27 April 2001 on HIV/AIDS, Tuberculosis and Other Related Infectious Diseases, to the Common African Position presented at the 2016 High-Level Meeting and to the 2016 Catalytic Framework to End AIDS, TB and Eliminate Malaria in Africa by 2030,

| — | having regard to the 2030 Agenda for Sustainable Development and its Sustainable Development Goals (SDGs), adopted in New York in September 2015, |
| --- | --- |

—

having regard to the 2030 Agenda for Sustainable Development and its Sustainable Development Goals (SDGs), adopted in New York in September 2015,

| — | having regard to the Beijing Platform for Action and the Programme of Action of the International Conference on Population and Development, and the outcomes of their review conferences, |
| --- | --- |

—

having regard to the Beijing Platform for Action and the Programme of Action of the International Conference on Population and Development, and the outcomes of their review conferences,

| — | having regard to the Council conclusions of 26 May 2015 on gender in development, |
| --- | --- |

—

having regard to the Council conclusions of 26 May 2015 on gender in development,

| — | having regard to the EU Gender Action Plan III for 2021-2025, |
| --- | --- |

—

having regard to the EU Gender Action Plan III for 2021-2025,

| — | having regard to the EU Action Plan on Human Rights and Democracy for 2020-2024, |
| --- | --- |

—

having regard to the EU Action Plan on Human Rights and Democracy for 2020-2024,

| — | having regard to the European Consensus on Development: ‘our World, our Dignity, our Future’, |
| --- | --- |

—

having regard to the European Consensus on Development: ‘our World, our Dignity, our Future’,

| — | having regard to its resolutions of 8 July 2010 on a rights-based approach to the EU’s response to HIV/AIDS (1) and of 5 July 2017 on the EU’s response to HIV/AIDS, Tuberculosis and Hepatitis C (2), |
| --- | --- |

—

having regard to its resolutions of 8 July 2010 on a rights-based approach to the EU’s response to HIV/AIDS (1) and of 5 July 2017 on the EU’s response to HIV/AIDS, Tuberculosis and Hepatitis C (2),

| — | having regard to the question to the Commission on accelerating progress and tackling inequalities towards ending AIDS as a public health threat by 2030 (O-000027/2021 — B9-0015/2021), |
| --- | --- |

—

having regard to the question to the Commission on accelerating progress and tackling inequalities towards ending AIDS as a public health threat by 2030 (O-000027/2021 — B9-0015/2021),

| — | having regard to Rules 136(5) and 132(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 136(5) and 132(2) of its Rules of Procedure,

| — | having regard to the motion for a resolution of the Committee on Development, |
| --- | --- |

—

having regard to the motion for a resolution of the Committee on Development,

| A. | whereas nearly 76 million people have become infected and nearly 33 million people have died of AIDS-related causes since the beginning of the epidemic in 1981; whereas the HIV epidemic remains a global crisis and a total of 38 million people live with HIV; whereas 1,7 million people acquired HIV in 2019; |
| --- | --- |

A.

whereas nearly 76 million people have become infected and nearly 33 million people have died of AIDS-related causes since the beginning of the epidemic in 1981; whereas the HIV epidemic remains a global crisis and a total of 38 million people live with HIV; whereas 1,7 million people acquired HIV in 2019;

| B. | whereas in 2019, 12 million people living with HIV did not access life-saving antiretroviral treatment and nearly 700 000 people died of AIDS-related causes globally; |
| --- | --- |

B.

whereas in 2019, 12 million people living with HIV did not access life-saving antiretroviral treatment and nearly 700 000 people died of AIDS-related causes globally;

| C. | whereas universal access to antiretroviral HIV treatment and care significantly reduces the risk of further transmission and has given people living with HIV an almost normal life expectancy and comparable quality of life; |
| --- | --- |

C.

whereas universal access to antiretroviral HIV treatment and care significantly reduces the risk of further transmission and has given people living with HIV an almost normal life expectancy and comparable quality of life;

| D. | whereas inequalities that drive the HIV epidemic, including violation of human rights and sexual and reproductive health and rights, in the context of the Beijing Platform for Action and the Programme of Action of the International Conference on Population and Development and the outcomes of their review conferences, as well as stigma and discrimination, have been deteriorating and have been further exacerbated by COVID-19; |
| --- | --- |

D.

whereas inequalities that drive the HIV epidemic, including violation of human rights and sexual and reproductive health and rights, in the context of the Beijing Platform for Action and the Programme of Action of the International Conference on Population and Development and the outcomes of their review conferences, as well as stigma and discrimination, have been deteriorating and have been further exacerbated by COVID-19;

| E. | whereas men who have sex with men, transgender people, people who inject drugs, sex workers and their clients, and prisoners (key populations) are at higher risk of exposure to HIV than other groups; whereas their engagement is critical in the HIV response; |
| --- | --- |

E.

whereas men who have sex with men, transgender people, people who inject drugs, sex workers and their clients, and prisoners (key populations) are at higher risk of exposure to HIV than other groups; whereas their engagement is critical in the HIV response;

| F. | whereas 159 countries have at least one discriminatory or punitive law hampering the HIV response; whereas criminalisation of people living with and at risk of HIV fuels stigma and discrimination, reducing prevention and treatment service uptake and increasing HIV incidence; |
| --- | --- |

F.

whereas 159 countries have at least one discriminatory or punitive law hampering the HIV response; whereas criminalisation of people living with and at risk of HIV fuels stigma and discrimination, reducing prevention and treatment service uptake and increasing HIV incidence;

| G. | whereas gender inequality, unequal access to education and sexual and reproductive health services and information, and sexual and gender-based violence increase the vulnerability of women and girls to HIV, with AIDS-related illnesses being among the leading causes of death among women of reproductive age globally; |
| --- | --- |

G.

whereas gender inequality, unequal access to education and sexual and reproductive health services and information, and sexual and gender-based violence increase the vulnerability of women and girls to HIV, with AIDS-related illnesses being among the leading causes of death among women of reproductive age globally;

| H. | whereas existing prevention methods have not done enough to stop the spread of HIV, particularly among women, who bear a disproportionate burden of the epidemic, particularly in sub-Saharan Africa; whereas there is a need for investment in research and innovation for new and improved tools to prevent, diagnose, and treat HIV and AIDS, including gender-sensitive tools, and new treatment options to address the emergence of HIV drug resistance; |
| --- | --- |

H.

whereas existing prevention methods have not done enough to stop the spread of HIV, particularly among women, who bear a disproportionate burden of the epidemic, particularly in sub-Saharan Africa; whereas there is a need for investment in research and innovation for new and improved tools to prevent, diagnose, and treat HIV and AIDS, including gender-sensitive tools, and new treatment options to address the emergence of HIV drug resistance;

| I. | whereas young people between the ages of 15 and 27 account for more than one third of all new infections among adults and whereas AIDS-related deaths are increasing among adolescents; whereas many young people have limited access to social protection, sexual and reproductive healthcare and programmes empowering them to protect themselves from HIV; |
| --- | --- |

I.

whereas young people between the ages of 15 and 27 account for more than one third of all new infections among adults and whereas AIDS-related deaths are increasing among adolescents; whereas many young people have limited access to social protection, sexual and reproductive healthcare and programmes empowering them to protect themselves from HIV;

| J. | whereas compulsory comprehensive sexual education in school systems is essential to prevent the spread of AIDS and other sexually transmitted infections; |
| --- | --- |

J.

whereas compulsory comprehensive sexual education in school systems is essential to prevent the spread of AIDS and other sexually transmitted infections;

| K. | whereas people in difficult humanitarian situations and informal and fragile settings, people with disabilities, indigenous populations, LGBTIQ+ people, and migrant and mobile populations are vulnerable to HIV infection and face unique challenges in accessing HIV services; |
| --- | --- |

K.

whereas people in difficult humanitarian situations and informal and fragile settings, people with disabilities, indigenous populations, LGBTIQ+ people, and migrant and mobile populations are vulnerable to HIV infection and face unique challenges in accessing HIV services;

| L. | whereas sub-Saharan Africa remains the most heavily affected region, accounting for 57 % of all new HIV infections and 84 % of HIV infections in children (aged up to 14 years), with much higher HIV prevalence in females than in males, and with 4 500 girls and young women (aged between 15 and 24) becoming infected with HIV every week, and 25,6 million people living with HIV; |
| --- | --- |

L.

whereas sub-Saharan Africa remains the most heavily affected region, accounting for 57 % of all new HIV infections and 84 % of HIV infections in children (aged up to 14 years), with much higher HIV prevalence in females than in males, and with 4 500 girls and young women (aged between 15 and 24) becoming infected with HIV every week, and 25,6 million people living with HIV;

| M. | whereas the COVID-19 pandemic poses further challenges to the AIDS response and has reversed some of the gains made to date, with several countries not achieving their 2020 targets; whereas this puts the achievement of the SDG target of ending AIDS as a public health threat by 2030 at risk; |
| --- | --- |

M.

whereas the COVID-19 pandemic poses further challenges to the AIDS response and has reversed some of the gains made to date, with several countries not achieving their 2020 targets; whereas this puts the achievement of the SDG target of ending AIDS as a public health threat by 2030 at risk;

| N. | whereas there is a need to strengthen resilient and sustainable health systems as part of universal health coverage, while preserving the gains of the AIDS response; |
| --- | --- |

N.

whereas there is a need to strengthen resilient and sustainable health systems as part of universal health coverage, while preserving the gains of the AIDS response;

| O. | whereas the achievement of the right to health needs to address inequality in access to services and advance the quality of life and well-being of people living with and at risk of HIV throughout the lifespan; |
| --- | --- |

O.

whereas the achievement of the right to health needs to address inequality in access to services and advance the quality of life and well-being of people living with and at risk of HIV throughout the lifespan;

| P. | whereas communities and community-led responses, which are pivotal in the HIV response, continue to be undermined by acute funding shortages, shrinking civil society space and lack of full engagement and integration in national responses; |
| --- | --- |

P.

whereas communities and community-led responses, which are pivotal in the HIV response, continue to be undermined by acute funding shortages, shrinking civil society space and lack of full engagement and integration in national responses;

| Q. | whereas several middle-income developing countries have difficulties importing or locally producing generic versions of antiretroviral medicines owing to patent protection; whereas multinational pharmaceutical companies are increasingly excluding middle-income developing countries from donations, decreased prices and voluntary licenses, thus hampering their ability to access affordable generic medicines; |
| --- | --- |

Q.

whereas several middle-income developing countries have difficulties importing or locally producing generic versions of antiretroviral medicines owing to patent protection; whereas multinational pharmaceutical companies are increasingly excluding middle-income developing countries from donations, decreased prices and voluntary licenses, thus hampering their ability to access affordable generic medicines;

| R. | whereas the human right to health takes precedence over rules on trade-related aspects of intellectual property rights (TRIPS); whereas the Doha Declaration on the TRIPS Agreement and Public Health affirms the right of developing countries to make full use of the flexibility provisions in the TRIPS Agreement to protect public health and, in particular, provide access to medicines for all; |
| --- | --- |

R.

whereas the human right to health takes precedence over rules on trade-related aspects of intellectual property rights (TRIPS); whereas the Doha Declaration on the TRIPS Agreement and Public Health affirms the right of developing countries to make full use of the flexibility provisions in the TRIPS Agreement to protect public health and, in particular, provide access to medicines for all;

| S. | whereas the Global Fund to Fight AIDS, Tuberculosis and Malaria, which was created following the global surge of HIV/AIDS, has played a significant role in the context of the fight against HIV/AIDS; |
| --- | --- |

S.

whereas the Global Fund to Fight AIDS, Tuberculosis and Malaria, which was created following the global surge of HIV/AIDS, has played a significant role in the context of the fight against HIV/AIDS;

| 1. | Underlines the importance of a positive outcome at the UN High Level Meeting on HIV/AIDS to be held from 8 to 10 June 2021; requests that the Council contribute to the adoption of a set of forward-looking and ambitious commitments in the political declaration; |
| --- | --- |

1.

| 2. | Reaffirms that everyone is entitled to the enjoyment of the highest attainable standard of health, as well as equality conducive to living life in dignity; |
| --- | --- |

2.

| 3. | Commends the EU’s role in the multi-sectoral global AIDS response and calls on the Commission to address AIDS as a global public health crisis and accelerate all efforts to meet the 2025 targets, including through scaling-up investments in UNAIDS and the Global Fund to Fight AIDS, Tuberculosis and Malaria; |
| --- | --- |

3.

| 4. | Insists on the essential provision of sufficient means for the Global Fund to Fight AIDS, Tuberculosis and Malaria in order to enable it to make decisive contributions to the fight against HIV/AIDS; |
| --- | --- |

4.

| 5. | Underlines that the global AIDS response requires a multi-sectoral approach and multi-level cooperation that demonstrate timeliness, scale, inclusiveness, partnership and innovation; |
| --- | --- |

5.

| 6. | Calls on the Commission to ensure that the programming of the NDICI is supportive of partner country efforts to build strong and resilient health systems, including health research and regulatory systems and community systems for health, that are able to deliver HIV-sensitive universal health coverage; |
| --- | --- |

6.

| 7. | Requests that the European External Action Service, the Commission and Member States use the implementation of the EU Human Rights Action Plan and the Gender Action Plan III to address the human rights and gender inequality drivers of HIV/AIDS by prioritising the fight against stigma and discrimination, sexual and gender based violence, criminalisation of same-sex relations and other punitive and discriminatory laws and policies in order to contribute to universal access to sexual and reproductive health and rights, access to quality education, including comprehensive sexuality education, equitable and affordable access to healthcare, access to the labour market and the participation of affected communities in all spheres of public life; |
| --- | --- |

7.

| 8. | Calls on the Commission and the Member States to work with partner countries to instate compulsory comprehensive sexual education in their national education plans in order to prevent the spread of AIDS and other sexually transmitted diseases, especially in countries with the highest infection rates; |
| --- | --- |

8.

| 9. | Recalls that health is a prerequisite for human development; requests that the Commission prioritise health as part of the EU-Africa strategy, which implies mobilising additional public funds to guarantee universal health coverage, including for sexual and reproductive health and rights, HIV, tuberculosis and malaria, as well as focusing on global health research and development, stepping up EU-Africa health research and innovation collaboration, and jointly boosting African and European production capacity for health products, equipment, and medicines; underlines that development aid should primary be dedicated to delivering horizontal universal healthcare system coverage through a holistic and rights-based approach, which entails fully addressing the multidimensional nature of health (with close links to gender, food security and nutrition, water and sanitation, education and poverty), along the line of a ‘One Health’ approach; calls in particular for the promotion of investments in integrated HIV rights and sexual and reproductive health and rights, with a focus on women and girls, sex workers, transgender people, people who inject drugs, people in prison and other vulnerable groups; |
| --- | --- |

9.

| 10. | Calls on the Commission to address the deplorably low treatment coverage for children living with HIV as well to ensure access to HIV services for pregnant women and breastfeeding mothers, in order to avoid mother-to-child transmission of HIV; |
| --- | --- |

10.

| 11. | Calls on the Member States and the Commission to ensure the level of spending and resource mobilisation needed to achieve the 2025 targets in all EU Member States; |
| --- | --- |

11.

| 12. | Calls on the Commission to work with Member States and partners to prioritise an integrated approach to global health security that incorporates the fight against both existing pandemics such as HIV and emerging ones, as part of the universal health coverage agenda; |
| --- | --- |

12.

| 13. | Calls on the Commission and the Member States to play a strong political role in dialogue with the EU’s partner developing countries, including neighbourhood countries, ensuring that plans for sustainable transitions to domestic funding are in place so that HIV programmes remain effective and sustained, and can be scaled up after the withdrawal of international donors’ support; calls on the Commission and the Council to continue to work closely with those countries to ensure that they take responsibility for and ownership of their HIV response; |
| --- | --- |

13.

| 14. | Calls for the EU to set up a clear and coherent EU global COVID-19 vaccination strategy, focusing on ensuring equal, affordable and timely access to vaccination for people in developing countries, in particular those belonging to vulnerable and high-risk groups, including people infected with HIV/AIDS; calls on the EU, therefore, to support the Indian and South African World Trade Organization initiative for a temporary waiver on intellectual property rights for COVID-19 vaccines, equipment and treatments, and urges pharmaceutical companies to share their knowledge and data through the World Health Organization COVID-19 Technology Access Pool (C-TAP); |
| --- | --- |

14.

| 15. | Calls on the Commission and Member States to ensure that the global response to COVID-19 includes lessons learned from the fight against HIV, such as: protecting human rights and addressing stigma and discrimination, particularly among key and other vulnerable populations; fighting gender barriers to health; supporting healthcare practitioners and researchers, especially in low-resource settings; engaging communities in the response; and fairly allocating limited resources and new tools so that no one is left behind; |
| --- | --- |

15.

| 16. | Urges the EU to set up a comprehensive global strategy and road map for the achievement of the SDGs, including those relating health and targets on HIV/AIDS reduction; notes that this strategy should take particular account of the impact of COVID-19, as achieving the SDGs is critical to ensuring our preparedness for future pandemics and other shocks, including to health systems; calls for an effective long-term EU global health strategy; insists that the Commission needs to redouble its efforts and intensify its work towards effective global health programmes targeting healthcare systems in developing countries; |
| --- | --- |

16.

| 17. | Calls on the Commission to work with Member States and partners to support services responsive to the needs of key populations and other priority populations facing unique challenges in accessing HIV services, including by providing youth-friendly sexual and reproductive health services for young people; |
| --- | --- |

17.

| 18. | Calls on the Commission to work with Member States and partners to facilitate and advocate increased commitment for the provision of HIV treatment in all conflict zones and the elimination of HIV-related discrimination against refugees, especially with regard to equal access to antiretroviral treatment and health services in host countries; |
| --- | --- |

18.

| 19. | Calls on the Commission to work with Member States and partners to increase social protection support, including for food security and nutrition for vulnerable populations, particularly people with disabilities, aging people living with HIV, and AIDS-related orphans; |
| --- | --- |

19.

| 20. | Calls on the Commission to work with Member States and partners to support and invest in community engagement and community-led responses as key components in an effective HIV/AIDS response and in the fight against HIV/AIDS-related stigma and discrimination, as well as to integrate HIV prevention and care with other local healthcare service offers as an entry point for HIV information, education, communication and training; |
| --- | --- |

20.

| 21. | Calls on the Commission and the Member States to promote investments in real-time data collection and a robust pipeline of affordable and accessible, gender-sensitive diagnostic, therapeutic and vaccine candidates for HIV and other poverty-related and neglected infectious diseases, and to strengthen regional and interregional capacities and cooperation in science, research and innovation; urges the EU to offer particular support to developing countries, especially least developed countries, in the effective implementation of flexibilities provided for in the TRIPS Agreement for the protection of public health, notably on compulsory licencing and parallel import, and to optimise the use of voluntary licensing and technology sharing mechanisms to meet public health objectives by insisting that multinational pharmaceutical companies include middle-income developing countries in such mechanisms and offer affordable HIV treatment in those countries; encourages, more broadly, the decoupling of research and development spending from the price of medicines, for example through the use of patent pools, open source research, grants and subsidies, with the aim of ensuring sustained accessibility, affordability, availability and access to treatment for all those in need; |
| --- | --- |

21.

| 22. | Calls on the Commission to oppose the inclusion of TRIPS-plus measures in free trade agreements with middle-income developing countries in order to ensure that all HIV antiretroviral treatments are affordable, with full respect for the Doha Declaration on TRIPS and Public Health; |
| --- | --- |

22.

| 23. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the President of the United Nations General Assembly and UNAIDS. |
| --- | --- |

23.

---

(1)  OJ C 351 E, 2.12.2011, p. 95.

(2)  OJ C 334, 19.9.2018, p. 106.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/156 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/156

---

P9_TA(2021)0251

Prisoners of war in the aftermath of the most recent conflict between Armenia and Azerbaijan

European Parliament resolution of 20 May 2021 on prisoners of war in the aftermath of the most recent conflict between Armenia and Azerbaijan (2021/2693(RSP))

(2022/C 15/14)

The European Parliament,

| — | having regard to its previous resolutions on Armenia and Azerbaijan, |
| --- | --- |

—

having regard to its previous resolutions on Armenia and Azerbaijan,

| — | having regard to the EU-Armenia Partnership Council meeting of 17 December 2020 and the EU-Azerbaijan Cooperation Council meeting of 18 December 2020 and their respective conclusions, |
| --- | --- |

—

having regard to the EU-Armenia Partnership Council meeting of 17 December 2020 and the EU-Azerbaijan Cooperation Council meeting of 18 December 2020 and their respective conclusions,

| — | having regard to the Charter of the United Nations (UN), the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the European Convention on Human Rights and the Geneva Convention (III) relative to the Treatment of Prisoners of War, |
| --- | --- |

—

having regard to the Charter of the United Nations (UN), the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the European Convention on Human Rights and the Geneva Convention (III) relative to the Treatment of Prisoners of War,

| — | having regard to the tripartite ceasefire statement by Armenia, Azerbaijan and Russia of 9 November 2020, which came to effect on 10 November 2020, |
| --- | --- |

—

having regard to the tripartite ceasefire statement by Armenia, Azerbaijan and Russia of 9 November 2020, which came to effect on 10 November 2020,

| — | having regard to the Human Rights Watch report of 19 March 2021 entitled ‘Azerbaijan: Armenian POWs Abused in Custody’, |
| --- | --- |

—

having regard to the Human Rights Watch report of 19 March 2021 entitled ‘Azerbaijan: Armenian POWs Abused in Custody’,

| — | having regard to the EU statement of 28 April 2021 on captives from the recent conflict between Armenia and Azerbaijan, |
| --- | --- |

—

having regard to the EU statement of 28 April 2021 on captives from the recent conflict between Armenia and Azerbaijan,

| — | having regard to the Statements by the Co-Chairs of the OSCE Minsk Group of 25 October 2020, 30 October 2020, 14 December 2020, 13 April 2021 and 5 May 2021, |
| --- | --- |

—

having regard to the Statements by the Co-Chairs of the OSCE Minsk Group of 25 October 2020, 30 October 2020, 14 December 2020, 13 April 2021 and 5 May 2021,

| — | having regard to the European Court of Human Right’s notification to the Council of Europe’s Committee of Ministers of 9 March 2021, under Rule 39 of the Rules of the Court, of interim measures in relation to the recent armed conflict between Armenia and Azerbaijan, |
| --- | --- |

—

having regard to the European Court of Human Right’s notification to the Council of Europe’s Committee of Ministers of 9 March 2021, under Rule 39 of the Rules of the Court, of interim measures in relation to the recent armed conflict between Armenia and Azerbaijan,

| — | having regard to Rules 144(5) and 132(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 144(5) and 132(4) of its Rules of Procedure,

| A. | whereas since the first war over Nagorno-Karabakh between 1988 and 1994, the international community has been trying to broker a lasting and comprehensive peace settlement for the Nagorno-Karabakh conflict, led by the OSCE Minsk Group Co-Chairs; |
| --- | --- |

A.

whereas since the first war over Nagorno-Karabakh between 1988 and 1994, the international community has been trying to broker a lasting and comprehensive peace settlement for the Nagorno-Karabakh conflict, led by the OSCE Minsk Group Co-Chairs;

| B. | whereas the most recent armed conflict between Armenia and Azerbaijan from 27 September to 10 November 2020 took the lives of more than 5 000 soldiers, injured and killed hundreds and displaced thousands of civilians; whereas it continues to afflict the population owing to a lack of information about the whereabouts of relatives, the return of only some prisoners of war and other captive persons, problems with the return of human remains, impediments to access to humanitarian assistance and the destruction of basic infrastructure; |
| --- | --- |

B.

whereas the most recent armed conflict between Armenia and Azerbaijan from 27 September to 10 November 2020 took the lives of more than 5 000 soldiers, injured and killed hundreds and displaced thousands of civilians; whereas it continues to afflict the population owing to a lack of information about the whereabouts of relatives, the return of only some prisoners of war and other captive persons, problems with the return of human remains, impediments to access to humanitarian assistance and the destruction of basic infrastructure;

| C. | whereas the people affected over the course of this long-standing conflict have already experienced excessive suffering; whereas overall, the conflict has led to extensive and unacceptable civilian casualties; |
| --- | --- |

C.

whereas the people affected over the course of this long-standing conflict have already experienced excessive suffering; whereas overall, the conflict has led to extensive and unacceptable civilian casualties;

| D. | whereas hostilities ended after 44 days following an agreement on a complete ceasefire in and around Nagorno-Karabakh between Armenia, Azerbaijan and Russia, which was signed on 9 November 2020 and entered into force on 10 November 2020; |
| --- | --- |

D.

whereas hostilities ended after 44 days following an agreement on a complete ceasefire in and around Nagorno-Karabakh between Armenia, Azerbaijan and Russia, which was signed on 9 November 2020 and entered into force on 10 November 2020;

| E. | whereas point 8 of the tripartite ceasefire statement stipulates that prisoners of war, hostages and other detainees, as well as the remains of those killed, must be exchanged; whereas these exchanges should be conducted according to the ‘all for all’ principle; |
| --- | --- |

E.

whereas point 8 of the tripartite ceasefire statement stipulates that prisoners of war, hostages and other detainees, as well as the remains of those killed, must be exchanged; whereas these exchanges should be conducted according to the ‘all for all’ principle;

| F. | whereas both Armenia and Azerbaijan are parties to the Geneva Convention (III) relative to the Treatment of Prisoners of War, which in Article 118 stipulates that prisoners of war must be released and repatriated without delay after the cessation of active hostilities; whereas Article 13 of the Geneva Convention (III) stipulates that prisoners of war must at all times be humanely treated, any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the Convention; whereas the Convention also protects prisoners of war (POWs) against acts of violence or intimidation, insults and public curiosity; |
| --- | --- |

F.

whereas both Armenia and Azerbaijan are parties to the Geneva Convention (III) relative to the Treatment of Prisoners of War, which in Article 118 stipulates that prisoners of war must be released and repatriated without delay after the cessation of active hostilities; whereas Article 13 of the Geneva Convention (III) stipulates that prisoners of war must at all times be humanely treated, any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the Convention; whereas the Convention also protects prisoners of war (POWs) against acts of violence or intimidation, insults and public curiosity;

| G. | whereas military personnel and civilians detained before and after the ceasefire enjoy different statuses under international law; whereas, on the one hand, military personnel taken into captivity before and after the ceasefire should be recognised as POWs and benefit from protection under the Geneva Conventions; whereas, on the other hand, civilians detained during the conflict must be recognised as protected persons and are also protected under the Geneva Conventions; whereas civilians detained after the ceasefire are instead protected under international human rights law; |
| --- | --- |

G.

whereas military personnel and civilians detained before and after the ceasefire enjoy different statuses under international law; whereas, on the one hand, military personnel taken into captivity before and after the ceasefire should be recognised as POWs and benefit from protection under the Geneva Conventions; whereas, on the other hand, civilians detained during the conflict must be recognised as protected persons and are also protected under the Geneva Conventions; whereas civilians detained after the ceasefire are instead protected under international human rights law;

| H. | whereas since the hostilities were suspended, several exchanges of prisoners, both military and civilian, have been conducted, with the most recent taking place on 4 May 2021; |
| --- | --- |

H.

whereas since the hostilities were suspended, several exchanges of prisoners, both military and civilian, have been conducted, with the most recent taking place on 4 May 2021;

| I. | whereas according to worrying reports, approximately 200 Armenians are being held in Azerbaijani captivity; whereas the European Court of Human Rights (ECtHR) stated that it has received complaints regarding 249 Armenians captured by Azerbaijan; whereas the ECtHR has applied interim measures with regard to the 229 Armenians, and 183 still remain in force; whereas the ECtHR concluded on 9 March 2021 that Azerbaijan had failed to comply with the measures, judging the information provided as too general and limited; whereas the Azerbaijani authorities acknowledged that 72 Armenians are in their captivity; whereas with regard to a further 112 individuals, no information has been submitted by Azerbaijan to the ECtHR; whereas the fate of the other Armenian POWs is unknown; whereas since the cessation of hostilities, 73 Armenian POWs and civilians have been repatriated to Armenia; |
| --- | --- |

I.

whereas according to worrying reports, approximately 200 Armenians are being held in Azerbaijani captivity; whereas the European Court of Human Rights (ECtHR) stated that it has received complaints regarding 249 Armenians captured by Azerbaijan; whereas the ECtHR has applied interim measures with regard to the 229 Armenians, and 183 still remain in force; whereas the ECtHR concluded on 9 March 2021 that Azerbaijan had failed to comply with the measures, judging the information provided as too general and limited; whereas the Azerbaijani authorities acknowledged that 72 Armenians are in their captivity; whereas with regard to a further 112 individuals, no information has been submitted by Azerbaijan to the ECtHR; whereas the fate of the other Armenian POWs is unknown; whereas since the cessation of hostilities, 73 Armenian POWs and civilians have been repatriated to Armenia;

| J. | whereas the ECtHR has also received complaints in relation to 16 Azerbaijanis allegedly captured by Armenia, 12 of whom were repatriated in December 2020; whereas the ECtHR suspended its examination under Rule 39 in relation to the other four individuals, given the nature of the information received from the Government of Armenia; |
| --- | --- |

J.

whereas the ECtHR has also received complaints in relation to 16 Azerbaijanis allegedly captured by Armenia, 12 of whom were repatriated in December 2020; whereas the ECtHR suspended its examination under Rule 39 in relation to the other four individuals, given the nature of the information received from the Government of Armenia;

| K. | whereas credible reports have been made that Armenian service personnel and civilians have also been taken prisoner since the cessation of hostilities on 10 November 2020; whereas the Azerbaijani authorities claim that these hostages and prisoners are terrorists and do not deserve POW status under the Geneva Convention; |
| --- | --- |

K.

whereas credible reports have been made that Armenian service personnel and civilians have also been taken prisoner since the cessation of hostilities on 10 November 2020; whereas the Azerbaijani authorities claim that these hostages and prisoners are terrorists and do not deserve POW status under the Geneva Convention;

| L. | whereas Human Rights Watch reported on 19 March 2021 that Azerbaijani security and armed forces had abused Armenian POWs, subjecting them to cruel and degrading treatment and torture either when they were captured, during their transfer, or while in custody at various detention facilities; whereas Azerbaijani forces have used violence to detain civilians and have subjected them to torture and inhuman and degrading conditions of detention, leading to the death of at least two detainees in Azerbaijani captivity; whereas Azerbaijani forces detained these civilians even though there was no evidence that they posed any security threat that could justify their detention under international humanitarian law; whereas Azerbaijan denies accusations that Armenian POWs have been subjected to treatment violating the Geneva Conventions; |
| --- | --- |

L.

whereas Human Rights Watch reported on 19 March 2021 that Azerbaijani security and armed forces had abused Armenian POWs, subjecting them to cruel and degrading treatment and torture either when they were captured, during their transfer, or while in custody at various detention facilities; whereas Azerbaijani forces have used violence to detain civilians and have subjected them to torture and inhuman and degrading conditions of detention, leading to the death of at least two detainees in Azerbaijani captivity; whereas Azerbaijani forces detained these civilians even though there was no evidence that they posed any security threat that could justify their detention under international humanitarian law; whereas Azerbaijan denies accusations that Armenian POWs have been subjected to treatment violating the Geneva Conventions;

| M. | whereas videos circulated on the Internet and social media reportedly show evidence of abuse and ill treatment of captives by members of the armed forces of both sides; whereas there is no indication that the Azerbaijani or Armenian authorities have conducted prompt, public and effective investigations into these incidents, or that the investigations, if any have taken place, have resulted in criminal prosecutions; whereas there are allegations that POWs and other protected persons have been subjected to extrajudicial killings, enforced disappearances and desecration of the dead; |
| --- | --- |

M.

whereas videos circulated on the Internet and social media reportedly show evidence of abuse and ill treatment of captives by members of the armed forces of both sides; whereas there is no indication that the Azerbaijani or Armenian authorities have conducted prompt, public and effective investigations into these incidents, or that the investigations, if any have taken place, have resulted in criminal prosecutions; whereas there are allegations that POWs and other protected persons have been subjected to extrajudicial killings, enforced disappearances and desecration of the dead;

| N. | whereas on 17 May 2021 the Commission announced the allocation of an additional EUR 10 million in humanitarian aid to help civilians affected by the recent conflict in and around Nagorno-Karabakh, bringing the EU’s assistance to people in need, since the start of the hostilities in September 2020, to over EUR 17 million; |
| --- | --- |

N.

whereas on 17 May 2021 the Commission announced the allocation of an additional EUR 10 million in humanitarian aid to help civilians affected by the recent conflict in and around Nagorno-Karabakh, bringing the EU’s assistance to people in need, since the start of the hostilities in September 2020, to over EUR 17 million;

| O. | whereas all sides should provide up-to-date maps of minefields to permit civilians to return to former conflict regions; |
| --- | --- |

O.

whereas all sides should provide up-to-date maps of minefields to permit civilians to return to former conflict regions;

| P. | whereas the ‘Park of Military Trophies’ inaugurated in Baku on 12 April 2021 reportedly displays Armenian military equipment, wax mannequins depicting dead and dying Armenian soldiers and models of Armenian POWs chained in a cell, which may be perceived as a glorification of violence and risks inciting further hostile sentiment, hate speech or even inhumane treatment of remaining POWs and other Armenian captive civilians, thereby perpetuating the atmosphere of hatred and contradicting any official statements on reconciliation; |
| --- | --- |

P.

whereas the ‘Park of Military Trophies’ inaugurated in Baku on 12 April 2021 reportedly displays Armenian military equipment, wax mannequins depicting dead and dying Armenian soldiers and models of Armenian POWs chained in a cell, which may be perceived as a glorification of violence and risks inciting further hostile sentiment, hate speech or even inhumane treatment of remaining POWs and other Armenian captive civilians, thereby perpetuating the atmosphere of hatred and contradicting any official statements on reconciliation;

| Q. | whereas on 12 May 2021, troops from Azerbaijan temporarily entered the territory of Armenia, which amounts to a violation of the territorial integrity of Armenia and of international law; whereas this violation of Armenian sovereign territory follows worrying statements by Azerbaijani representatives, including the president, which appeared to raise territorial claims and threaten the use of force and thereby undermine the efforts towards security and stability in the region; |
| --- | --- |

Q.

whereas on 12 May 2021, troops from Azerbaijan temporarily entered the territory of Armenia, which amounts to a violation of the territorial integrity of Armenia and of international law; whereas this violation of Armenian sovereign territory follows worrying statements by Azerbaijani representatives, including the president, which appeared to raise territorial claims and threaten the use of force and thereby undermine the efforts towards security and stability in the region;

| R. | whereas the repatriation of human remains and the provision of humanitarian assistance to populations severely affected by the conflict has taken place over the past months; |
| --- | --- |

R.

whereas the repatriation of human remains and the provision of humanitarian assistance to populations severely affected by the conflict has taken place over the past months;

| S. | whereas renewed efforts are needed to build confidence between both countries and make progress towards sustainable peace; |
| --- | --- |

S.

whereas renewed efforts are needed to build confidence between both countries and make progress towards sustainable peace;

| 1. | Demands the immediate and unconditional release of all Armenian prisoners, both military and civilian, detained during and after the conflict, and that Azerbaijan refrain from making arbitrary detentions in the future; urges the parties to fully implement the tripartite ceasefire statement of 9 November 2020, which provides for an exchange of prisoners of war, hostages and other detainees, as well as the remains of those killed during hostilities; |
| --- | --- |

1.

| 2. | Deplores the violence that took place during the most recent war between Armenia and Azerbaijan over Nagorno-Karabakh; expresses solidarity with the victims and their families; deplores the violation of the ceasefire, which led to further human suffering, loss of life and destruction; condemns all attacks targeting civilians and recalls states’ obligation under international humanitarian law to protect civilian lives; |
| --- | --- |

2.

| 3. | Urges the Government of Azerbaijan to provide exhaustive lists of all persons held in its captivity in connection with the armed conflict and to provide information about their whereabouts and health, including of those who have died in captivity; |
| --- | --- |

3.

| 4. | Recalls that failure to disclose information regarding the fate and whereabouts of missing persons may amount to enforced disappearance, which both Azerbaijan and Armenia have committed to preventing; calls on all sides to clarify the fate and whereabouts of the disappeared and to treat dead bodies with dignity; |
| --- | --- |

4.

| 5. | Demands that the Government of Azerbaijan respect legal safeguards, allow access for lawyers, doctors and human rights defenders to the Armenian prisoners and facilitate their communications with relatives; |
| --- | --- |

5.

| 6. | Expresses its grave concern about credible reports, according to which Armenian prisoners of war and other captive persons have been and are being held in degrading conditions, and that they have been subjected to inhuman treatment and torture when captured or during their detention; condemns all instances of torture and enforced disappearances, including those perpetrated in armed conflict, as well as the ill-treatment and desecration of bodies; |
| --- | --- |

6.

| 7. | Calls on the Azerbaijani authorities to ensure that those still in custody are provided with all protections required under international human rights and humanitarian law, including freedom from torture and inhuman treatment; calls on the Armenian and Azerbaijani authorities to conduct independent, prompt, public and effective investigations and prosecute all credible allegations of grave breaches of the Geneva Conventions and other violations of international law and war crimes, in order to ensure accountability of those responsible and redress for the victims, possibly with the assistance of an international dedicated mission; calls on the Government of Azerbaijan to fully cooperate with the ECtHR to investigate the validity of reports of dehumanising treatment of Armenian prisoners and to hold those responsible to account; |
| --- | --- |

7.

| 8. | Recalls that there is currently no publically available credible information about Azerbaijani POWs and detainees in Armenian captivity; |
| --- | --- |

8.

| 9. | Reminds all the parties to the conflict of their obligation to respect international humanitarian law, which prohibits torture and other degrading or inhumane treatment, and reiterates that torture and ill-treatment of POWs constitute war crimes; |
| --- | --- |

9.

| 10. | Strongly condemns the incident that took place on 9 April 2021, when the Azerbaijani authorities dispatched an empty plane which was supposed to repatriate Armenian detainees; considers this a highly insensitive act and, moreover, one that illustrates a generally degrading attitude from Azerbaijan towards Armenian detainees and their families; |
| --- | --- |

10.

| 11. | Insists on the urgent need to refrain from any hostile rhetoric or actions that may be perceived as inciting hatred or outright violence or as supporting impunity, or that risk undermining the efforts to establish and promote an atmosphere conducive to trust and reconciliation, cooperation and sustainable peace; |
| --- | --- |

11.

| 12. | Calls on the Government of Azerbaijan to cooperate fully with the ECtHR on the issue of Armenian prisoners and to comply with the interim measures of the Court, which ordered Azerbaijan to provide detailed information on the conditions of detention of the prisoners, their state of health and measures undertaken to return them; |
| --- | --- |

12.

| 13. | Expresses its belief that a full exchange of prisoners and remains of the deceased and the final settlement of this issue is a humanitarian emergency, especially for the families of those affected, and would be a first, desperately needed trust-building measure to bring rudimentary stability to the region; |
| --- | --- |

13.

| 14. | Calls on the Government of Azerbaijan to guarantee free and unimpeded access to prisoners for relevant international organisations, such as the International Committee of the Red Cross and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment; |
| --- | --- |

14.

| 15. | Highlights the urgent need to ensure that humanitarian assistance can reach those in need, that the security of the Armenian population and its cultural heritage in Nagorno-Karabakh is ensured, and that internally displaced persons and refugees can return to their former places of residence; |
| --- | --- |

15.

| 16. | Strongly insists that both parties refrain from any actions destroying Armenian heritage in Azerbaijan and Azeri heritage in Armenia; calls for the full restoration of demolished sites and for greater involvement of the international community in protecting world heritage in the region; |
| --- | --- |

16.

| 17. | Recalls the efforts of the international community spearheaded by the Co-Chairs of the OSCE Minsk Group to find a peaceful, lasting, comprehensive and sustainable solution on the basis of the OSCE 2009 Basic Principles (Non-Use of Force, Territorial Integrity, and the Equal Rights and Self-Determination of Peoples) with the objective of determining the future status of the Nagorno-Karabakh region; recalls that this can only be achieved through a negotiated political solution with genuine commitment from all concerned parties; calls on the parties to resume high-level political dialogue at the earliest opportunity, under the auspices of the Co-Chairs of the OSCE Minsk Group; calls on the Armenian and Azerbaijani governments, as well as international mediators, to systematically include women in the peace process and consult with women human rights defenders; |
| --- | --- |

17.

| 18. | Regrets that the EU Member States participating in the OSCE Minsk Group were not present when the ceasefire agreement was brokered, and that the EU did not demonstrate leadership in bringing two of its highly valued Eastern Partners to the negotiating table; |
| --- | --- |

18.

| 19. | Deplores the opening of the so-called Trophy Park in Baku, open to the public since 14 April 2021, as it further intensifies long-lasting hostile sentiments and undermines mutual trust between Armenia and Azerbaijan; urges, therefore, that it be closed without delay; |
| --- | --- |

19.

| 20. | Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) and the Commission to offer all necessary assistance to both Armenia and Azerbaijan to consolidate the ceasefire, and support any efforts leading to stability, reconstruction, confidence building and post-war rehabilitation, as well as to closely follow the implementation of the provisions of the ceasefire, especially with regard to its monitoring mechanism; calls on the European External Action Service, the Commission and the Member States to increase their support for and cooperation with civil society and human rights defenders, in particular in relation to restrictions on their work; considers that the EU Special Representative for the South Caucasus has an important role to play in this regard; |
| --- | --- |

20.

| 21. | Calls on the Commission and the Member States to continue supporting the provision of urgent humanitarian assistance and the work of international organisations in this area and on the protection of cultural and religious heritage, as well as to support civil society organisations in Armenia and Azerbaijan that genuinely contribute to reconciliation; |
| --- | --- |

21.

| 22. | Calls on the VP/HR, together with the Member States, to also address security, stability and regional cooperation in the South Caucasus at the upcoming Eastern Partnership summit in autumn 2021; |
| --- | --- |

22.

| 23. | Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and parliaments of the Member States, the United Nations Secretary-General, the OSCE Secretary-General, the Minsk Group Co-Chairs, the President, Government and Parliament of Armenia and the President, Government and Parliament of Azerbaijan. |
| --- | --- |

23.

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| 12.1.2022 | EN | Official Journal of the European Union | C 15/161 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/161

---

P9_TA(2021)0252

The situation in Haiti

European Parliament resolution of 20 May 2021 on the situation in Haiti (2021/2694(RSP))

(2022/C 15/15)

The European Parliament,

| — | having regard to its previous resolutions on Haiti, notably those of 19 January 2011 on the situation in Haiti one year after the earthquake: humanitarian aid and reconstruction (1), of 8 February 2018 on child slavery in Haiti (2), and of 28 November 2019 (3), |
| --- | --- |

—

having regard to its previous resolutions on Haiti, notably those of 19 January 2011 on the situation in Haiti one year after the earthquake: humanitarian aid and reconstruction (1), of 8 February 2018 on child slavery in Haiti (2), and of 28 November 2019 (3),

| — | having regard to the statement by the President of the UN Security Council of 24 March 2021 on Haiti, |
| --- | --- |

—

having regard to the statement by the President of the UN Security Council of 24 March 2021 on Haiti,

| — | having regard to the report of the UN Integrated Office in Haiti (BINUH) of 11 February 2021, |
| --- | --- |

—

having regard to the report of the UN Integrated Office in Haiti (BINUH) of 11 February 2021,

| — | having regard to the Universal Declaration of Human Rights of December 1948, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights of December 1948,

| — | having regard to the International Covenant on Civil and Political Rights (ICCPR) of 16 December 1966, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights (ICCPR) of 16 December 1966,

| — | having regard to the American Convention on Human Rights, |
| --- | --- |

—

having regard to the American Convention on Human Rights,

| — | having regard to the UN Convention on the Rights of the Child of 20 November 1989, |
| --- | --- |

—

having regard to the UN Convention on the Rights of the Child of 20 November 1989,

| — | having regard to the UN Basic Principles on the Independence of the Judiciary, |
| --- | --- |

—

having regard to the UN Basic Principles on the Independence of the Judiciary,

| — | having regard to the Universal Charter of the Judge, and the Statute of the Ibero-American Judge, |
| --- | --- |

—

having regard to the Universal Charter of the Judge, and the Statute of the Ibero-American Judge,

| — | having regard to the Cotonou Agreement, |
| --- | --- |

—

having regard to the Cotonou Agreement,

| — | having regard to the Constitution of the Republic of Haiti of 1987, |
| --- | --- |

—

having regard to the Constitution of the Republic of Haiti of 1987,

| — | having regard to the joint report of the Office of the UN High Commissioner for Human Rights (OHCHR) and BINUH of 18 January 2021 entitled ‘Unrest in Haiti: Their impact on Human Rights and the State’s obligation to protect all citizens’, |
| --- | --- |

—

having regard to the joint report of the Office of the UN High Commissioner for Human Rights (OHCHR) and BINUH of 18 January 2021 entitled ‘Unrest in Haiti: Their impact on Human Rights and the State’s obligation to protect all citizens’,

| — | having regard to Rule 144(5) and 132(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 144(5) and 132(4) of its Rules of Procedure,

| A. | whereas a failure to hold elections in October 2020 also triggered rule by decree, with reports of failed coup attempts signifying growing political and social instability in Haiti; |
| --- | --- |

A.

whereas a failure to hold elections in October 2020 also triggered rule by decree, with reports of failed coup attempts signifying growing political and social instability in Haiti;

| B. | whereas the political opposition and civil society groups claim that President Moïse’s mandate came to an end on 6 February 2021, as ruled by Haiti’s Superior Council of the Judiciary, and insist on the appointment of a provisional president; whereas Jovenel Moïse refuses to step down, as he considers that his mandate began in February 2017, following a second election in 2016, as the previous election results had been contested owing to allegations of fraud; |
| --- | --- |

B.

whereas the political opposition and civil society groups claim that President Moïse’s mandate came to an end on 6 February 2021, as ruled by Haiti’s Superior Council of the Judiciary, and insist on the appointment of a provisional president; whereas Jovenel Moïse refuses to step down, as he considers that his mandate began in February 2017, following a second election in 2016, as the previous election results had been contested owing to allegations of fraud;

| C. | whereas thousands of Haitian people have been protesting since 14 January 2021 against the one-year extension of President Moïse’s term of office, as well as against the referendum; whereas the protests are being suppressed by force; |
| --- | --- |

C.

whereas thousands of Haitian people have been protesting since 14 January 2021 against the one-year extension of President Moïse’s term of office, as well as against the referendum; whereas the protests are being suppressed by force;

| D. | whereas as a result of the failure to hold elections in due time in 2019, the mandate of all legislators in the Chamber of Deputies and of two thirds of the Senate ended in January 2020, and the mandate of all mayors ended in July 2020; whereas President Moïse has been ruling ever since by decree, with a large number of decrees strengthening the power of his presidency; whereas President Moïse has scheduled parliamentary, local and presidential elections for 19 September 2021; |
| --- | --- |

D.

whereas as a result of the failure to hold elections in due time in 2019, the mandate of all legislators in the Chamber of Deputies and of two thirds of the Senate ended in January 2020, and the mandate of all mayors ended in July 2020; whereas President Moïse has been ruling ever since by decree, with a large number of decrees strengthening the power of his presidency; whereas President Moïse has scheduled parliamentary, local and presidential elections for 19 September 2021;

| E. | whereas on 5 January 2021, President Moïse decreed that a constitutional referendum should be organised on 27 June 2021, and has recently confirmed his decision in spite of the protests both in the country and from the international community; whereas the proposed constitutional reform would further concentrate executive powers; whereas Article 284.3 of the Haitian Constitution stipulates that ‘General elections to amend the Constitution are strictly forbidden’; whereas thousands of Haitians have since taken to the streets in protest against the referendum; |
| --- | --- |

E.

whereas on 5 January 2021, President Moïse decreed that a constitutional referendum should be organised on 27 June 2021, and has recently confirmed his decision in spite of the protests both in the country and from the international community; whereas the proposed constitutional reform would further concentrate executive powers; whereas Article 284.3 of the Haitian Constitution stipulates that ‘General elections to amend the Constitution are strictly forbidden’; whereas thousands of Haitians have since taken to the streets in protest against the referendum;

| F. | whereas on 6 May 2021, the EU announced that it would neither finance the organisation of the referendum scheduled for 27 June 2021 in Haiti nor send observers to monitor it, deeming the process insufficiently transparent and democratic in a country plagued by insecurity and political instability; |
| --- | --- |

F.

whereas on 6 May 2021, the EU announced that it would neither finance the organisation of the referendum scheduled for 27 June 2021 in Haiti nor send observers to monitor it, deeming the process insufficiently transparent and democratic in a country plagued by insecurity and political instability;

| G. | whereas the Core Group on Haiti (composed of the Special Representative of the UN Secretary-General, the Ambassadors of Brazil, Canada, France, Germany, Spain, the European Union and the United States of America, and the Special Representative of the Organization of American States) has expressed its concern that the process of changing the Constitution has not been sufficiently inclusive, participatory and transparent; |
| --- | --- |

G.

whereas the Core Group on Haiti (composed of the Special Representative of the UN Secretary-General, the Ambassadors of Brazil, Canada, France, Germany, Spain, the European Union and the United States of America, and the Special Representative of the Organization of American States) has expressed its concern that the process of changing the Constitution has not been sufficiently inclusive, participatory and transparent;

| H. | whereas the results of the senatorial survey and a report from the Superior Court of Auditors of Haiti have implicated President Moïse in a case of embezzlement and fraud, allegedly having received funds from the PetroCaribe programme; |
| --- | --- |

H.

whereas the results of the senatorial survey and a report from the Superior Court of Auditors of Haiti have implicated President Moïse in a case of embezzlement and fraud, allegedly having received funds from the PetroCaribe programme;

| I. | whereas Haitian Supreme Court Judge Yvickel Dieujuste Dabrésil was arrested on 7 February 2021 together with 18 other people and accused of conspiring against the government; whereas Judge Dabrésil was released on 11 February 2021 but the other 17 people remain in detention; |
| --- | --- |

I.

whereas Haitian Supreme Court Judge Yvickel Dieujuste Dabrésil was arrested on 7 February 2021 together with 18 other people and accused of conspiring against the government; whereas Judge Dabrésil was released on 11 February 2021 but the other 17 people remain in detention;

| J. | whereas on 8 February 2021 President Moïse issued a decree ordering the ‘retirement’ of three Supreme Court judges (judges Yvickel Dieujuste Dabrésil, Joseph Mécène Jean-Louis and Wendelle Coq Thelot) and issued another decree a few days later appointing three new judges to the Supreme Court without following the procedures set out in the law; whereas in response, staff in the justice system began an indefinite strike on Monday 15 February 2021; |
| --- | --- |

J.

whereas on 8 February 2021 President Moïse issued a decree ordering the ‘retirement’ of three Supreme Court judges (judges Yvickel Dieujuste Dabrésil, Joseph Mécène Jean-Louis and Wendelle Coq Thelot) and issued another decree a few days later appointing three new judges to the Supreme Court without following the procedures set out in the law; whereas in response, staff in the justice system began an indefinite strike on Monday 15 February 2021;

| K. | whereas in March 2021, the Haitian regime arrested a senior police officer, thereby exponentially magnifying the constitutional crisis in the country; |
| --- | --- |

K.

whereas in March 2021, the Haitian regime arrested a senior police officer, thereby exponentially magnifying the constitutional crisis in the country;

| L. | whereas Haiti has in recent month faced an sharp increase of violence, such as kidnappings, rapes, homicides and massacres, mostly perpetrated by armed gangs; who are operating with almost total impunity; whereas in the first three months of 2021, 117 people were murdered and 142 kidnapped; whereas there were 91 cases of abduction in April 2021 alone; |
| --- | --- |

L.

whereas Haiti has in recent month faced an sharp increase of violence, such as kidnappings, rapes, homicides and massacres, mostly perpetrated by armed gangs; who are operating with almost total impunity; whereas in the first three months of 2021, 117 people were murdered and 142 kidnapped; whereas there were 91 cases of abduction in April 2021 alone;

| M. | whereas the kidnapping in Port-au-Prince on 11 April 2021 of several members of the Catholic clergy (who were subsequently released), who work for the benefit of the local population, deeply shocked Haitian and international public opinion and led to an intensification of the demonstrations against the current government; |
| --- | --- |

M.

whereas the kidnapping in Port-au-Prince on 11 April 2021 of several members of the Catholic clergy (who were subsequently released), who work for the benefit of the local population, deeply shocked Haitian and international public opinion and led to an intensification of the demonstrations against the current government;

| N. | whereas since 2015 more than 300 000 people have left the country; whereas the increasing violence and deteriorating security in the country has led to a sharp increase in the number of asylum seekers from Haiti, particularly in French Guyana, and to many international and humanitarian NGOs leaving Haiti; |
| --- | --- |

N.

whereas since 2015 more than 300 000 people have left the country; whereas the increasing violence and deteriorating security in the country has led to a sharp increase in the number of asylum seekers from Haiti, particularly in French Guyana, and to many international and humanitarian NGOs leaving Haiti;

| O. | whereas over recent years, Haiti has been plagued by several waves of large-scale mobilisations against high living costs, authoritarianism and corruption; whereas the ongoing political crisis is linked to and commensurate with the deterioration of all social, economic, security and human rights indicators; whereas poverty has increased, access to basic social services, already reduced, has further decreased, and in the space of two years, food insecurity has almost doubled, now affecting millions of Haitians; whereas Haiti is the only least developed country in the Americas; whereas Haiti, ranked number 170 of the world’s countries in the UN Development Programme (UNDP) Human Development Index 2019, is in continuous need of humanitarian and development aid and remains the poorest country in the Americas, and one of the most impoverished states in the world, with 59 % of the population living below the national poverty line; whereas government corruption is rampant, and Transparency International’s Corruption Perceptions Index 2018 ranks Haiti 161st out of the 180 states surveyed; |
| --- | --- |

O.

whereas over recent years, Haiti has been plagued by several waves of large-scale mobilisations against high living costs, authoritarianism and corruption; whereas the ongoing political crisis is linked to and commensurate with the deterioration of all social, economic, security and human rights indicators; whereas poverty has increased, access to basic social services, already reduced, has further decreased, and in the space of two years, food insecurity has almost doubled, now affecting millions of Haitians; whereas Haiti is the only least developed country in the Americas; whereas Haiti, ranked number 170 of the world’s countries in the UN Development Programme (UNDP) Human Development Index 2019, is in continuous need of humanitarian and development aid and remains the poorest country in the Americas, and one of the most impoverished states in the world, with 59 % of the population living below the national poverty line; whereas government corruption is rampant, and Transparency International’s Corruption Perceptions Index 2018 ranks Haiti 161st out of the 180 states surveyed;

| P. | whereas between August 2020 and February 2021, around four million people (4) in Haiti were facing acute food insecurity; whereas economic decline, poor harvests, hurricane Laura (on 23 August 2020) and the COVID-19 pandemic are among the main drivers exacerbating the food security situation; |
| --- | --- |

P.

whereas between August 2020 and February 2021, around four million people (4) in Haiti were facing acute food insecurity; whereas economic decline, poor harvests, hurricane Laura (on 23 August 2020) and the COVID-19 pandemic are among the main drivers exacerbating the food security situation;

| Q. | whereas unrest and bureaucratic chaos have taken centre stage, disrupting Haiti’s COVID-19 vaccine rollout, thereby leading to a risk of more deaths and a failure to be on schedule in the global fight to combat the virus; whereas the inadequate handling of the COVID-19 pandemic has only contributed to the underlying societal problems that already exist; |
| --- | --- |

Q.

whereas unrest and bureaucratic chaos have taken centre stage, disrupting Haiti’s COVID-19 vaccine rollout, thereby leading to a risk of more deaths and a failure to be on schedule in the global fight to combat the virus; whereas the inadequate handling of the COVID-19 pandemic has only contributed to the underlying societal problems that already exist;

| R. | whereas Haiti received unprecedented aid from the international community to finance reconstruction after the 2010 earthquake; whereas these efforts are in no way discernible to the Haitian population today, giving rise to fears of bad governance and the substantial mismanagement of funds; |
| --- | --- |

R.

whereas Haiti received unprecedented aid from the international community to finance reconstruction after the 2010 earthquake; whereas these efforts are in no way discernible to the Haitian population today, giving rise to fears of bad governance and the substantial mismanagement of funds;

| S. | whereas as a result of the mismanagement of the international funds received, the high fees charged for education, coupled with widespread low incomes for families, and the low quality of education available, approximately half of Haitians aged 15 and above are illiterate; whereas owing to the further escalation of unrest and the pandemic, and their impact on Haitians’ daily lives, 70 %of Haitian children have been kept out of school; whereas at least 350 000 children and young people throughout the country remain out of primary and secondary school; |
| --- | --- |

S.

whereas as a result of the mismanagement of the international funds received, the high fees charged for education, coupled with widespread low incomes for families, and the low quality of education available, approximately half of Haitians aged 15 and above are illiterate; whereas owing to the further escalation of unrest and the pandemic, and their impact on Haitians’ daily lives, 70 %of Haitian children have been kept out of school; whereas at least 350 000 children and young people throughout the country remain out of primary and secondary school;

| T. | whereas the system of Restavèk, a modern form of slavery, is still a common practice in Haiti; whereas this practice involves Haitian children from impoverished homes being sent by their parents to live with other families to work for them as domestic servants; whereas these children often suffer abuse and mistreatment, with no access to schooling; |
| --- | --- |

T.

whereas the system of Restavèk, a modern form of slavery, is still a common practice in Haiti; whereas this practice involves Haitian children from impoverished homes being sent by their parents to live with other families to work for them as domestic servants; whereas these children often suffer abuse and mistreatment, with no access to schooling;

| 1. | Urges the Haitian authorities to organise free, fair, transparent and credible legislative, local and presidential elections, and to guarantee sustainable security during these electoral processes; recalls that as long as the conditions of transparency, fairness and democracy have not been met, the EU should not provide any financial and technical support for the electoral processes; recalls that only a credible, transparent, participatory and peaceful election process can overcome the protracted political crisis in Haiti; |
| --- | --- |

1.

| 2. | Stresses the importance of an independent and more accessible judiciary, and calls on the Haitian Government to respect the Haitian Constitution of 1987, in particular Article 284.3 thereof, to respect the fundamental principles of democracy and to strengthen the rule of law; reiterates the crucial role of the full, equal, and meaningful participation of women and the inclusion of all Haitians, including young people, persons with disabilities and civil society in Haiti’s political processes; |
| --- | --- |

2.

| 3. | Firmly insists that the Haitian authorities must step up their efforts to end the clashes between gangs, as well as the armed attacks on civilians and on law enforcement and to bring those responsible to justice in fair trials; |
| --- | --- |

3.

| 4. | Reiterates its deep concern about the deteriorating humanitarian, political and security situation in Haiti; strongly condemns all human rights violations and acts of violence, especially the increase in kidnappings, child trafficking to the Dominican Republic, homicides and rape, and stresses the need to combat violence against women, girls and elderly people; strongly condemns the kidnapping of several members of the Catholic clergy last month in Port-au-Prince; recalls that the violence in Haiti is strongly linked to armed gangs, some of which are supported and funded by the local oligarchy; calls for an immediate and coordinated response by the Haitian authorities to prevent violence, to address its root causes and to end impunity for those responsible; recalls that reform of the justice system and the fight against corruption must remain a priority; |
| --- | --- |

4.

| 5. | Calls for an independent investigation into the massacre case of La Saline and similar outrages; demands that all authors of these crimes be brought to justice and given a fair trial; |
| --- | --- |

5.

| 6. | Condemns the alleged use of deadly force against protesters and arbitrary arrests and detentions; condemns the violence against journalists; urges the Haitian Government to end the practice of prolonged pre-trial detention; calls on the Haitian authorities to respect fundamental rights, freedom of expression and freedom of association; |
| --- | --- |

6.

| 7. | Recalls its strong support for all human rights and environmental defenders in Haiti and their work; |
| --- | --- |

7.

| 8. | Calls on the Haitian authorities to ensure better governance at all levels of the state and society, including the fight against corruption and clientelism; strongly requires the Commission to systematically ensure that all aid, including humanitarian aid, is effectively monitored in order to ensure that it is used for the specific projects for which it is intended; |
| --- | --- |

8.

| 9. | Calls on the Haitian authorities to clear up the suspicions of fraud and mismanagement of the international funds received following the earthquake of 2010 and to punish the perpetrators; |
| --- | --- |

9.

| 10. | Calls for an audit and a report from the European Court of Auditors on the way EU funds are spent in Haiti, especially in the light of the recent corruption allegations and the report of the Haitian Superior Court of Auditors; |
| --- | --- |

10.

| 11. | Calls for the European Union to continue to provide funding to Haiti in order to address the severe food insecurity and malnutrition that have been exacerbated by the COVID-19 pandemic; also calls on the relevant European Union services to ensure the monitoring and appropriate management of European aid so that it directly benefits the population in need; |
| --- | --- |

11.

| 12. | Regrets that Haiti has not completed the necessary steps to receive COVID-19 vaccines; urges the Haitian authorities to make the arrangements that are needed to receive the vaccines; |
| --- | --- |

12.

| 13. | Welcomes the allocation of EUR 17 million by the EU in order to support the most vulnerable in Haiti and other countries in the Caribbean; calls on the Commission to continue prioritising humanitarian aid to Haiti; calls on the Commission to ensure that the provision of humanitarian aid to Haiti is efficiently linked to its development strategy; |
| --- | --- |

13.

| 14. | Calls for an end to the practice of Restavèk; calls for the Haitian Government to implement measures that ensure the registration and protection of children, both physically and psychologically, and to enforce compulsory schooling; calls for the EU to cooperate with the Haitian Government in order to implement a legislative framework to protect children’s rights; |
| --- | --- |

14.

| 15. | Calls on the Haitian Government to ensure the well-being of its citizens in all essential ways; stresses that failing to do so could result in an irreversible brain-drain and render Haiti incapable of functioning; |
| --- | --- |

15.

| 16. | Expresses it concerns about the massive arrival in French Guiana of Haitian nationals seeking asylum or in an irregular situation, and calls on the EU to support the European territories in the region in strengthening measures to combat human trafficking; |
| --- | --- |

16.

| 17. | Reiterates the importance of harmonised, coordinated and strengthened international efforts to support the people of Haiti; highlights the importance of continued EU and international support to Haiti in order to help create the conditions for peaceful and democratic elections, as well as to bring about the long-term stability, development and economic self-sufficiency of the country; |
| --- | --- |

17.

| 18. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the European Commission/ High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the EU Special Representative for Human Rights, the United Nations High Commissioner for Human Rights and the Secretary-General of the United Nations, the Organisation of African, Caribbean and Pacific States-EU Council of Ministers and Joint Parliamentary Assembly, the institutions of the Cariforum, and the Haitian authorities. |
| --- | --- |

18.

---

(1)  OJ C 136 E, 11.5.2012, p. 46.

(2)  OJ C 463, 21.12.2018, p. 40.

(3)  Texts adopted, P9_TA(2019)0074.

(4)  According to data from the Integrated Food Security Phase Classification (IPC).

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| 12.1.2022 | EN | Official Journal of the European Union | C 15/166 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/166

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P9_TA(2021)0253

The situation in Chad

European Parliament resolution of 20 May 2021 on the situation in Chad (2021/2695(RSP))

(2022/C 15/16)

The European Parliament,

| — | having regard to its resolution of 16 September 2020 on EU-African security cooperation in the Sahel region, West Africa and the Horn of Africa (1), |
| --- | --- |

—

having regard to its resolution of 16 September 2020 on EU-African security cooperation in the Sahel region, West Africa and the Horn of Africa (1),

| — | having regard to the statement by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on the death of President Idriss Déby Itno on 20 April 2021, |
| --- | --- |

—

having regard to the statement by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on the death of President Idriss Déby Itno on 20 April 2021,

| — | having regard to the statement by the spokesperson for the UN Secretary-General of 20 April 2021 on Chad, |
| --- | --- |

—

having regard to the statement by the spokesperson for the UN Secretary-General of 20 April 2021 on Chad,

| — | having regard to the communiqué by the G7 Foreign and Development Ministers of 5 May 2021, |
| --- | --- |

—

having regard to the communiqué by the G7 Foreign and Development Ministers of 5 May 2021,

| — | having regard to the report of the African Union Peace and Security Council fact-finding mission to Chad from 29 April to 5 May 2021, |
| --- | --- |

—

having regard to the report of the African Union Peace and Security Council fact-finding mission to Chad from 29 April to 5 May 2021,

| — | having regard to the joint declaration of the European Council and the Member States of the G5 Sahel of 28 April 2020 on the security, stability and development of the Sahel, |
| --- | --- |

—

having regard to the joint declaration of the European Council and the Member States of the G5 Sahel of 28 April 2020 on the security, stability and development of the Sahel,

| — | having regard to the Council conclusions of 16 April 2021 reaffirming the importance of a solid and long-term partnership between the EU and the Sahel, |
| --- | --- |

—

having regard to the Council conclusions of 16 April 2021 reaffirming the importance of a solid and long-term partnership between the EU and the Sahel,

| — | having regard to the European Development Fund (EDF) 2014-2020 National Indicative Programme for Chad, |
| --- | --- |

—

having regard to the European Development Fund (EDF) 2014-2020 National Indicative Programme for Chad,

| — | having regard to the resolution of the Joint Parliamentary Assembly of the African, Caribbean and Pacific Group of States (ACP) and the EU of 11 March 2021 on democracy and respect for constitutions in EU and ACP countries, |
| --- | --- |

—

having regard to the resolution of the Joint Parliamentary Assembly of the African, Caribbean and Pacific Group of States (ACP) and the EU of 11 March 2021 on democracy and respect for constitutions in EU and ACP countries,

| — | having regard to the Constitution of Chad, |
| --- | --- |

—

having regard to the Constitution of Chad,

| — | having regard to the Cotonou Agreement, |
| --- | --- |

—

having regard to the Cotonou Agreement,

| — | having regard to the African Charter on Human and Peoples’ Rights, which was adopted on 27 June 1981 and entered into force on 21 October 1986, |
| --- | --- |

—

having regard to the African Charter on Human and Peoples’ Rights, which was adopted on 27 June 1981 and entered into force on 21 October 1986,

| — | having regard to the African Charter on Democracy, Elections and Governance, |
| --- | --- |

—

having regard to the African Charter on Democracy, Elections and Governance,

| — | having regard to the Universal Declaration of Human Rights, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights,

| — | having regard to Rules 144(5) and 132(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 144(5) and 132(4) of its Rules of Procedure,

| A. | whereas on 20 April 2021, the Chadian President Idriss Déby Itno, who had been in power for 31 years, died in a military confrontation with rebel groups one day after having been declared the winner of the 11 April 2021 presidential elections; |
| --- | --- |

A.

whereas on 20 April 2021, the Chadian President Idriss Déby Itno, who had been in power for 31 years, died in a military confrontation with rebel groups one day after having been declared the winner of the 11 April 2021 presidential elections;

| B. | whereas following the death of Idriss Déby, the Transitional Military Council (TMC) organised an unconstitutional transfer of power and installed a transitional government headed by Mahamat Idriss Déby, the son of the Chadian President; whereas the TMC suspended the Constitution, dissolved the government and the National Assembly, and set up a ‘transitional charter’ to replace the Constitution for a period of 18 months, renewable once; |
| --- | --- |

B.

whereas following the death of Idriss Déby, the Transitional Military Council (TMC) organised an unconstitutional transfer of power and installed a transitional government headed by Mahamat Idriss Déby, the son of the Chadian President; whereas the TMC suspended the Constitution, dissolved the government and the National Assembly, and set up a ‘transitional charter’ to replace the Constitution for a period of 18 months, renewable once;

| C. | whereas the Chadian Constitution provided that in the event of a vacancy in power or permanent incapacity of the head of state, the interim presidency would be exercised by the President of the National Assembly, who must organise elections within a period of 45 to 90 days; |
| --- | --- |

C.

whereas the Chadian Constitution provided that in the event of a vacancy in power or permanent incapacity of the head of state, the interim presidency would be exercised by the President of the National Assembly, who must organise elections within a period of 45 to 90 days;

| D. | whereas on 2 May 2021 the TMC appointed a transitional government with a civilian Prime Minister Albert Pahimi Padacké, with the participation of some members of the opposition; whereas Padacké was runner-up in the 11 April 2021 presidential elections despite being considered one of the late President Déby’s allies, and served as prime minister from 2016 to 2018; |
| --- | --- |

D.

whereas on 2 May 2021 the TMC appointed a transitional government with a civilian Prime Minister Albert Pahimi Padacké, with the participation of some members of the opposition; whereas Padacké was runner-up in the 11 April 2021 presidential elections despite being considered one of the late President Déby’s allies, and served as prime minister from 2016 to 2018;

| E. | whereas the African Union Peace and Security Council fact-finding mission to Chad from 29 April to 5 May 2021 underlined the importance of drafting a viable and universally acceptable Constitution for Chad and considers the Transitional Charter as inadequate to guarantee the political and civil rights of the population during the transition period; |
| --- | --- |

E.

whereas the African Union Peace and Security Council fact-finding mission to Chad from 29 April to 5 May 2021 underlined the importance of drafting a viable and universally acceptable Constitution for Chad and considers the Transitional Charter as inadequate to guarantee the political and civil rights of the population during the transition period;

| F. | whereas a disproportionate and illegitimate use of armed force against demonstrators was deployed by the military government against citizens on 27 April 2021; whereas this was broadly condemned by human rights organisations and the international community, including the African Union and European Union; whereas there have been at least six deaths, dozens of people wounded and many arbitrarily arrested and detained in response to protests since President Déby’s death; whereas it is believed that more than 600 people have been arrested in the clashes; |
| --- | --- |

F.

whereas a disproportionate and illegitimate use of armed force against demonstrators was deployed by the military government against citizens on 27 April 2021; whereas this was broadly condemned by human rights organisations and the international community, including the African Union and European Union; whereas there have been at least six deaths, dozens of people wounded and many arbitrarily arrested and detained in response to protests since President Déby’s death; whereas it is believed that more than 600 people have been arrested in the clashes;

| G. | whereas the tenure of President Déby was characterised by systematic and persistent human rights violations; |
| --- | --- |

G.

whereas the tenure of President Déby was characterised by systematic and persistent human rights violations;

| H. | whereas the pre-election period was marked by persecution and the arbitrary arrests of more than 112 political opponents and human rights defenders; whereas in the weeks leading up to the election campaign, security forces used disproportionate and illegitimate force against peaceful protesters; whereas the elections were largely boycotted by the opposition and some members of civil society; |
| --- | --- |

H.

whereas the pre-election period was marked by persecution and the arbitrary arrests of more than 112 political opponents and human rights defenders; whereas in the weeks leading up to the election campaign, security forces used disproportionate and illegitimate force against peaceful protesters; whereas the elections were largely boycotted by the opposition and some members of civil society;

| I. | whereas the security situation in the Sahel region has significantly deteriorated in recent years, posing a serious threat to regional and international security; whereas human rights violations and mass killings are widespread; whereas the Sahel saw the most rapid increase in violent extremist activity of any region in 2019; whereas the Multinational Joint Task Force has driven terrorist groups out of many areas under their control since its establishment in 2015, though the region still remains highly unstable; |
| --- | --- |

I.

whereas the security situation in the Sahel region has significantly deteriorated in recent years, posing a serious threat to regional and international security; whereas human rights violations and mass killings are widespread; whereas the Sahel saw the most rapid increase in violent extremist activity of any region in 2019; whereas the Multinational Joint Task Force has driven terrorist groups out of many areas under their control since its establishment in 2015, though the region still remains highly unstable;

| J. | whereas Chad has suffered heavily from terrorist activities and attacks; whereas Boko Haram — allied with the Islamic State since 2015 — has spread throughout the region and caused significant displacement in the Lake Chad basin; whereas there are 133 000 internally displaced persons and some 500 000 refugees currently in Chad; whereas the military confrontation with rebel groups such as the Front for Change and Concord in Chad (FACT) has intensified since this year’s elections; whereas the Chadian army recently claimed to have defeated the FACT; whereas the TMC rejected the proposal by FACT rebel armed groups to cease fire and hold negotiations; |
| --- | --- |

J.

whereas Chad has suffered heavily from terrorist activities and attacks; whereas Boko Haram — allied with the Islamic State since 2015 — has spread throughout the region and caused significant displacement in the Lake Chad basin; whereas there are 133 000 internally displaced persons and some 500 000 refugees currently in Chad; whereas the military confrontation with rebel groups such as the Front for Change and Concord in Chad (FACT) has intensified since this year’s elections; whereas the Chadian army recently claimed to have defeated the FACT; whereas the TMC rejected the proposal by FACT rebel armed groups to cease fire and hold negotiations;

| K. | whereas the EU supports the G5 Sahel, a collaborative defence effort between Burkina Faso, Chad, Mali, Mauritania and Niger which coordinates the action in regional development and security to fight terrorism and bring stability to the region, in which the Chadian Army is a key element; whereas the mandate of the EU Training Mission (EUTM) in Mali was extended in March 2020 to provide advice and training to national armed forces of the G5 Sahel countries, including Chad; whereas Mauritania and Niger have been designated as mediators by their G5 Sahel peers to ensure inclusive dialogue between all protagonists of the current unrest in Chad and to create the conditions for a consensual, peaceful and successful transition; |
| --- | --- |

K.

whereas the EU supports the G5 Sahel, a collaborative defence effort between Burkina Faso, Chad, Mali, Mauritania and Niger which coordinates the action in regional development and security to fight terrorism and bring stability to the region, in which the Chadian Army is a key element; whereas the mandate of the EU Training Mission (EUTM) in Mali was extended in March 2020 to provide advice and training to national armed forces of the G5 Sahel countries, including Chad; whereas Mauritania and Niger have been designated as mediators by their G5 Sahel peers to ensure inclusive dialogue between all protagonists of the current unrest in Chad and to create the conditions for a consensual, peaceful and successful transition;

| L. | whereas despite being an oil-producing country, poverty, food insecurity, corruption, impunity, violence against women and girls, and a lack of economic opportunities are endemic in Chad; whereas the country is ranked 187th out of 189 countries in the 2019 Human Development Index; |
| --- | --- |

L.

whereas despite being an oil-producing country, poverty, food insecurity, corruption, impunity, violence against women and girls, and a lack of economic opportunities are endemic in Chad; whereas the country is ranked 187th out of 189 countries in the 2019 Human Development Index;

| M. | whereas the EU supports development, peace and security efforts in Chad and throughout the Sahel through the EDF, the African Peace Facility, the Instrument contributing to Stability and Peace, and the EU Trust Fund for Africa; whereas the EU allocated EUR 542 million to Chad under the EDF between 2014 and 2020 for support including consolidation of the rule of law; whereas the future European Peace Facility is due to take over from the Africa Peace Facility on 1 July 2021; |
| --- | --- |

M.

whereas the EU supports development, peace and security efforts in Chad and throughout the Sahel through the EDF, the African Peace Facility, the Instrument contributing to Stability and Peace, and the EU Trust Fund for Africa; whereas the EU allocated EUR 542 million to Chad under the EDF between 2014 and 2020 for support including consolidation of the rule of law; whereas the future European Peace Facility is due to take over from the Africa Peace Facility on 1 July 2021;

| 1. | Deplores the killing of President Idriss Déby and the recent violence and loss of life as a result of attacks by armed groups in the region; reiterates its concern about the protracted crisis in Chad and the volatile security situation in the north, and strongly condemns the repeated violations of human rights and international and humanitarian law; |
| --- | --- |

1.

| 2. | Condemns the military seizure of power perpetrated by the TMC on 20 April 2021, the subsequent suspension of the Chadian Constitution, and the dissolution of the government; rejects the establishment of a charter by the TMC which has not been subject to democratic consultation; |
| --- | --- |

2.

| 3. | Is convinced that current divisions within Chadian society cannot be addressed through military means and calls on all parties to refrain from violent action, to engage in political dialogue, and to preserve the lives of the civilian population; |
| --- | --- |

3.

| 4. | Calls on the TMC to ensure an unhindered and swift return to constitutional order and to ensure that democratic values are upheld; notes that the appointment of a civilian transitional government including members of some opposition groups is a first step to returning to constitutional order; further calls on the TMC to create and ensure the conditions for an inclusive national dialogue between government and civil society actors and to ensure a peaceful, civilian-led and urgent transition to democratic, free and fair elections as soon as possible that would lead to a democratically elected president and inclusive government; |
| --- | --- |

4.

| 5. | Recalls that genuine democratic transition and reform must be civilian-led and allow for the full and active involvement of civil society organisations, women and young people, opposition parties and the free press, which should be able to operate without violence, intimidation or restrictions; |
| --- | --- |

5.

| 6. | Condemns the restriction of the right to demonstrate and the use of violence by the TMC against protestors; urges the TMC to free all those imprisoned following recent demonstrations; further calls for the establishment of an independent and impartial commission of inquiry to investigate abuses committed during the demonstrations and any human rights violations that may have occurred, including the apparent use of unnecessary or disproportionate force to disperse protests; |
| --- | --- |

6.

| 7. | Is concerned at corruption and impunity in Chad; notes that the failure to address human rights violations contributes to the continuation of abuses and weakens public trust in state institutions; |
| --- | --- |

7.

| 8. | Calls on the VP/HR and the EU Delegation to and EU missions in Chad to ensure the full implementation of the EU Guidelines on Human Rights Defenders and the EU Action Plan on Human Rights and Democracy, including by observing protests and by providing the requested support identified in civil society’s transition plan towards the end of the crisis; |
| --- | --- |

8.

| 9. | Calls on the international community to support Chad in its efforts towards democracy; calls, in particular, on the African Union and the G5 to support Chad in enabling an inclusive and inter-societal dialogue with a lasting and peaceful solution; reiterates the need to refrain from intrusive external interference and to protect Chad’s unity, stability and territorial integrity; calls on the Presidents of Mauritania and Niger to continue assisting Chad as mediators in the Chadian crisis until there is a long-lasting and peaceful conclusion to the current crisis; |
| --- | --- |

9.

| 10. | Recognises the important role Chad plays in the fight against terrorism within the G5 Sahel group; insists on the importance of respecting international human rights conventions; insists on preserving the territorial integrity and stability of Chad in the fragile security context of the region; emphasises the humanitarian need in the Sahel; |
| --- | --- |

10.

| 11. | Recalls that regional organisations and partnerships including the African Union and G5 are key actors in organising and supporting an Africa-led strategy to addressing terrorism and instability in the Sahel; reaffirms its support for the regional Multinational Joint Task Force, and its continued support through the African Peace Facility, soon to be transferred to the European Peace Facility; calls for civil actors who report on the commission of human rights abuses to be protected, without having to face threats; |
| --- | --- |

11.

| 12. | Recalls that climate change, food insecurity, population growth, exploitation of natural resources, poverty, a lack of educational and economic opportunities, as well as violent and ideological interferences from foreign jihadist groups, are root causes driving instability, violence and terrorist recruitment across the Sahel; notes that the COVID-19 pandemic has exacerbated these pressures and significantly hampered development progress; emphasises that the coordination of security, development, humanitarian and democracy-support assistance is necessary to ensure lasting sustainable development across the region; endorses a shift towards a more integrated approach to stabilisation with a strong focus on civilian and political dimensions; |
| --- | --- |

12.

| 13. | Stresses that Chad is and should remain a strong partner of the EU and reiterates its commitment to ensure dialogue and a peaceful solution to the current political crisis; |
| --- | --- |

13.

| 14. | Calls for an evaluation of EU funding allocated to the region to ensure there is no misuse of funds; |
| --- | --- |

14.

| 15. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Government and National Assembly of Chad, and the African Union and its institutions. |
| --- | --- |

15.

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(1)  Texts adopted, P9_TA(2020)0213.

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| 12.1.2022 | EN | Official Journal of the European Union | C 15/170 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/170

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P9_TA(2021)0255

Chinese countersanctions on EU entities and MEPs and MPs

European Parliament resolution of 20 May 2021 on Chinese countersanctions on EU entities and MEPs and MPs (2021/2644(RSP))

(2022/C 15/17)

The European Parliament,

| — | having regard to its previous resolutions and reports on the situation in China and EU-China relations, in particular those of 21 January 2021 on the crackdown on the democratic opposition in Hong Kong (1) and of 17 December 2020 on forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region (2) (XUAR), |
| --- | --- |

—

having regard to its previous resolutions and reports on the situation in China and EU-China relations, in particular those of 21 January 2021 on the crackdown on the democratic opposition in Hong Kong (1) and of 17 December 2020 on forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region (2) (XUAR),

| — | having regard to its previous recommendations relating to Hong Kong, in particular that of 13 December 2017 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on Hong Kong, 20 years after handover (3), |
| --- | --- |

—

having regard to its previous recommendations relating to Hong Kong, in particular that of 13 December 2017 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on Hong Kong, 20 years after handover (3),

| — | having regard to its resolution of 20 January 2021 on the implementation of the Common Foreign and Security Policy — annual report 2020 (4), |
| --- | --- |

—

having regard to its resolution of 20 January 2021 on the implementation of the Common Foreign and Security Policy — annual report 2020 (4),

| — | having regard to the awarding of the 2019 Sakharov Prize to Ilham Tohti, an Uyghur economist fighting for the rights of China’s Uyghur minority, |
| --- | --- |

—

having regard to the awarding of the 2019 Sakharov Prize to Ilham Tohti, an Uyghur economist fighting for the rights of China’s Uyghur minority,

| — | having regard to the statement by leading MEPs following the decision by the Chinese authorities to sanction the Subcommittee on Human Rights and other European entities and officials of 23 March 2021, |
| --- | --- |

—

having regard to the statement by leading MEPs following the decision by the Chinese authorities to sanction the Subcommittee on Human Rights and other European entities and officials of 23 March 2021,

| — | having regard to the speeches by its President, David Maria Sassoli, the Chair of its Subcommittee on Human Rights, Maria Arena, and the Chair of its Delegation for Relations with the People’s Republic of China, Reinhard Bütikofer, at the opening of its plenary session on 24 March 2021, |
| --- | --- |

—

having regard to the speeches by its President, David Maria Sassoli, the Chair of its Subcommittee on Human Rights, Maria Arena, and the Chair of its Delegation for Relations with the People’s Republic of China, Reinhard Bütikofer, at the opening of its plenary session on 24 March 2021,

| — | having regard to the statement by European Research Institute Directors of 25 March 2021, |
| --- | --- |

—

having regard to the statement by European Research Institute Directors of 25 March 2021,

| — | having regard to the speech by the VP/HR, Josep Borrell, at its debate of 28 April 2021 on the Chinese countersanctions on EU entities and MEPs and MPs and the ensuing debate, |
| --- | --- |

—

having regard to the speech by the VP/HR, Josep Borrell, at its debate of 28 April 2021 on the Chinese countersanctions on EU entities and MEPs and MPs and the ensuing debate,

| — | having regard to the joint statement on Chinese sanctions against Members of Parliament by the President of the European Parliament, the President of the Belgian House of representatives, the President of the Dutch House of representatives and the Speaker of the Seimas of the Republic of Lithuania of 29 March 2021, |
| --- | --- |

—

having regard to the joint statement on Chinese sanctions against Members of Parliament by the President of the European Parliament, the President of the Belgian House of representatives, the President of the Dutch House of representatives and the Speaker of the Seimas of the Republic of Lithuania of 29 March 2021,

| — | having regard to Council Implementing Regulation (EU) 2021/478 of 22 March 2021 implementing Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses (5) and to Council Decision (CFSP) 2021/481 of 22 March 2021 amending Decision (CFSP) 2020/1999 concerning restrictive measures against serious human rights violations and abuses (6), |
| --- | --- |

—

having regard to Council Implementing Regulation (EU) 2021/478 of 22 March 2021 implementing Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses (5) and to Council Decision (CFSP) 2021/481 of 22 March 2021 amending Decision (CFSP) 2020/1999 concerning restrictive measures against serious human rights violations and abuses (6),

| — | having regard to the G7 statement on electoral changes in Hong Kong of 12 March 2021 and to the G7 Foreign and Development Ministers’ communiqué of 5 May 2021, |
| --- | --- |

—

having regard to the G7 statement on electoral changes in Hong Kong of 12 March 2021 and to the G7 Foreign and Development Ministers’ communiqué of 5 May 2021,

| — | having regard to the statement by the Spokesperson of the VP/HR on the sentencing of pro-democracy activists in Hong Kong of 17 April 2021, |
| --- | --- |

—

having regard to the statement by the Spokesperson of the VP/HR on the sentencing of pro-democracy activists in Hong Kong of 17 April 2021,

| — | having regard to the statement by the Spokesperson of the VP/HR on the sentencing of journalists, lawyers and human rights defenders of 29 December 2020, |
| --- | --- |

—

having regard to the statement by the Spokesperson of the VP/HR on the sentencing of journalists, lawyers and human rights defenders of 29 December 2020,

| — | having regard to the announcement by the Spokesperson of the Ministry of Foreign Affairs of the People’s Republic of China on sanctions on relevant EU entities and personnel of 22 March 2021, |
| --- | --- |

—

having regard to the announcement by the Spokesperson of the Ministry of Foreign Affairs of the People’s Republic of China on sanctions on relevant EU entities and personnel of 22 March 2021,

| — | having regard to the joint statement by President Michel and President von der Leyen on defending EU interests and values in a complex and vital partnership following the 22nd EU-China summit that took place on 22 June 2020, |
| --- | --- |

—

having regard to the joint statement by President Michel and President von der Leyen on defending EU interests and values in a complex and vital partnership following the 22nd EU-China summit that took place on 22 June 2020,

| — | having regard to the joint statement of the 21st EU-China summit of 9 April 2019, |
| --- | --- |

—

having regard to the joint statement of the 21st EU-China summit of 9 April 2019,

| — | having regard to the joint communication from the Commission and the VP/HR of 12 March 2019 entitled ‘EU-China — A strategic outlook’(JOIN(2019)0005), |
| --- | --- |

—

having regard to the joint communication from the Commission and the VP/HR of 12 March 2019 entitled ‘EU-China — A strategic outlook’(JOIN(2019)0005),

| — | having regard to Article 36 of the Constitution of the People’s Republic of China, which guarantees all citizens the right to freedom of religious belief, and to Article 4 thereof, which upholds the rights of minority ethnicities, |
| --- | --- |

—

having regard to Article 36 of the Constitution of the People’s Republic of China, which guarantees all citizens the right to freedom of religious belief, and to Article 4 thereof, which upholds the rights of minority ethnicities,

| — | having regard to the UN experts’ call of 26 June 2020 for decisive measures to protect fundamental freedoms in China, |
| --- | --- |

—

having regard to the UN experts’ call of 26 June 2020 for decisive measures to protect fundamental freedoms in China,

| — | having regard to the International Covenant on Civil and Political Rights of 16 December 1966, which China signed in 1998, but which it has never ratified, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights of 16 December 1966, which China signed in 1998, but which it has never ratified,

| — | having regard to the Rome Statute of the International Criminal Court, |
| --- | --- |

—

having regard to the Rome Statute of the International Criminal Court,

| — | having regard to the UN Convention on the Prevention and Punishment of the Crime of Genocide, |
| --- | --- |

—

having regard to the UN Convention on the Prevention and Punishment of the Crime of Genocide,

| — | having regard to the Protocol of 2014 to the International Labour Organization (ILO) Forced Labour Convention of 1930, which has not been signed by China, |
| --- | --- |

—

having regard to the Protocol of 2014 to the International Labour Organization (ILO) Forced Labour Convention of 1930, which has not been signed by China,

| — | having regard to the Universal Declaration of Human Rights of 1948, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights of 1948,

| — | having regard to Rule 132(2) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 132(2) and (4) of its Rules of Procedure,

| A. | whereas the promotion of and respect for human rights, democracy and the rule of law should remain at the centre of the long-standing relationship between the EU and China, in line with the EU’s commitment to upholding these values in its external action and China’s expressed interest in adhering to them in its own development and international cooperation; |
| --- | --- |

A.

whereas the promotion of and respect for human rights, democracy and the rule of law should remain at the centre of the long-standing relationship between the EU and China, in line with the EU’s commitment to upholding these values in its external action and China’s expressed interest in adhering to them in its own development and international cooperation;

| B. | whereas on 7 December 2020 the Council adopted Regulation (EU) 2020/1998 establishing the EU Global Human Rights Sanctions Regime, which enables the EU to impose restrictive measures on targeted individuals, entities and bodies — including states and non-state actors — responsible for, involved in or associated with serious human rights violations and abuses worldwide; whereas it is important to emphasise that the EU has a responsibility to make use of this regulation in the event of massive human rights violations; |
| --- | --- |

B.

whereas on 7 December 2020 the Council adopted Regulation (EU) 2020/1998 establishing the EU Global Human Rights Sanctions Regime, which enables the EU to impose restrictive measures on targeted individuals, entities and bodies — including states and non-state actors — responsible for, involved in or associated with serious human rights violations and abuses worldwide; whereas it is important to emphasise that the EU has a responsibility to make use of this regulation in the event of massive human rights violations;

| C. | whereas on 22 March 2021 the EU Foreign Affairs Council adopted restrictive measures under the EU Global Human Rights Sanctions Regime on Zhu Hailun, former Deputy Head of the 13th People’s Congress of the Xinjiang Uyghur Autonomous Region (XUAR), Wang Junzheng, Party Secretary of the Xinjiang Production and Construction Corps (XPCC) and Deputy Secretary of the Party Committee of China’s XUAR, Wang Mingshan, Member of the Standing Committee of the Party Committee of the XUAR and Secretary of the Political and Legal Affairs Committee of the XUAR, and Chen Mingguo, Director of the Xinjiang Public Security Bureau (XPSB) and Vice-Chair of the XUAR People’s Government, and on the XPCC Public Security Bureau, which runs the detention centres in Xinjiang; whereas these four individuals and one entity are responsible for serious human rights violations, including the large-scale arbitrary detention and degrading treatment of Uyghurs and people from other Muslim ethnic minorities in XUAR; |
| --- | --- |

C.

whereas on 22 March 2021 the EU Foreign Affairs Council adopted restrictive measures under the EU Global Human Rights Sanctions Regime on Zhu Hailun, former Deputy Head of the 13th People’s Congress of the Xinjiang Uyghur Autonomous Region (XUAR), Wang Junzheng, Party Secretary of the Xinjiang Production and Construction Corps (XPCC) and Deputy Secretary of the Party Committee of China’s XUAR, Wang Mingshan, Member of the Standing Committee of the Party Committee of the XUAR and Secretary of the Political and Legal Affairs Committee of the XUAR, and Chen Mingguo, Director of the Xinjiang Public Security Bureau (XPSB) and Vice-Chair of the XUAR People’s Government, and on the XPCC Public Security Bureau, which runs the detention centres in Xinjiang; whereas these four individuals and one entity are responsible for serious human rights violations, including the large-scale arbitrary detention and degrading treatment of Uyghurs and people from other Muslim ethnic minorities in XUAR;

| D. | whereas, just a few moments after the approval of the EU list, the Spokesperson of the Foreign Ministry of the People’s Republic of China announced the adoption of sanctions on five MEPs, Reinhard Bütikofer, Michael Gahler, Raphaël Glucksmann, Ilhan Kyuchyuk and Miriam Lexmann, Parliament’s Subcommittee on Human Rights, 3 MPs from EU Member States (Sjoerd Wiemer Sjoerdsma, Samuel Cogolati and Dovile Sakaliene), the Political and Security Committee of the Council of the EU, comprising the Ambassadors of the 27 EU Member States, two scholars (Adrian Zenz and Björn Jerdén) and two think tanks (Mercator Institute for China Studies (MERICS) in Germany and the Alliance of Democracies Foundation in Denmark) for ‘severely harming China’s sovereignty and interests and maliciously spreading lies and disinformation’; |
| --- | --- |

D.

whereas, just a few moments after the approval of the EU list, the Spokesperson of the Foreign Ministry of the People’s Republic of China announced the adoption of sanctions on five MEPs, Reinhard Bütikofer, Michael Gahler, Raphaël Glucksmann, Ilhan Kyuchyuk and Miriam Lexmann, Parliament’s Subcommittee on Human Rights, 3 MPs from EU Member States (Sjoerd Wiemer Sjoerdsma, Samuel Cogolati and Dovile Sakaliene), the Political and Security Committee of the Council of the EU, comprising the Ambassadors of the 27 EU Member States, two scholars (Adrian Zenz and Björn Jerdén) and two think tanks (Mercator Institute for China Studies (MERICS) in Germany and the Alliance of Democracies Foundation in Denmark) for ‘severely harming China’s sovereignty and interests and maliciously spreading lies and disinformation’;

| E. | whereas, according to the Spokesperson’s press release, the individuals concerned and their families are prohibited from entering mainland China, Hong Kong and Macau, and whereas they, and any companies or institutions associated with them, are also prohibited from doing business with China; |
| --- | --- |

E.

whereas, according to the Spokesperson’s press release, the individuals concerned and their families are prohibited from entering mainland China, Hong Kong and Macau, and whereas they, and any companies or institutions associated with them, are also prohibited from doing business with China;

| F. | whereas, a few days later, China adopted sanctions against MPs, entities and think tanks in the UK, Canada and the US, which had also introduced measures against human rights abuses in Xinjiang; |
| --- | --- |

F.

whereas, a few days later, China adopted sanctions against MPs, entities and think tanks in the UK, Canada and the US, which had also introduced measures against human rights abuses in Xinjiang;

| G. | whereas the Chinese measures constitute an attack against the European Union and its Parliament as a whole, the heart of European democracy and values, as well as an attack against freedom of research; |
| --- | --- |

G.

whereas the Chinese measures constitute an attack against the European Union and its Parliament as a whole, the heart of European democracy and values, as well as an attack against freedom of research;

| H. | whereas, while the EU’s sanctions target human rights violations and are based on legitimate and proportionate measures embedded in international law, China’s sanctions lack any legal justification, are entirely unsubstantiated and arbitrary and target the criticism of such human rights violations; whereas the sanctions are clearly an attempt to deter the EU from continuing its work and action against human rights abuses in China; |
| --- | --- |

H.

whereas, while the EU’s sanctions target human rights violations and are based on legitimate and proportionate measures embedded in international law, China’s sanctions lack any legal justification, are entirely unsubstantiated and arbitrary and target the criticism of such human rights violations; whereas the sanctions are clearly an attempt to deter the EU from continuing its work and action against human rights abuses in China;

| I. | whereas China has a track record of human rights violations that eschew the country’s bilateral and multilateral commitments in these areas, and whereas authoritative reports have stated that the human rights situation in China is at its worst since the Tiananmen Square massacre; whereas China has regularly submitted resolutions to the UN Human Rights Council aimed at making ‘sovereignty, non-interference and mutual respect’ fundamental non-negotiable principles and rendering the promotion and protection of human rights of individuals an afterthought; |
| --- | --- |

I.

whereas China has a track record of human rights violations that eschew the country’s bilateral and multilateral commitments in these areas, and whereas authoritative reports have stated that the human rights situation in China is at its worst since the Tiananmen Square massacre; whereas China has regularly submitted resolutions to the UN Human Rights Council aimed at making ‘sovereignty, non-interference and mutual respect’ fundamental non-negotiable principles and rendering the promotion and protection of human rights of individuals an afterthought;

| J. | whereas in December 2020 the EU and China agreed in principle to the EU-China Comprehensive Agreement on Investment (CAI); whereas the ability of the European Parliament to duly analyse the CAI is significantly hindered by the Chinese sanctions, which prevent, as a minimum, the Subcommittee on Human Rights from working with Chinese experts; whereas it is not acceptable to deal with trade and investment relations outside the general context of human rights issues and the broader political relations; |
| --- | --- |

J.

whereas in December 2020 the EU and China agreed in principle to the EU-China Comprehensive Agreement on Investment (CAI); whereas the ability of the European Parliament to duly analyse the CAI is significantly hindered by the Chinese sanctions, which prevent, as a minimum, the Subcommittee on Human Rights from working with Chinese experts; whereas it is not acceptable to deal with trade and investment relations outside the general context of human rights issues and the broader political relations;

| K. | whereas the imposition of sanctions by China is the latest episode of a gradual move of the Chinese Communist Party (CCP) leadership towards a confrontational approach, including by targeting the EU with disinformation and cyber-attacks, while EU-China relations are increasingly strained on account of the actions against the Uyghur people and other ethnic minorities, the crackdown on democracy in Hong Kong and the increasingly confrontational approach in the Taiwan Strait; whereas given that the existing EU-China Strategy has revealed its limitations, EU-China relations may not continue business as usual; |
| --- | --- |

K.

whereas the imposition of sanctions by China is the latest episode of a gradual move of the Chinese Communist Party (CCP) leadership towards a confrontational approach, including by targeting the EU with disinformation and cyber-attacks, while EU-China relations are increasingly strained on account of the actions against the Uyghur people and other ethnic minorities, the crackdown on democracy in Hong Kong and the increasingly confrontational approach in the Taiwan Strait; whereas given that the existing EU-China Strategy has revealed its limitations, EU-China relations may not continue business as usual;

| L. | whereas the Chinese sanctions against the MEPs have been followed by the decision of the Russian authorities of 30 April 2021 to impose sanctions against eight EU nationals, including the President of the European Parliament, David Sassoli, and Vice-President of the Commission Věra Jourová; |
| --- | --- |

L.

whereas the Chinese sanctions against the MEPs have been followed by the decision of the Russian authorities of 30 April 2021 to impose sanctions against eight EU nationals, including the President of the European Parliament, David Sassoli, and Vice-President of the Commission Věra Jourová;

| M. | whereas since the launch of the Chinese Government’s ‘Strike hard against violent terrorism’ campaign in 2014, which mainly targets Uyghur minorities in Xinjiang, more than one million people have been imprisoned in detention camps, called ‘political re-education’ or ‘training’ centres, which constitutes the largest mass incarceration system in the world; whereas the Uyghur population is a victim of the Chinese Government’s efforts to eradicate their unique identity and the right to existence as a population through torture, enforced disappearance, mass surveillance, cultural and religious erasure, the forced sterilisation of women, sexual violence, violations of reproductive rights, and family separation; whereas human rights organisations have assessed that these offences could constitute crimes against humanity under international law; |
| --- | --- |

M.

whereas since the launch of the Chinese Government’s ‘Strike hard against violent terrorism’ campaign in 2014, which mainly targets Uyghur minorities in Xinjiang, more than one million people have been imprisoned in detention camps, called ‘political re-education’ or ‘training’ centres, which constitutes the largest mass incarceration system in the world; whereas the Uyghur population is a victim of the Chinese Government’s efforts to eradicate their unique identity and the right to existence as a population through torture, enforced disappearance, mass surveillance, cultural and religious erasure, the forced sterilisation of women, sexual violence, violations of reproductive rights, and family separation; whereas human rights organisations have assessed that these offences could constitute crimes against humanity under international law;

| N. | whereas the repression of the political opposition in Hong Kong has continued to worsen since Parliament’ resolution of 21 January 2021, with numerous sentences against pro-democracy activists and political representatives, such as Joshua Wong, Martin Lee, Jimmy Lai, Andy Li and Lester Shum, for their peaceful involvement in protests, and in some cases even with no evidence of any active role in the riots; whereas in March this year changes were introduced to Hong Kong’s electoral system in what is the most significant alteration to Hong Kong’s political system, adding a requirement of patriotism to the mainland and introducing a concentration of power and influence in the Hong Kong Election Committee, which will lead to a drastic reduction in the proportion of directly elected representatives in the Hong Kong Legislative Council; |
| --- | --- |

N.

whereas the repression of the political opposition in Hong Kong has continued to worsen since Parliament’ resolution of 21 January 2021, with numerous sentences against pro-democracy activists and political representatives, such as Joshua Wong, Martin Lee, Jimmy Lai, Andy Li and Lester Shum, for their peaceful involvement in protests, and in some cases even with no evidence of any active role in the riots; whereas in March this year changes were introduced to Hong Kong’s electoral system in what is the most significant alteration to Hong Kong’s political system, adding a requirement of patriotism to the mainland and introducing a concentration of power and influence in the Hong Kong Election Committee, which will lead to a drastic reduction in the proportion of directly elected representatives in the Hong Kong Legislative Council;

| O. | whereas 10 EU Member States still have active extradition treaties with China, whereby Uyghur people, citizens of Hong Kong, Tibetans and Chinese dissidents in Europe can be extradited to stand political trial in China; |
| --- | --- |

O.

whereas 10 EU Member States still have active extradition treaties with China, whereby Uyghur people, citizens of Hong Kong, Tibetans and Chinese dissidents in Europe can be extradited to stand political trial in China;

| P. | whereas Gui Minhai, a Hong Kong resident and Swedish citizen, remains incarcerated in spite of Parliament’s numerous calls for his immediate release; |
| --- | --- |

P.

whereas Gui Minhai, a Hong Kong resident and Swedish citizen, remains incarcerated in spite of Parliament’s numerous calls for his immediate release;

| 1. | Condemns in the strongest possible terms the baseless and arbitrary sanctions imposed by the Chinese authorities, which amount to an attack on freedom of speech, on academic freedom and on the international commitment to and understanding of universal human rights; urges the Chinese authorities to lift these unjustified sanctions; |
| --- | --- |

1.

| 2. | Stands in full solidarity with the Members of this Parliament, with its Subcommittee on Human Rights, and with all other individuals and entities affected by the Chinese sanctions, namely the Political and Security Committee of the Council of the European Union, the members of the national parliaments, the Swedish and German academics, and the think tanks in Germany and Denmark; expresses full solidarity with MPs from non-EU countries that have also been targeted by sanctions, such as in the UK, Canada, the US and Australia; |
| --- | --- |

2.

| 3. | Reaffirms that fundamental freedoms, freedom of expression, free participation in decision-making processes, academic freedom and the defence of human rights are pillars of our democracies and that these values will never be compromised in EU-China relations; stresses that intimidation attempts are futile and that, as elected Members of the European Parliament, we will continue to actively and unabatedly denounce and work on human rights violations and breaches of international law, and to urge the EU to keep respect for human rights at the core of all its external policies; considers these attacks from China to be a manifestation of the systemic rivalry dimension of EU-China relations; |
| --- | --- |

3.

| 4. | Strongly condemns this new attempt, and previous attempts, by the Chinese state and non-state actors to interfere in the democratic life of the European Union and of its Member States and spread disinformation in public debates; considers the sanctions to be part of an effort to police speech about China worldwide and to determine what kind of speech and discussions would be allowed globally, and sees this effort as part of a totalitarian threat; |
| --- | --- |

4.

| 5. | Reiterates its most serious concern about the various abuses of basic and human rights in China, violations of human dignity, of the rights to freedom of cultural expression and religious belief, and of the freedoms of speech, of peaceful assembly and of association, and in particular the systemic persecution of the Uyghur people, Tibetans, Mongols and other ethnic minorities, human rights defenders, social activists, religious groups, journalists, and petitioners and protesters against injustices, as well as the ever-increasing repression of all dissenting and opposition voices, especially in Hong Kong; |
| --- | --- |

5.

| 6. | Recalls its position from its resolution of 17 December 2020 that violations in Xinjiang amount to crimes against humanity and highlights the increasing evidence of such crimes; urges the EU and its Member States to intensify efforts to reach enough international support for an independent UN investigation on Xinjiang; therefore welcomes the listing of four Chinese individuals and one entity from China under the EU Global Human Rights Sanctions Regime, as they are responsible for serious human rights violations in China; urges the Commission, the Council and the Member States to take all the necessary measures and to use all means of leverage at their disposal, notably economic ones, to persuade the Chinese Government to close the camps and to end all human rights violations in Xinjiang and other places, such as Tibet; |
| --- | --- |

6.

| 7. | Regrets that several international companies, notably in the apparel and textiles sector, have been subject to an extensive and widespread boycott after expressing concern about the reports on forced labour in Xinjiang and taking the decision to cut supply-chain ties with Xinjiang and strongly condemns the aggressive political coercion exercised against them by the Chinese Government; reiterates its request that the Commission and the European External Action Service swiftly finalise a supply-chain business advisory with guidance for companies on the exposure to risk of using Uyghur forced labour and providing support in urgently identifying alternative sources of supply; |
| --- | --- |

7.

| 8. | Is concerned that the retaliatory measures against the EU and Member State institutions and their work on human rights is part of a deliberate strategy to weaken human rights internationally and redefine those rights in a way so that they would ultimately be emptied of their original meaning; regrets that the approach taken and tools used by the EU so far have not yielded tangible progress in China’s human rights record, which has only deteriorated over the last decade; urges the Commission to develop and implement a holistic EU strategy with a view to pursuing genuine progress on human rights in China; |
| --- | --- |

8.

| 9. | Considers that the Chinese retaliatory sanctions, which are not based on international law, constitute an important backsliding in EU-China relations; considers it crucial for the EU and all its institutions to stand united against this attack against European democracy and in defending our common values; calls on the Presidents of the Council and the Commission to issue a clear statement that China’s sanctions against elected politicians will not be tolerated; considers it appropriate and necessary that the VP/HR and EU Member States raise this issue in bilateral exchanges with their Chinese counterparts at all levels and asks that Parliament be kept informed of these efforts; |
| --- | --- |

9.

| 10. | Takes the position that any consideration of the EU-China Comprehensive Agreement on Investment (CAI), as well as any discussion on ratification by the European Parliament, has justifiably been frozen because of the Chinese sanctions in place; demands that China lift the sanctions before Parliament can deal with the CAI, without prejudice to the final outcome of the CAI ratification process; expects the Commission to consult with Parliament before taking any steps towards the conclusion and signature of the CAI; calls on the Commission to use the debate around the CAI as leverage to improve the protection of human rights and support for civil society in China and reminds the Commission that Parliament will take the human rights situation in China, including in Hong Kong, into account when asked to endorse the CAI; |
| --- | --- |

10.

| 11. | Highlights the urgent need to re-balance EU-China relations through the adoption of a toolbox of autonomous measures including: legislation against distortive effects of foreign subsidies on the internal market; an international procurement instrument; supply-chain legislation with mandatory due diligence requirements which also provide for an import ban on forced labour goods; an enhanced and strengthened EU Foreign Investment Screening Regulation; an effective anti-coercion instrument; additional targeted measures under the EU Global Human Rights Sanctions Regime, as necessary, in order to continue addressing repressions in Xinjiang and Hong Kong and aimed at China putting an end to all the violations; adequately address China’s cybersecurity threats, hybrid attacks and the civil-military fusion programme; |
| --- | --- |

11.

| 12. | Urges the Chinese Government to ratify and implement International Labour Organization (ILO) Convention Nos 29 on Forced Labour, 105 on the Abolition of Forced Labour, 87 on Freedom of Association and Protection of the Right to Organise, and 98 on the Right to Organise and to Collective Bargaining; urges China to ratify the International Covenant on Civil and Political Rights; |
| --- | --- |

12.

| 13. | Calls on the Chinese and the Hong Kong authorities to restore confidence in Hong Kong’s democratic process and to immediately end the persecution of those who promote democratic values; deplores the lack of unity in the Council of the EU over the adoption of measures to address the crackdown on democracy in Hong Kong; urges the VP/HR and the Council to propose and adopt conclusions on Hong Kong irrespective of a lack of unanimous support and demands that Member States’ extradition treaties with China be suspended; |
| --- | --- |

13.

| 14. | Underlines the need to set up a system to check whether entities operating on the EU internal market are directly or indirectly involved in human rights abuses in Xinjiang and to introduce trade-related measures such as exclusion from public procurement and other sanctions; insists that the procurement of exploitative technology which is deployed in situations of violations of human rights should be prevented in the EU at all levels and in all EU institutions; |
| --- | --- |

14.

| 15. | Calls on the European Council to take a firm stance against the Chinese sanctions and to adopt conclusions on the matter; takes the view that these sanctions, as well as the negative evolution and deteriorations within China and of China as an international actor, should be adequately reflected and responded to in the ongoing review of the joint communication ‘EU-China — A Strategic Outlook’ with a view to moving towards a more assertive EU-China strategy with the goal of uniting all Member States; |
| --- | --- |

15.

| 16. | Calls on the EU to increase its coordination and cooperation with the US within the framework of a Transatlantic Dialogue on China, including in regards to a coordinated approach to measures to address human rights violations and requests that this dialogue provide a strong parliamentary dimension; |
| --- | --- |

16.

| 17. | Considers that other trade and investment agreements with regional partners, including Taiwan, should not be held hostage to the suspension of the CAI ratification; |
| --- | --- |

17.

| 18. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, and the Government and Parliament of the People’s Republic of China. |
| --- | --- |

18.

---

(1)  Texts adopted, P9_TA(2021)0027.

(2)  Texts adopted, P9_TA(2020)0375.

(3)  OJ C 369, 11.10.2018, p. 156.

(4)  Texts adopted, P9_TA(2021)0012.

(5)  OJ L 99 I, 22.3.2021, p. 1.

(6)  OJ L 99 I, 22.3.2021, p. 25.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/176 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/176

---

P9_TA(2021)0256

Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (‘Schrems II’) — Case C-311/18

European Parliament resolution of 20 May 2021 on the ruling of the CJEU of 16 July 2020 — Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (‘Schrems II’), Case C-311/18 (2020/2789(RSP))

(2022/C 15/18)

The European Parliament,

| — | having regard to the Charter of Fundamental Rights of the European Union (‘the Charter’), particularly Articles 7, 8, 16, 47 and 52 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union (‘the Charter’), particularly Articles 7, 8, 16, 47 and 52 thereof,

| — | having regard to the judgment of the Court of Justice of 16 July 2020 in Case C-311/18 Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (Schrems II) (1), |
| --- | --- |

—

having regard to the judgment of the Court of Justice of 16 July 2020 in Case C-311/18 Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (Schrems II) (1),

| — | having regard to the judgment of the Court of Justice of 6 October 2015 in Case C-362/14 Maximillian Schrems v Data Protection Commissioner (‘Schrems I’) (2), |
| --- | --- |

—

having regard to the judgment of the Court of Justice of 6 October 2015 in Case C-362/14 Maximillian Schrems v Data Protection Commissioner (‘Schrems I’) (2),

| — | having regard to the judgment of the Court of Justice of 6 October 2020 in Case C-623/17 Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Others (3), |
| --- | --- |

—

having regard to the judgment of the Court of Justice of 6 October 2020 in Case C-623/17 Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Others (3),

| — | having regard to its resolution of 26 May 2016 on transatlantic data flows (4), |
| --- | --- |

—

having regard to its resolution of 26 May 2016 on transatlantic data flows (4),

| — | having regard to its resolution of 6 April 2017 on the adequacy of the protection afforded by the EU-US Privacy Shield (5), |
| --- | --- |

—

having regard to its resolution of 6 April 2017 on the adequacy of the protection afforded by the EU-US Privacy Shield (5),

| — | having regard to its resolution of 5 July 2018 on the adequacy of the protection afforded by the EU-US Privacy Shield (6), |
| --- | --- |

—

having regard to its resolution of 5 July 2018 on the adequacy of the protection afforded by the EU-US Privacy Shield (6),

| — | having regard to its resolution of 25 October 2018 on the use of Facebook users’ data by Cambridge Analytica and the impact on data protection (7), |
| --- | --- |

—

having regard to its resolution of 25 October 2018 on the use of Facebook users’ data by Cambridge Analytica and the impact on data protection (7),

| — | having regard to Commission Decision 2010/87/EU of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council (notified under document C(2010) 593) (8), |
| --- | --- |

—

having regard to Commission Decision 2010/87/EU of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council (notified under document C(2010) 593) (8),

| — | having regard to Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-U.S. Privacy Shield (notified under document C(2016) 4176) (9), |
| --- | --- |

—

having regard to Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-U.S. Privacy Shield (notified under document C(2016) 4176) (9),

| — | having regard to its resolution of 26 November 2020 on the EU Trade Policy Review (10), |
| --- | --- |

—

having regard to its resolution of 26 November 2020 on the EU Trade Policy Review (10),

| — | having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (11), in particular Chapter V thereof, |
| --- | --- |

—

having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (11), in particular Chapter V thereof,

| — | having regard to the Commission proposal for a regulation on Privacy and Electronic Communications (COM(2017)0010), having regard to the decision to enter into interinstitutional negotiations confirmed by Parliament’s plenary on 25 October 2017, and to the Council’s general approach adopted on 10 February 2021 (6087/21), |
| --- | --- |

—

having regard to the Commission proposal for a regulation on Privacy and Electronic Communications (COM(2017)0010), having regard to the decision to enter into interinstitutional negotiations confirmed by Parliament’s plenary on 25 October 2017, and to the Council’s general approach adopted on 10 February 2021 (6087/21),

| — | having regard to the European Data Protection Board (EDPB) Recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data and the EDPB Recommendations 02/2020 on the European Essential Guarantees for surveillance measures, as well the EDPB statement of 19 November 2020 on the ePrivacy Regulation and the future role of Supervisory Authorities and the EDPB, |
| --- | --- |

—

having regard to the European Data Protection Board (EDPB) Recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data and the EDPB Recommendations 02/2020 on the European Essential Guarantees for surveillance measures, as well the EDPB statement of 19 November 2020 on the ePrivacy Regulation and the future role of Supervisory Authorities and the EDPB,

| — | having regard to Rule 132(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 132(2) of its Rules of Procedure,

| A. | whereas the ability to transfer personal data across borders has the potential to be a key driver of innovation, productivity and economic competitiveness; whereas this is even more important in the context of the current COVID-19 pandemic as such transfers are essential to ensure the continuity of business and government operations as well as social interactions; whereas they can also support exit strategies from the pandemic and contribute to economic recovery; |
| --- | --- |

A.

whereas the ability to transfer personal data across borders has the potential to be a key driver of innovation, productivity and economic competitiveness; whereas this is even more important in the context of the current COVID-19 pandemic as such transfers are essential to ensure the continuity of business and government operations as well as social interactions; whereas they can also support exit strategies from the pandemic and contribute to economic recovery;

| B. | whereas the Court of Justice of the European Union (CJEU) in the ‘Schrems I’ judgment invalidated the Commission decision on the Safe Harbour based on its findings, and pointed out that indiscriminate access by intelligence authorities to the content of electronic communications violates the essence of the right to confidentiality of communications provided for in Article 7 of the Charter; |
| --- | --- |

B.

whereas the Court of Justice of the European Union (CJEU) in the ‘Schrems I’ judgment invalidated the Commission decision on the Safe Harbour based on its findings, and pointed out that indiscriminate access by intelligence authorities to the content of electronic communications violates the essence of the right to confidentiality of communications provided for in Article 7 of the Charter;

| C. | whereas in the ‘Schrems II’ judgment the Court found that the United States (US) does not provide sufficient legal remedies against mass surveillance for non-US nationals and that this violates the essence of the right to a legal remedy as provided for in Article 47 of the Charter; |
| --- | --- |

C.

whereas in the ‘Schrems II’ judgment the Court found that the United States (US) does not provide sufficient legal remedies against mass surveillance for non-US nationals and that this violates the essence of the right to a legal remedy as provided for in Article 47 of the Charter;

| D. | whereas the General Data Protection Regulation (GDPR) applies to all companies processing personal data of data subjects in the Union, where the processing activities are related to the offering of goods or services to such data subjects in the Union, or the monitoring of their behaviour as far as their behaviour takes place within the Union; |
| --- | --- |

D.

whereas the General Data Protection Regulation (GDPR) applies to all companies processing personal data of data subjects in the Union, where the processing activities are related to the offering of goods or services to such data subjects in the Union, or the monitoring of their behaviour as far as their behaviour takes place within the Union;

| E. | whereas European citizens’ data stored and transferred by telecoms operators and businesses are an essential resource which contributes to the EU’s strategic interests; |
| --- | --- |

E.

whereas European citizens’ data stored and transferred by telecoms operators and businesses are an essential resource which contributes to the EU’s strategic interests;

| F. | whereas dragnet mass surveillance by state actors is detrimental to the trust of European citizens, governments and businesses in digital services and by extension in the digital economy; |
| --- | --- |

F.

whereas dragnet mass surveillance by state actors is detrimental to the trust of European citizens, governments and businesses in digital services and by extension in the digital economy;

| G. | whereas consumer and other civil society organisations have limited resources, and enforcement of data protection rights and obligations cannot depend on their actions; whereas there is a patchwork of national procedures and practices, which is a challenge for the cooperation mechanism set out in the GDPR for cross-border complaints: whereas there is a lack of clear deadlines, a generally slow pace of proceedings, a lack of sufficient resources for supervisory authorities, in certain cases a lack of willingness or of efficient use of already allocated resources; whereas there is a current concentration of complaints against alleged infringements by big tech companies in the hands of a single national authority, which has led to an enforcement bottleneck; |
| --- | --- |

G.

whereas consumer and other civil society organisations have limited resources, and enforcement of data protection rights and obligations cannot depend on their actions; whereas there is a patchwork of national procedures and practices, which is a challenge for the cooperation mechanism set out in the GDPR for cross-border complaints: whereas there is a lack of clear deadlines, a generally slow pace of proceedings, a lack of sufficient resources for supervisory authorities, in certain cases a lack of willingness or of efficient use of already allocated resources; whereas there is a current concentration of complaints against alleged infringements by big tech companies in the hands of a single national authority, which has led to an enforcement bottleneck;

| H. | whereas the proceedings leading to this CJEU ruling also show the difficulty experienced by data subjects and consumers in defending their rights, thereby creating a chilling effect on their ability to defend their rights before the Irish Data Protection Commissioner; |
| --- | --- |

H.

whereas the proceedings leading to this CJEU ruling also show the difficulty experienced by data subjects and consumers in defending their rights, thereby creating a chilling effect on their ability to defend their rights before the Irish Data Protection Commissioner;

| I. | whereas in its resolution of 25 October 2018, Parliament, pointing to the failure of the US to meet the deadline of 1 September 2018 to be fully compliant with the Privacy Shield, has already called on the Commission to suspend the Privacy Shield until the US authorities comply with its terms; |
| --- | --- |

I.

whereas in its resolution of 25 October 2018, Parliament, pointing to the failure of the US to meet the deadline of 1 September 2018 to be fully compliant with the Privacy Shield, has already called on the Commission to suspend the Privacy Shield until the US authorities comply with its terms;

| J. | whereas data subjects’ rights guaranteed under EU data protection law should be respected regardless of the level of risk which they incur through personal data processing, including when it comes to transfer of personal data to third countries; whereas data controllers should always be accountable for compliance with data protection obligations, including demonstrating compliance for any data processing whatever its nature, scope, context, the purposes of the processing and the risks for data subjects; |
| --- | --- |

J.

whereas data subjects’ rights guaranteed under EU data protection law should be respected regardless of the level of risk which they incur through personal data processing, including when it comes to transfer of personal data to third countries; whereas data controllers should always be accountable for compliance with data protection obligations, including demonstrating compliance for any data processing whatever its nature, scope, context, the purposes of the processing and the risks for data subjects;

| K. | whereas, to date and despite the significant CJEU case law developments over the past five years as well as the effective application of the GDPR since 25 May 2018, there has been no decision taken by supervisory authorities imposing corrective measures in relation to personal data transfers as per the GDPR consistency mechanism; whereas no meaningful decision imposing corrective measures or fines has been adopted by supervisory authorities at national level in relation to personal data transfer to third countries; |
| --- | --- |

K.

whereas, to date and despite the significant CJEU case law developments over the past five years as well as the effective application of the GDPR since 25 May 2018, there has been no decision taken by supervisory authorities imposing corrective measures in relation to personal data transfers as per the GDPR consistency mechanism; whereas no meaningful decision imposing corrective measures or fines has been adopted by supervisory authorities at national level in relation to personal data transfer to third countries;

| L. | whereas on his first day in office US President Biden appointed the Deputy Assistant Secretary for Services at the US Department of Commerce, who will be the chief negotiator on commercial data transfers with the EU; whereas the President’s nominee for US Secretary of Commerce, Gina Raimondo, called the swift conclusion of the negotiations on a successor agreement for the Privacy Shield a ‘top priority’ during a Senate confirmation hearing; |
| --- | --- |

L.

whereas on his first day in office US President Biden appointed the Deputy Assistant Secretary for Services at the US Department of Commerce, who will be the chief negotiator on commercial data transfers with the EU; whereas the President’s nominee for US Secretary of Commerce, Gina Raimondo, called the swift conclusion of the negotiations on a successor agreement for the Privacy Shield a ‘top priority’ during a Senate confirmation hearing;

General observations

| 1. | Takes note of the CJEU ruling of 16 July 2020, in which the Court upheld, in principle, the validity of Decision 2010/87/EU on standard contractual clauses (SCCs), which are the most widely used mechanism for international data transfers; notes further that the Court invalidated Commission Decision (EU) 2016/1250 on the adequacy of the protection provided by the EU-US Privacy Shield; notes that to date no sustainable single mechanism to guarantee the legal transfer of commercial personal data between the EU and the US has withstood a legal challenge at the CJEU; |
| --- | --- |

1.

| 2. | Takes note that the CJEU found SCCs an effective mechanism to ensure compliance with the level of protection provided in the EU, but required that a controller/processor established in the European Union and the recipient of personal data are required to verify, prior to any transfer, whether the level of protection required by EU law is respected in the third country concerned; recalls that this includes assessing the legal regime concerning public authorities’ access to personal data, in order to ensure that the data subjects and their transferred data are not at risk of being subject to US surveillance programmes allowing bulk collection of personal data; recalls that where the recipient is unable to comply with the SCCs, the CJEU ruled that the controllers or processors are obliged to suspend the transfers of data and/or to terminate the contract; notes however, that many companies, especially SMEs, do not possess the necessary knowledge or capacity to conduct such verification, which can lead to result business disruptions; |
| --- | --- |

2.

| 3. | Believes that the CJEU ruling, while focusing on the level of data protection afforded to data subjects in the EU whose data were transferred to the US under the Privacy Shield mechanism, also has implications for adequacy decisions concerning other third countries, including the United Kingdom; reaffirms the need for legal clarity and certainty, as the ability to safely transfer personal data across borders has become increasingly important for individuals for their personal data protection and rights, as well as for all types of organisations that deliver goods and services internationally and for businesses regarding the legal regime under which they operate; underlines, however, that until revoked, replaced or declared invalid by the CJEU, existing adequacy decisions remain in force; |
| --- | --- |

3.

| 4. | Is disappointed that the Irish Data Protection Commissioner (DPC) brought proceedings against Maximilian Schrems and Facebook at the Irish High Court, rather than taking a decision within its powers pursuant to Article 4 of Decision 2010/87/EU and Article 58 of the GDPR; recalls, however, that the DPC made use of the legal avenue that allows data protection authorities (DPAs) to bring concerns about the validity of a Commission implementing decision to the attention of a national judge in view of triggering a reference for preliminary ruling to the CJEU; expresses deep concern that several complaints against breaches of the GDPR filed on 25 May 2018, the day the GDPR became applicable, and other complaints from privacy organisations and consumer groups, have not yet been decided by the DPC, which is the lead authority for these cases; is concerned that the DPC interprets ‘without delay’ in Article 60(3) of the GDPR — contrary to the legislators’ intention — as longer than a matter of months; is worried that supervisory authorities have not taken proactive steps under Article 61 and 66 of the GDPR to force the DPC to comply with its obligations under the GDPR; is also concerned about the lack of tech specialists working for the DPC and their use of outdated systems; deplores the implications of the unsuccessful attempt by the DPC to shift the costs of the judicial procedure on to the defendant, which would have created a massive chilling effect; calls on the Commission to start infringement procedures against Ireland for not properly enforcing the GDPR; |
| --- | --- |

4.

| 5. | Is concerned about the insufficient level of enforcement of the GDPR, particularly in the area of international transfers; expresses concerns at the lack of prioritisation and overall scrutiny by national supervisory authorities with regard to personal data transfers to third countries, despite the significant CJEU case law developments over the past five years; deplores the absence of meaningful decisions and corrective measures in this regard, and urges the EDPB and national supervisory authorities to include personal data transfers as part of their audit, compliance and enforcement strategies; points out that harmonised binding administrative procedures on the representation of data subjects and admissibility are needed to provide legal certainty and deal with cross-border complaints; |
| --- | --- |

5.

| 6. | Takes note of the Commission’s draft implementing decision on standard contractual clauses for the transfer of personal data to third countries; urges the EDPB to publish further guidance on international data transfers for companies, in particular for SMEs, including a checklist for the assessment of transfers, tools to evaluate whether governments are allowed to or can access data, and information on the supplementary measures required for transfers using SCCs; invites the EDPB to also seek input from independent academics regarding potentially conflicting national law in major trading partners; |
| --- | --- |

6.

| 7. | Recalls that in line with EDPB Guidelines 2/2018 (12) on derogations of Article 49 under Regulation (EU) 2016/679, when transfers take place outside the framework of adequacy decisions or other instruments providing appropriate safeguards but are relying on derogations for specific situations pursuant to Article 49 GDPR, they must be interpreted strictly so that the exception does not become the rule; notes however, that since the invalidation of the EU-US Privacy Shield, transatlantic data flows have been maintained for digital advertising purposes in spite of doubts as to their legal basis for transfers for advertising purposes; calls on the EDPB and DPAs to ensure consistent interpretation in the application and control of such derogations in line with the EDPB Guidelines; |
| --- | --- |

7.

| 8. | Welcomes international discussions on GDPR and Law Enforcement Directive (LED) (13) compliant cross-border personal data flows; stresses that the GDPR, the LED, the e-Privacy rules and other current and future measures protecting the fundamental rights to privacy and personal data protection must not be undermined by or incorporated into international trade agreements; urges the Commission to follow and not deviate from the EU’s 2018 horizontal position (14) and to take into account the relevant commitments of third countries under trade law when assessing their adequacy, including for onward transfers of data; |
| --- | --- |

8.

Standard contractual clauses

| 9. | Takes note of the Commission draft implementing decision and draft SCCs; welcomes the fact that the Commission has sought feedback from stakeholders by organising a public consultation on this draft; notes that the EDPB and the EDPS, by means of a joint opinion issued on 15 January 2021 (15), commented positively on the draft SCCs but proposed some further improvements; expects the Commission to take the input received into account before launching the comitology procedure; |
| --- | --- |

9.

| 10. | Recalls that a large number of SMEs make use of SCCs; stresses that all types of companies urgently need clear guidelines and assistance in order to ensure legal certainty in the application and interpretation of the Court ruling; |
| --- | --- |

10.

| 11. | Takes note of the EDPB Recommendations 01/2020 (16) on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data; welcomes the fact that the EDPB organised a public consultation on its recommendations; is concerned about potential conflicts between these recommendations and the Commission proposal for SCCs; invites the Commission and the EDPB to cooperate on the finalisation of their respective documents to ensure legal certainty following the CJEU ruling; considers that the Commission should follow the guidance of the EDPB; |
| --- | --- |

11.

| 12. | Welcomes in particular the EDPB recommendations concerning the necessity for controllers to rely on objective factors when assessing whether anything in the law or practice of the third country may impinge on the effectiveness of the appropriate safeguards in the transfer tools for the transfers in question, rather than on subjective factors, such as the likelihood of public authorities’ obtaining access to the data in a manner not in line with EU standards, which have been repeatedly rejected by the CJEU; calls on the Commission, in this regard, to ensure full alignment of its proposal for SCCs with the applicable CJEU case law; |
| --- | --- |

12.

| 13. | Underlines that it is crucial for EU companies transferring personal data out of the EU to be able to rely on solid mechanisms compliant with the CJEU judgement; believes, in this regard, that the current Commission proposal for a SCC template should duly take into account all the relevant recommendations of the EDPB; supports the creation of a tool box of supplementary measures to choose from, e.g. security and data protection certification, encryption safeguards and pseudonymisation, that are accepted by regulators, and publicly available resources on the relevant legislation of the EU’s main trading partners; |
| --- | --- |

13.

| 14. | Points out that for data controllers that fall within the scope of the US Foreign Intelligence Surveillance Act (FISA), a transfer of personal data from the Union is not possible under these SCCs, due to the high risk of mass surveillance; expects, if no arrangement with the US is swiftly found which guarantees an essentially equivalent and therefore adequate level of protection to that provided by the GDPR and the Charter, that these transfers will be suspended until the situation is resolved; underlines the CJEU finding that neither Section 702 of the FISA, nor Executive Order 12333 (E.O. 12333), read in conjunction with Presidential Policy Directive 28 (PPD-28), correlate to the minimum safeguards resulting under EU law from the principle of proportionality, with the consequence that the surveillance programmes based on those provisions cannot be regarded as limited to what is strictly necessary; stresses the need to address the problems identified by the Court ruling in a sustainable manner in order to provide adequate protection of personal data for data subjects; recalls that no contract between companies can provide protection from indiscriminate access by intelligence authorities to the content of electronic communications, nor can any contract between companies provide sufficient legal remedies against mass surveillance; emphasises that this requires a reform of US surveillance laws and practices with a view to ensuring that access of US security authorities to data transferred from the EU is limited to what is necessary and proportionate, and that European data subjects have access to effective judicial redress before US courts; |
| --- | --- |

14.

| 15. | Highlights the limited bargaining power and legal and financial capacity of European SMEs as well as of not-for-profit organisations and associations, which, through the mandated third country self-adequacy assessments, are expected to navigate the complex legal frameworks of different third countries; urges the Commission and the EDPB to provide guidance on the practical use of reliable supplementary measures, especially for SMEs; |
| --- | --- |

15.

| 16. | Urges DPAs to comply with their obligations, underlined by the CJEU ruling, to ensure a proper and swift enforcement of the GDPR by closely monitoring the use of SCCs; calls on the DPAs to assist companies in complying with the case law of the Court; urges the DPAs to also use the full range of their investigatory and corrective powers pursuant to Article 58 of the GDPR in cases where data exporters transfer personal data despite the existence of laws in the third country of destination preventing the data importer from complying with the SCCs and the lack of effective supplementary measures; recalls that the CJEU’s found that every supervisory authority is ‘required to execute its responsibility for ensuring that the GDPR is fully enforced’; |
| --- | --- |

16.

Privacy shield

| 17. | Notes that the CJEU found that the EU-US Privacy Shield does not guarantee an essentially equivalent, and therefore adequate, level of protection compared to that provided by the GDPR and the Charter, particularly because of the bulk access by US public authorities to personal data transferred under the Privacy Shield, which fails to comply with the principles of necessity and proportionality, and because of the absence of actionable rights for EU data subjects before US courts or any other independent authority acting as a tribunal against the US authorities; expects the current US administration to be more engaged in complying with its obligations under possible future transfer mechanisms than previous administrations, which showed a lack of political commitment to compliance with and enforcement of the Safe Harbour rules and enforcement of the Privacy Shield rules; |
| --- | --- |

17.

| 18. | Points out that some companies, in reaction to the Schrems II ruling, have hastily revised their privacy notices and third-party contracts referring to their commitments under the Privacy Shield without assessing the best measures to transfer data lawfully; |
| --- | --- |

18.

| 19. | Deplores the fact that despite Parliament’s numerous calls on the Commission in its resolutions of 2016, 2017 and 2018 to take all the necessary measures to ensure that the Privacy Shield fully complied with the GDPR and the Charter, the Commission has failed to act in accordance with Article 45(5) of the GDPR; regrets that the Commission has ignored Parliament’s calls to suspend the Privacy Shield until the US authorities comply with its terms, which underlined the risk of the invalidation of the Privacy Shield by the CJEU; recalls that problems with the functioning of the Privacy Shield were repeatedly raised by the Article 29 Working Party and EDPB; |
| --- | --- |

19.

| 20. | Deplores that the Commission put the relations with the US before the interests of EU citizens, and that the Commission thereby left the task of defending EU law to individual citizens; |
| --- | --- |

20.

Mass surveillance and the legal framework

| 21. | Encourages the Commission to proactively monitor the use of mass surveillance technologies in the United States as well as in other third countries that are or could be the subject of an adequacy finding, such as the United Kingdom; urges the Commission not to adopt adequacy decisions concerning countries where mass surveillance laws and programmes do not meet the criteria of the CJEU, either in letter or spirit; |
| --- | --- |

21.

| 22. | Takes note of the recent entry into force in the US of the California Consumer Privacy Act (CCPA); takes note of related discussions and legislative proposals at the federal level; points out that, although they are steps in the right direction, neither CCPA nor any of the federal proposals so far meet the requirements of the GDPR for an adequacy finding; strongly encourages the US legislator to enact legislation that meets those requirements, and to thereby contribute to ensuring that US law provides an essentially equivalent level of protection to that currently guaranteed in the EU; |
| --- | --- |

22.

| 23. | Points out that such consumer data protection and privacy legislation will not by itself suffice to remedy the fundamental issues found by the Court on mass surveillance by US intelligence services and the insufficient access to remedies; encourages the US legislator to amend section 702 of the FISA, and the US President to amend EO 12333 and PPD-28, particularly with regard to mass surveillance and granting the same level of protection to EU and US citizens; encourages the US to provide mechanisms to ensure that individuals receive (delayed) notifications and are able to challenge improper surveillance under Section 702 and EO 12333, and establish a legally enshrined mechanism to ensure that non-US citizens have enforceable rights beyond the Judicial Redress Act; |
| --- | --- |

23.

| 24. | Recalls that the Member States continue to exchange personal data with the United States under the Terrorist Financing Tracking Program (TFTP), the EU-US Passenger Name Record (PNR) Agreement, the automatic exchange of tax information via the intergovernmental agreements implementing the US Foreign Tax Compliance Act (FATCA),which adversely affects ‘accidental Americans’, as referred to in Parliament’s resolution of 5 July 2018 on the adverse effects of the US Foreign Account Tax Compliance Act (FATCA) on EU citizens and in particular ‘accidental Americans’ (17); recalls that the US continues to have access to Member States’ law enforcement databases containing EU citizens’ fingerprints and DNA data; requests the Commission to analyse the impact of the Schrems I and II judgments on these data exchanges, and to present its analysis and how it intends to bring them in line with the judgments in public and in writing to the Committee on Civil Liberties, Justice and Home Affairs by 30 September 2021; |
| --- | --- |

24.

| 25. | Calls also on the Commission to analyse the situation of cloud providers falling under section 702 of the FISA who transfers data using SCCs; calls also on the Commission to analyse the effect on the rights granted under the EU-US Umbrella Agreement, including the right to judicial redress, considering that the US explicitly only grants this right to citizens of designated countries that permit data transfers to the US for commercial purposes; finds it unacceptable that the Commission has still not published its findings of the first joint review of the Umbrella Agreement, a year after the deadline, and calls on the Commission, if necessary, to without delay bring the agreement into line with the standards set by the CJEU judgments; |
| --- | --- |

25.

| 26. | Deems it necessary, in view of the marked gaps in the protection of data of European citizens transferred to the United States, to support investment in European data storage tools (e.g. cloud service) to reduce the dependence of the Union in storage capacities vis-à-vis third countries and to strengthen the Union’s strategic autonomy in terms of data management and protection; |
| --- | --- |

26.

Adequacy decisions

| 27. | Calls on the Commission to take all the measures necessary to ensure that any new adequacy decision with regard to the US fully complies with Regulation (EU) 2016/679, with the Charter, and every aspect of the CJEU judgements; recalls that adequacy frameworks significantly facilitate economic activity, in particular for SMEs and start-ups, which, unlike large companies, often do not possess the necessary financial, legal and technical capacity to make use of other transfer tools; calls on Member States to enter into no-spying agreements with the US; calls on the Commission to use its contacts with its US counterparts to convey the message that, if there is no modification of US surveillance laws and practices, the only feasible option to facilitate a future adequacy decision would be the conclusion of no-spying agreements with the Member States; |
| --- | --- |

27.

| 28. | Considers that any future adequacy decision by the Commission should not rely on a system of self-certification, as was the case with both Safe Harbour and the Privacy Shield; calls on the Commission to fully involve the EDPB in the assessment of compliance and enforcement of any new adequacy decision in relation to the US; calls on the Commission, in this regard, to agree with the US administration the measures necessary to allow the EDPB to fulfil this role effectively; expects the Commission to consider more seriously the European Parliament’s position on any new adequacy decision in relation to the US before adopting such a decision; |
| --- | --- |

28.

| 29. | Recalls that the Commission is currently reviewing all the adequacy decisions adopted under Directive EC 95/46/EC; stresses that the Commission should apply the stricter standards set by the GDPR and by the CJEU’s Schrems I and II judgments to assess whether an essentially equivalent level of protection to that provided by the GDPR, including in terms of access to an effective remedy and protection against undue access to personal data by the third country’s authorities is afforded; urges the Commission to finalise these reviews as a matter of urgency and to revoke or suspend any of pre-GDPR decisions if it finds that the third country in question does not provide an essentially equivalent level of protection and if the situation cannot be remedied; |
| --- | --- |

29.

| 30. | Considers that the Biden administration, through the appointment of an experienced privacy expert as chief negotiator on the successor to the Privacy Shield, showed commitment to finding a solution for commercial data transfers between the EU and the US as a matter of priority; expects the dialogue between the Commission and its US counterparts which began right after the CJEU ruling to be stepped up over the coming months; |
| --- | --- |

30.

| 31. | Calls on the Commission not to adopt any new adequacy decision in relation to the US, unless meaningful reforms are introduced, in particular for national security and intelligence purposes, which can be achieved through clear, legally sustainable, enforceable and non-discriminatory reform of US laws and practices; reiterates, in this regard, the importance of robust safeguards in the area of access to personal data by public authorities; calls on the Commission to put into practice its ‘geopolitical ambitions’ to enforce essentially equivalent data protection in the US and other third countries as in the EU; |
| --- | --- |

31.

| 32. | Recommends national data protection authorities suspend the transfer of personal data which may be subject to access by public authorities in the US if the Commission were to adopt any new adequacy decision in relation to the US in the absence of such meaningful reforms; |
| --- | --- |

32.

| 33. | Welcomes the fact that the Commission follows the criteria set out in the Article 29 Working Party Adequacy Referential under the GDPR (18) (as endorsed by the EDPB) and in EDPB Recommendation 01/2021 on the Adequacy Referential under the Law Enforcement Directive (19); considers that the Commission should not go below these criteria when evaluating whether a third country qualifies for an adequacy decision; takes note that the EDPB has recently updated its Recommendations on the European Essential Guarantees for surveillance measures in light of CJEU case law (20); |
| --- | --- |

33.

o

o o

| 34. | Instructs its President to forward this resolution to the Commission, the European Council, the Council of the European Union, the European Data Protection Board, the national parliaments of the Member States, the Congress and Government of the United States of America and the Parliament and Government of the United Kingdom. |
| --- | --- |

34.

---

(1)  Judgment of the Court of Justice of 16 July 2020, Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems, C-311/18, ECLI:EU:C:2020:559.

(2)  Judgment of the Court of Justice of 6 October 2015, Maximillian Schrems v Data Protection Commissioner, C-362/14, ECLI:EU:C:2015:650.

(3)  Judgment of the Court of Justice of 6 October 2020, Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Others, C-623/17, ECLI:EU:C:2020:790.

(4)  OJ C 76, 28.2.2018, p. 82.

(5)  OJ C 298, 23.8.2018, p. 73.

(6)  OJ C 118, 8.4.2020, p. 133.

(7)  OJ C 345, 16.10.2020, p. 58.

(8)  OJ L 39, 12.2.2010, p. 5.

(9)  OJ L 207, 1.8.2016, p. 1.

(10)  Texts adopted, P9_TA(2020)0337.

(11)  OJ L 119, 4.5.2016, p. 1.

(12)  https://edpb.europa.eu/sites/edpb/files/files/file1/edpb_guidelines_2_2018_derogations_en.pdf

(13)  Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

(14)  EU proposal for provisions on cross-border data flows and protection of personal data and privacy, http://trade.ec.europa.eu/doclib/docs/2018/july/tradoc_157130.pdf

(15)  EDPB-EDPS Joint Opinion 2/2021 on standard contractual clauses for the transfer of personal data to third countries of 14 January 2021: https://edpb.europa.eu/our-work-tools/our-documents/edpbedps-joint-opinion/edpb-edps-joint-opinion-22021-standard_en

(16)  EDPB Recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data of 11 November 2020, https://edpb.europa.eu/our-work-tools/public-consultations-art-704/2020/recommendations-012020-measures-supplement-transfer_en

(17)  OJ C 118, 8.4.2020, p. 141.

(18)  https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=614108

(19)  https://edpb.europa.eu/our-work-tools/our-documents/recommendations/recommendations-012021-adequacy-referential-under-law_en

(20)  https://edpb.europa.eu/our-work-tools/our-documents/preporki/recommendations-022020-european-essential-guarantees_en

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| 12.1.2022 | EN | Official Journal of the European Union | C 15/184 |
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12.1.2022

EN

Official Journal of the European Union

C 15/184

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P9_TA(2021)0257

The right of information of the Parliament regarding the ongoing assessment of the national recovery and resilience plans

European Parliament resolution of 20 May 2021 on the right of information of the Parliament regarding the ongoing assessment of the national recovery and resilience plans (2021/2703(RSP))

(2022/C 15/19)

The European Parliament,

| — | having regard to Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (1) (RRF Regulation), |
| --- | --- |

—

having regard to Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (1) (RRF Regulation),

| — | having regard to Rule 132(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 132(2) of its Rules of Procedure,

| A. | whereas the RRF Regulation was adopted under the ordinary legislative procedure; |
| --- | --- |

A.

whereas the RRF Regulation was adopted under the ordinary legislative procedure;

| B. | whereas the RRF is an unprecedented instrument in terms of volume and means of financing; |
| --- | --- |

B.

whereas the RRF is an unprecedented instrument in terms of volume and means of financing;

| C. | whereas democratic control and parliamentary scrutiny over the implementation of the RRF is only possible with the full involvement of Parliament at all stages; |
| --- | --- |

C.

whereas democratic control and parliamentary scrutiny over the implementation of the RRF is only possible with the full involvement of Parliament at all stages;

| D. | whereas Article 26 of the RRF Regulation establishes a recovery and resilience dialogue in order to ensure greater transparency and accountability and in order for the Commission to provide information to Parliament concerning, among other things, the recovery and resilience plans of the Member States and the assessment thereof; |
| --- | --- |

D.

whereas Article 26 of the RRF Regulation establishes a recovery and resilience dialogue in order to ensure greater transparency and accountability and in order for the Commission to provide information to Parliament concerning, among other things, the recovery and resilience plans of the Member States and the assessment thereof;

| E. | whereas Parliament may express its views on the issues addressed under the recovery and resilience dialogue, including through resolutions and exchanges with the Commission, and whereas the Commission must take these views into account; |
| --- | --- |

E.

whereas Parliament may express its views on the issues addressed under the recovery and resilience dialogue, including through resolutions and exchanges with the Commission, and whereas the Commission must take these views into account;

| F. | whereas Parliament may invite the Commission to provide information on the state of play of the assessment of the national recovery and resilience plans in the recovery and resilience dialogue; |
| --- | --- |

F.

whereas Parliament may invite the Commission to provide information on the state of play of the assessment of the national recovery and resilience plans in the recovery and resilience dialogue;

| G. | whereas the Member States should have submitted their national recovery and resilience plans to the Commission by 30 April 2021, as a rule; |
| --- | --- |

G.

whereas the Member States should have submitted their national recovery and resilience plans to the Commission by 30 April 2021, as a rule;

| H. | whereas to date, 18 Member States have submitted their recovery and resilience plans to the Commission; |
| --- | --- |

H.

whereas to date, 18 Member States have submitted their recovery and resilience plans to the Commission;

| I. | whereas the Commission must assess each national recovery and resilience plan within a period of two months after its submission; |
| --- | --- |

I.

whereas the Commission must assess each national recovery and resilience plan within a period of two months after its submission;

| J. | whereas the Commission has shared the national recovery and resilience plans submitted with Parliament and the Council; |
| --- | --- |

J.

whereas the Commission has shared the national recovery and resilience plans submitted with Parliament and the Council;

| K. | whereas Parliament held a plenary debate on 11 March 2021 on ‘Respecting the partnership principle, in the preparation and implementation of National Recovery and Resilience Plans, and ensuring good governance of the spending’; |
| --- | --- |

K.

whereas Parliament held a plenary debate on 11 March 2021 on ‘Respecting the partnership principle, in the preparation and implementation of National Recovery and Resilience Plans, and ensuring good governance of the spending’;

| L. | whereas on 20 January 2021, the Committee of the Regions and the Council of European Municipalities and Regions published the results of their targeted consultation on ‘The involvement of municipalities, cities and regions in the preparation of the national Recovery and Resilience Plans’; |
| --- | --- |

L.

whereas on 20 January 2021, the Committee of the Regions and the Council of European Municipalities and Regions published the results of their targeted consultation on ‘The involvement of municipalities, cities and regions in the preparation of the national Recovery and Resilience Plans’;

| 1. | Welcomes the Commission’s efforts to ensure the swift adoption of the relevant Council implementing decisions linked to the national recovery and resilience plans before the summer, and its continuous engagement with Member States to help them deliver high-quality plans; |
| --- | --- |

1.

| 2. | Reminds the Commission to fulfil its obligations under the RRF Regulation to provide Parliament with all relevant information on the state of play of the implementation of the RRF Regulation and to take into account any elements arising from the views expressed through the recovery and resilience dialogue, including the views shared by the relevant committees and in plenary resolutions; |
| --- | --- |

2.

| 3. | Believes that, in order to ensure proper democratic oversight over and parliamentary scrutiny of the implementation of the RRF and greater transparency and democratic accountability, the Commission must regularly inform Parliament, orally and in writing, of the status of the assessment of the national recovery and resilience plans; highlights that in line with the RRF Regulation, Parliament is entitled to receive such information in the context of the recovery and resilience dialogue; |
| --- | --- |

3.

| 4. | Calls on the Commission to provide all relevant background information and a summary of the reforms and investment set out in the plans submitted related to the scope based on the six pillars (including the general and specific objectives and the horizontal principles) and the 11 assessment criteria set out in the RRF Regulation; |
| --- | --- |

4.

| 5. | Reiterates Parliament’s expectation that information is provided in an easily understandable and comparable format, including any existing translations of documents submitted by Member States; |
| --- | --- |

5.

| 6. | Believes that sharing any preliminary assessment of the plans does not pre-judge the outcome of the procedure; considers that this would improve the recovery and resilience dialogue as most national recovery and resilience plans are, at the moment of submission, in a very advanced state of maturity and likely to be approved; |
| --- | --- |

6.

| 7. | Is convinced that full transparency and accountability is required from the Commission in order to ensure and enhance the democratic legitimacy and citizen ownership of the RRF; |
| --- | --- |

7.

| 8. | Recalls that Article 18(4)(q) of the RRF Regulation states that national recovery and resilience plans should contain ‘a summary of the consultation process, conducted in accordance with the national legal framework, of local and regional authorities, social partners, civil society organisations, youth organisations and other relevant stakeholders, and how the input of the stakeholders is reflected in the recovery and resilience plan’; calls on the Commission to prompt the Member States to consult all national stakeholders and to ensure the involvement of civil society and local and regional authorities in the implementation of the plans and, in particular, in their monitoring, and to ensure that consultations take place for future amendments or new plans, if any; |
| --- | --- |

8.

| 9. | Calls on the Commission to ensure full transparency with regard to the timeline for the approval of the delegated acts subsequent to the RRF Regulation, namely the delegated acts on the recovery and resilience scoreboard and on the methodology for reporting social expenditure, including on children and youth, and to take into account the relevant elements of the recovery and resilience dialogue; calls, furthermore, for the swift approval of these delegated acts before the summer recess; |
| --- | --- |

9.

| 10. | Calls on the Commission to ensure that prior to the assessment of the fulfilment of the milestones and targets agreed in the Council implementing decision and the national recovery and resilience plans, Parliament is provided with the preliminary findings concerning the fulfilment of the milestones and targets, as required by Article 25(4) of the RRF Regulation; |
| --- | --- |

10.

| 11. | Reminds the Council that ‘relevant outcomes of discussions held in Council preparatory bodies shall be shared with the competent committee of the European Parliament’; |
| --- | --- |

11.

| 12. | Invites the Commission to continue following an open, transparent and constructive approach during the recovery and resilience dialogue; |
| --- | --- |

12.

| 13. | Instructs its President to forward this resolution to the Council, the European Council and the Commission. |
| --- | --- |

13.

---

(1)  OJ L 57, 18.2.2021, p. 17.

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| 12.1.2022 | EN | Official Journal of the European Union | C 15/186 |
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12.1.2022

EN

Official Journal of the European Union

C 15/186

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P9_TA(2021)0259

Liability of companies for environmental damage

European Parliament resolution of 20 May 2021 on the liability of companies for environmental damage (2020/2027(INI))

(2022/C 15/20)

The European Parliament,

| — | having regard to Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (1) (the Environmental Liability Directive — ELD), |
| --- | --- |

—

having regard to Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (1) (the Environmental Liability Directive — ELD),

| — | having regard to Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (2) (the Environmental Crime Directive — ECD), |
| --- | --- |

—

having regard to Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (2) (the Environmental Crime Directive — ECD),

| — | having regard to the report from the Commission to the Council and the European Parliament of 14 April 2016 under Article 18(2) of Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage (COM(2016)0204), |
| --- | --- |

—

having regard to the report from the Commission to the Council and the European Parliament of 14 April 2016 under Article 18(2) of Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage (COM(2016)0204),

| — | having regard to Articles 4 and 191 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 4 and 191 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Article 37 of the Charter of Fundamental Rights of the European Union (the ‘Charter’), |
| --- | --- |

—

having regard to Article 37 of the Charter of Fundamental Rights of the European Union (the ‘Charter’),

| — | having regard to the amendment of Directive 2004/35/EC through Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from the extractive industries (3), Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide (4) and Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations (5), |
| --- | --- |

—

having regard to the amendment of Directive 2004/35/EC through Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from the extractive industries (3), Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide (4) and Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations (5),

| — | having regard to the Commission staff working document of 14 April 2016 entitled ‘REFIT Evaluation of the Environmental Liability Directive’ (SWD(2016)0121), which accompanies the report from the Commission to the European Parliament and to the Council pursuant to Article 18(2) of Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage, |
| --- | --- |

—

having regard to the Commission staff working document of 14 April 2016 entitled ‘REFIT Evaluation of the Environmental Liability Directive’ (SWD(2016)0121), which accompanies the report from the Commission to the European Parliament and to the Council pursuant to Article 18(2) of Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage,

| — | having regard to the briefing of the European Parliamentary Research Service (EPRS) of 6 June 2016 entitled ‘The implementation of the Environmental Liability Directive: a survey of the assessment process carried out by the Commission’, |
| --- | --- |

—

having regard to the briefing of the European Parliamentary Research Service (EPRS) of 6 June 2016 entitled ‘The implementation of the Environmental Liability Directive: a survey of the assessment process carried out by the Commission’,

| — | having regard to the study of its Policy Department for Citizens’ Rights and Constitutional Affairs of 15 May 2020 entitled ‘Environmental liability of companies’, |
| --- | --- |

—

having regard to the study of its Policy Department for Citizens’ Rights and Constitutional Affairs of 15 May 2020 entitled ‘Environmental liability of companies’,

| — | having regard to the Commission study of May 2020 entitled ‘Improving financial security in the context of the Environmental Liability Directive’, |
| --- | --- |

—

having regard to the Commission study of May 2020 entitled ‘Improving financial security in the context of the Environmental Liability Directive’,

| — | having regard to the evaluation by the European Economic and Social Committee of 11 December 2019 on the Environmental Crime Directive, |
| --- | --- |

—

having regard to the evaluation by the European Economic and Social Committee of 11 December 2019 on the Environmental Crime Directive,

| — | having regard to the EPRS briefing note of October 2020 entitled ‘Environmental liability of companies: selected possible amendments of the ELD’, |
| --- | --- |

—

having regard to the EPRS briefing note of October 2020 entitled ‘Environmental liability of companies: selected possible amendments of the ELD’,

| — | having regard to the Commission staff working document of 28 October 2020 on the evaluation of the Environmental Crime Directive (SWD(2020)0259), |
| --- | --- |

—

having regard to the Commission staff working document of 28 October 2020 on the evaluation of the Environmental Crime Directive (SWD(2020)0259),

| — | having regard to the conclusions and recommendations of the European Union Action to Fight Environmental Crime (EFFACE) of March 2016, |
| --- | --- |

—

having regard to the conclusions and recommendations of the European Union Action to Fight Environmental Crime (EFFACE) of March 2016,

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on Development, the Committee on the Environment, Public Health and Food Safety and the Committee on Civil Liberties, Justice and Home Affairs, |
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—

having regard to the opinions of the Committee on Development, the Committee on the Environment, Public Health and Food Safety and the Committee on Civil Liberties, Justice and Home Affairs,

| — | having regard to the report of the Committee on Legal Affairs (A9-0112/2021), |
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—

having regard to the report of the Committee on Legal Affairs (A9-0112/2021),

| A. | whereas pursuant to Article 191(1) TFEU, Union policy on the environment shall contribute to the pursuit of objectives such as protecting human health, protecting and improving the quality of the environment, promoting the prudent and rational utilisation of natural resources, and promoting measures at international level to deal with regional or worldwide environmental problems; |
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A.

whereas pursuant to Article 191(1) TFEU, Union policy on the environment shall contribute to the pursuit of objectives such as protecting human health, protecting and improving the quality of the environment, promoting the prudent and rational utilisation of natural resources, and promoting measures at international level to deal with regional or worldwide environmental problems;

| B. | whereas Article 37 of the Charter requires that a high level of environmental protection and the improvement of the quality of the environment be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development; |
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B.

whereas Article 37 of the Charter requires that a high level of environmental protection and the improvement of the quality of the environment be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development;

| C. | whereas the EU’s coordinated environmental strategy encourages cooperation and ensures that EU policies are consistent with each other; whereas the European Green Deal sets the ambition of zero pollution, which is to be delivered through a cross-cutting strategy to protect EU citizens’ health from environmental degradation and pollution, while also calling for a just transition that leaves nobody behind; |
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C.

whereas the EU’s coordinated environmental strategy encourages cooperation and ensures that EU policies are consistent with each other; whereas the European Green Deal sets the ambition of zero pollution, which is to be delivered through a cross-cutting strategy to protect EU citizens’ health from environmental degradation and pollution, while also calling for a just transition that leaves nobody behind;

| D. | whereas responsible business conduct implies that companies take due consideration of environmental concerns; whereas ensuring liability for environmental damage is key to making European businesses more sustainable in the long term; whereas such an achievement is closely interlinked through the development of related legislation on corporate due diligence, corporate social accountability and sustainable corporate governance; whereas liability must be in accordance with national law; |
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D.

whereas responsible business conduct implies that companies take due consideration of environmental concerns; whereas ensuring liability for environmental damage is key to making European businesses more sustainable in the long term; whereas such an achievement is closely interlinked through the development of related legislation on corporate due diligence, corporate social accountability and sustainable corporate governance; whereas liability must be in accordance with national law;

| E. | whereas environmental damage, hazardous and harmful chemicals and climate change can cause significant risks to human health from air, soil and water pollution; |
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E.

whereas environmental damage, hazardous and harmful chemicals and climate change can cause significant risks to human health from air, soil and water pollution;

| F. | whereas the ELD coexists with other liability instruments and provisions, both at EU and Member State level; whereas incidents that give rise to ELD liabilities may trigger criminal, civil or administrative proceedings in parallel, creating legal uncertainty and insecurity both for the companies concerned and potential victims; |
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F.

whereas the ELD coexists with other liability instruments and provisions, both at EU and Member State level; whereas incidents that give rise to ELD liabilities may trigger criminal, civil or administrative proceedings in parallel, creating legal uncertainty and insecurity both for the companies concerned and potential victims;

| G. | whereas the Commission’s 2016 report on environmental liability indicates that, notwithstanding the benefits of the ELD in efforts to improve legal coherence at EU level, the EU is still faced with regulatory fragmentation in this area and a lack of uniformity in legal and practical terms; |
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G.

whereas the Commission’s 2016 report on environmental liability indicates that, notwithstanding the benefits of the ELD in efforts to improve legal coherence at EU level, the EU is still faced with regulatory fragmentation in this area and a lack of uniformity in legal and practical terms;

| H. | whereas the existing ELD definitions of ‘environmental damage’ and ‘operator’ have been the subject of various analyses which highlighted difficulties in their interpretation; whereas the significance of the threshold of environmental damage is interpreted and applied differently and therefore requires further clarification; |
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H.

whereas the existing ELD definitions of ‘environmental damage’ and ‘operator’ have been the subject of various analyses which highlighted difficulties in their interpretation; whereas the significance of the threshold of environmental damage is interpreted and applied differently and therefore requires further clarification;

| I. | whereas there have been an increasing number of cases in which the victims of pollution caused by subsidiaries of European companies active outside the EU have sought to bring environmental liability lawsuits against parent companies before courts in the EU; |
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I.

whereas there have been an increasing number of cases in which the victims of pollution caused by subsidiaries of European companies active outside the EU have sought to bring environmental liability lawsuits against parent companies before courts in the EU;

| J. | whereas liability regimes regarding diffuse pollution in EU law are fragmented; |
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J.

whereas liability regimes regarding diffuse pollution in EU law are fragmented;

| K. | whereas the ELD established a framework of environmental liability based on the polluter pays principle to prevent and remedy environmental damage; whereas the ELD complements major pieces of EU environmental legislation, to which it is directly or indirectly linked, in particular the Habitats Directive (6), the Birds Directive (7), the Water Framework Directive (8), the Marine Strategy Framework Directive (9) and the Offshore Safety Directive (10); |
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K.

whereas the ELD established a framework of environmental liability based on the polluter pays principle to prevent and remedy environmental damage; whereas the ELD complements major pieces of EU environmental legislation, to which it is directly or indirectly linked, in particular the Habitats Directive (6), the Birds Directive (7), the Water Framework Directive (8), the Marine Strategy Framework Directive (9) and the Offshore Safety Directive (10);

| L. | whereas the Commission’s 2016 report on environmental liability advised all Member States to undertake to ‘record data on ELD incidents and publish ELD registers if they have not done so already’ (11); whereas, despite this, only seven Member States have a register for ELD cases that is publicly available, while four other Member States have a register that is not public; whereas several Member States collect information covered by other pieces of EU legislation, but not specifically by the ELD, or have registers with a broader or different scope, and whereas several Member States collect data at regional level; whereas 14 Member States have no database of environmental incidents or ELD cases; whereas the implementation of the ELD is characterised by a substantial degree of flexibility for the Member States based on regulatory fragmentation and a lack of homogeneity from both a legal and practical perspective; |
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L.

whereas the Commission’s 2016 report on environmental liability advised all Member States to undertake to ‘record data on ELD incidents and publish ELD registers if they have not done so already’ (11); whereas, despite this, only seven Member States have a register for ELD cases that is publicly available, while four other Member States have a register that is not public; whereas several Member States collect information covered by other pieces of EU legislation, but not specifically by the ELD, or have registers with a broader or different scope, and whereas several Member States collect data at regional level; whereas 14 Member States have no database of environmental incidents or ELD cases; whereas the implementation of the ELD is characterised by a substantial degree of flexibility for the Member States based on regulatory fragmentation and a lack of homogeneity from both a legal and practical perspective;

| M. | whereas it appears that the majority of Member States do not provide for mandatory financial security instruments in their legislation, but several countries do require them (12); whereas where implemented, these instruments seem to have proved their worth and demonstrated the need to assess the introduction of a mandatory financial security system; |
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M.

whereas it appears that the majority of Member States do not provide for mandatory financial security instruments in their legislation, but several countries do require them (12); whereas where implemented, these instruments seem to have proved their worth and demonstrated the need to assess the introduction of a mandatory financial security system;

| N. | whereas although sufficient insurance cover is available in most markets, including for complementary and compensatory remediation, demand is generally low due to a lack of reported incidents, sub-optimal enforcement and slower developments in emerging markets (13); whereas this is not in itself an obstacle to introducing mandatory financial guarantees; |
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N.

whereas although sufficient insurance cover is available in most markets, including for complementary and compensatory remediation, demand is generally low due to a lack of reported incidents, sub-optimal enforcement and slower developments in emerging markets (13); whereas this is not in itself an obstacle to introducing mandatory financial guarantees;

| O. | whereas operator insolvency as a consequence of major accidents remains a problem in the EU; whereas the Commission should analyse existing national and regulatory frameworks and adopt a harmonised EU approach with a view to shielding taxpayers from the consequences of a company’s insolvency; |
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O.

whereas operator insolvency as a consequence of major accidents remains a problem in the EU; whereas the Commission should analyse existing national and regulatory frameworks and adopt a harmonised EU approach with a view to shielding taxpayers from the consequences of a company’s insolvency;

| P. | whereas the availability of financial security instruments has significantly increased since the adoption of the ELD; |
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P.

whereas the availability of financial security instruments has significantly increased since the adoption of the ELD;

| Q. | whereas Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers (14), which repeals Directive 2009/22/EC, has been adopted and will be applied by the Member States from 25 June 2023; |
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Q.

whereas Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers (14), which repeals Directive 2009/22/EC, has been adopted and will be applied by the Member States from 25 June 2023;

| R. | whereas in some cases, although corporate board members are aware of activities with a high risk of causing environmental damage, their decision-making remains profit-oriented at the expense of responsible behaviour and the environment; |
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R.

whereas in some cases, although corporate board members are aware of activities with a high risk of causing environmental damage, their decision-making remains profit-oriented at the expense of responsible behaviour and the environment;

| S. | whereas an ELD review should necessarily seek to strike a balance between corporate concerns and environmental protection; |
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S.

whereas an ELD review should necessarily seek to strike a balance between corporate concerns and environmental protection;

| T. | whereas in recent years the European Parliament has taken a proactive role in pushing for an environmental liability regime for environmental and human rights harms occurring in third countries, notably with the adoption of its resolution of 25 October 2016 on corporate liability for serious human rights abuses in third countries (15); |
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T.

whereas in recent years the European Parliament has taken a proactive role in pushing for an environmental liability regime for environmental and human rights harms occurring in third countries, notably with the adoption of its resolution of 25 October 2016 on corporate liability for serious human rights abuses in third countries (15);

| U. | whereas a mandate for the Commission should ensure the enforcement of provisions regarding establishing or maintaining a level playing field on environmental issues in EU trade agreements, where those provisions are part of such an agreement; |
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U.

whereas a mandate for the Commission should ensure the enforcement of provisions regarding establishing or maintaining a level playing field on environmental issues in EU trade agreements, where those provisions are part of such an agreement;

| V. | whereas the European Environment Agency is exploring how environmental risks and benefits are distributed across society; whereas the 2015 Paris Agreement on Climate Change emphasises the importance of considering the rights of vulnerable people; whereas the Office of the UN High Commissioner for Human Rights recently published Framework Principles on Human Rights and the Environment, which clarify the human rights obligations of states relating to a clean, healthy and sustainable environment; whereas, moreover, a system of corporate liability for human rights abuses is currently being negotiated at the UN; |
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V.

whereas the European Environment Agency is exploring how environmental risks and benefits are distributed across society; whereas the 2015 Paris Agreement on Climate Change emphasises the importance of considering the rights of vulnerable people; whereas the Office of the UN High Commissioner for Human Rights recently published Framework Principles on Human Rights and the Environment, which clarify the human rights obligations of states relating to a clean, healthy and sustainable environment; whereas, moreover, a system of corporate liability for human rights abuses is currently being negotiated at the UN;

| W. | whereas the impact of environmental damages and crimes adversely affects not only biodiversity and the climate, but also human rights and human health; whereas a review should consider the risks of the transboundary nature of environmental damage, serious organised crime and corruption, together with the risks to human rights and the environment; |
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W.

whereas the impact of environmental damages and crimes adversely affects not only biodiversity and the climate, but also human rights and human health; whereas a review should consider the risks of the transboundary nature of environmental damage, serious organised crime and corruption, together with the risks to human rights and the environment;

| X. | whereas Principle 21 of the Stockholm Declaration and Principle 2 of the Rio Declaration recognise the sovereign right of states to exploit their own resources pursuant to their own environmental policies, but equally the responsibility to ensure that activities within their national jurisdictions or control do not cause damage to the environment of other states or of areas beyond the limits of their jurisdictions; |
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X.

whereas Principle 21 of the Stockholm Declaration and Principle 2 of the Rio Declaration recognise the sovereign right of states to exploit their own resources pursuant to their own environmental policies, but equally the responsibility to ensure that activities within their national jurisdictions or control do not cause damage to the environment of other states or of areas beyond the limits of their jurisdictions;

General observations

| 1. | Welcomes the Commission’s efforts to assess and bridge gaps in the implementation of the ELD and the ECD across the Member States; |
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1.

| 2. | Deplores the fact that the discretionary powers set out in the ELD, the lack of awareness and information about the ELD, insufficient resources and expertise, and the weak mechanisms for securing compliance and effective governance at national, regional and local level have led to implementation deficiencies, considerable variability between Member States with regard to ELD enforcement and compliance levels and the number of cases in particular, and an uneven playing field for operators; deplores the fact that such flaws also have an impact on the implementation of the ECD; is therefore of the opinion that additional efforts are required to ensure regulatory standardisation in the EU and increased public confidence in the effectiveness of EU laws in order to prevent and remedy environmental damage more effectively and strike the right balance between corporate concerns and environmental protection; |
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2.

| 3. | Welcomes the setting up of the Environmental Compliance and Governance Forum, which brings together professionals with responsibilities in the field of environmental compliance assurance, as a follow up to the 2018 Commission action plan (16) and the 2020-2022 work programme to improve environmental compliance and governance that the forum endorsed in February 2020 (17); |
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3.

| 4. | Regrets that in many Member States, the budgets of environmental inspectorates have stagnated or decreased due to the financial crisis and that even large, well-resourced authorities can find it difficult to independently develop knowledge of the best ways to ensure compliance; is thus of the opinion that stronger support at EU level is needed, for example through accessible information portals, commonly used networks (EU networks for practitioners), best practice information and guidance, additional training programmes on the specificities of environmental law and crimes at EU and national level for judges and practitioners, training materials, and guidance on skills, in coordination with the national authorities, as this could increase the pressure on ‘black sheep’ companies and benefit companies that respect the law and would enable stakeholders, operators and the public to become more aware of the existence of the ELD regime and its enforcement and thus contribute to better prevention and remediation of environmental damages; |
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4.

| 5. | Regrets that environmental crimes are among the most profitable forms of transnational criminal activity; calls on the Commission and the Member States, therefore, to allocate appropriate financial and human resources to preventing, investigating and prosecuting environmental crimes, and to increase the expertise of the authorities involved, including prosecutors and judges, with a view to more effectively prosecuting and sanctioning environmental crime; invites the Member States to set up or reinforce specialised units within their national police services at the appropriate levels for the investigation of environmental offences; calls, furthermore, on the Commission and the Member States to make sure that all Member States have proper environmental crisis management procedures in place at both national and transnational levels and encourages the Member States to use Joint Investigation Teams and the exchange of information in transnational environmental crime cases, which facilitates the coordination of investigations and prosecutions conducted in parallel across several Member States; |
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5.

| 6. | Takes the view that one of the various causes of the insufficient harmonisation of the ELD is the failure to provide for the application of a standard administrative procedure for notifying competent authorities of imminent threats of or actual environmental damage; regrets therefore that there is no obligation to publish such notifications or information about how cases are dealt with; notes that some Member States have identified this limitation in their national legislation and have consequently set up databases for notifications, incidents and cases; points out, however, that the practice varies greatly from Member State to Member State and is rather limited; |
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6.

| 7. | Points out that reliable data on environmental incidents giving rise to the application of the ELD or other administrative, civil or criminal instruments should be collected under the supervision of an EU ELD task force, with the relevant data being made public; calls on the Commission to duly assess the situation in order to establish whether a combination of different legal instruments could adequately respond to environmental harm, or whether serious gaps still exist that need to be remedied; insists on the correct implementation of the ELD, by encouraging Member States to record data on ELD incidents, publish ELD registers and gather the data required to document the effective and efficient application of the directive in their country in order to increase trust in the ELD system and better implementation; |
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7.

| 8. | Underlines that in almost all ELD cases, operators cooperate with administrative authorities to work towards remediation; notes, however, that the average cost of remedial action is EUR 42 000 (18), but that costs were substantially higher in a few significant cases; regrets therefore that in those cases, cost recovery was impossible due to the operator’s insolvency, and that as a result, costs had to be covered by the state, and indirectly the taxpayer, a phenomenon that has to be avoided in the future; |
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8.

| 9. | Notes that the number of companies prosecuted in environmental cases is low across the Member States, even though criminal offences within the meaning of the ECD are demonstrably taking place; points out, in this context, that the causes of this situation have not yet been comprehensively analysed or explained by the Commission or the Member States; |
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9.

Recommendations

| 10. | Calls for the ELD to be revised as soon as possible and to be transformed into a fully harmonised regulation; stresses, meanwhile, the need to update and align the ELD with other pieces of EU legislation designed to protect the environment, including the ECD; emphasises that differences in the implementation and application of EU rules for the liability of companies for environmental damage are not providing a level playing field for EU industry at present, which is distorting the proper functioning of the EU’s internal market; calls for greater efforts to harmonise the implementation of the ELD in the Member States; |
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10.

| 11. | Calls for the ECD to be updated following a thorough impact assessment, which should assess inter alia the scope of the directive, while taking account of new types and patterns of environmental crime; stresses, furthermore, the need to ensure the effective enforcement of existing legislation; |
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11.

| 12. | Takes note of the Member States’ increasing commitment to working towards the recognition of ecocide at national and international level; asks the Commission to study the relevance of ecocide to EU law and EU diplomacy; |
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12.

| 13. | Calls on the Commission to provide further clarification and guidance to competent national authorities and prosecutors on the key legal terms of the ECD and to develop a harmonised classification of environmental crimes; |
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13.

| 14. | Underlines the important role of soft law instruments, such as guidance papers on the interpretations of legal terms used in both the ELD and the ECD, evaluation of damage, or information on and comparison of sanction practices in the Member States, in enhancing the effectiveness of the implementation of the directives; stresses the need to introduce much more timely and stringent regulatory action in the Member States; |
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14.

| 15. | Is of the opinion that enforcement should be harmonised and that an EU ELD task force made up of highly qualified experts and Commission officials should be created to support the Member States, upon request, with the implementation and enforcement of the directive on the one hand, and to support and advise victims of environmental damage on the available options for legal action at EU level on the other (comparable to SOLVIT); |
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15.

| 16. | Believes that the revised framework should provide for improved EU-wide data collection, information exchange, transparency and the sharing of best practices among the Member States, supported by the EU ELD task force; |
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16.

| 17. | Recommends that the future EU ELD task force supports the implementation of a comprehensive monitoring system to provide competent authorities with an effective toolbox to monitor and enforce compliance with environmental legislation; |
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17.

| 18. | Calls on the Commission and the Member States, supported by the EU ELD task force, to set up protection and support schemes for the victims of environmental damage and to ensure their full access to justice, information and compensation; emphasises the role of environmental NGOs in raising awareness and in identifying potential breaches of EU and national environmental laws; |
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18.

| 19. | Calls on the Commission to assess the efficiency of rapid claim mechanisms with a view to ensuring swift compensation for victims in insolvency cases, which can lead to further damages; |
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19.

| 20. | Welcomes the adoption of Directive (EU) 2020/1828; |
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20.

| 21. | Recognises that the Aarhus Regulation is currently being reviewed (19); reiterates that the Aarhus Regulation allows for access to information, public participation in decision-making and access to justice in environmental matters, and thus public scrutiny of EU acts that affect the environment; stresses that the Aarhus Regulation includes the ELD; |
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21.

| 22. | Emphasises, in particular, the role of environmental human rights defenders striving for rights and fundamental freedoms as they relate to the enjoyment of a safe, healthy and sustainable environment, and strongly condemns any form of violence, threat, harassment or intimidation perpetrated against them, including when its purpose is to procedurally undermine their efforts to hold those causing environmental damage legally accountable; calls on the Member States to ensure proper and effective investigation and prosecution of such acts; |
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22.

| 23. | Supports the existing requirements to also report on non-financial issues; notes, however, that such reporting has until now only been a legal duty for large undertakings; calls on the Commission to put emphasis on the enforcement of those reporting requirements in case of non-performance in the upcoming revision of the Non-Financial Reporting Directive (NFRD) (20); |
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23.

| 24. | Believes that most definitions in the ELD, notably ‘environmental damage’ and ‘operator’, should be further clarified and where appropriate extended to make the directive fair and clear to all relevant stakeholders and to keep pace with the rapid evolution of pollutants; welcomes therefore the current efforts to develop a common understanding document (CUD) on key ELD definitions and concepts; regrets, however, that the Commission and the ELD government expert groups did not reach an agreement on its format, meaning that the CUD remains a document produced by the consultancy which was hired by the Commission to support the implementation of the 2017-2020 multiannual ELD work programme; |
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24.

| 25. | Is of the opinion that the ELD revision should be aligned with the Paris Climate Agreement in order to safeguard the interests of EU citizens and the environment alike; acknowledges the intrinsic value of the environment and ecosystems and their right to effective protection; |
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25.

| 26. | Notes that liability regimes regarding diffuse pollution in EU law are fragmented; calls on the Commission to carry out a study on how diffuse pollution is addressed by the different EU liability regimes; |
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26.

| 27. | Points out that differing interpretations and application of the criteria in Annex I to the ELD, which elaborate on the definition of ‘environmental damage’ as stipulated in Article 2(1)a of the ELD, are one of the reasons for the inconsistent application of the directive; calls, therefore, for a more consistent application and for further clarification and guidance of the criteria and thus what constitutes ‘significant damage’ under the ELD; |
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27.

| 28. | Calls on the Commission to evaluate whether extending the scope of the ELD and the activities listed in Annex III thereto could limit short and long-term damage to the environment, human health and air quality; asks the Commission, furthermore, to assess whether the precautionary principle approach properly and effectively presupposes potentially dangerous risks or effects; |
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28.

| 29. | Urges the Commission and the Council to consider environmental crimes as a priority; calls on the Commission to make full use of Article 83(2) TFEU and to consider the adoption of an overall framework directive on environmental offences and effective and proportionate sanctions, defining the behaviours to be punished, the nature of infringements, the types of offences, the reparation regimes, the restoration measures and the minimum sanctions, including overall liability of legal and individual persons; calls on the Commission to evaluate the possibility of including environmental crimes among the categories of offences in Article 83(1) TFEU; |
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29.

| 30. | Considers that comprehensive and effective prevention measures and dissuasive and proportionate criminal sanctions are important deterrents against environmental damage; deplores the low detection, investigation, prosecution and conviction rates for environmental crime; considers, moreover, that in accordance with the polluter pays principle, companies should bear the full costs of the environmental harm they have directly caused in order to incentivise them to internalise environmental externalities and avoid externalising the costs; |
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30.

| 31. | Stresses that environmental damage should entail administrative, civil and criminal liability for the companies responsible in accordance with the ne bis in idem principle; notes that those forms of liability coexist with other liability regimes in business law, such as consumer law or competition law; |
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31.

| 32. | Expresses its concern about the high incidence of environmental crime, as the combined estimates from the OECD, the UN Office on Drugs and Crime (UNODC), the UN Environment Programme (UNEP) and Interpol on the monetary value of all environmental crime show it to be the fourth largest category of international crime; recognises the direct or indirect connection between environmental offences and transnational organised crime and corruption (21); calls on Europol to update the study carried out in 2015 (22) and regularly provide updated data; points out that freezing and confiscation of the proceeds of crime, including environmental crimes, are crucial means for combating organised crime, and stresses the importance of using those proceeds also for social purposes aiming at repairing the damage done and improving the environment; |
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32.

| 33. | Calls on the Commission to explore the possibility of extending the mandate of the European Public Prosecutor’s Office (EPPO), once it is fully established and fully functional, to cover environmental offences; |
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33.

| 34. | Calls on Europol and Eurojust to reinforce the documentation, investigation and prosecution of environmental crimes; calls on the Commission, Europol and Eurojust to provide further support and a more effective and institutionalised structure for existing networks of practitioners, cross-border law enforcement, environmental agencies and specialised prosecutors such as the European Network of Prosecutors for the Environment (ENPE) and the European Union Forum of Judges for the Environment (EUFJE); |
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34.

| 35. | Stresses the importance of (e-)training for law enforcement actors in environmental crime and calls on CEPOL to intensify its training in this field; |
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35.

| 36. | Stresses the importance of strengthening the Europol Environment Crime Network (ENVICrimeNet) at national and European level to enable independent and effective investigations to fight environmental crimes; |
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36.

| 37. | Stresses that the EU environmental liability regime must respect policy coherence for development and the do no harm principle; |
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37.

| 38. | Calls on the Commission to assess the introduction of a secondary liability regime, namely parental and chain liability for damage caused to human health and the environment (23), and to carry out an assessment of the current liability situation of subsidiaries active outside the EU, including possible improvements for cases of environmental damage; |
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38.

| 39. | Welcomes the Commission’s announcement that its proposal on corporate due diligence and corporate accountability will include a liability regime and considers that in order to enable victims to obtain an effective remedy, undertakings should be held liable in accordance with national law for the harm the undertakings under their control have caused or contributed to by acts or failures to act, where the latter have committed violations of human rights or have caused environmental harm, unless the undertaking can prove that it acted with due care in line with its due diligence obligations and took all reasonable measures to prevent such harm; |
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39.

| 40. | Is of the opinion that the optional permit and state-of-the art defences under the ELD should only be maintained when a company can prove that it could not have known about the danger of its activity (reversed burden of proof); calls, therefore, for the revised environmental liability regime to restrict the scope of application of the permit and state-of-the-art defences in order to render it more effective, in line with the polluter pays principle; |
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40.

| 41. | Calls on the Commission to examine the possibility of aligning the ELD with civil liability legislation for corporate boards in cases where a causal link can be established between a corporate board’s action or failure to act and environmental damage as defined in the ELD, including where such damage results from polluting activities carried out to maximise the profit of the company and increase the bonuses of its members (24); |
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41.

| 42. | Highlights that the cost of environmental damage for the taxpayers and operators responsible could be greatly reduced through the use of financial security instruments; notes, however, that the ELD does not provide for a mandatory financial security system; |
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42.

| 43. | Asks the Commission to assess the introduction of a mandatory financial security system (covering insurance, bank guarantees, company pools, securities and bonds or funds) with a maximum threshold per case, aiming to prevent taxpayers from having to bear the costs resulting from remediation of environmental damage; asks the Commission, in addition, to develop a harmonised EU methodology for calculating the maximum liability threshold, taking into account the activity and the impact on the environment; stresses the need to ensure that financial compensation can be obtained, even in the event of insolvency of the operator responsible; |
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43.

| 44. | Asks the Commission to compile a study on the introduction of an ELD financial compensation scheme at EU or national level for cases where available remedies are inadequate given the extent of the damage; stresses that the related discussions should address, inter alia, possible ways of quantifying environmental damage; |
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44.

| 45. | Considers that, given the purpose of the ELD is to prevent and remedy environmental damage, a future regulation (Environmental Liability Regulation) should be applicable to all companies that operate in the EU, regardless of where they have been incorporated or where they are based, and that a holistic approach and reciprocity are necessary to meet the needs of companies in a global economy; considers, furthermore, that the application of the future regulation should be extended to any entity in receipt of EU, national or regional funds that causes or may cause environmental damage in the course of its activities; |
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45.

| 46. | Welcomes the fact that an increasing number of European companies are pursuing the objective of sustainable value creation and calls on all companies to pursue a triple bottom line; |
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46.

| 47. | Acknowledges that transitioning to more sustainable and more environmentally friendly production methods can be time and cost-intensive, and points to the importance of legal and administrative certainty for affected businesses; |
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47.

| 48. | Recalls that the EU should promote a high level of environmental protection on its own territory and do its utmost to prevent environmental damage in third countries caused by companies based in EU Member States; recalls equally that there is no EU legal instrument addressing the possibility of prosecuting European companies abroad for environmental crimes or activities causing environmental damage; calls for the EU to encourage parent companies to take sustainable and responsible approaches to their cooperation with third countries, in line with international human rights and environmental standards, and to refrain from taking investment strategies that lead directly to hazardous outcomes; encourages the Commission to establish incentives for companies whose sustainability policies voluntarily go beyond environmental and biodiversity standards laid down in law for the purposes of evaluating these policies, distilling best practices, and providing this as an example for other companies to follow; |
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48.

| 49. | Calls on the Commission to ensure the full implementation and enforcement of the biodiversity provisions in all trade agreements, including through its Chief Trade Enforcement Officer; considers that the Commission should better assess the impact of trade agreements on biodiversity, including follow-up action to strengthen the biodiversity provisions of existing and future agreements, where relevant; |
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49.

| 50. | Calls on the Commission to ensure the enforcement of provisions regarding establishing or maintaining a level playing field on environmental issues in EU trade agreements, where those provisions are part of such an agreement; |
| --- | --- |

50.

| 51. | Is of the opinion that in predefined cases of extremely widespread pollution, not just environmental liability instruments, but a multitude of instruments, including administrative measures, financial penalties and in some cases criminal prosecution, should be applied to remedy the problem; |
| --- | --- |

51.

| 52. | Calls on the Commission to enforce the application of sanctions established under the ECD; |
| --- | --- |

52.

| 53. | Calls on the Commission, in this regard, to ensure that corporate social responsibility in preventing and remedying environmental harm is taken into account in procurement contracts and the allocation of public funds; |
| --- | --- |

53.

| 54. | Calls on the Commission to come forward with a proposal for environmental inspections at EU level without further delay, as proposed by the Environmental Compliance and Governance Forum in action nine of its work programme, but is of the opinion that a recommendation to establish minimum criteria for environmental inspections is not enough; |
| --- | --- |

54.

| 55. | Calls on the Commission to promote action by the EU, its Member States and the international community to step up efforts against environmental crime; calls on the Commission and the Member States to raise awareness and promote solutions in international forums; |
| --- | --- |

55.

| 56. | Suggests that the recommendation of the European Parliament and of the Council of 4 April 2001 (25), which provides a detailed explanation of how environmental inspections should be conducted, should be updated if necessary and transposed into a binding document or regulation; |
| --- | --- |

56.

| 57. | Asks the EU Ombudsman to strengthen its focus on issues related to the environment acquis; |
| --- | --- |

57.

| 58. | Consider that companies convicted for environmental crimes should not be allowed to benefit from the measures envisaged for registrants on the transparency register for an appropriate but limited period of time; suggests, to this end, that the scope and the code of conduct of the transparency register be revised in order to include provisions on the temporary removal of companies convicted for environmental crimes; |
| --- | --- |

58.

| 59. | Points out that the confidential treatment of information related to the effects of industrial activities, combined with the difficulties involved in monitoring and identifying practices such as illegal dumping of substances or waste into the sea, vessel degassing and oil tipping, can lead to an increase in the number of infringements of the law relating to water pollution; stresses, therefore, that the Member States must make the relevant information public in order to facilitate the evaluation of a possible causal link between industrial operations and damage to the environment; |
| --- | --- |

59.

| 60. | Supports the UN’s call for global recognition of the right to a safe, clean, healthy and sustainable environment at UN level; |
| --- | --- |

60.

| 61. | Recalls that the global rise in environmental criminality is a growing threat to the achievement of the UN’s 2030 Agenda for Sustainable Development and that people in developing countries directly depend on the environment for their food, health and economic security; deplores the fact that the degradation of biodiversity due to environmental crime and the resulting loss of resources increase their vulnerability; |
| --- | --- |

61.

| 62. | Calls for increased support for the local authorities and governments of developing countries in harmonising domestic legislation and policies with international environmental standards; stresses the need to support civil society and local actors in third countries and developing countries in holding government authorities accountable for state-tolerated or endorsed environmental damage caused by private and state-owned companies; |
| --- | --- |

62.

o

o o

| 63. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

63.

---

(1)  OJ L 143, 30.4.2004, p. 56.

(2)  OJ L 328, 6.12.2008, p. 28.

(3)  OJ L 102, 11.4.2006, p. 15.

(4)  OJ L 140, 5.6.2009, p. 114.

(5)  OJ L 178, 28.6.2013, p. 66.

(6)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

(7)  Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).

(8)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

(9)  Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (OJ L 164, 25.6.2008, p. 19).

(10)  Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations (OJ L 178, 28.6.2013, p. 66).

(11)  COM(2016)0204, p. 10.

(12)  Directorate-General for Environment, Outcome of the Specific Contract ‘Support for the REFIT actions for the ELD — phase 2’, European Commission, Brussels, 2019, p. 17.

(13)  REFIT Evaluation of the Environmental Liability Directive, p. 47.

(14)  OJ L 409, 4.12.2020, p. 1.

(15)  OJ C 215, 19.6.2018, p. 125.

(16)  Commission communication of 18 January 2018 on EU actions to improve environmental compliance and governance (COM(2018)0010).

(17)  Environmental Compliance and Governance Forum, Endorsed work programme 2020-2022 to improve environmental compliance and governance, European Commission, Brussels, 2020.

(18)  Policy Department for Citizens’ Rights and Constitutional Affairs, Environmental liability of companies, European Parliament, Brussels, 2020, p. 110.

(19)  Commission proposal for a regulation of the European Parliament and of the Council of 14 October 2020 amending Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (COM(2020)0642).

(20)  Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1).

(21)  See the report for EFFACE ‘Organised Crime and Environmental Crime: Analysis of International Legal Instruments’ (2015), or the study ‘Transnational environmental crime threatens sustainable development’ (2019).

(22)  Europol, ‘Report on Environmental Crime in Europe’, 5 June 2015.

(23)  See, for instance, the judgment of the Court of Justice of 10 September 2009, Akzo Nobel NV and Others v Commission of the European Communities, C-97/08 B, ECLI:EU:C:2009:536.

(24)  E.g. the dieselgate scandal and the case of the CEO of Volkswagen.

(25)  Recommendation of the European Parliament and of the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (OJ L 118, 27.4.2001, p. 41).

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/196 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/196

---

P9_TA(2021)0260

New Avenues for Legal Labour Migration

European Parliament resolution of 20 May 2021 on new avenues for legal labour migration (2020/2010(INI))

(2022/C 15/21)

The European Parliament,

| — | having regard to the Treaty on European Union, in particular Article 3(2) thereof, and to the Treaty on the Functioning of the European Union (TFEU), in particular Article 79 thereof, |
| --- | --- |

—

having regard to the Treaty on European Union, in particular Article 3(2) thereof, and to the Treaty on the Functioning of the European Union (TFEU), in particular Article 79 thereof,

| — | having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, in particular Article 2 of Protocol 4, |
| --- | --- |

—

having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, in particular Article 2 of Protocol 4,

| — | having regard to the Charter of Fundamental Rights of the European Union, in particular Article 45 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union, in particular Article 45 thereof,

| — | having regard to the Universal Declaration of Human Rights of 1948, in particular Article 13 thereof, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights of 1948, in particular Article 13 thereof,

| — | having regard to the European Pillar of Social Rights, in particular Principles 5, 6, 10, 12 and 16 thereof, |
| --- | --- |

—

having regard to the European Pillar of Social Rights, in particular Principles 5, 6, 10, 12 and 16 thereof,

| — | having regard to the international labour standards on labour migration adopted by the International Labour Conference of the International Labour Organization, and to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families adopted by the UN General Assembly on 18 December 1990, |
| --- | --- |

—

having regard to the international labour standards on labour migration adopted by the International Labour Conference of the International Labour Organization, and to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families adopted by the UN General Assembly on 18 December 1990,

| — | having regard to the Commission communication of 13 May 2015 entitled ‘A European Agenda on Migration’ (COM(2015)0240), |
| --- | --- |

—

having regard to the Commission communication of 13 May 2015 entitled ‘A European Agenda on Migration’ (COM(2015)0240),

| — | having regard to the Commission communications of 6 April 2016 entitled ‘Towards a reform of the Common European Asylum System and enhancing legal avenues to Europe’ (COM(2016)0197) and of 12 September 2018 entitled ‘Enhancing legal pathways to Europe: an indispensable part of a balanced and comprehensive migration policy’ (COM(2018)0635), |
| --- | --- |

—

having regard to the Commission communications of 6 April 2016 entitled ‘Towards a reform of the Common European Asylum System and enhancing legal avenues to Europe’ (COM(2016)0197) and of 12 September 2018 entitled ‘Enhancing legal pathways to Europe: an indispensable part of a balanced and comprehensive migration policy’ (COM(2018)0635),

| — | having regard to the Commission communication of 23 September 2020 on a New Pact on Migration and Asylum (COM(2020)0609), |
| --- | --- |

—

having regard to the Commission communication of 23 September 2020 on a New Pact on Migration and Asylum (COM(2020)0609),

| — | having regard to the action plan and political declaration adopted at the EU-Africa Summit on Migration, held in Valletta on 11 and 12 November 2015, in particular their respective parts on legal migration and mobility, |
| --- | --- |

—

having regard to the action plan and political declaration adopted at the EU-Africa Summit on Migration, held in Valletta on 11 and 12 November 2015, in particular their respective parts on legal migration and mobility,

| — | having regard to the Global Compact for Safe, Orderly and Regular Migration of 10 December 2018, |
| --- | --- |

—

having regard to the Global Compact for Safe, Orderly and Regular Migration of 10 December 2018,

| — | having regard to the EU Emergency Trust Fund for Africa, |
| --- | --- |

—

having regard to the EU Emergency Trust Fund for Africa,

| — | having regard to its resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to migration (1), |
| --- | --- |

—

having regard to its resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to migration (1),

| — | having regard to its working document of 15 January 2016 on developing adequate legal economic migration channels (2), |
| --- | --- |

—

having regard to its working document of 15 January 2016 on developing adequate legal economic migration channels (2),

| — | having regard to the Commission communication of 24 November 2020 entitled ‘Action plan on Integration and Inclusion 2021-2027’ (COM(2020)0758), |
| --- | --- |

—

having regard to the Commission communication of 24 November 2020 entitled ‘Action plan on Integration and Inclusion 2021-2027’ (COM(2020)0758),

| — | having regard to its resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis (3), |
| --- | --- |

—

having regard to its resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis (3),

| — | having regard to Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority (4), |
| --- | --- |

—

having regard to Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority (4),

| — | having regard to the studies by the Policy Department for Citizens’ Rights and Constitutional Affairs of its Directorate-General for Internal Policies of September 2015 entitled ‘Exploring new avenues for legislation for labour migration to the European Union’ and of October 2015 entitled ‘EU cooperation with third countries in the field of migration’, and to the EPRS study of March 2019 entitled ‘The cost of non-Europe in the area of legal migration’, |
| --- | --- |

—

having regard to the studies by the Policy Department for Citizens’ Rights and Constitutional Affairs of its Directorate-General for Internal Policies of September 2015 entitled ‘Exploring new avenues for legislation for labour migration to the European Union’ and of October 2015 entitled ‘EU cooperation with third countries in the field of migration’, and to the EPRS study of March 2019 entitled ‘The cost of non-Europe in the area of legal migration’,

| — | having regard to the Commission’s ‘Fitness Check on the EU Legislation on Legal Migration’ of 29 March 2019 (the ‘Fitness Check’), |
| --- | --- |

—

having regard to the Commission’s ‘Fitness Check on the EU Legislation on Legal Migration’ of 29 March 2019 (the ‘Fitness Check’),

| — | having regard to the Commission Joint Research Centre study of 23 April 2020 entitled ‘Immigrant Key Workers: Their Contribution to Europe’s COVID-19 Response’ and its technical report of 19 May 2020 entitled ‘A vulnerable workforce: Migrant workers in the COVID-19 pandemic’, |
| --- | --- |

—

having regard to the Commission Joint Research Centre study of 23 April 2020 entitled ‘Immigrant Key Workers: Their Contribution to Europe’s COVID-19 Response’ and its technical report of 19 May 2020 entitled ‘A vulnerable workforce: Migrant workers in the COVID-19 pandemic’,

| — | having regard to the studies by the European Migration Network, |
| --- | --- |

—

having regard to the studies by the European Migration Network,

| — | having regard to the studies by the Organisation for Economic Co-operation and Development, |
| --- | --- |

—

having regard to the studies by the Organisation for Economic Co-operation and Development,

| — | having regard to the work and reports of the UN Special Rapporteur on the human rights of migrants, |
| --- | --- |

—

having regard to the work and reports of the UN Special Rapporteur on the human rights of migrants,

| — | having regard to the work, reports and resolutions of the Council of Europe, |
| --- | --- |

—

having regard to the work, reports and resolutions of the Council of Europe,

| — | having regard to the work and reports of the International Organization for Migration, |
| --- | --- |

—

having regard to the work and reports of the International Organization for Migration,

| — | having regard to the EU legal labour migration acquis developed between 2004 and 2016, which regulates the conditions of entry and residence and the rights of third-country national workers, which includes: |
| --- | --- |

—

having regard to the EU legal labour migration acquis developed between 2004 and 2016, which regulates the conditions of entry and residence and the rights of third-country national workers, which includes:

| — | Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (5) (the Blue Card Directive), |
| --- | --- |

—

Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (5) (the Blue Card Directive),

| — | Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (6) (the Single Permit Directive), |
| --- | --- |

—

Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (6) (the Single Permit Directive),

| — | Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers (7) (the Seasonal Workers Directive), |
| --- | --- |

—

Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers (7) (the Seasonal Workers Directive),

| — | Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (8) (the ICT Directive), |
| --- | --- |

—

Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (8) (the ICT Directive),

| — | Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (9), |
| --- | --- |

—

Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (9),

| — | having regard to the Commission proposal of 7 June 2016 for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment (COM(2016)0378), and the respective positions adopted by the European Parliament and the Council in 2017, |
| --- | --- |

—

having regard to the Commission proposal of 7 June 2016 for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment (COM(2016)0378), and the respective positions adopted by the European Parliament and the Council in 2017,

| — | having regard to the directives which regulate the conditions of entry and residence and the rights of other more general categories of third-country nationals, such as the directives on the right to family reunification (10) and on the status of third-country nationals (TCNs) who are long-term residents (11), |
| --- | --- |

—

having regard to the directives which regulate the conditions of entry and residence and the rights of other more general categories of third-country nationals, such as the directives on the right to family reunification (10) and on the status of third-country nationals (TCNs) who are long-term residents (11),

| — | having regard to the directives which regulate the conditions of entry and stay for categories of TCNs who are not entering the EU in order to work, but are allowed to do so, such as the directives granting beneficiaries of international protection the right of access to employment and self-employment upon recognition of their status, or granting applicants for international protection access to the labour market no later than nine months after their application has been lodged, |
| --- | --- |

—

having regard to the directives which regulate the conditions of entry and stay for categories of TCNs who are not entering the EU in order to work, but are allowed to do so, such as the directives granting beneficiaries of international protection the right of access to employment and self-employment upon recognition of their status, or granting applicants for international protection access to the labour market no later than nine months after their application has been lodged,

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Employment and Social Affairs, |
| --- | --- |

—

having regard to the opinion of the Committee on Employment and Social Affairs,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0143/2021), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0143/2021),

| A. | whereas the current Union legislative framework on legal labour migration is fragmented, comprising sectoral directives that lay down the conditions of entry and residence for specific categories of TCNs; |
| --- | --- |

A.

whereas the current Union legislative framework on legal labour migration is fragmented, comprising sectoral directives that lay down the conditions of entry and residence for specific categories of TCNs;

| B. | whereas a patchwork of rules based on 27 national approaches renders the Union and its Member States an unattractive destination for legal migration; |
| --- | --- |

B.

whereas a patchwork of rules based on 27 national approaches renders the Union and its Member States an unattractive destination for legal migration;

| C. | whereas, despite the intention set out in the European agenda on migration to pursue a comprehensive approach, legal migration has barely featured in EU migration policy development since 2015; |
| --- | --- |

C.

whereas, despite the intention set out in the European agenda on migration to pursue a comprehensive approach, legal migration has barely featured in EU migration policy development since 2015;

| D. | whereas the New Pact on Migration and Asylum does not include any specific proposals on legal labour migration, despite legal labour migration being indispensable for a comprehensive migration and asylum policy; |
| --- | --- |

D.

whereas the New Pact on Migration and Asylum does not include any specific proposals on legal labour migration, despite legal labour migration being indispensable for a comprehensive migration and asylum policy;

| E. | whereas the current legislative framework is tilted towards employment with either multinational corporations (the ICT Directive) or those in highly skilled or highly paid sectors of the Union’s labour markets (the Blue Card Directive), with only one directive targeted at lower-paid migration (the Seasonal Workers Directive); |
| --- | --- |

E.

whereas the current legislative framework is tilted towards employment with either multinational corporations (the ICT Directive) or those in highly skilled or highly paid sectors of the Union’s labour markets (the Blue Card Directive), with only one directive targeted at lower-paid migration (the Seasonal Workers Directive);

| F. | whereas there is a shortage of labour in the EU for specific skill levels, sectors and occupations, including for low-skilled occupations (12); whereas the 2018 Commission communication on enhancing legal pathways to Europe acknowledges shortages in ‘skilled trades’ and ‘occupations requiring less formal skills’; |
| --- | --- |

F.

whereas there is a shortage of labour in the EU for specific skill levels, sectors and occupations, including for low-skilled occupations (12); whereas the 2018 Commission communication on enhancing legal pathways to Europe acknowledges shortages in ‘skilled trades’ and ‘occupations requiring less formal skills’;

| G. | whereas the COVID-19 pandemic has highlighted our intense reliance on frontline workers and the key role that migrant workers play in providing frontline services in the EU, where populations are rapidly ageing and where 13 % of key workers are immigrants on average (13); whereas COVID-19 has significantly affected migrants, their families, host communities and home countries, and has also exacerbated existing vulnerabilities that migrant workers and their families face across the EU, impeding their mobility, access to the labour market, right to decent working conditions, and access to social and health care; |
| --- | --- |

G.

whereas the COVID-19 pandemic has highlighted our intense reliance on frontline workers and the key role that migrant workers play in providing frontline services in the EU, where populations are rapidly ageing and where 13 % of key workers are immigrants on average (13); whereas COVID-19 has significantly affected migrants, their families, host communities and home countries, and has also exacerbated existing vulnerabilities that migrant workers and their families face across the EU, impeding their mobility, access to the labour market, right to decent working conditions, and access to social and health care;

| H. | whereas the Global Compact on Safe, Orderly and Regular Migration enhances cooperation on migration and acknowledges the shared responsibilities of all states to address each other’s needs and concerns over migration, and the overarching obligation to respect, protect and fulfil the human rights of all migrants, regardless of their migration status, while promoting the security and prosperity of all communities; |
| --- | --- |

H.

whereas the Global Compact on Safe, Orderly and Regular Migration enhances cooperation on migration and acknowledges the shared responsibilities of all states to address each other’s needs and concerns over migration, and the overarching obligation to respect, protect and fulfil the human rights of all migrants, regardless of their migration status, while promoting the security and prosperity of all communities;

| 1. | Starts from the principle that migration is normal and that people are constantly on the move; acknowledges the contribution that TCNs make to our societies, economies and cultures and stresses that migration needs to be managed in an orderly, safe and regular manner; believes that to establish new avenues for legal labour migration, the EU should set ambitious and future-proof goals, while simultaneously making effective use of and improving the existing legal and policy framework; |
| --- | --- |

1.

The current EU legislative framework

| 2. | Notes that Article 79 TFEU provides for the management of legal migration at Union level and commits the Member States to developing a common immigration policy, including common rules on conditions of entry and residence for TCNs and definitions of the rights they enjoy once legally residing in the Union, including conditions governing freedom of movement to and of residence in other Member States; acknowledges that Article 79(5) TFEU reserves the right for Member States to determine volumes of admission of TCNs coming to their territory to seek work; |
| --- | --- |

2.

| 3. | Underlines the positive effects of the EU framework on legal labour migration identified by the Commission in its Fitness Check; notes the existence of a degree of harmonisation in relation to conditions, procedures and rights, and increased legal certainty for TCNs, employers and local, regional and national administrations; notes, furthermore, the benefits of that harmonisation for competition in the EU’s labour markets; |
| --- | --- |

3.

| 4. | Underlines that an EU approach to legal labour migration does not automatically exclude the need for national legislative frameworks; recalls, however, that the existing Union framework regulating legal migration to the Union is fragmented, focuses on specific categories of workers, primarily workers employed in high-wage sectors, does not treat those categories of workers in the same way, including by providing for different levels of rights, and permits the existence of parallel national legislative frameworks; emphasises that the current asymmetric patchwork of national and EU laws, while reflecting differences between national labour markets, puts those national legislative frameworks in competition with one another and the Union framework, implying, by extension, bureaucratic procedures for both prospective workers and employers; |
| --- | --- |

4.

| 5. | Believes that such an approach only serves to meet short-term needs and is not in keeping with the Union’s goal of having a comprehensive approach to migration policy; takes the view that, if well-designed and well-managed, legal labour migration can be a source of prosperity, innovation and growth, for both sending and receiving countries; |
| --- | --- |

5.

| 6. | Highlights that in its Fitness Check, the Commission reached a similar conclusion and identified the need to address inconsistencies, gaps and shortcomings through a wide range of measures, including legislative measures; notes, furthermore, the favourable effects of new avenues for legal labour migration in reducing irregular migration, which is hazardous for TCNs seeking employment in the Union, and which can have negative effects on Member States’ labour markets; |
| --- | --- |

6.

| 7. | Is aware that the current Union framework regulating legal migration was developed, in part, to prevent labour exploitation and protect the rights of TCN workers; notes, however, that the existing directives have had only a limited impact on preventing labour exploitation, and that migrant workers continue to experience unequal treatment and labour exploitation; calls for the Union to take concerted action to address such unequal treatment and exploitation; considers the use of permits of limited duration in cases of exploitation a good practice that should be promoted across the Union; underlines the need for measures to improve the accessibility and efficiency of monitoring of the workplace; stresses that effective complaint mechanisms should be in place to protect all migrant workers against exploitation, in line with the 2009 Employer Sanctions Directive (14), which should, in particular, guarantee effective access to justice and redress, thus ensuring a level playing field; |
| --- | --- |

7.

Adopting a simplified approach

| 8. | Points out that the current legal framework and the divergent implementation of the existing directives by the Member States have resulted in many inconsistencies for TCNs as regards equal treatment, entry and re-entry conditions, work authorisation, residence status, intra-EU mobility, social security, recognition of qualifications and family reunification; notes that these inconsistencies can hinder integration; stresses, in addition, that these inconsistencies also create difficulties for businesses that employ TCNs (15) and for local authorities providing integration services; calls for the dissemination at national level of relevant information for businesses; |
| --- | --- |

8.

| 9. | Emphasises the added value of having a comprehensive Union framework for legal migration as part of a holistic approach to migration, as it provides opportunities through legal and safe pathways for labour-related migration, improves access for TCNs to the Union’s labour market, encourages more orderly migration, attracts workers, students and businesses that the EU and national labour markets need, helps undermine the criminal business model of smugglers and human traffickers, ensures that TCN workers are treated in accordance with fundamental rights, improves access to decent working conditions, and fosters integration on an equal basis for women and men; believes that such a holistic approach benefits TCN workers and their families, host communities and home countries; |
| --- | --- |

9.

| 10. | Reiterates that better and more consistent implementation of the current legislative framework, better enforcement of the rights laid down in the existing directives, and better dissemination of information to raise awareness of the applicable procedures are the first practical steps that need to be taken; |
| --- | --- |

10.

| 11. | Recommends that the legislative framework be simplified and harmonised by aligning provisions across the existing legal migration directives on application procedures, grounds for admission and refusal, procedural safeguards, equal treatment, access to the labour market, including the right to change employer, family reunification in line with Court of Justice of the European Union case law, and intra-EU mobility; |
| --- | --- |

11.

| 12. | Welcomes the Commission’s planned review of the Single Permit Directive; suggests that to reach a broader category of workers, the scope and the application of the directive should be expanded; further welcomes the Commission’s planned review of the Long-Term Residents Directive, which presents an opportunity to enhance mobility and simplify and harmonise procedures; looks forward to the upcoming Commission implementation report on the Seasonal Workers Directive, which should examine in detail provisions on residence status, equal treatment and the maximum period of stay; calls on the Commission to consider a legislative revision of the aforementioned directive following its evaluation; calls on the Commission to propose appropriate legislative action to improve the existing directives by aligning them with the most favourable provisions; |
| --- | --- |

12.

Improving intra-EU mobility

| 13. | Highlights the fact that the intra-EU mobility of TCNs is a key component of the EU’s legal migration policy, as it provides clear added value that cannot be achieved at Member-State level; recalls that the free movement of workers helps to match demand with supply in the EU’s labour markets and can also contribute to labour market adjustments and overall economic growth in times of crisis; |
| --- | --- |

13.

| 14. | Calls on the Member States to enhance coordination between national authorities related to schemes on the intra-EU mobility of TCNs; points to the need to facilitate the gathering of data, statistics and evidence, enhance information-sharing, coordination and cooperation between national authorities to improve the efficiency and effectiveness of the acquis, and exploit EU added value to the fullest; |
| --- | --- |

14.

| 15. | Emphasises that more harmonised and supple rules facilitating intra-EU mobility would act as an incentive for TCNs, represent a positive measure for employers, and help the Member States to fill gaps in their labour markets and boost their economies; stresses, moreover, that enhanced intra-EU mobility would allow TCNs already in the EU to improve their integration prospects; |
| --- | --- |

15.

| 16. | Notes that more recently adopted directives on students, researchers and intra-corporate transferees grant more far-reaching mobility rights to TCNs than legal migration directives adopted earlier, such as the original Blue Card Directive and the Long-Term Residents Directive; |
| --- | --- |

16.

| 17. | Recommends that, as a first step towards simplification, rights to intra-EU mobility be enhanced across the existing legal migration directives; reiterates that the Commission should propose appropriate legislative action; |
| --- | --- |

17.

Setting up a talent pool

| 18. | Underlines that new tools are needed to help match employers with prospective employees, address labour market shortages, and facilitate recognition of formal third-country qualifications and skills at Union level; highlights the fact that better information on legal migration to the EU is required for employers and TCNs, and that structured and meaningful dialogue with relevant third countries on legal migration needs to be scaled up; |
| --- | --- |

18.

| 19. | Recommends the development of an EU talent pool and matching platform to serve as a one-stop shop for TCN workers, EU employers and national administrations; notes the Commission’s plan to explore the development of such a talent pool; recommends that this should cover all sectors of employment for low-, medium- and highly skilled workers, and salaried and self-employed labour, including in small and medium-sized enterprises and start-ups; notes that the involvement of public employment services, including at local level, in such a platform in both the EU and countries of origin could help to improve partnerships and build trust between Member States and third countries, create a climate of investment, and respond more appropriately to employment needs or labour market shortages; recommends that the participation of third countries in such a talent pool be facilitated, for example online or via EU and Member State diplomatic representations; |
| --- | --- |

19.

| 20. | Highlights that such an EU talent pool could serve as an important new tool to match and manage skills supply with national labour markets, and that the EU could play an important role in setting up, monitoring and overseeing such a tool, including through funding and knowledge-sharing; recommends that the platform be used to clarify and better align education and training requirements between participating Member States and third countries; considers that a harmonised framework at EU level for applications, based on that talent pool, would help to reduce bureaucracy at Member-State level; believes that the EU can play an important role in pre-screening candidates’ qualifications, language levels and skills; highlights how important targeted information dissemination would be in promoting the talent pool and matching platform in third countries and participating Member States; |
| --- | --- |

20.

| 21. | Recommends that the assessment, mutual recognition and certification of diplomas, certificates and other professional qualifications, including the formal and non-formal acquisition of skills in third countries, be made easier, quicker, fairer and more streamlined across Member States by implementing accelerated procedures and facilitating access to information; takes the view that this would strengthen intra-EU mobility; highlights that the European qualifications framework provides a good basis on which to relate third-country qualification systems to a common EU reference framework; |
| --- | --- |

21.

| 22. | Insists that the Member States immediately put in place mechanisms and arrangements for the validation of professional experience and non-formal and informal learning in line with the 2012 Council Recommendation (16); stresses the need for national authorities to share best practices; insists on the importance of involving relevant civil society organisations, social partners and diaspora networks and TCN workers themselves, as well as local authorities and international organisations (in particular the International Organization for Migration (IOM), the International Labour Organization (ILO) and the Organisation for Economic Co-operation and Development (OECD)), in discussions on the definition of skills, which should include on-the-job training, informal qualifications and work experience; |
| --- | --- |

22.

Strengthening relations with third countries and


  enhancing


  legal pathways

| 23. | Stresses that given the EU’s ageing population and shrinking workforce, labour mobility schemes have the potential to galvanise EU labour markets and contribute to economic growth; |
| --- | --- |

23.

| 24. | Supports global and regional cooperation on migration as one way to strengthen the availability and flexibility of pathways for regular migration; remains convinced that enhancing proper legal migration channels would help to reduce irregular migration, undermine the business model of criminal smugglers, reduce trafficking in human beings and labour exploitation, enhance equal opportunities for all workers and offer a legal path for those considering migrating to the Union; calls, in that respect, on the Commission to regulate recruitment agencies, potentially through the European Labour Authority; |
| --- | --- |

24.

| 25. | Considers that a wider migration dialogue, for instance through regular summits between the EU and multiple third countries, could facilitate the meeting of the needs of the EU labour markets and the development of balanced partnerships, including on the initiative of businesses and civil society, which can help prepare for the integration of TCNs into the labour market of the country of destination and can enhance the sustainable transfer of acquired skills between countries of origin and destination; highlights that inspiration could be found in existing skills-based agreements on the development of talent partnerships that allow the destination country to be directly involved in shaping the skill sets of TCNs potentially interested in migrating to the EU, including by establishing training facilities and programmes for third countries, and address the need for transparency of partnerships with third countries, including through the need to involve social partners; |
| --- | --- |

25.

| 26. | Underlines the important role of remittances and the benefits that safe, regular and orderly migration has for both sending and receiving countries; supports efforts to address the ‘brain drain’ and ‘brain gain’ issues by further developing instruments that allow for circular migration; calls on the Commission in that respect to analyse the benefits and downsides of existing models applied by other countries, such as a points-based system and expression-of-interest-based models; recommends, with a view to facilitating circular migration, the introduction of preferred mobility, and access to renewable permits, the right of re-entry, and an extension of the permitted period of absence for TCNs to allow them to return to their home countries; |
| --- | --- |

26.

Developing the EU’s legislative framework

| 27. | Recalls that the EU is lagging behind in the global competition for talent; notes that the only proposal concerning legal labour migration presented by the previous Commission was for a revision of the Blue Card Directive; remains committed to seeking a meaningful and robust revision of the Blue Card Directive to bring added value in terms of harmonisation, recognition of skills, simplification of procedures and improved intra-EU mobility; |
| --- | --- |

27.

| 28. | Emphasises the need for a structured dialogue and consultation of stakeholders, including relevant civil society organisations, social partners and diaspora networks, TCN workers themselves, and local authorities and international organisations (in particular the IOM, the ILO and the OECD), when considering the future development of the EU’s legislative framework; |
| --- | --- |

28.

| 29. | Takes the view that EU and national policies on legal migration should focus on responding to labour market and skills shortages; calls on the Commission, to this end, to analyse inefficiencies in labour market tests and labour migration schemes which do not respond to real labour market needs; recommends that the Union develop its legislative framework to cover, to a greater extent, TCNs seeking work in low-skilled or medium-skilled employment (17); |
| --- | --- |

29.

| 30. | Notes, in that context, that TCNs are often employed in the home and domestic care sector (18); notes that this is a sector in which most employees are women; calls on the EU and its Member States to ratify ILO Convention 189 on domestic workers and to ensure the full application of employment standards; calls on the Commission, moreover, to consider legislative action in this area; |
| --- | --- |

30.

| 31. | Calls on the Commission to develop an EU-wide scheme to attract and facilitate the cross-border activities of self-employed people, entrepreneurs, and start-ups — in order to enhance innovation — as well as younger TCNs with no formal qualifications, through, for example, job-seeker and training visas, taking into account the services of the Europass platform in line with Decision (EU) 2018/646 of the European Parliament and of the Council (19); |
| --- | --- |

31.

| 32. | Recognises that sectoral directives are a panacea neither for the EU’s labour market needs, nor for the issue of legal migration more generally, while acknowledging that most Member States have national schemes to attract labour migrants; believes that, in the medium term, the EU must move away from a sectoral approach and adopt an immigration code setting out broad rules governing entry and residence for all TCNs seeking employment in the Union and harmonising the rights enjoyed by such TCNs and their families; |
| --- | --- |

32.

| 33. | Points out that such an overarching legislative instrument would address the current patchwork of procedures, remove the different requirements laid down across the Member States and provide the needed simplification and harmonisation of rules without discriminating against any sector of employment or type of employee; considers, furthermore, that such an instrument would facilitate cooperation between Member States and between the EU and third countries; |
| --- | --- |

33.

o

o o

| 34. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

34.

---

(1)  OJ C 58, 15.2.2018, p. 9.

(2)  PE573.223v01-00.

(3)  Texts adopted, P9_TA(2020)0176.

(4)  OJ L 186, 11.7.2019, p. 21.

(5)  OJ L 155, 18.6.2009, p. 17.

(6)  OJ L 343, 23.12.2011, p. 1.

(7)  OJ L 94, 28.3.2014, p. 375.

(8)  OJ L 157, 27.5.2014, p. 1. Intra-corporate transferees are seconded from an undertaking established outside the EU to an entity belonging to the same group of undertakings established in the EU.

(9)  OJ L 132, 21.5.2016, p. 21.

(10)  Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 12).

(11)  Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16, 23.1.2004, p. 44).

(12)  Policy Department C studies on exploring new avenues for legislation for labour migration to the EU and on EU cooperation with third countries in the field of migration.

(13)  Fasani, F. and Mazza, J., Immigrant Key Workers: Their Contribution to Europe's COVID-19 Response, Publications Office of the European Union, Luxembourg, 2020.

(14)  Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24).

(15)  The Fitness Check identified the following main areas as having the most internal coherence issues: application procedures, admission and residence conditions (including grounds for rejection and withdrawal), equal treatment conditions, intra-EU mobility and family reunification.

(16)  Council Recommendation of 20 December 2012 on the validation of non-formal and informal learning (OJ C 398, 22.12.2012, p. 1).

(17)  See e.g. European Migration Network, Determining labour shortages and the need for labour migration from third countries in the EU, European Commission, Brussels, 2015.

(18)  See also: EPRS, The cost of non-Europe in the area of legal migration, European Parliament, Brussels, 2019, pp. 21–22.

(19)  Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (Europass) (OJ L 112, 2.5.2018, p. 42).

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/204 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/204

---

P9_TA(2021)0261

Digital future of Europe: digital single market and use of AI for European consumers

European Parliament resolution of 20 May 2021 on shaping the digital future of Europe: removing barriers to the functioning of the digital single market and improving the use of AI for European consumers (2020/2216(INI))

(2022/C 15/22)

The European Parliament,

| — | having regard to the Commission communication of 19 February 2020 entitled ‘Shaping Europe’s digital future’ (COM(2020)0067), |
| --- | --- |

—

having regard to the Commission communication of 19 February 2020 entitled ‘Shaping Europe’s digital future’ (COM(2020)0067),

| — | having regard to the Commission white paper of 19 February 2020 entitled ‘Artificial Intelligence — a European approach to excellence and trust’ (COM(2020)0065), |
| --- | --- |

—

having regard to the Commission white paper of 19 February 2020 entitled ‘Artificial Intelligence — a European approach to excellence and trust’ (COM(2020)0065),

| — | having regard to the Commission report of 19 February 2020 entitled ‘the safety and liability implications of Artificial Intelligence, the Internet of Things and robotics’ (COM(2020)0064), |
| --- | --- |

—

having regard to the Commission report of 19 February 2020 entitled ‘the safety and liability implications of Artificial Intelligence, the Internet of Things and robotics’ (COM(2020)0064),

| — | having regard to the Commission communication of 10 March 2020 entitled ‘Identifying and addressing barriers to the Single Market’ (COM(2020)0093), |
| --- | --- |

—

having regard to the Commission communication of 10 March 2020 entitled ‘Identifying and addressing barriers to the Single Market’ (COM(2020)0093),

| — | having regard to the Commission communication of 10 March 2020 entitled ‘Long term action plan for better implementation and enforcement of single market rules’ (COM(2020)0094), |
| --- | --- |

—

having regard to the Commission communication of 10 March 2020 entitled ‘Long term action plan for better implementation and enforcement of single market rules’ (COM(2020)0094),

| — | having regard to the Commission communication of 13 November 2020 entitled ‘New Consumer Agenda — Strengthening consumer resilience for sustainable recovery’ (COM(2020)0696), |
| --- | --- |

—

having regard to the Commission communication of 13 November 2020 entitled ‘New Consumer Agenda — Strengthening consumer resilience for sustainable recovery’ (COM(2020)0696),

| — | having regard to the Commission communication of 25 April 2018 entitled ‘Artificial Intelligence for Europe’ (COM(2018)0237), |
| --- | --- |

—

having regard to the Commission communication of 25 April 2018 entitled ‘Artificial Intelligence for Europe’ (COM(2018)0237),

| — | having regard to the working paper entitled ‘Shaping the digital transformation in Europe’ of February 2020, drawn up by McKinsey & Company for the Commission (1), |
| --- | --- |

—

having regard to the working paper entitled ‘Shaping the digital transformation in Europe’ of February 2020, drawn up by McKinsey & Company for the Commission (1),

| — | having regard to the Digital Economy and Society Index (DESI) reports of 2020 and to the Special Eurobarometer results ‘Attitudes towards the impact of digitalisation on daily lives’ (2), |
| --- | --- |

—

having regard to the Digital Economy and Society Index (DESI) reports of 2020 and to the Special Eurobarometer results ‘Attitudes towards the impact of digitalisation on daily lives’ (2),

| — | having regard to Council conclusions of 9 June 2020 on shaping Europe’s digital future, |
| --- | --- |

—

having regard to Council conclusions of 9 June 2020 on shaping Europe’s digital future,

| — | having regard to the Commission communication of 19 February 2020 entitled ‘A European Data Strategy’ (COM(2020)0066), |
| --- | --- |

—

having regard to the Commission communication of 19 February 2020 entitled ‘A European Data Strategy’ (COM(2020)0066),

| — | having regard to Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (3), |
| --- | --- |

—

having regard to Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (3),

| — | having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (4), |
| --- | --- |

—

having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (4),

| — | having regard to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (5), |
| --- | --- |

—

having regard to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (5),

| — | having regard to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (6), |
| --- | --- |

—

having regard to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (6),

| — | having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (7), |
| --- | --- |

—

having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (7),

| — | having regard to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (8), |
| --- | --- |

—

having regard to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (8),

| — | having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (9), |
| --- | --- |

—

having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (9),

| — | having regard to its resolution of 19 January 2016 on Towards a Digital Single Market Act (10), |
| --- | --- |

—

having regard to its resolution of 19 January 2016 on Towards a Digital Single Market Act (10),

| — | having regard to Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (11), |
| --- | --- |

—

having regard to Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (11),

| — | having regard to Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (12), |
| --- | --- |

—

having regard to Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (12),

| — | having regard to Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC, and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union Consumer protection rules (13), |
| --- | --- |

—

having regard to Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC, and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union Consumer protection rules (13),

| — | having regard to Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (14), |
| --- | --- |

—

having regard to Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (14),

| — | having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (15), |
| --- | --- |

—

having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (15),

| — | having regard to Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (16), |
| --- | --- |

—

having regard to Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (16),

| — | having regard to its resolution of 12 February 2020 on automated decision-making processes: ensuring consumer protection and free movement of goods and services (17), |
| --- | --- |

—

having regard to its resolution of 12 February 2020 on automated decision-making processes: ensuring consumer protection and free movement of goods and services (17),

| — | having regard to its resolution of 20 October 2020 with recommendations to the Commission on the Digital Services Act: Improving the functioning of the Single Market (18), |
| --- | --- |

—

having regard to its resolution of 20 October 2020 with recommendations to the Commission on the Digital Services Act: Improving the functioning of the Single Market (18),

| — | having regard to its resolution of 20 October 2020 on intellectual property rights for the development of artificial intelligence technologies (19), |
| --- | --- |

—

having regard to its resolution of 20 October 2020 on intellectual property rights for the development of artificial intelligence technologies (19),

| — | having regard to its resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies (20), |
| --- | --- |

—

having regard to its resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies (20),

| — | having regard to its resolution of 20 October 2020 with recommendations to the Commission on a civil liability regime for artificial intelligence (21), |
| --- | --- |

—

having regard to its resolution of 20 October 2020 with recommendations to the Commission on a civil liability regime for artificial intelligence (21),

| — | having regard to its resolution of 20 January 2021 on strengthening the single market: the future of free movement of services (22), |
| --- | --- |

—

having regard to its resolution of 20 January 2021 on strengthening the single market: the future of free movement of services (22),

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on International Trade, the Committee on Industry, Research and Energy, the Committee on Transport and Tourism, the Committee on Culture and Education, the Committee on Legal Affairs, the Committee on Civil Liberties, Justice and Home Affairs, the Committee on Employment and Social Affairs, the Committee on Agriculture and Rural Development and the Committee on Women’s Rights and Gender Equality, |
| --- | --- |

—

having regard to the opinions of the Committee on International Trade, the Committee on Industry, Research and Energy, the Committee on Transport and Tourism, the Committee on Culture and Education, the Committee on Legal Affairs, the Committee on Civil Liberties, Justice and Home Affairs, the Committee on Employment and Social Affairs, the Committee on Agriculture and Rural Development and the Committee on Women’s Rights and Gender Equality,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection (A9-0149/2021), |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection (A9-0149/2021),

| A. | whereas barriers in the digital single market still exist and they have to be removed in order to realise its full potential, and whereas a common human centric EU approach is essential for its success; |
| --- | --- |

A.

whereas barriers in the digital single market still exist and they have to be removed in order to realise its full potential, and whereas a common human centric EU approach is essential for its success;

| B. | whereas digitalisation has the potential to add significant value to the single market as a whole, and is important for both European consumers as well as traditional and non-traditional sectors and can be a competitive advantage on the global market; |
| --- | --- |

B.

whereas digitalisation has the potential to add significant value to the single market as a whole, and is important for both European consumers as well as traditional and non-traditional sectors and can be a competitive advantage on the global market;

| C. | whereas the digital single market presents different challenges to traditional markets, the principle ‘what is illegal offline is illegal online’ should be respected; |
| --- | --- |

C.

whereas the digital single market presents different challenges to traditional markets, the principle ‘what is illegal offline is illegal online’ should be respected;

| D. | whereas AI is, to a certain extent, already subject to existing legislative requirements; |
| --- | --- |

D.

whereas AI is, to a certain extent, already subject to existing legislative requirements;

| E. | whereas there is a need to build public trust in AI by including by default the full respect of fundamental rights, consumer protection, data protection and security and fostering innovation in Europe; |
| --- | --- |

E.

whereas there is a need to build public trust in AI by including by default the full respect of fundamental rights, consumer protection, data protection and security and fostering innovation in Europe;

| F. | whereas the White Paper on Artificial Intelligence recognised agriculture as one of the sectors in which AI can increase efficiency and one of the general objectives of the future common agricultural policy (CAP) is to promote smart farming; whereas AI research and work in the field of agriculture and animal husbandry has the potential to increase the attractiveness of the sector for younger people and to improve agricultural performance in areas with natural constraints, as well as animal welfare and productivity; whereas the farm to fork strategy and the biodiversity strategy set out to help farmers to cultivate quality produce and reduce nutrient losses and the use of pesticides and fertilisers by 2030; |
| --- | --- |

F.

whereas the White Paper on Artificial Intelligence recognised agriculture as one of the sectors in which AI can increase efficiency and one of the general objectives of the future common agricultural policy (CAP) is to promote smart farming; whereas AI research and work in the field of agriculture and animal husbandry has the potential to increase the attractiveness of the sector for younger people and to improve agricultural performance in areas with natural constraints, as well as animal welfare and productivity; whereas the farm to fork strategy and the biodiversity strategy set out to help farmers to cultivate quality produce and reduce nutrient losses and the use of pesticides and fertilisers by 2030;

| G. | whereas the digital transition requires increased investment in key enablers of the digital economy and coordination with Green transition policies; |
| --- | --- |

G.

whereas the digital transition requires increased investment in key enablers of the digital economy and coordination with Green transition policies;

| H. | whereas AI offers many benefits but also presents certain risks; |
| --- | --- |

H.

whereas AI offers many benefits but also presents certain risks;

| I. | whereas EU Member States and EU institutions have an obligation under the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights to ensure that each person’s rights to privacy, data protection, free expression and assembly, non-discrimination, dignity and other fundamental rights are not unduly restricted by the use of new and emerging technologies; |
| --- | --- |

I.

whereas EU Member States and EU institutions have an obligation under the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights to ensure that each person’s rights to privacy, data protection, free expression and assembly, non-discrimination, dignity and other fundamental rights are not unduly restricted by the use of new and emerging technologies;

| J. | whereas the use of AI also poses risks and raises concerns regarding the ethics, scope and transparency of the collection, use and dissemination of personal data; |
| --- | --- |

J.

whereas the use of AI also poses risks and raises concerns regarding the ethics, scope and transparency of the collection, use and dissemination of personal data;

Part 1: removing barriers to the functioning of the digital single market

| 1. | Believes the EU’s digital policy should create and support the key foundations needed for the European public and private sectors to be world leaders in trustworthy, human-centric digital innovation; considers that the digital single market is one such foundation and is about ensuring the full potential of new technologies by removing unjustified national barriers, by establishing legal clarity for consumers and businesses, benefiting for European citizens and strengthening competition; believes that having a better organised and common European approach for market integration and harmonisation can contribute to that result; believes that further actions are needed at both Member State and EU level to achieve this; |
| --- | --- |

1.

| 2. | Stresses the importance of a fully functioning digital single market for the benefit of consumers and enterprises and asks for SMEs to be supported in their digital transformation and expects the Commission to introduce a fitness check for SMEs before proposing legislation; |
| --- | --- |

2.

| 3. | Believes that the EU’s approach to digitalisation needs be fully compliant with fundamental rights, consumer protection, technological neutrality, net neutrality and data protection rules, inclusiveness and non-discrimination; |
| --- | --- |

3.

| 4. | Believes that digitalisation and emerging technologies such as AI can contribute to achieving the objectives of the EU Industrial Strategy, Green Deal and to overcome some of the difficulties created by the COVID-19 crisis; further believes that a mutually reinforcing policy approach towards the Green Deal, the Industrial Strategy and digitalisation could help both the realisation of their objectives while also fostering the EU’s technological leadership; points out the potential of digital solutions, such as teleworking and AI applications, to support the participation of people with disabilities in the Digital Single Market; considers that the COVID-19 crisis also offers an opportunity to speed up digitalisation, and that the digital transformation must serve the public interest overall; believes that the digital transformation could help to meet the needs of urban, rural and isolated regions in the EU; |
| --- | --- |

4.

| 5. | Notes the potential of new technologies for the transition to a circular and sustainable economy, by facilitating the introduction of circular business models, promoting energy efficiency of data processing and storage systems and contributing to more sustainable value chains and optimising resource use; |
| --- | --- |

5.

| 6. | Calls on the Commission to promote and support the uptake and development of sustainable technology in the realisation of the Green Deal including by assessing the environmental impact of data sharing and the infrastructures required to ensure a sustainable digital deployment; |
| --- | --- |

6.

| 7. | Stresses that enabling sharing and access to essential and well-defined data sets will be key to fully unlock the potential of the Green Deal; calls on the Commission to assess which datasets are essential to that purpose; |
| --- | --- |

7.

| 8. | Believes that practices that undermine consumer rights, data protection and labour rights should be eliminated; |
| --- | --- |

8.

| 9. | Highlights that the Commission should adopt a balanced, future proofed and evidence based approach to legislation based on the subsidiarity principle that creates a digital single market that ensures the provision of public services, is competitive, fair, accessible, technologically neutral, innovation-friendly, consumer-friendly, human-centric and trustworthy, and that builds a secure data society and economy; |
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9.

| 10. | Underlines that equal conditions should prevail as regards the taxation of the digital economy and the traditional economy, by finding a shared understanding of where value is created; |
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10.

| 11. | Points out that where relevant SMEs and other economic actors could benefit by using cooperative models such as open source and open software, depending on different situations or context by taking into account the potential advantages, cybersecurity, privacy and data protection and without prejudice to applicable legislation; believes that this can contribute towards achieving European strategic autonomy in digital; |
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11.

| 12. | Calls on the Commission to keep in line with its guiding principles in its future legislative proposals, and to avoid the fragmentation of the digital single market, remove any existing unjustified barriers and unnecessary administrative requirements, support innovation especially for SMEs, and use the appropriate incentives that create a level playing field, and equal access to investment opportunities; |
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12.

| 13. | Asks the Commission to ensure an effective and efficient enforcement of both current and any new legislative requirements; believes that enforcement needs to work effectively across borders and across sectors, with greater cooperation between authorities, and with due regard for the expertise and relevant competence of each authority; believes that the Commission should provide a guiding framework to ensure coordination for any new regulatory requirements on AI or related fields; |
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13.

| 14. | Calls on the Commission to aim at both an innovation and consumer friendly regulatory environment, strengthening the financial and institutional support for the European digital economy in close coordination with Member States and stakeholders through measures such as: investing in education, research and development, supporting innovations in Europe, providing increased and broader access to easily readable and interoperable high quality industrial and public data, building digital infrastructure, increasing the general availability of digital skills within the population, promoting technological leadership for the business environment, and creating a proportionate and harmonised regulatory environment; |
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14.

| 15. | Considers that smart public procurement, such as European GovTech platform, can play in supporting digital developments across the EU; |
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15.

| 16. | Considers that substantial investment and public-private cooperation are required in the field of AI and other key new technologies; welcomes the use of EU funding programmes to support the digitalisation of our society and industry insofar as they are based on the principles of efficiency, transparency and inclusiveness; calls for the coordinated implementation of the different funds to maximise the synergies between the programmes; suggests a strategic prioritisation of funds to build the necessary digital infrastructure; calls for NextGenerationEU, as well as public and private funding, to increase investment so as to reflect the EU’s ambition of becoming a global technological leader, developing its research and knowledge and reaping the full benefits of digitalisation for all in society; |
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16.

| 17. | Considers that AI poses a special challenge for SMEs and that unnecessary complex regulatory requirements may disproportionately impact their competitiveness; the transition to AI solutions should help these companies and new legislation on the use of AI should not create unjustified administrative burdens jeopardising their competitiveness in the market; |
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17.

| 18. | Calls on the Commission to ensure wider coordination of investment in the NextGenerationEU recovery plan; calls on the Commission to propose concrete actions within this plan to support high impact technologies and infrastructure in the EU such as artificial intelligence, high performance computing, quantum computing, cloud infrastructure, platforms, smart cities, 5G and fibre infrastructure; |
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18.

| 19. | Recalls that SMEs are the backbone of Europe’s economy and need special support from EU funding programmes to make the digital transition; calls on the Commission and the Member States to strengthen their support to start-ups and Micro, Small and Medium Enterprises (MSMS), via the Single Market Programme, Digital Innovation Hubs and the Recovery and Resilience Facility, in the development and application of digital technologies, in order to further drive digital transformation and thus enable them to fully develop their digital potential and competitiveness for growth and jobs in Europe; |
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19.

| 20. | Notes that there is a significant lack of European venture and seed capital, as well as of private equity funding, when compared to other markets; considers that this often leads European start-ups to scale-up in third country markets rather than expanding in the EU; believes that this prevents the wider European economy from gaining as many spill over benefits from ventures originating in Europe; highlights the disproportionately large role of public entities in the innovation and research funding that currently exists and the significant differences in start-up ecosystems and available financing between Member States; calls on the Commission and the Member States to propose a comprehensive European approach to broaden the sources of capital for technological investments in the EU, including initiatives to support angel investing by European private sector leaders, as well as to ensure facilitate the availability of venture and seed capital for European companies and start-ups; |
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20.

| 21. | Underlines that the Digital Europe programme as well as the Horizon Europe and Connecting Europe programmes are necessary to drive the digital transformation of Europe and should receive adequate funding; urges the Commission to ensure that these programmes are deployed as soon as possible; recalls that the Member States must uphold their commitment under the Europe 2020 strategy to invest 3 % of their GDP in research and development; |
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21.

| 22. | Calls on the Commission to work to position the EU as leader in the adoption and standardisation process for new technologies, ensuring that AI is human-centric and consistent with European values, fundamental rights and norms; highlights the need to work with standardisation organisations, industry and also with international partners on setting global standards, given the global nature of technology leadership and development; considers the use of CEN Workshops Agreement in specific areas, such as AI and new emerging technologies, as a way to increase efficiency in creating harmonised standards; |
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22.

| 23. | Supports the Commission’s objective to increase the availability and sharing of non-personal data, to strengthen Europe’s economy; considers that while fulfilling this objective, risks associated with an increased access to non-personal data such as de-anonymization should be taken into account; |
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23.

| 24. | Believes that there is a need to incentivise access to more data for SME’s and calls for incentives meant to give SMEs access to non-personal data produced by other private stakeholders in a voluntary and mutually benefiting process to comply with all necessary safeguards in line with Regulation (EU) 2016/679 as well as well as legal framework on intellectual property rights; |
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24.

| 25. | Notes that in the fulfilment of public services or in the course of public procurement contracts public undertakings generate, collect and process a significant amount of non-personal data, that represents a considerable value for its commercial reuse and benefit for society; encourages the Commission and the Member states to make such data more broadly available for the re-use in the general interest, in the furtherance of the objectives of the Open Data Directive; |
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25.

| 26. | Recalls that we need a data economy that works for the entire EU, as it is a key enabler of digitalisation; considers that a high level of data protection for trustworthy AI, could help improve consumer trust; believes that it is important for the EU to guarantee a high degree of customers’ and, where applicable, consumers’ control over their data while ensuring the highest standards of protection for personal data, with clear and balanced rules on inter alia intellectual property rights (IPR), but considers it essential to maintain openness towards third countries, and that the free flow of non-personal data across borders is important; |
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26.

| 27. | Takes note of the Digital Services Act and the Digital Markets Act, and believes that they should contribute to supporting innovation, guaranteeing a high level of consumer protection and the improvement of users’ rights, trust and safety online; stresses the need to ensure that European market stays active and highly competitive; |
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27.

| 28. | Outlines that consumer protection should play an important role in the Digital Services Act and is convinced that stronger transparency and due diligence for online marketplaces would enhance the safety of products and therefore strengthen the trust of consumers in online marketplaces; |
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28.

| 29. | Highlights, therefore, that clear responsibilities for online marketplaces based on the principle of proportionality are needed; outlines that the responsibility of content-hosting platforms for goods sold or advertised on them should be clarified in order for close the legal gap in which the buyers failed to obtain the satisfaction to which they are entitled according to the law or the contract for the supply of goods for example because of the inability to identify the primary seller, for example, the Know Your Business Customer principle; |
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29.

| 30. | Welcomes the New Consumer Agenda proposed by the Commission, and encourages the Commission to update consumer protection legislation, where appropriate, to take better account of the impact of new technologies and potential consumer harm, especially for the most vulnerable groups and considering the impact of the COVID-19 pandemic; considers that European consumers should be empowered to play an active role in the digital transition and that consumer trust and the adoption of digital technologies depends on their rights being protected in all circumstances; |
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30.

| 31. | Recalls that the unjustified geo-blocking of online services constitutes a significant barrier to the Single Market, and an unjustified discrimination between European consumers; notes the Commission’s first short-term review of the Geo-blocking Regulation and urges the Commission to continue its assessment, and to engage in stakeholder dialogue taking into account the increasing demand for cross-border access to audiovisual services with a view to fostering circulation of quality content across the EU; |
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31.

| 32. | Reiterates the EU fundamental rights to privacy, and protection of personal data including among others, the explicit informed consent as enshrined in the GDPR Regulation; points out that consent should be based on understandable and easily accessible information on how the personal data will be used and processed and that this should also be respected then using algorithms; |
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32.

| 33. | Welcomes the New EU’s Cybersecurity Strategy for the Digital Decade, which is indispensable to secure citizens’ trust and fully benefit from innovation, connectivity and automation in the digital transformation, while safeguarding fundamental rights, and calls for the effective and speedy implementation of the measures outlined; |
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33.

| 34. | Calls on the Member States to implement without delay the European Accessibility Act, in order to effectively remove barriers for citizens with disabilities and ensure the availability of accessible digital services, as well as the suitability of the conditions under which they are provided, with the objective of achieving a fully inclusive and accessible Digital Single Market that ensures the equal treatment and the inclusion of people with disabilities; encourages the Member States to extend the application of the Directive on the accessibility of the websites and mobile applications of public sector bodies to areas that are open for public use, especially in the health, transport, postal or telecommunications sector (23); |
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34.

Part 2: improving the use of AI for European consumers

| 35. | Strongly believes that AI, if developed in accordance with the applicable legislation, has the potential to improve certain areas for European citizens, and offer significant benefits and value for the economy, safety, security, education, healthcare, transport and the environment; believes the safety, security, inclusiveness, non-discrimination, accessibility and fairness, especially for groups of consumers considered to be in vulnerable situations, of AI-driven products and services need to be ensured so that no-one is left behind and their benefits should be available across society; |
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35.

| 36. | Recognises that in order to benefit from AI, the Commission, the Member States, the private sector, civil society and the scientific community all need to collaborate effectively to create an ecosystem for safe human-centric AI that will benefit the whole society; |
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36.

| 37. | Notes that while AI offers good potential, it can also present certain high risks due to issues such as bias and opacity; believes that these risks can manifest themselves depending on the specific context and use-cases of AI; calls for the traceability processes of AI-based systems to be transparent and capable of being reviewed in the event of demonstrated serious harm; |
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37.

| 38. | Considers that aside from some of the barriers to the development, adoption and effective regulation of digital technologies in the EU, a lack of consumer trust and confidence can hold back the widespread adoption of AI; draws attention to the lack of citizens’ understanding of the processes by which advanced algorithmic and artificial intelligence systems make decisions; |
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38.

| 39. | Notes that consumers need a clear and predictable legal framework in case of product malfunction; |
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39.

| 40. | Calls on the Commission and the Member States to continuously improve the part of the public administration that will be responsible for implementing future legislation on AI; |
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40.

| 41. | Welcomes the Commission’s white paper on AI, and calls on the Commission to develop a common EU regulatory framework for AI that is human-centric, risk-based, clear and future-proof; believes this is needed to oversee automated decision making systems and that this should complement existing legislation relevant to AI and ensure it is proportionate according to the level of risk; |
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41.

| 42. | Stresses the need to ensure that there is an adequate degree of human control over algorithmic decision making and that proper and effective redress mechanisms are in place; |
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42.

| 43. | Stresses the importance of empowering consumers with basic training and skills on AI that would allow them to benefit more from these technologies and, at the same time, protect themselves from any possible threats; |
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43.

| 44. | Notes that, while to varying degrees, AI is already subject to current European legislation, AI raises new, so far unresolved, legal questions that affect consumers and thus calls on the Commission to issue clear guidance on the functioning and synergy between any current applicable legislation and any proposed new measures in order to fill the existing legal gaps and to achieve a proportionate and consistent legal framework; considers cooperation between Member States to be important to strengthen the digital single market; |
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44.

| 45. | Calls on the Commission and the Member States to ensure close cooperation when enforcing the regulatory framework in order to prevent a fragmented Single Market; |
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45.

| 46. | Considers that AI is a fast moving technology that requires effective legislation not only guidelines, based on principles and proportionality; believes that to achieve this AI needs to be broadly defined so that any regulatory measures across different sectors can remain flexible and adaptable in order to take into account future developments, and adequately address the different risk levels of AI-uses to be further defined within the sectorial frameworks; Believes that the future regulation needs to adequately reflect the degree to which the perceived risks of AI arise in practice in the varying ways AI is used and deployed; |
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46.

| 47. | Points out that the use of self-learning algorithms enables businesses to gain a comprehensive insight about consumer’s personal circumstances and behaviour patterns; thus calls on the Commission to comprehensively regulate AI technologies in order to prevent an unfair or abusive use of such systems; |
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47.

| 48. | Believes that the objective of a regulatory framework for AI should be to create an internal market for trustworthy and safe AI-enabled products, applications and services, and that this should be based on Article 114 the Treaty on the Functioning of the European Union; |
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48.

| 49. | Underlines the consumers right to be adequately informed in a timely and easily-accessible manner about the existence and possible outcome of AI systems, and about how the system’s decisions can be checked, meaningfully contested and corrected; |
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49.

| 50. | Calls for a mandatory information provision to indicate whether consumers are interacting with AI systems; |
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50.

| 51. | Believes that explicability and transparency is crucial for building and maintaining users’ trust in AI systems; considers that this means that processes need to be transparent, the capabilities and purpose of AI systems openly communicated, and decisions explainable to those directly affected; |
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51.

| 52. | Believes the regulatory framework needs to support the development of trustworthy AI systems and should ensure high consumer protection standards in order to strengthen consumer’s confidence in AI enabled products; considers that a more gradual establishment of risks and corresponding legal requirements and safeguards against consumer harm are needed; believes also that the regulatory framework should ensure transparency, accountability and provide for clear communication of the relevant requirements to both consumers and regulatory authorities, and incentivise AI developers and deployers proactively to adopt trustworthy AI; |
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52.

| 53. | Calls on the Commission to promote the exchange of information related to algorithmic systems between the Member States’ authorities and to support the development of a common understanding of algorithmic systems in the Single Market by issuing guidance, opinions and expertise; |
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53.

| 54. | Believes that such a framework should be based on an ethical, human-centric, fundamental rights based approach throughout the design, development and life cycle of AI products based on the preservation of fundamental rights and the principles of transparency, explainability (when relevant), accountability and the rights, obligations of the GDPR — including data minimisation, purpose limitation and data protection by design and by default; |
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54.

| 55. | Believes that the scope of new regulatory requirements should be scaled so that AI applications in their specific context which are deemed to pose the highest risk are subject to the most stringent regulatory requirements and controls, including the possibility to prohibit harmful or discriminatory practices; calls on the Commission to develop an objective methodology for calculating the risk of harm, in addition to what already by exists in current consumer legislation; believes that such a methodology should avoid a restrictive, binary approach that could quickly become obsolete, and instead focus on the context, application and specific use of AI; |
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55.

| 56. | Stresses that EU-wide AI standardisation should foster innovation and interoperability, as well as guarantee a high level of consumer protection; acknowledges that, while a significant number of standards already exist, further promotion and development of common standards, such as those applicable to component parts and full applications, for AI is necessary; |
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56.

| 57. | Considers that once clear legal rules and enforcement mechanisms are in place, the role of a voluntary trustworthy label could be considered for AI, while at the same time it is important to bear in mind that the information asymmetry inherent to algorithmic learning systems, makes the role of labelling schemes very complex; considers that such a label could improve transparency of AI-based technology; underlines that any such labelling scheme must be understandable for consumers and be shown to provide a measurable benefit in consumer awareness with compliant AI applications, empowering them to make an informed choice, otherwise it will not achieve a sufficient level of adoption in real-world use; |
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57.

| 58. | Strongly believes that new regulatory requirements and assessments must be both understandable and implementable, and should be incorporated into existing sector specific requirements where possible and keep administrative burdens proportionate; |
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58.

| 59. | Calls on the Commission and the Member States to make use of innovative regulatory tools such as ‘regulatory sandboxes’ consistent with the precautionary principle, to help provide a clear path to scale-up for start-ups and small companies; believes that these tools should help encourage innovation if applied in a controlled environment; points out that creating a coherent environment for innovative testing and validating products based on technologies such as AI will help European businesses to overcome the fragmentation of the Single Market and to take advantage of the growth potential throughout the EU; |
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59.

| 60. | Points out that the most efficient way of reducing bias is to ensure the quality of the data sets used to train AI systems; |
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60.

| 61. | Believes that the use of AI in a high-risk context should be limited to specific purposes, in full respect of the applicable law and subject to transparency obligations; underlines that only a clear and legally certain legislative framework will be decisive for ensuring safety and security, data and consumer protection, public trust and support for the necessity and proportionality of the deployment of such technologies; calls on the Commission to carefully consider whether there are certain use cases, situations or practices for which specific technical standards, including underlying algorithms, should be adopted; deems necessary, should such technical standards be adopted, that these are regularly reviewed by competent authorities and re-evaluated, given the fast pace of technological development; |
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61.

| 62. | Believes that the establishment of review boards for AI products and services by organisations and businesses to assess the potential benefits and potential harm, notably the potential social impact, stemming from high-risk, impactful AI-based projects can be a useful tool to help organisations make responsible decisions about AI products and services, particularly when they include relevant stakeholders; |
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62.

| 63. | Highlights the importance of education and research for AI; underlines that EU has to build up its digital capacities, by encouraging more people to pursue careers in ICT-related sectors, by training more data professionals in the field of AI, as well as professionals in connected new domains such as AI-investing and AI safety; Calls for substantial investment in the European Network of Artificial Intelligence Excellence Centres and the creation of pan-European university and research networks focused on AI; believes that this network should help to strengthen the exchange of knowledge on AI, support AI related talent within the EU and attract new talent, foster the cooperation between innovative companies, higher education, research institutions and AI developers as well as provide specialised training and development for regulatory authorities, with the aim of ensuring the proper use of these technologies and protecting European citizens from potential risks and damages to their fundamental rights; furthermore stresses the importance of measures and information channels to help small and medium-sized enterprises and start-ups to effectively digitise and advance into ‘industry 5.0’; recognises that sharing and reusing AI application components increases the use and uptake of AI solutions; highlights the importance of fundamental research into the foundations of AI; emphasises the need to allow comprehensive research into all AI applications and technologies; |
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63.

| 64. | Calls for impact assessments on the consequences of digital divide on people and concrete action how to bridge it; calls for mitigation of negative impact through education, reskilling and upskilling; underlines that the gender dimension needs to be taken into account, given the insufficient representation of women in STEM and digital companies; believes that particular attention should be paid to AI literacy programmes; |
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64.

| 65. | Calls on the Commission to update the existing product safety and liability framework in order to address new challenges posed by emerging digital technologies such as artificial intelligence; and urges the Commission to update inter alia the General Product Safety Directive and the Product Liability Directive, in particular by considering reversing the concept of ‘burden of proof’ for harm caused by emerging digital technologies, in clearly defined cases and after a proper assessment, and adapting the terms ‘product’, ‘damage’ and ‘defect’ so that they reflect the complexity of emerging technologies, including products with AI, IoT and robotics embedded in them, standalone software and software or updates which entail substantial modification to the product leading to a de facto new product; |
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65.

| 66. | Stresses that adequate connectivity should be developed for the implementation of AI, as well as any new technology, including in regions facing demographic or economic challenges; calls for the unequal access to technology in rural areas to be taken into account in particular when Union funds are used for the deployment of 5G networks, to reduce blank spots, and for connectivity infrastructures in general; calls for an EU communication strategy that provides EU citizens with reliable information, as well as for awareness-raising campaigns regarding 5G; |
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66.

| 67. | Calls on the Commission to assess the development and use of distributed ledger technologies including blockchain, namely smart contracts in the digital single market, and to provide guidance and consider developing an appropriate legal framework in order to ensure legal certainty for businesses and consumers, in particular the question of legality, the enforcement of smart contracts in cross-border situations, and notarisation requirements where applicable; |
| --- | --- |

67.

| 68. | Calls for the plurilateral World Trade Organization (WTO) negotiations on e-commerce to be concluded with a balanced outcome; calls on the Commission to carefully assess the impact of the source code clause currently being discussed in the e-commerce negotiations on future EU AI legislation at WTO level, including its impact on consumer rights, and to involve the European Parliament in this assessment; regrets that, in the absence of global rules, EU companies may be faced with non-tariff barriers to digital trade such as unjustified geo-blocking, data localisation and mandatory technology transfer requirements; notes that these barriers are particularly challenging for small and medium-sized enterprises (SMEs); highlights that global rules on digital trade could further increase consumer protection; supports making the WTO moratorium on electronic transmissions permanent and stresses that it is important to provide clarity regarding the definition of electronic transmissions; calls for the WTO Information Technology Agreement, its expansion and the WTO Telecommunications Services Reference Paper to be fully implemented and more widely adopted; |
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68.

| 69. | Recognises the ambition to make the EU a world leader in the development and application of AI; calls for the EU to work more closely with partners, for instance within the Organisation for Economic Co-operation and Development (OECD) and the WTO, to set global standards for AI in the interest of reducing trade barriers and promoting trustworthy AI in line with the EU’s values; supports cooperation on international regulations and other forms of cooperation between OECD countries regarding the digital economy, including the Global Partnership on Artificial Intelligence; encourages the EU to intensify its work with the UN and international standards bodies on this topic; notes the conclusion of the rules-based Asian Regional Comprehensive Economic Partnership (RCEP) agreement, which has paved the way for the largest economic integration project in the world; believes that the EU should promote digital rules that are consistent with democratic principles, human rights and sustainable development; supports, in this regard, the proposal to establish the EU-US Trade and Technology Council; |
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69.

| 70. | Supports in this regard the work on a transatlantic AI agreement to build stronger and broader consensus on principles of ethical AI and the governance of data and, within the framework of these principles, to foster innovation and the sharing of data to develop AI and help facilitate trade and the development of compatible rules and common standards in digital trade, ensuring a central role for the EU in the setting of those standards; stresses that this transatlantic AI agreement should also have a chapter dedicated to data security and protection of the data of users and consumers in order to ensure the protection of EU rules; calls on the Commission to continue working with the US, Japan and other like-minded partners on reforming the WTO rules on, inter alia, subsidies, forced technology transfers and state-owned enterprises; underlines the importance of EU FTAs in promoting the interests and values of EU companies, consumers and workers in the global digital economy and sees them as being complementary to a competitive digital single market; notes that especially crucial is the cooperation with the United Kingdom, which plays an important role in the global digital economy; |
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70.

| 71. | Urges the Member States to include in their recovery plans projects for the digitalisation of transport; stresses the need to ensure stable and adequate funding for the process of building transport and ICT infrastructure for intelligent transport systems (ITS), including the secure deployment of 5G, the development of the 6G networks and future wireless networks to allow for the full potential of digitalised transport to unfold while ensuring high transport safety standards; stresses in that regard the need to both develop new infrastructure and upgrade existing infrastructure; calls on the Member States to provide safe, resilient, high-quality transport infrastructures facilitating the deployment of connected and automated mobility services; points out that the upgrading of relevant transport and digital infrastructure in the Trans-European Transport Network (TEN-T) needs to be accelerated; calls, therefore, on the Commission to propose mechanisms in its revision of the TEN-T Regulation and the Rail Freight Corridors Regulation to ensure it; |
| --- | --- |

71.

| 72. | Stresses the enormous potential of AI in the transport sector and its ability to increase automation for road, rail, waterborne and air transport; highlights the role of AI in fostering multimodality and the modal shift as well as the development of smart cities, thus improving the travel experience for all citizens by making transport, logistics and traffic flows more efficient, safer and more environmentally friendly, shortening journey times, reducing congestion, reducing harmful emissions and reducing costs; stresses the enormous potential of systems that use AI in the transport sector in terms of road safety and the achievement of the objectives set out in Vision Zero; stresses that AI will contribute to further developing seamless multimodality, following the concept of Mobility as a Service (MaaS); invites the Commission to explore how to facilitate the balanced development of MaaS, especially in urban areas; |
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72.

| 73. | Welcomes the achievements of the Single European Sky ATM Research (SESAR) joint undertaking and calls for research and investments to be intensified so as to maximise the potential of AI in the aviation sector with regard to consumers through improvements in airline marketing, sales, distribution, pricing processes as well as in ground handling (safety checks, etc.); notes that AI can develop automated navigation in long and short-sea shipping and on inland waterways and improve maritime surveillance in a context of increasing ship traffic; calls for the deployment of AI and a higher level of digitisation on a large scale in all European ports so as to achieve enhanced efficiency and competitiveness highlights the paramount role that digitalisation, AI and robotics will play in the tourism sector, thus contributing to the sustainability of the industry in the long-run; notes that adequate funding and incentives for tourism establishments is required, particularly for micro, small and medium-sized enterprises, in order to enable them to reap the benefits of digitalisation and modernise their offer to consumers; notes that this will help promoting EU digital leadership in sustainable tourism through R&D, joint ventures and public private partnerships; |
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73.

| 74. | Recalls that AI may give rise to biases and thus to various forms of discrimination based on sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; recalls, in this regard, that everyone’s rights must be fully protected, and that AI initiatives must not be discriminatory in any way; Emphasises that such bias and discrimination can arise from already biased data sets, reflecting current discrimination in society; stresses that AI must avoid bias leading to prohibited discrimination, and must not reproduce discrimination processes; underlines the need to take these risks into account when designing AI technologies, as well as the importance of working with AI technology providers to address persistent loopholes facilitating discrimination; recommends that teams designing and developing AI should reflect the diversity of society; |
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74.

| 75. | Highlights the importance of algorithms being transparent in order to fully protect fundamental rights; underlines the need for legislators, given the major ethical and legal implications, to consider the complex issue of liability, in particular for damages to persons and property, and that liability in all AI applications should always lie with a natural or legal person; |
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75.

| 76. | Underlines the need for AI to be made widely available to the cultural and creative sectors and industries (CCSI) across Europe in order to maintain a level playing field and fair competition for all stakeholders and actors in Europe; emphasises the potential of AI technologies for the CCSI, from better audience management, outreach and engagement to assisted content curation, the revalorisation of cultural archives, as well as assisted fact-checking and data journalism; emphasises the need to offer learning and training opportunities in order to enable European society to gain an understanding of the use, potential risks and opportunities of AI; reiterates, in this regard, its view that AI and robotics innovation needs to be integrated in education plans, and training programmes; recalls the special requirements of vocational education and training (VET) with regard to AI and calls for a collaborative approach at European level designed to enhance the potential offered by AI in VET across Europe; emphasises that the transposition of the Audiovisual Media Services Directive (24) (AVMSD) into national law is crucial to achieving a genuine digital single market that promotes cultural diversity; |
| --- | --- |

76.

| 77. | Highlights the lack of European venture capital funding, lack of access to finance and lack of data availability, further recognises external and internal barriers for the adoption of AI technologies, especially for less mature sectors and SMEs; calls for a comprehensive approach in the Union, based on promoting entrepreneurship through investor-friendly regulation, to ensure access to finance for promising European start-ups in all growth stages; calls on joint efforts to prevent and discourage exodus of young promising European businesses which often fall short on financing right after entering the market; |
| --- | --- |

77.

| 78. | Recalls that current Union legislation does not provide for mandatory cybersecurity requirements for products and services in general; calls for essential requirements to be included in the design phase (security by design and also for the use of appropriate cybersecurity standards and processes both during the products and services’ life cycles and across their supply chains; |
| --- | --- |

78.

| 79. | Points out that the fourth industrial revolution will depend among other things on access to raw materials such as lithium and rare earths, and that the Union needs to reduce its dependence on importing them by limiting absolute consumption and through its own environmentally responsible mining and circular economy; considers that a stronger policy on the circular economy applied to digital devices and semiconductors could contribute at the same time to the Union’s industrial sovereignty and to avoiding the negative impact of mining activities linked to raw materials; |
| --- | --- |

79.

| 80. | Calls for a clearer strategy for the European Digital Innovation Hubs in order to promote the widespread uptake of new technologies by SMEs, mid-caps and start-ups; points out that the network of European Digital Innovation Hubs should ensure a broad geographical coverage across Europe, including remote, rural and island areas, as well as initiating cross-sectoral dialogue; calls on the Commission to draw up an ambitious and comprehensive strategy to support the creation and growth of start-ups with the goal of having a new generation of European digital unicorns within 10 years, in particular, the strategy should look at measures such as tax incentives for start-ups and newly founded SMEs and the introduction of an EU Start-up Visa; |
| --- | --- |

80.

| 81. | Welcomes the Commission’s new cloud strategy and the European Cloud Initiative; |
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81.

| 82. | Welcomes the positive impact that AI could have on European labour markets, including job creation, safer and more inclusive workplaces, the fight against discrimination in recruitment and pay, and the promotion of better skill-matching and workflows, provided that risks are mitigated and regulatory frameworks are updated regularly as the digital wave progresses; |
| --- | --- |

82.

| 83. | Calls on the Member States to invest in high-quality, responsive and inclusive education, vocational training and lifelong learning systems, as well as reskilling and upskilling policies for workers in sectors that may be severely affected by AI, including in the field of agriculture and forestry; underlines that special attention must be paid to the inclusion of disadvantaged groups in this regard; |
| --- | --- |

83.

| 84. | Takes note of the skills gap in the European labour markets; welcomes the Commission’s updated European Skills Agenda and the new Digital Education Action Plan (2021-2027), which will help workers to boost their digital skills and get qualified for the future world of work and will help to address the adaptation and acquisition of qualifications and knowledge in view of the digital and green transitions; underlines the need to include ethical aspects of AI and the development of skills for ethical purposes as an integral part of any education and training curricula for developers and people working with AI; recalls that developers, programmers, decision-makers and companies dealing with AI must be aware of their ethical responsibility; highlights that access to the right skills and knowledge on AI can overcome the digital divide in society and that AI solutions should support the integration into the labour market of vulnerable groups such as persons with disabilities or those living in remote or rural areas; |
| --- | --- |

84.

| 85. | Highlights that gender equality is a core principle of the European Union and should be reflected in all EU policies; calls to acknowledge the fundamental role of women to achieve the European digital strategy goals in line with the gender equality objectives; recalls that women’s participation in the digital economy is crucial to shaping a flourishing digital society and to boosting the EU’s digital internal market; calls on the Commission to ensure the implementation of the ministerial Declaration of Commitment on ‘Women in Digital; considers that AI can significantly contribute to overcoming gender discrimination and address the challenges faced by women in order to promote gender equality, provided that an appropriate legal and ethical framework is developed, conscious and unconscious biases are eliminated and the principles of gender equality are respected; |
| --- | --- |

85.

| 86. | Stresses that agriculture is a sector in which AI will play a key role in solving food production and supply issues and challenges; stresses that IoT technologies and AI in particular present a significant opportunity for the modernisation, automation and improved efficiency and sustainability of the agri-food sector and for local development in rural areas, increasing crop production and improving crop quality; considers that the use of digital technologies and AI, and increasing research and development in the agri-food sector are necessary for improving sustainability, efficiency, accuracy and steering productivity; stresses the potential of IoT and AI in precision agriculture, in particular in detecting weather conditions, soil nutrients and water needs, as well as in identifying pest infestations and plant diseases; underlines that monitoring through automated and digital tools can help minimising the environmental and climate footprint of agriculture; calls on the Commission and the Member States to increase the resources and investments dedicated to the agricultural sector for these purposes, and to provide sufficient resources and developing tools for research on the use of AI in these areas in order to facilitate the better use of available resources by farmers concerned, increase efficiency and production, and to nurture the creation of innovation hubs and start-ups in this field; |
| --- | --- |

86.

| 87. | Believes that the application of AI within the Union and the associated use of EU citizens’ personal data should respect our values and fundamental rights as recognised by the EU Charter of Fundamental Rights, such as human dignity, privacy, data protection and security; underlines the fact that since AI, by definition, encapsulates data processing, it must respect EU law on data protection, in particular the General Data Protection Regulation (GDPR); Reiterates the importance of providing independent public data protection authorities with the necessary resources to allow them to monitor and effectively enforce compliance with data protection law; |
| --- | --- |

87.

| 88. | Highlights that investing in sciences, research and development in the areas of digital and AI, fostering better access to venture capital, developing a strong cybersecurity of critical infrastructures and electronic communication networks and access to unbiased high-quality data are the cornerstones of ensuring the digital sovereignty of the Union; calls on the Commission to study the different ways in which the Union is at risk of becoming dependent on external players; notes that unclear, excessive or fragmented regulation will hampers the emergence of innovative high-tech unicorns, start-ups and SMEs or drive them to develop their products and services outside of Europe; |
| --- | --- |

88.

| 89. | Emphasises that achieving a European gigabit society that is secure and inclusive, is a prerequisite of the Union’s success in its digital transition; highlights the role of connectivity, powered in particular by 5G and fibre infrastructure, on transforming working and education modes, business models and whole sectors such as manufacturing, transport and healthcare, especially in conjunction with other technologies such as virtualisation, cloud computing, edge computing, AI, network slicing and automation, and has the potential to achieve greater productivity and more innovation and user experiences; |
| --- | --- |

89.

| 90. | Calls on the Commission to incentivise European companies to start developing and building technology capacities for next generation mobile networks; calls on the Commission to analyse the impact of unequal access to digital technologies and disparities in connectivity across the Member States; |
| --- | --- |

90.

| 91. | Notes that investing in High-Performance Computing (HPC) is crucial to reap the full potential of AI and other emerging technologies; calls for bridging the connectivity investment gap to be bridged through Next Generation EU, as well as national and private funding, in order to compensate for the cuts in EU investments in future technologies in the 2021-2027 Multiannual Financial Framework (MFF); |
| --- | --- |

91.

| 92. | Calls for a whole-of-society approach towards cybersecurity; highlights that new approaches to cybersecurity should be designed on the basis of resilience and adaptability to stresses and attacks; calls for a holistic approach towards cybersecurity, where the whole system is taking into account, from system design and usability to the education and training of citizens; stresses that the digital transformation, with the rapid digitalisation of services and the large scale introduction of connected devices, necessarily makes our society and economy more exposed to cyberattacks; highlights that advances in the field of quantum computing will disrupt existing encryption techniques; calls on the Commission to support research that would allow Europe to overcome this challenge, and highlights the need for strong, secure end-to-end encryption; calls on the Commission to explore the use of blockchain-based cybersecurity protocols and applications to improve the resilience, trustworthiness and robustness of AI infrastructures; emphasizes the need to include cybersecurity components in all sectorial policies; underlines that effective protection requires EU and national institutions to work together with the support of ENISA to ensure the security, integrity, resilience and sustainability of critical infrastructures and electronic communication networks; welcomes the Commission’s proposal for a revision of the NIS Directive and its intention to enlarge the scope of it and reduce the differences of application by Member States; calls for a cautious approach towards potential dependencies on high-risk suppliers, especially for the deployment of 5G networks; |
| --- | --- |

92.

o

o o

| 93. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

93.

---

(1)  https://ec.europa.eu/newsroom/dae/document.cfm?doc_id=64962

(2)  https://europa.eu/eurobarometer/surveys/detail/2228

(3)  OJ L 178, 17.7.2000, p. 1.

(4)  OJ L 11, 15.1.2002, p. 4.

(5)  OJ L 201, 31.7.2002, p. 37.

(6)  OJ L 149, 11.6.2005, p. 22.

(7)  OJ L 376, 27.12.2006, p. 36.

(8)  OJ L 304, 22.11.2011, p. 64.

(9)  OJ L 119, 4.5.2016, p. 1.

(10)  OJ C 11, 12.1.2018, p. 55.

(11)  OJ L 60 I, 2.3.2018, p. 1.

(12)  OJ L 295, 21.11.2018, p. 1.

(13)  OJ L 328, 18.12.2019, p. 7.

(14)  OJ L 151, 7.6.2019, p. 70.

(15)  OJ L 130, 17.5.2019, p. 92.

(16)  OJ L 186, 11.7.2019, p. 57.

(17)  Texts adopted, P9_TA(2020)0032.

(18)  Texts adopted, P9_TA(2020)0272.

(19)  Texts adopted, P9_TA(2020)0277.

(20)  Texts adopted, P9_TA(2020)0275.

(21)  Texts adopted, P9_TA(2020)0276.

(22)  Texts adopted, P9_TA(2021)0007.

(23)  Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1), Recital 34.

(24)  Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities (OJ L 303, 28.11.2018, p. 69).

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Friday 21 May 2021

| 12.1.2022 | EN | Official Journal of the European Union | C 15/218 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/218

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P9_TA(2021)0262

The adequate protection of personal data by the United Kingdom

European Parliament resolution of 21 May 2021 on the adequate protection of personal data by the United Kingdom (2021/2594(RSP))

(2022/C 15/23)

The European Parliament,

| — | having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular Articles 7, 8, 16, 47 and 52 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular Articles 7, 8, 16, 47 and 52 thereof,

| — | having regard to the judgment of the Court of Justice of the European Union (CJEU) of 16 July 2020 in case C-311/18, Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (Schrems II judgment) (1), |
| --- | --- |

—

having regard to the judgment of the Court of Justice of the European Union (CJEU) of 16 July 2020 in case C-311/18, Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (Schrems II judgment) (1),

| — | having regard to the judgment of the CJEU of 6 October 2015 in case C-362/14, Maximillian Schrems v Data Protection Commissioner (Schrems I judgment) (2), |
| --- | --- |

—

having regard to the judgment of the CJEU of 6 October 2015 in case C-362/14, Maximillian Schrems v Data Protection Commissioner (Schrems I judgment) (2),

| — | having regard to the judgment of the CJEU of 6 October 2020 in case C-623/17, Privacy International v Secretary of State of Foreign and Commonwealth affairs (3), |
| --- | --- |

—

having regard to the judgment of the CJEU of 6 October 2020 in case C-623/17, Privacy International v Secretary of State of Foreign and Commonwealth affairs (3),

| — | having regard to its resolution of 12 March 2014 on the US NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ fundamental rights and on transatlantic cooperation in Justice and Home Affairs (4), |
| --- | --- |

—

having regard to its resolution of 12 March 2014 on the US NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ fundamental rights and on transatlantic cooperation in Justice and Home Affairs (4),

| — | having regard to its resolution of 5 July 2018 on the adequacy of the protection afforded by the EU-US Privacy Shield (5), |
| --- | --- |

—

having regard to its resolution of 5 July 2018 on the adequacy of the protection afforded by the EU-US Privacy Shield (5),

| — | having regard to its resolution of 25 October 2018 on the use of Facebook users’ data by Cambridge Analytica and the impact on data protection (6), |
| --- | --- |

—

having regard to its resolution of 25 October 2018 on the use of Facebook users’ data by Cambridge Analytica and the impact on data protection (6),

| — | having regard to its resolution of 20 May 2021 on the ruling of the CJEU of 16 July 2020 — Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (‘Schrems II’), Case C-311/18 (7), |
| --- | --- |

—

having regard to its resolution of 20 May 2021 on the ruling of the CJEU of 16 July 2020 — Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (‘Schrems II’), Case C-311/18 (7),

| — | having regard to its resolution of 26 November 2020 on the EU Trade Policy Review (8), |
| --- | --- |

—

having regard to its resolution of 26 November 2020 on the EU Trade Policy Review (8),

| — | having regard to the Trade and Cooperation Agreement of 31 December 2020 between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (9), |
| --- | --- |

—

having regard to the Trade and Cooperation Agreement of 31 December 2020 between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (9),

| — | having regard to its resolution of 28 April 2021 on the outcome of EU-UK negotiations (10), |
| --- | --- |

—

having regard to its resolution of 28 April 2021 on the outcome of EU-UK negotiations (10),

| — | having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (11) (GDPR), |
| --- | --- |

—

having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (11) (GDPR),

| — | having regard to Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data (12) (the Law Enforcement Directive for Data Protection), |
| --- | --- |

—

having regard to Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data (12) (the Law Enforcement Directive for Data Protection),

| — | having regard to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (13), |
| --- | --- |

—

having regard to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (13),

| — | having regard to the Commission proposal of 10 January 2017 for a regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications (COM(2017)0010) and the European Parliament’s position thereon adopted on 20 October 2017 (14), |
| --- | --- |

—

having regard to the Commission proposal of 10 January 2017 for a regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications (COM(2017)0010) and the European Parliament’s position thereon adopted on 20 October 2017 (14),

| — | having regard to the recommendations of the European Data Protection Board (EDPB), including its statement of 9 March 2021 on the ePrivacy Regulation and its recommendations 01/2020 of 10 November 2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data, |
| --- | --- |

—

having regard to the recommendations of the European Data Protection Board (EDPB), including its statement of 9 March 2021 on the ePrivacy Regulation and its recommendations 01/2020 of 10 November 2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data,

| — | having regard to the adequacy referential adopted by the Article 29 Data Protection Working Party on 6 February 2018 and endorsed by the EDPB, |
| --- | --- |

—

having regard to the adequacy referential adopted by the Article 29 Data Protection Working Party on 6 February 2018 and endorsed by the EDPB,

| — | having regard to EDPB recommendations 01/2021 of 2 February 2021 on the adequacy referential under the Law Enforcement Directive for Data Protection, |
| --- | --- |

—

having regard to EDPB recommendations 01/2021 of 2 February 2021 on the adequacy referential under the Law Enforcement Directive for Data Protection,

| — | having regard to the draft adequacy decisions published by the Commission on 19 February 2021, one pursuant to the GDPR (15) and the other pursuant to the Law Enforcement Directive for Data Protection (16), |
| --- | --- |

—

having regard to the draft adequacy decisions published by the Commission on 19 February 2021, one pursuant to the GDPR (15) and the other pursuant to the Law Enforcement Directive for Data Protection (16),

| — | having regard to EDPB opinions 14/2021 and 15/2021 of 13 April 2021 regarding the European Commission Draft Implementing Decision pursuant to Directive (EU) 2016/680 on the adequate protection of personal data in the United Kingdom, |
| --- | --- |

—

having regard to EDPB opinions 14/2021 and 15/2021 of 13 April 2021 regarding the European Commission Draft Implementing Decision pursuant to Directive (EU) 2016/680 on the adequate protection of personal data in the United Kingdom,

| — | having regard to the European Convention on Human Rights (ECHR) and to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of the Council of Europe, as well as to its amending protocol (‘Convention 108+’), to which the UK is a party, |
| --- | --- |

—

having regard to the European Convention on Human Rights (ECHR) and to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of the Council of Europe, as well as to its amending protocol (‘Convention 108+’), to which the UK is a party,

| — | having regard to Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers, |
| --- | --- |

—

having regard to Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers,

| — | having regard to Rule 132(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 132(2) of its Rules of Procedure,

| — | having regard to the motion for a resolution of the Committee on Civil Liberties, Justice and Home Affairs, |
| --- | --- |

—

having regard to the motion for a resolution of the Committee on Civil Liberties, Justice and Home Affairs,

| A. | whereas the ability to transfer personal data across borders has the potential to be a key driver of innovation, productivity and economic competitiveness and it is of crucial importance for effective cooperation in the fight against cross-border organised and serious crime, as well as in the fight against terrorism, which increasingly depends on the exchange of personal data; |
| --- | --- |

A.

whereas the ability to transfer personal data across borders has the potential to be a key driver of innovation, productivity and economic competitiveness and it is of crucial importance for effective cooperation in the fight against cross-border organised and serious crime, as well as in the fight against terrorism, which increasingly depends on the exchange of personal data;

| B. | whereas in its Schrems I judgment, the CJEU pointed out that indiscriminate access by intelligence authorities to the content of electronic communications violates the essence of the right to confidentiality of communications as provided for in Article 7 of the Charter, and that the United States do not provide sufficient legal remedies for non-US persons against mass surveillance, in violation of Article 47 of the Charter; |
| --- | --- |

B.

whereas in its Schrems I judgment, the CJEU pointed out that indiscriminate access by intelligence authorities to the content of electronic communications violates the essence of the right to confidentiality of communications as provided for in Article 7 of the Charter, and that the United States do not provide sufficient legal remedies for non-US persons against mass surveillance, in violation of Article 47 of the Charter;

| C. | whereas the UK has traditionally been an important trading partner of many EU Member States, as well as a close ally in the area of security; whereas the EU and the UK should maintain this close cooperation despite the UK’s withdrawal from the EU, as this will be beneficial for both sides; |
| --- | --- |

C.

whereas the UK has traditionally been an important trading partner of many EU Member States, as well as a close ally in the area of security; whereas the EU and the UK should maintain this close cooperation despite the UK’s withdrawal from the EU, as this will be beneficial for both sides;

| D. | whereas European businesses need legal clarity and certainty, as the ability to transfer personal data across borders has become increasingly important for all types of companies that deliver goods and services internationally; whereas an adequacy decision concerning the UK under the GDPR is of the utmost importance, as many European businesses conduct trade across the Channel, in particular given the fact that Brexit is still very recent and data flows within the Union have not been subject to restrictions; whereas failing to adopt a robust adequacy framework would risk disruptions in commercial cross-border transfers of personal data between the EU and the UK, as well as high compliance costs; |
| --- | --- |

D.

whereas European businesses need legal clarity and certainty, as the ability to transfer personal data across borders has become increasingly important for all types of companies that deliver goods and services internationally; whereas an adequacy decision concerning the UK under the GDPR is of the utmost importance, as many European businesses conduct trade across the Channel, in particular given the fact that Brexit is still very recent and data flows within the Union have not been subject to restrictions; whereas failing to adopt a robust adequacy framework would risk disruptions in commercial cross-border transfers of personal data between the EU and the UK, as well as high compliance costs;

| E. | whereas the Trade and Cooperation Agreement (TCA) includes a number of safeguards and conditions for exchanging relevant personal data in the context of law enforcement; whereas the negotiations on personal data flows were conducted in parallel to the negotiations on the TCA but were not finalised by the end of the transition period on 31 December 2020; whereas a ‘bridging clause’ was included in the TCA as an interim solution, conditional upon the commitment by the UK not to change its current data protection regime, in order to ensure the continuation of personal data flows between the UK and the EU until the adoption of an adequacy decision; whereas the initial four-month period has been extended and will expire at the end of June 2021; |
| --- | --- |

E.

whereas the Trade and Cooperation Agreement (TCA) includes a number of safeguards and conditions for exchanging relevant personal data in the context of law enforcement; whereas the negotiations on personal data flows were conducted in parallel to the negotiations on the TCA but were not finalised by the end of the transition period on 31 December 2020; whereas a ‘bridging clause’ was included in the TCA as an interim solution, conditional upon the commitment by the UK not to change its current data protection regime, in order to ensure the continuation of personal data flows between the UK and the EU until the adoption of an adequacy decision; whereas the initial four-month period has been extended and will expire at the end of June 2021;

| F. | whereas the assessment carried out by the Commission before it presented its draft implementing decision was incomplete and inconsistent with the CJEU requirements for adequacy assessments, which was highlighted by the EDPB in its adequacy opinions, where it advises the Commission to further assess specific aspects of UK law and practice relating to bulk collection, overseas disclosure and international agreements in the field of intelligence sharing, additional use of the information collected for law enforcement purposes and the independence of judicial commissioners; |
| --- | --- |

F.

whereas the assessment carried out by the Commission before it presented its draft implementing decision was incomplete and inconsistent with the CJEU requirements for adequacy assessments, which was highlighted by the EDPB in its adequacy opinions, where it advises the Commission to further assess specific aspects of UK law and practice relating to bulk collection, overseas disclosure and international agreements in the field of intelligence sharing, additional use of the information collected for law enforcement purposes and the independence of judicial commissioners;

| G. | whereas certain aspects of UK law and/or practice have not been considered by the Commission, which has led to draft implementing decisions which are inconsistent with EU law; whereas Article 45 of the GDPR says that ‘when assessing the adequacy of the level of protection, the Commission shall, in particular, take account of... relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law and the access of public authorities to personal data, as well as the implementation of such legislation, data protection rules, professional rules and security measures, including rules for the onward transfer of personal data to another third country or international organisation which are complied with in that country or international organisation, case-law’, and that ‘the international commitments the third country or international organisation concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional systems, in particular in relation to the protection of personal data’, which includes international agreements in other areas involving access to data or information sharing, and therefore requires an assessment of such international agreements; |
| --- | --- |

G.

whereas certain aspects of UK law and/or practice have not been considered by the Commission, which has led to draft implementing decisions which are inconsistent with EU law; whereas Article 45 of the GDPR says that ‘when assessing the adequacy of the level of protection, the Commission shall, in particular, take account of... relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law and the access of public authorities to personal data, as well as the implementation of such legislation, data protection rules, professional rules and security measures, including rules for the onward transfer of personal data to another third country or international organisation which are complied with in that country or international organisation, case-law’, and that ‘the international commitments the third country or international organisation concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional systems, in particular in relation to the protection of personal data’, which includes international agreements in other areas involving access to data or information sharing, and therefore requires an assessment of such international agreements;

| H. | whereas the CJEU clearly stated in its Schrems I judgment that ‘when examining the level of protection afforded by a third country, the Commission is obliged to assess the content of the applicable rules in that country resulting from its domestic law or international commitments and the practice designed to ensure compliance with those rules, since it must, under Article 25(2) of Directive 95/46/EC, take account of all the circumstances surrounding a transfer of personal data to a third country’(paragraph 75); |
| --- | --- |

H.

whereas the CJEU clearly stated in its Schrems I judgment that ‘when examining the level of protection afforded by a third country, the Commission is obliged to assess the content of the applicable rules in that country resulting from its domestic law or international commitments and the practice designed to ensure compliance with those rules, since it must, under Article 25(2) of Directive 95/46/EC, take account of all the circumstances surrounding a transfer of personal data to a third country’(paragraph 75);

| I. | whereas intelligence services activities and sharing with third countries are excluded from the scope of EU law as per the Treaties when it comes to Member States, as these are included in the scope of the necessary adequacy assessment of the level of personal data offered by third countries, as confirmed by the CJEU in the Schrems I and II judgments; |
| --- | --- |

I.

whereas intelligence services activities and sharing with third countries are excluded from the scope of EU law as per the Treaties when it comes to Member States, as these are included in the scope of the necessary adequacy assessment of the level of personal data offered by third countries, as confirmed by the CJEU in the Schrems I and II judgments;

| J. | whereas data protection standards rely not only on the legislation in place, but also the application of those laws in practice, and whereas the Commission only assessed the legislation, not the actual application in practice, when preparing its decision; |
| --- | --- |

J.

whereas data protection standards rely not only on the legislation in place, but also the application of those laws in practice, and whereas the Commission only assessed the legislation, not the actual application in practice, when preparing its decision;

| K. | whereas the Commission currently recognises 12 third countries as providing adequate protection under the GDPR and has recently concluded talks with the Republic of Korea in this regard; whereas the UK is the first country to which the Commission has proposed to grant adequacy under the Law Enforcement Directive; |
| --- | --- |

K.

whereas the Commission currently recognises 12 third countries as providing adequate protection under the GDPR and has recently concluded talks with the Republic of Korea in this regard; whereas the UK is the first country to which the Commission has proposed to grant adequacy under the Law Enforcement Directive;

| L. | whereas the case of the UK is distinct from all previous adequacy assessments as it concerns a former EU Member State which has incorporated the provisions of the GDPR into its national law and has moreover provided that all ‘EU-derived domestic legislation’, including the legislation transposing the LED, will continue to apply after the end of the transition period; |
| --- | --- |

L.

whereas the case of the UK is distinct from all previous adequacy assessments as it concerns a former EU Member State which has incorporated the provisions of the GDPR into its national law and has moreover provided that all ‘EU-derived domestic legislation’, including the legislation transposing the LED, will continue to apply after the end of the transition period;

I.   GENERAL DATA PROTECTION REGULATION

General observations

| 1. | Notes that the UK is a signatory to the ECHR and the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data; expects the UK to ensure the same minimum framework of data protection, despite having left the European Union; |
| --- | --- |

1.

| 2. | Welcomes the UK’s commitment to respect democracy and the rule of law, and protect and give domestic effect to fundamental rights such as those set out in the ECHR, including high levels of data protection; recalls that this is a necessary precondition for the EU’s cooperation with the UK; recalls that despite Article 8 of the ECHR on the right to privacy being part of UK domestic law via the Human Rights Act 1998 and common law via the new tort of misuse of privacy information, efforts to include a fundamental right to data protection were voted down by the government; |
| --- | --- |

2.

| 3. | Points out that the EU has opted for a human-rights-centric approach to data governance in developing robust data protection rules under the GDPR, and is therefore deeply concerned about public statements by the UK Prime Minister declaring that UK will seek to diverge from EU data protection rules and establish its own ‘sovereign’ controls in this field; considers that the 2020 UK national data strategy represents a shift from the protection of personal data towards a wider use and sharing of data that is incompatible with the principles of fairness, data minimisation and purpose limitation under the GDPR; notes that in its adequacy opinions, the EDPB highlighted that this might lead to possible risks in relation to the protection of personal data transferred from the EU; |
| --- | --- |

3.

| 4. | Points out that valid adequacy decisions greatly contribute to the protection of the fundamental rights of individuals and legal certainty for companies; stresses, however, that adequacy decisions based on incomplete assessments and without proper enforcement by the Commission may have the opposite effect if challenged in court; |
| --- | --- |

4.

| 5. | Points out that the assessment carried out by the Commission before it presented its draft implementing decision was incomplete and inconsistent with the CJEU requirements for adequacy assessments, which was highlighted by the EDPB in its adequacy opinions, where it advises the Commission to further assess specific aspects of UK law and practice relating to bulk collection, overseas disclosure and international agreements in the field of intelligence sharing, additional use of the information collected for law enforcement purposes and the independence of judicial commissioners; |
| --- | --- |

5.

Enforcement of the GDPR

| 6. | Expresses its concern about the lack and often non-existent enforcement of the GDPR by the UK when it was still a member of the EU; points, in particular, to the lack of proper enforcement by the UK Information Commissioner’s (ICO’s) Office in the past; points to the example of the ICO closing a complaint about ad tech after holding two stakeholder events, writing a report (the ‘Update Report on Adtech’) and stating that ‘the adtech industry appears immature in its understanding of data protection requirements’, having used none of its enforcement powers (17); is concerned that non-enforcement is a structural problem, as laid out in the ICO’s regulatory action policy’, which explicitly states that ‘in the majority of cases we will reserve our powers for the most serious cases, representing the most severe breaches of information rights obligations. These will typically involve wilful, deliberate or negligent acts, or repeated breaches of information rights obligations, causing harm or damage to individuals’; underlines that in practice, this has meant that a large number of data protection law breaches in the UK have therefore not been remedied; |
| --- | --- |

6.

| 7. | Takes note of the UK’s national data strategy, as updated on 9 December 2020, which suggests that there will be a switch from the protection of personal data towards increased and wider use and sharing of data; points out that a position that ‘withholding data can negatively impact society’, as indicated in the strategy, is not compatible with the principles of data minimisation and purpose limitation under the GDPR and primary law; |
| --- | --- |

7.

| 8. | Takes note that the Constitutional Affairs Committee in 2004 (18) and the Public Affairs Committee of the UK Parliament in 2014 (19) recommended securing the independence of the ICO by making them an officer of parliament who would report to the parliament rather than continuing to be appointed by the Minister for Digital Media and Sport; regrets that this recommendation has not been followed through; |
| --- | --- |

8.

Data processing for immigration control

| 9. | Notes that UK data protection law contains a derogation from certain aspects of the fundamental data protection rights and principles, such as the right of access and the right of a data subject to know with whom their data has been shared, if such protection would ‘prejudice effective immigration control’; underlines that the monitoring and compliance of the use of the exemption must be carried out in line with standards required in the adequacy referential which require consideration of practice as well as principle by pointing out that ‘it is necessary to consider not only the content of the rules applicable to personal data transferred to a third country ... but also the system in place to ensure the effectiveness of such rules’; recognises that this exemption, which is available to all data controllers in the UK, has been endorsed by the ICO and a court, and can only be invoked on a case-by-case basis and applied in a necessary and proportionate way; recalls recently revealed information according to which 17 780 access requests were made in relation to data processed by the Home Office between 1 April 2018 and 31 March 2019 concerning 146,75 million data subjects and that the immigration exemption was used in over 70 % of data subject requests to the Home Office in 2020 (20); stresses that even in those cases where the Home Office made use of the derogation, access to information was not completely denied but restricted to redacted documents; |
| --- | --- |

9.

| 10. | Notes that this exemption now applies to EU citizens who reside or plan to reside in the UK; is strongly concerned that the exemption removes key opportunities for accountability and remedies, and underlines that this is not an adequate level of protection; |
| --- | --- |

10.

| 11. | Reiterates its serious concern about an exception to data subjects’ rights in the UK’s immigration policy; reiterates its position that the exemption for the processing of personal data for immigration purposes in the UK Data Protection Act needs to be amended before a valid adequacy decision can be issued, as repeatedly voiced, including in its resolution of 12 February 2020 on the proposed mandate for negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland (21) and the opinion of the Committee on Civil Liberties, Justice and Home Affairs of 5 February 2021 (22); calls on the Commission to seek the removal of the immigration exemption, or to ensure that it is reformed so that the exemption and its use provide sufficient safeguards for data subjects and do not breach the standards expected of a third country; |
| --- | --- |

11.

Mass surveillance

| 12. | Recalls the revelations of mass surveillance by the US and the UK, as revealed by whistle-blower Edward Snowden; recalls that the UK ‘Tempora’ programme run by the Government Communications Headquarters (GCHQ) intercepts communications in real time through fibre-optical internet backbone cables, and records the data so it can be processed and searched at a later time; recalls that this mass surveillance of communications content and metadata takes place regardless of whether there are any specific suspicions or any target data; |
| --- | --- |

12.

| 13. | Recalls that in the Schrems I and Schrems II judgments, the CJEU held that mass access to the content of private communications touches upon the essence of the right to privacy, and that in such cases, a necessity and proportionality test is no longer required; underlines that these principles apply to data transfers to third countries other than the US, including the United Kingdom; |
| --- | --- |

13.

| 14. | Recalls its resolution of 12 March 2014, which found that the indiscriminate and non-suspicion-based mass surveillance programmes conducted by the UK intelligence agency GCHQ are incompatible with the principles of necessity and proportionality in a democratic society and are not adequate under EU data protection law; recognises that the UK has since significantly reformed its surveillance laws and introduced safeguards which go beyond the conditions defined by the Court of Justice of the European Union (CJEU) in its ‘Schrems II’ ruling (23) and the safeguards provided in the surveillance laws of most Member States; welcomes in particular the provision of full access to effective judicial redress; recalls that the UN Special Rapporteur on the Right to Privacy has welcomed the strong safeguards introduced with the Investigatory Powers Act (IPA) 2016 in terms of necessity, proportionality and independent authorisation by a judicial body; |
| --- | --- |

14.

| 15. | Recalls that in September 2018, the European Court of Human Rights confirmed that the UK’s mass data interception and retention programmes, including Tempora, were ‘unlawful and incompatible with the conditions necessary for a democratic society’ (24); |
| --- | --- |

15.

| 16. | Considers it unacceptable that the draft adequacy decisions fail to take into account the lack of limitations on the use of UK bulk data powers, or the actual use of UK-US surveillance operations as exposed by Edward Snowden, including the facts that:






  (a) | there is no effective substantive oversight by the ICO or the courts over the use of the national security exemption in UK data protection law; |
| --- | --- | --- |

16.

(a)

there is no effective substantive oversight by the ICO or the courts over the use of the national security exemption in UK data protection law;

| (b) | the limitations on the use of UK ‘bulk powers’ are not set out in the law itself, as required by the CJEU (but rather are left to executive discretion subject to ‘respectful’ judicial control); |
| --- | --- |

(b)

the limitations on the use of UK ‘bulk powers’ are not set out in the law itself, as required by the CJEU (but rather are left to executive discretion subject to ‘respectful’ judicial control);

| (c) | the description of ‘secondary data’ (metadata) in the draft decisions is seriously misleading and fails to note that such data can be highly revealing and intrusive and are subject to sophisticated automated analyses (as the CJEU found in Digital Rights Ireland (25)), yet under UK law metadata are not meaningfully protected against undue access, bulk collection and AI-based analysis by the UK intelligence agencies; |
| --- | --- |

(c)

the description of ‘secondary data’ (metadata) in the draft decisions is seriously misleading and fails to note that such data can be highly revealing and intrusive and are subject to sophisticated automated analyses (as the CJEU found in Digital Rights Ireland (25)), yet under UK law metadata are not meaningfully protected against undue access, bulk collection and AI-based analysis by the UK intelligence agencies;

| (d) | the Five Eyes agencies, in particular GCHQ and the National Security Agency (NSA), in practice share all intelligence data; |
| --- | --- |

(d)

the Five Eyes agencies, in particular GCHQ and the National Security Agency (NSA), in practice share all intelligence data;

points out that furthermore, in relation to the US, UK citizens are subject to some informal safeguards between GCHQ and the NSA; expresses deep concern that these safeguards would not protect EU citizens or residents whose data may be subject to onward transfers and sharing with the NSA;

| 17. | Calls on the Member States to enter into no-spying agreements with the UK and calls on the Commission to use its exchanges with its UK counterparts to convey the message that, if UK surveillance laws and practices are not amended, the only feasible option to facilitate the adequacy decisions would be the conclusion of ‘no-spying’ agreements with the Member States; |
| --- | --- |

17.

Onward transfers

| 18. | Strongly underlines the fact that the European Union (Withdrawal) Act 2018 provides that CJEU case law generated before the end of the transition period will become ‘retained EU law’ and thus legally binding for the UK; points out that the UK is bound by the principles and conditions defined in the Schrems I and Schrems II judgments of the CJEU when assessing the adequacy of other third countries; is concerned that UK courts will nevertheless no longer apply the Charter; points out that the UK is not under the jurisdiction of the CJEU anymore, which is the highest instance that can interpret the Charter; |
| --- | --- |

18.

| 19. | Points out that the UK rules on the sharing of personal data under the Digital Economy Act 2017 and on onward transfers of research data are clearly not ‘essentially equivalent’ to the rules set out in the GDPR, as interpreted by the CJEU; |
| --- | --- |

19.

| 20. | Is concerned that the UK has granted itself the right to declare that other third countries or territories provide adequate data protection, irrespective of whether the third country or territory in question has been held to provide such protection by the EU; recalls that the UK has already declared that Gibraltar provides such protection even though the EU has not done so; is strongly concerned that a UK adequacy status would therefore lead to the bypassing of the EU rules on transfers to countries or territories not deemed adequate under EU law; |
| --- | --- |

20.

| 21. | Takes note that on 1 February 2021, the UK sent a request to join the Comprehensive and Progressive Trans-Pacific Partnership (CPTTP), in particular to ‘benefit from modern digital trade rules that allow data to flow freely between members, remove unnecessary barriers for businesses [etc.]’; notes with concern that there are 11 members of the CPTTP, eight of which do not have an adequacy decision from the EU; is strongly concerned about potential onward transfers of personal data from EU citizens and residents to these countries if the UK is granted an adequacy decision (26); |
| --- | --- |

21.

| 22. | Regrets that the Commission did not assess the impact and potential risks of the Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership, which includes provisions on personal data and on the level of data protection; |
| --- | --- |

22.

| 23. | Is concerned that if the UK includes provisions on data transfers in any future trade agreements, inter alia US-UK trade agreements, the level of protection offered by the GDPR would be undermined; |
| --- | --- |

23.

II.   LAW ENFORCEMENT DIRECTIVE FOR DATA PROTECTION

| 24. | Highlights that the UK is the first country for which the Commission has suggested adopting an adequacy decision under Directive (EU) 2016/680; |
| --- | --- |

24.

| 25. | Notes the UK’s cross-border data access agreement with the US (27) under the US CLOUD Act, which facilitates transfers for law enforcement purposes; is deeply concerned that this will allow undue access to the personal data of EU citizens and residents by US authorities; shares the concern of the EDPB that the safeguards provided under the EU-US Umbrella Agreement (28) applied on a mutatis mutandis basis might not meet the criteria of clear, precise and accessible rules when it comes to access to personal data, or might not sufficiently enshrine such safeguards so as to be effective and actionable under UK law; |
| --- | --- |

25.

| 26. | Recalls that CJEU judgment C-623/17 must be interpreted as precluding national legislation enabling a state authority to require providers of electronic communications services to carry out the general and indiscriminate transmission of traffic data and location data to the state’s security and intelligence agencies for the purpose of safeguarding national security; |
| --- | --- |

26.

| 27. | Notes that in this case, the CJEU ruled that the bulk data collection carried out in the UK under the Regulation of Investigatory Powers Act 2000 was illegal; points out that the regulation has since been replaced by the Investigatory Powers Act (the IPA 2016) in order to strengthen the principles of necessity and proportionality; underlines that the IPA 2016 makes interception subject to judicial oversight and empowers individuals to access their data and lodge complaints before the investigatory powers tribunal; deplores, however, the fact that the IPA 2016 continues to enable the practice of bulk data retention; |
| --- | --- |

27.

| 28. | Is concerned about recent reports that a mass data collection and retention scheme is part of a trial by the UK Home Office conducted under the IPA 2016; |
| --- | --- |

28.

| 29. | Recalls that in its resolution of 12 February 2020, the European Parliament stressed that ‘the UK cannot have direct access to EU information systems data or participate in the management structures of the EU agencies in the area of Freedom, Security and Justice, while any sharing of information including personal data with the UK should be subject to strict safeguards, audit and oversight conditions, including an equivalent level of protection of personal data to that provided by EU law’; takes note of the shortcomings identified in the way the UK implemented data protection law while it was still a member of the EU; recalls that the UK was recording and maintaining a copy of the Schengen Information System (SIS); expects the UK law enforcement agencies to fully comply with the applicable rules when exchanging personal data in the future; recalls that the UK maintains access to some EU law enforcement databases only on a hit/no hit basis and is legally excluded from accessing the SIS; |
| --- | --- |

29.

| 30. | Expresses its concern over the January 2021 revelation that 400 000 criminal records were accidentally deleted from the UK Police National Computer; stresses that this does not inspire trust in the UK’s efforts to protect data for law enforcement purposes; |
| --- | --- |

30.

| 31. | Notes that the draft adequacy decision thoroughly assesses the rights of each UK authority empowered by national law to intercept and retain personal data for national security reasons; welcomes, furthermore, the fact that detailed oversight reports about the authorities in charge of the intelligence community provide information regarding the UK’s current surveillance practices; calls on the Commission to further assess and monitor the types of communications data that fall under UK data retention and lawful interception powers; |
| --- | --- |

31.

| 32. | Points out that the EU-UK Trade and Cooperation Agreement (TCA) includes titles on the exchange of DNA, fingerprints and vehicle registration data, the transfer and processing of passenger name record (PNR) data, cooperation on operational information, and cooperation with Europol and Eurojust, which will apply regardless of the adequacy decision; recalls, however, the concerns expressed in the opinion of the Committee on Civil Liberties, Justice and Home Affairs of February 2021 on the TCA regarding the special use and longer retention of personal data granted to the UK under the Prüm and PNR titles of the TCA, which are not in line with the uses and retentions by the Member States; recalls the right to bring an action before the CJEU in order to seek verification of the legality of the proposed international agreement and, in particular, the compatibility thereof with the protection of a fundamental right (29); |
| --- | --- |

32.

Conclusions

| 33. | Calls on the Commission to assure EU businesses that the adequacy decision will provide a solid, sufficient and future-oriented legal basis for data transfers; underlines the importance of making sure that this adequacy decision will be deemed acceptable if reviewed by the CJEU and stresses that all recommendations made in the EDPB opinion should therefore be taken on board; |
| --- | --- |

33.

| 34. | Welcomes the fact that the adequacy decisions will only apply for four years, as the UK might choose to amend the legislation subject to the Commission’s adequacy assessment now that it is no longer an EU Member State; calls on the Commission to keep monitoring the level of data protection in the UK in law and practice in the meantime and to conduct a thorough assessment before renewing the adequacy decision in 2025; |
| --- | --- |

34.

| 35. | Takes the view that by adopting the two implementing decisions, which are not consistent with EU law, without having addressed all the concerns expressed in the present resolution, the Commission is going beyond the implementing powers conferred upon it by Regulation (EU) 2016/679 and Directive (EU) 2016/680; therefore objects to the two implementing acts on the basis that the draft implementing decisions are not consistent with EU law; |
| --- | --- |

35.

| 36. | Calls on the Commission to amend the two draft implementing decisions with a view to making them fully consistent with EU law and case law; |
| --- | --- |

36.

| 37. | Requests that national data protection authorities suspend the transfer of personal data, which might be subject to indiscriminate access by UK intelligence authorities if the Commission were to adopt its adequacy decisions in relation to the UK before the UK solves the issues mentioned above; |
| --- | --- |

37.

| 38. | Calls on the Commission and the UK competent authorities to set up an action plan in order to address as soon as possible the deficiencies identified in the EDPB opinions and other outstanding issues in UK data protection, which must be a precondition for the final adequacy decision; |
| --- | --- |

38.

| 39. | Calls on the Commission to keep closely monitoring the level of data protection as well as laws and practices on mass surveillance in the UK; points out that there are other legal possibilities for transfers of personal data to the UK in Chapter V of the GDPR; recalls that in line with EDPB guidelines, transfers relying on derogations for specific situations pursuant to Article 49 of the GDPR must be exceptional; |
| --- | --- |

39.

| 40. | Regrets that the Commission has ignored Parliament’s calls to suspend the Privacy Shield until the US authorities comply with its terms, but has instead always preferred to ‘monitor the situation’ without any concrete result in terms of data protection for individuals and legal certainty for businesses; urges the Commission to learn from its past failures to heed calls from Parliament and experts with regard to the conclusion and monitoring of past adequacy decisions, and not to leave the proper enforcement of EU data protection law to the CJEU following complaints by individuals; |
| --- | --- |

40.

| 41. | Calls on the Commission to closely monitor data protection law and practices in the UK, to immediately inform and consult Parliament on any future changes to the UK data protection regime, and to give Parliament a scrutiny role in the new institutional framework, including for relevant bodies such as the Specialised Committee on Law Enforcement and Judicial Cooperation; |
| --- | --- |

41.

o

o o

| 42. | Instructs its president to forward this resolution to the Commission, the Member States, and the Government of the UK. |
| --- | --- |

42.

---

(1)  ECLI:EU:C:2020:559.

(2)  ECLI:EU:C:2015:650.

(3)  ECLI:EU:C:2020:790.

(4)  OJ C 378, 9.11.2017, p. 104.

(5)  OJ C 118, 8.4.2020, p. 133.

(6)  OJ C 345, 16.10.2020, p. 58.

(7)  Texts adopted, P9_TA(2021)0256.

(8)  Texts adopted, P9_TA(2020)0337.

(9)  OJ L 444, 31.12.2020, p. 14.

(10)  Texts adopted, P9_TA(2021)0141.

(11)  OJ L 119, 4.5.2016, p. 1.

(12)  OJ L 119, 4.5.2016, p. 89.

(13)  OJ L 201, 31.7.2002, p. 37.

(14)  A8-0324/2017.

(15)  Draft Commission implementing decision pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council on the adequate protection of personal data by the United Kingdom.

(16)  Draft Commission implementing decision pursuant to Directive (EU) 2016/680 of the European Parliament and of the Council on the adequate protection of personal data by the United Kingdom.

(17)  Lomas, N., UK’s ICO faces legal action after closing adtech complaint with nothing to show for it, TechCrunch, San Francisco, 2020.

(18)  Seventh Report of the Select Committee on Constitutional Affairs published by the House of Commons on 13 June 2006. Paragraph 108 reads: ‘We see considerable merit in the Information Commissioner becoming directly responsible to, and funded by, Parliament, and recommend that such a change be considered when an opportunity arises to amend the legislation’.

(19)  Report of the Public Administration Committee entitled ‘Who’s accountable? Relationships between Government and arm’s-length bodies’ published by the House of Commons on 4 November 2014. Paragraph 64 reads: ‘The Information Commissioner and HM Inspectorate of Prisons should be more fully independent of Government and should report to Parliament. The Information Commissioner, Commissioner for Public Appointments and the Chair of the Committee on Standards in Public Life should become Officers of Parliament, as the Parliamentary and Health Service Ombudsman and the Comptroller and Auditor General already are.’

(20)  Open Rights Group press release of 3 March 2021 entitled ‘Documents reveal controversial Immigration Exemption used in 70 % of access requests to Home Office’.

(21)  Texts adopted, P9_TA(2020)0033.

(22)  Opinion of the Committee on Civil Liberties, Justice and Home Affairs on the conclusion, on behalf of the Union, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information, LIBE_AL(2021)680848.

(23)  Judgment of 16 July 2020, Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems, C-311/18, ECLI:EU:C:2020:559.

(24)  Judgment of the European Court of Human Rights of 13 September 2018, Big Brother Watch and others v the United Kingdom, applications nos. 58170/13, 62322/14, 24960/15.

(25)  Judgment of the Court of Justice of 8 April 2014, Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources and Others and Kärntner Landesregierung and Others, C-293/12 and C-594/12, ECLI:EU:C:2014:238.

(26)  UK Department for International Trade press release of 30 January 2021 entitled ‘UK applies to join huge Pacific free trade area CPTPP’.

(27)  Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America of 3 October 2019 on Access to Electronic Data for the Purpose of Countering Serious Crime.

(28)  Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offences (OJ L 336, 10.12.2016, p. 3.)

(29)  European Parliament resolution on the draft Commission decision noting the adequate level of protection provided for personal data contained in the Passenger Name Records (PNRs) transferred to the US Bureau of Customs and Border Protection (OJ C 103 E, 29.4.2004, p. 665).

---

III Preparatory acts

European Parliament

Monday 17 May 2021

| 12.1.2022 | EN | Official Journal of the European Union | C 15/228 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/228

---

P9_TA(2021)0216

Exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (Pericles IV programme) ***II

European Parliament legislative resolution of 17 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (the ‘Pericles IV’ programme), and repealing Regulation (EU) No 331/2014 (06164/1/2021 — C9-0137/2021 — 2018/0194(COD))

(Ordinary legislative procedure: second reading)

(2022/C 15/24)

The European Parliament,

| — | having regard to the Council position at first reading (06164/1/2021 — C9-0137/2021), |
| --- | --- |

—

having regard to the Council position at first reading (06164/1/2021 — C9-0137/2021),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2018)0369), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2018)0369),

| — | having regard to the opinion of the European Central Bank of 19 October 2018 (2), |
| --- | --- |

—

having regard to the opinion of the European Central Bank of 19 October 2018 (2),

| — | having regard to Article 294(7) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

| — | having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure,

| — | having regard to Rule 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Civil Liberties, Justice and Home Affairs (A9-0164/2021), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Civil Liberties, Justice and Home Affairs (A9-0164/2021),

| 1. | Approves the Council position at first reading; |
| --- | --- |

1.

| 2. | Notes that the act is adopted in accordance with the Council position; |
| --- | --- |

2.

| 3. | Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union; |
| --- | --- |

3.

| 4. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

4.

| 5. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

5.

---

(1)  Text adopted of 13.2.2019, P8_TA(2019)0087.

(2)  OJ C 378, 19.10.2018, p. 2.

---

Tuesday 18 May 2021

| 12.1.2022 | EN | Official Journal of the European Union | C 15/229 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/229

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P9_TA(2021)0217

Appointment of the Executive Director of the European Securities and Markets Authority — Candidate: Natasha Cazenave

European Parliament decision of 18 May 2021 on the proposal for the appointment of the Executive Director of the European Securities and Markets Authority (N9-0005/2021 — C9-0114/2021 — 2021/0900(NLE))

(Approval)

(2022/C 15/25)

The European Parliament,

| — | having regard to the proposal of the Board of Supervisors of the European Securities and Markets Authority of 12 March 2021 (C9-0114/2021), |
| --- | --- |

—

having regard to the proposal of the Board of Supervisors of the European Securities and Markets Authority of 12 March 2021 (C9-0114/2021),

| — | having regard to Article 51(2) of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (1), |
| --- | --- |

—

having regard to Article 51(2) of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (1),

| — | having regard to its resolution of 14 March 2019 on gender balance in EU economic and monetary affairs nominations (2), |
| --- | --- |

—

having regard to its resolution of 14 March 2019 on gender balance in EU economic and monetary affairs nominations (2),

| — | having regard to its resolution of 16 January 2020 on institutions and bodies of the Economic and Monetary Union: preventing post-public employment conflicts of interest (3), |
| --- | --- |

—

having regard to its resolution of 16 January 2020 on institutions and bodies of the Economic and Monetary Union: preventing post-public employment conflicts of interest (3),

| — | having regard to Rule 131 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 131 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A9-0137/2021), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A9-0137/2021),

| A. | whereas the term of office of the current Executive Director of the European Securities and Markets Authority ends on 29 May 2021; |
| --- | --- |

A.

whereas the term of office of the current Executive Director of the European Securities and Markets Authority ends on 29 May 2021;

| B. | whereas, on 12 March 2021, the Board of Supervisors of the European Securities and Markets Authority, following an open selection procedure, proposed to appoint Natasha Cazenave as Executive Director for a term of office of five years, in accordance with Article 51(2) and (3) of Regulation (EU) No 1095/2010; |
| --- | --- |

B.

whereas, on 12 March 2021, the Board of Supervisors of the European Securities and Markets Authority, following an open selection procedure, proposed to appoint Natasha Cazenave as Executive Director for a term of office of five years, in accordance with Article 51(2) and (3) of Regulation (EU) No 1095/2010;

| C. | whereas, on 22 April 2021, the Committee on Economic and Monetary Affairs held a hearing with Natasha Cazenave, at which she made an opening statement and then responded to questions from the members of the Committee; |
| --- | --- |

C.

whereas, on 22 April 2021, the Committee on Economic and Monetary Affairs held a hearing with Natasha Cazenave, at which she made an opening statement and then responded to questions from the members of the Committee;

| 1. | Approves the appointment of Natasha Cazenave as Executive Director of the European Securities and Markets Authority; |
| --- | --- |

1.

| 2. | Instructs its President to forward this decision to the Council, the Commission, the European Securities and Markets Authority and the governments of the Member States. |
| --- | --- |

2.

---

(1)  OJ L 331, 15.12.2010, p. 84.

(2)  OJ C 23, 21.1.2021, p. 105.

(3)  Texts adopted, P9_TA(2020)0017.

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| 12.1.2022 | EN | Official Journal of the European Union | C 15/230 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/230

---

P9_TA(2021)0218

Appointment of the Chairperson of the European Insurance and Occupational Pensions Authority — Candidate: Petra Hielkema

European Parliament decision of 18 May 2021 on the proposal for the appointment of the Chairperson of the European Insurance and Occupational Pensions Authority (EIOPA) (N9-0022/2021 — C9-0163/2021 — 2021/0901(NLE))

(Approval)

(2022/C 15/26)

The European Parliament,

| — | having regard to the shortlist of qualified candidates for the position of Chairperson of the European Insurance and Occupational Pensions Authority of 22 March 2021 drawn up by its Board of Supervisors, |
| --- | --- |

—

having regard to the shortlist of qualified candidates for the position of Chairperson of the European Insurance and Occupational Pensions Authority of 22 March 2021 drawn up by its Board of Supervisors,

| — | having regard to the Council’s letter of 6 May 2021 proposing Petra Hielkema as Chairperson of the European Insurance and Occupational Pensions Authority (C9-0163/2021), |
| --- | --- |

—

having regard to the Council’s letter of 6 May 2021 proposing Petra Hielkema as Chairperson of the European Insurance and Occupational Pensions Authority (C9-0163/2021),

| — | having regard to Article 48(2) of Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (1), |
| --- | --- |

—

having regard to Article 48(2) of Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (1),

| — | having regard to its resolution of 14 March 2019 on gender balance in EU economic and monetary affairs nominations (2), |
| --- | --- |

—

having regard to its resolution of 14 March 2019 on gender balance in EU economic and monetary affairs nominations (2),

| — | having regard to its resolution of 16 January 2020 on institutions and bodies of the Economic and Monetary Union: preventing post-public employment conflicts of interest (3), |
| --- | --- |

—

having regard to its resolution of 16 January 2020 on institutions and bodies of the Economic and Monetary Union: preventing post-public employment conflicts of interest (3),

| — | having regard to Rule 131 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 131 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A9-0162/2021), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A9-0162/2021),

| A. | whereas the term of office of the Chairperson of the European Insurance and Occupational Pensions Authority ended on 28 February 2021; |
| --- | --- |

A.

whereas the term of office of the Chairperson of the European Insurance and Occupational Pensions Authority ended on 28 February 2021;

| B. | whereas, on 6 May 2021, the Council proposed to appoint Petra Hielkema as Chairperson of the European Insurance and Occupational Pensions Authority for a term of office of five years, in accordance with Article 48(2) and (3) of Regulation (EU) No 1094/2010; |
| --- | --- |

B.

whereas, on 6 May 2021, the Council proposed to appoint Petra Hielkema as Chairperson of the European Insurance and Occupational Pensions Authority for a term of office of five years, in accordance with Article 48(2) and (3) of Regulation (EU) No 1094/2010;

| C. | whereas, on 10 May 2021, the Committee on Economic and Monetary Affairs held a hearing with Petra Hielkema, at which she made an opening statement and then responded to questions from the members of the Committee; |
| --- | --- |

C.

whereas, on 10 May 2021, the Committee on Economic and Monetary Affairs held a hearing with Petra Hielkema, at which she made an opening statement and then responded to questions from the members of the Committee;

| 1. | Approves the appointment of Petra Hielkema as Chairperson of the European Insurance and Occupational Pensions Authority; |
| --- | --- |

1.

| 2. | Instructs its President to forward this decision to the Council, the Commission, the European Insurance and Occupational Pensions Authority and the governments of the Member States. |
| --- | --- |

2.

---

(1)  OJ L 331, 15.12.2010, p. 48.

(2)  OJ C 23, 21.1.2021, p. 105.

(3)  Texts adopted, P9_TA(2020)0017.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/231 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/231

---

P9_TA(2021)0219

Just Transition Fund ***I

European Parliament legislative resolution of 18 May 2021 on the proposal for a regulation of the European Parliament and of the Council establishing the Just Transition Fund (COM(2020)0022 — C9-0007/2020 — 2020/0006(COD))

(Ordinary legislative procedure: first reading)

(2022/C 15/27)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2020)0022) and the amended proposal (COM(2020)0460), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2020)0022) and the amended proposal (COM(2020)0460),

| — | having regard to Article 294(2) and the third paragraph of Article 175 and Article 322(1)(a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0007/2020), |
| --- | --- |

—

having regard to Article 294(2) and the third paragraph of Article 175 and Article 322(1)(a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0007/2020),

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

—

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

| — | having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Chamber of Deputies, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Chamber of Deputies, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the Court of Auditors of 20 July 2020 (1), |
| --- | --- |

—

having regard to the opinion of the Court of Auditors of 20 July 2020 (1),

| — | having regard to the opinions ofthe European Economic and Social Committee of 10 June 2020 and of 18 September 2020 (2), |
| --- | --- |

—

having regard to the opinions ofthe European Economic and Social Committee of 10 June 2020 and of 18 September 2020 (2),

| — | having regard to the opinion of the Committee of the Regions of 2 July 2020 (3), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 2 July 2020 (3),

| — | having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 3 March 2021 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 3 March 2021 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on Budgets, the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on Transport and Tourism and the Committee on Agriculture and Rural Development, |
| --- | --- |

—

having regard to the opinions of the Committee on Budgets, the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on Transport and Tourism and the Committee on Agriculture and Rural Development,

| — | having regard to the report of the Committee on Regional Development (A9-0135/2020), |
| --- | --- |

—

having regard to the report of the Committee on Regional Development (A9-0135/2020),

| 1. | Adopts its position at first reading hereinafter set out (4); |
| --- | --- |

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

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

3.

---

(1)  OJ C 290, 1.9.2020, p. 1.

(2)  OJ C 311, 18.9.2020, p. 55 and OJ C 429, 11.12.2020, p. 240.

(3)  OJ C 324, 1.10.2020, p. 74.

(4)  This position replaces the amendments adopted on 17 September 2020 (Texts adopted, P9_TA(2020)0223).

---

P9_TC1-COD(2020)0006

Position of the European Parliament adopted at first reading on 18 May 2021 with a view to the adoption of Regulation (EU) 2021/... of the European Parliament and of the Council establishing the Just Transition Fund

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2021/1056.)

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/233 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/233

---

P9_TA(2021)0221

Exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (Pericles IV programme): extension to the non-participating Member States ***

European Parliament legislative resolution of 18 May 2021 on the draft Council regulation extending to the non-participating Member States the application of Regulation (EU) 2021/... establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (the ‘Pericles IV’ programme), and repealing Regulation (EU) No 331/2014 (13255/2020 — C9-0017/2021 — 2018/0219(APP))

(Special legislative procedure — consent)

(2022/C 15/28)

The European Parliament,

| — | having regard to the draft Council regulation (13255/2020), |
| --- | --- |

—

having regard to the draft Council regulation (13255/2020),

| — | having regard to the request for consent submitted by the Council in accordance with Article 352 of the Treaty on the Functioning of the European Union (C9-0017/2021), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 352 of the Treaty on the Functioning of the European Union (C9-0017/2021),

| — | having regard to Rule 105(1) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(1) and (4) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A9-0165/2021), |
| --- | --- |

—

having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A9-0165/2021),

| 1. | Gives its consent to the draft Council regulation; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

2.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/234 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/234

---

P9_TA(2021)0222

EU/Cuba Agreement: modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union ***

European Parliament legislative resolution of 18 May 2021 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union (10637/2020 — C9-0097/2021 — 2020/0233(NLE))

(Consent)

(2022/C 15/29)

The European Parliament,

| — | having regard to the draft Council decision (10637/2020), |
| --- | --- |

—

having regard to the draft Council decision (10637/2020),

| — | having regard to the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union (10638/20), |
| --- | --- |

—

having regard to the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union (10638/20),

| — | having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph, and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C9-0097/2021), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph, and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C9-0097/2021),

| — | having regard to Rule 105(1) and (4), and Rule 114(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(1) and (4), and Rule 114(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on International Trade (A9-0129/2021), |
| --- | --- |

—

having regard to the recommendation of the Committee on International Trade (A9-0129/2021),

| 1. | Gives its consent to the conclusion of the agreement; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Cuba. |
| --- | --- |

2.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/235 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/235

---

P9_TA(2021)0223

Protocol to the Euro-Mediterranean Association Agreement EU/Tunisia (accession of Croatia) ***

European Parliament legislative resolution of 18 May 2021 on the draft Council decision on the conclusion, on behalf of the European Union and its Member States, of a Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, to take account of the accession of the Republic of Croatia to the European Union (COM(2018)0603 — C9-0302/2020 — 2018/0310(NLE))

(Consent)

(2022/C 15/30)

The European Parliament,

| — | having regard to the draft Council decision (12294/2018), |
| --- | --- |

—

having regard to the draft Council decision (12294/2018),

| — | having regard to the draft Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, to take account of the accession of the Republic of Croatia to the European Union (12295/2018), |
| --- | --- |

—

having regard to the draft Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, to take account of the accession of the Republic of Croatia to the European Union (12295/2018),

| — | having regard to the request for consent submitted by the Council in accordance with Article 217 and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C9-0302/2020), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 217 and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C9-0302/2020),

| — | having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Foreign Affairs (A9-0150/2021), |
| --- | --- |

—

having regard to the recommendation of the Committee on Foreign Affairs (A9-0150/2021),

| 1. | Gives its consent to the conclusion of the Protocol; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Tunisia. |
| --- | --- |

2.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/236 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/236

---

P9_TA(2021)0224

Protocol to the EU/Central America Association Agreement (accession of Croatia) ***

European Parliament legislative resolution of 18 May 2021 on the draft Council decision on the conclusion on behalf of the Union and its Member States of the Protocol to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, to take account of the accession of the Republic of Croatia to the European Union (06048/2020 — C9-0383/2020 — 2020/0024(NLE))

(Consent)

(2022/C 15/31)

The European Parliament,

| — | having regard to the draft Council decision (06048/2020), |
| --- | --- |

—

having regard to the draft Council decision (06048/2020),

| — | having regard to the draft Protocol to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, to take account of the accession of the Republic of Croatia to the European Union (06049/2020), |
| --- | --- |

—

having regard to the draft Protocol to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, to take account of the accession of the Republic of Croatia to the European Union (06049/2020),

| — | having regard to the request for consent submitted by the Council in accordance with Article 217 and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C9-0383/2020), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 217 and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C9-0383/2020),

| — | having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure,

| — | having regard to the opinion of the Committee on International Trade, |
| --- | --- |

—

having regard to the opinion of the Committee on International Trade,

| — | having regard to the recommendation of the Committee on Foreign Affairs (A9-0148/2021), |
| --- | --- |

—

having regard to the recommendation of the Committee on Foreign Affairs (A9-0148/2021),

| 1. | Gives its consent to the conclusion of the Protocol; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Central America. |
| --- | --- |

2.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/237 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/237

---

P9_TA(2021)0225

Agreement EU/USA/Iceland/Norway: Time Limitations on Arrangements for the Provision of Aircraft with Crew ***

European Parliament legislative resolution of 18 May 2021 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew between the European Union, the United States of America, Iceland, and the Kingdom of Norway (11645/2020 — C9-0392/2020 — 2019/0126(NLE))

(Consent)

(2022/C 15/32)

The European Parliament,

| — | having regard to the draft Council decision (11645/2020), |
| --- | --- |

—

having regard to the draft Council decision (11645/2020),

| — | having regard to the draft Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew between the European Union, the United States of America, Iceland, and the Kingdom of Norway (10584/19), |
| --- | --- |

—

having regard to the draft Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew between the European Union, the United States of America, Iceland, and the Kingdom of Norway (10584/19),

| — | having regard to the request for consent submitted by the Council in accordance with Article 100(2) and Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C9-0392/2020), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 100(2) and Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C9-0392/2020),

| — | having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Transport and Tourism (A9-0125/2021), |
| --- | --- |

—

having regard to the recommendation of the Committee on Transport and Tourism (A9-0125/2021),

| 1. | Gives its consent to the conclusion of the agreement; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the United States of America, Iceland, and the Kingdom of Norway. |
| --- | --- |

2.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/238 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/238

---

P9_TA(2021)0226

Dock dues scheme in the French outermost regions *

European Parliament legislative resolution of 18 May 2021 on the proposal for a Council decision concerning the dock dues scheme in the French outermost regions and amending Decision No 940/2014/EU (COM(2021)0095 — C9-0105/2021 — 2021/0051(CNS))

(Special legislative procedure — consultation)

(2022/C 15/33)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2021)0095), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2021)0095),

| — | having regard to Article 349 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0105/2021), |
| --- | --- |

—

having regard to Article 349 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0105/2021),

| — | having regard to Rule 82 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 82 of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Development (A9-0138/2021), |
| --- | --- |

—

having regard to the report of the Committee on Regional Development (A9-0138/2021),

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

2.

| 3. | Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament; |
| --- | --- |

3.

| 4. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

4.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/239 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/239

---

P9_TA(2021)0228

Common system of value added tax: exemptions on importations and on certain supplies, in respect of Union measures in the public interest*

European Parliament legislative resolution of 18 May 2021 on the proposal for a Council directive amending Directive 2006/112/EC as regards exemptions on importations and on certain supplies, in respect of Union measures in the public interest (COM(2021)0181 — C9-0132/2021 — 2021/0097(CNS))

(Special legislative procedure — consultation)

(2022/C 15/34)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2021)0181), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2021)0181),

| — | having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0132/2021), |
| --- | --- |

—

having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0132/2021),

| — | having regard to Rule 82 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 82 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A9-0155/2021), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A9-0155/2021),

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

2.

| 3. | Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament; |
| --- | --- |

3.

| 4. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

4.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/240 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/240

---

P9_TA(2021)0229

Mobilisation of the European Globalisation Adjustment Fund: application EGF/2020/002 EE/Tourism — Estonia

European Parliament resolution of 18 May 2021 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund following an application from Estonia — EGF/2020/002 EE/Estonia Tourism (COM(2021)0151 — C9-0127/2021 — 2021/0076(BUD))

(2022/C 15/35)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2021)0151 — C9-0127/2021), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2021)0151 — C9-0127/2021),

| — | having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1) (‘EGF Regulation’), |
| --- | --- |

—

having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1) (‘EGF Regulation’),

| — | having regard to Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021-2027 (2), and in particular Article 8 thereof, |
| --- | --- |

—

having regard to Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021-2027 (2), and in particular Article 8 thereof,

| — | having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management as well as on new own resources, including a roadmap towards the introduction of new own resources (3), (‘IIA of 16 December 2020’), and in particular point 9 thereof, |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management as well as on new own resources, including a roadmap towards the introduction of new own resources (3), (‘IIA of 16 December 2020’), and in particular point 9 thereof,

| — | having regard to the opinion of the Committee on Employment and Social Affairs, |
| --- | --- |

—

having regard to the opinion of the Committee on Employment and Social Affairs,

| — | having regard to the report of the Committee on Budgets (A9-0158/2021), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A9-0158/2021),

| A. | whereas the Union has set up legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns or of the global financial and economic crisis, and to assist their reintegration into the labour market; whereas this assistance is made through a financial support given to workers and the companies for which they worked; |
| --- | --- |

A.

whereas the Union has set up legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns or of the global financial and economic crisis, and to assist their reintegration into the labour market; whereas this assistance is made through a financial support given to workers and the companies for which they worked;

| B. | whereas Estonia submitted application EGF/2020/002 EE/Estonia Tourism for a financial contribution from the European Globalisation Adjustment Fund (EGF), following 10 080 redundancies (4) in the economic sectors classified under the NACE Revision 2 Division 45 (Wholesale and retail trade and repair of motor vehicles and motorcycles), Division 49 (Land transport and transport via pipelines), Division 50 (Water transport), Division 51 (Air transport), Division 52 (Warehousing and support activities for transportation), Division 55 (Accommodation), Division 56 (Food and beverage service activities), Division 74 (Other professional, scientific and technical activities), Division 77 (Rental and leasing activities), Division 79 (Travel agency, tour operator and other reservation service and related activities), Division 90 (Creative, arts and entertainment activities), Division 91 (Libraries, archives, museums and other cultural activities), Division 92 (Gambling and betting activities), Division 93 (Sports activities and amusement and recreation activities) in the NUTS level 2 region Eesti (EE00) in Estonia (5), within a reference period for the application from 13 March 2020 to 11 November 2020; |
| --- | --- |

B.

whereas Estonia submitted application EGF/2020/002 EE/Estonia Tourism for a financial contribution from the European Globalisation Adjustment Fund (EGF), following 10 080 redundancies (4) in the economic sectors classified under the NACE Revision 2 Division 45 (Wholesale and retail trade and repair of motor vehicles and motorcycles), Division 49 (Land transport and transport via pipelines), Division 50 (Water transport), Division 51 (Air transport), Division 52 (Warehousing and support activities for transportation), Division 55 (Accommodation), Division 56 (Food and beverage service activities), Division 74 (Other professional, scientific and technical activities), Division 77 (Rental and leasing activities), Division 79 (Travel agency, tour operator and other reservation service and related activities), Division 90 (Creative, arts and entertainment activities), Division 91 (Libraries, archives, museums and other cultural activities), Division 92 (Gambling and betting activities), Division 93 (Sports activities and amusement and recreation activities) in the NUTS level 2 region Eesti (EE00) in Estonia (5), within a reference period for the application from 13 March 2020 to 11 November 2020;

| C. | whereas the application relates to 1 715 self-employed persons whose activity has been ceased and 8 365 workers made redundant in the tourism industry in Estonia; |
| --- | --- |

C.

whereas the application relates to 1 715 self-employed persons whose activity has been ceased and 8 365 workers made redundant in the tourism industry in Estonia;

| D. | whereas the application is based on the intervention criteria of Article 4(2) of the EGF Regulation, which allows that in exceptional circumstances, in particular with regard to collective applications involving SMEs, an application may be considered admissible even if the criteria laid down in Article 4(1) of that Regulation are not entirely met, when the redundancies have a serious impact on employment and the local, regional or national economy; |
| --- | --- |

D.

whereas the application is based on the intervention criteria of Article 4(2) of the EGF Regulation, which allows that in exceptional circumstances, in particular with regard to collective applications involving SMEs, an application may be considered admissible even if the criteria laid down in Article 4(1) of that Regulation are not entirely met, when the redundancies have a serious impact on employment and the local, regional or national economy;

| E. | whereas the events giving rise to these redundancies and cessations of activity occurred unexpectedly in early 2020 due to the global spread of the Covid-19 pandemic and related economic crisis which hit the tourism industry particularly hard, with sudden restrictions of movement taking place internationally causing a sharp and unforeseen decrease in international travel and tourism; |
| --- | --- |

E.

whereas the events giving rise to these redundancies and cessations of activity occurred unexpectedly in early 2020 due to the global spread of the Covid-19 pandemic and related economic crisis which hit the tourism industry particularly hard, with sudden restrictions of movement taking place internationally causing a sharp and unforeseen decrease in international travel and tourism;

| F. | whereas the COVID-19 pandemic and the following global economic crisis caused an immense shock to the Estonian economy, especially the tourism industry, where before crisis 90 % of the tourism expenditure in Estonia was generated by international tourism while the average for OECD countries was around 25 %; |
| --- | --- |

F.

whereas the COVID-19 pandemic and the following global economic crisis caused an immense shock to the Estonian economy, especially the tourism industry, where before crisis 90 % of the tourism expenditure in Estonia was generated by international tourism while the average for OECD countries was around 25 %;

| G. | whereas in 2019 Estonian tourism earnings reached a new record of 2,1 billion and tourism was considered a significant sector for the Estonian competitiveness and substantial investments were made to developed it further; |
| --- | --- |

G.

whereas in 2019 Estonian tourism earnings reached a new record of 2,1 billion and tourism was considered a significant sector for the Estonian competitiveness and substantial investments were made to developed it further;

| H. | whereas the tourism sector is dominated by SMEs that have a weaker crisis resilience compared to bigger companies and SMEs accounting for 79,2 % of total workforce in Estonia; |
| --- | --- |

H.

whereas the tourism sector is dominated by SMEs that have a weaker crisis resilience compared to bigger companies and SMEs accounting for 79,2 % of total workforce in Estonia;

| I. | whereas the European Globalisation Adjustment Fund can, through the support it will provide to workers, help the transition to a more sustainable tourism and therefore enable Europe to safeguard and promote its natural and cultural heritage and resources while offering new opportunities for jobs and the creation of innovative businesses; |
| --- | --- |

I.

whereas the European Globalisation Adjustment Fund can, through the support it will provide to workers, help the transition to a more sustainable tourism and therefore enable Europe to safeguard and promote its natural and cultural heritage and resources while offering new opportunities for jobs and the creation of innovative businesses;

| J. | whereas the Commission declared that the COVID-19 health crisis resulted in an economic crisis, set out a recovery plan for the economy, and underlined the role of the EGF to be used as an emergency tool (6) to assist persons who lost their jobs due to the global economic crisis; |
| --- | --- |

J.

whereas the Commission declared that the COVID-19 health crisis resulted in an economic crisis, set out a recovery plan for the economy, and underlined the role of the EGF to be used as an emergency tool (6) to assist persons who lost their jobs due to the global economic crisis;

| K. | whereas both national and European support to maintain employment via short-time work schemes and the SURE instrument were used in Estonia to mitigate the impact of the COVID-19 pandemic and related crisis on the labour market; |
| --- | --- |

K.

whereas both national and European support to maintain employment via short-time work schemes and the SURE instrument were used in Estonia to mitigate the impact of the COVID-19 pandemic and related crisis on the labour market;

| L. | whereas this is the first mobilisation of the EGF due to the COVID-19 crisis, following the inclusion in the European Parliament’s resolution of 18 June 2020 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund (EGF/2020/000 TA 2020 — Technical assistance at the initiative of the Commission) (7) of the mention that the EGF could be mobilised to support permanently dismissed workers and the self-employed in the context of the global crisis caused by COVID-19 without amending Regulation (EU) No 1309/2013; |
| --- | --- |

L.

whereas this is the first mobilisation of the EGF due to the COVID-19 crisis, following the inclusion in the European Parliament’s resolution of 18 June 2020 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund (EGF/2020/000 TA 2020 — Technical assistance at the initiative of the Commission) (7) of the mention that the EGF could be mobilised to support permanently dismissed workers and the self-employed in the context of the global crisis caused by COVID-19 without amending Regulation (EU) No 1309/2013;

| 1. | Agrees with the Commission that the conditions set out in Article 4(2) of the EGF Regulation are met and that Estonia is entitled to a financial contribution of EUR 4 474 480 under that Regulation, which represents 60 % of the total cost of EUR 7 457 468, comprising expenditure for personalised services of EUR 7 452 468 and expenditure for preparatory, management, information and publicity, control and reporting activities of EUR 5 000; |
| --- | --- |

1.

| 2. | Notes that the Estonian authorities submitted the application on 12 November 2020, and that, following the provision of additional information by Estonia, the Commission finalised its assessment on 31 March 2021 and notified it to Parliament on the same day; |
| --- | --- |

2.

| 3. | Notes that the application relates in total to 10 080 workers, 1 715 self-employed persons whose activity has ceased and 8 365 workers made redundant in the Estonian tourism sector; regrets that Estonia expects that only 5 060 out of the total eligible beneficiaries will participate in the measures (targeted beneficiaries); |
| --- | --- |

3.

| 4. | Recalls that the social impact of the redundancies are expected to be considerable with workers in the tourism sector include a large share of low skilled workers, workers with no professional qualifications, young people and seasonal and part-time workers; |
| --- | --- |

4.

| 5. | Points out that more than 60 % of eligible persons are women with most effected age group between 30 and 64 years old; |
| --- | --- |

5.

| 6. | Notes that Estonia started providing personalised services to the targeted beneficiaries on 1 January 2021 and that the period of eligibility for a financial contribution from the EGF will therefore be from 1 January 2021 to 1 January 2023, with the exception of formal education or training courses, including vocational training, the duration of which is two years or more, which will be eligible until 1 July 2023; |
| --- | --- |

6.

| 7. | Recalls that personalised services to be provided to the workers and self-employed persons consist of the following actions: labour market training, business start-up subsidy and follow up support, apprenticeships, support for formal studies and training allowances, including vocational training allowances; |
| --- | --- |

7.

| 8. | Notes that Estonia started incurring administrative expenditure to implement the EGF on 1 January 2021 and that expenditure on preparatory, management, information and publicity, control and reporting activities will therefore be eligible for a financial contribution from the EGF from 1 January 2021 to 1 July 2023; |
| --- | --- |

8.

| 9. | Notes that the source of national pre-financing or co-funding is the Foundation of labour market services and benefits, from which the Estonian Unemployment Insurance Fund (EUIF) as the public employment service is providing active labour market measures in Estonia; notes that the Foundation is established from the assets of the unemployment insurance benefit trust fund — the trust fund for benefits upon lay-offs and insolvency of employers — and from the funds allocated from the state budget through the Ministry of Social Affairs; |
| --- | --- |

9.

| 10. | Welcomes that the co-ordinated package of personalised services was drawn up by Estonia in consultation with the relevant authorities and association representatives and that the progress will be discussed in the Supervisory Board of the EUIF, which includes the social partners — two members of the Estonian Employers’ Confederation, one from the Estonian Trade Union Confederation, and one from Estonian Employees' Unions' Confederation -; welcomes further consultations with tourism industry representatives that will be concluded after analysing the profile of the dismissed workers; |
| --- | --- |

10.

| 11. | Notes that further consultations with tourism industry representatives will be conducted after analysing the profile of the dismissed workers and that the most suitable kind of support will be identified, taking account of the age structure, the educational profile, and other characteristics of the beneficiaries; notes that in addition, a possible contribution of the Estonian Hotel and Restaurant Association is planned for the design of some of the industry-related training measures; |
| --- | --- |

11.

| 12. | Stresses that the Estonian authorities have confirmed that the eligible actions do not receive assistance from other Union funds or financial instruments; |
| --- | --- |

12.

| 13. | Reiterates that assistance from the EGF must not replace actions which are the responsibility of companies, by virtue of national law or collective agreements; |
| --- | --- |

13.

| 14. | Calls on the Commission to minimise the time taken to assess EGF assistance requests and to mobilise the EGF, so as to reduce the pressure on national social security systems in the context of COVID-19 crisis; |
| --- | --- |

14.

| 15. | Approves the decision annexed to this resolution; |
| --- | --- |

15.

| 16. | Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

16.

| 17. | Instructs its President to forward this resolution, including its Annex, to the Council and the Commission; |
| --- | --- |

17.

---

(1)  OJ L 347, 20.12.2013, p. 855.

(2)  OJ L 433 I, 22.12.2020, p. 11.

(3)  OJ L 433 I, 22.12.2020, p. 28.

(4)  Within the meaning of Article 3 of the EGF Regulation.

(5)  The Republic of Estonia is not divided into NUTS-level 2 regions.

(6)  COM(2020)0442.

(7)  Texts adopted, P9_TA(2020)0141.

---

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the European Globalisation Adjustment Fund following an application from Estonia — EGF/2020/002 EE/Estonia Tourism

(The text of this annex is not reproduced here since it corresponds to the final act, Decision (EU) 2021/886.)

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/244 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/244

---

P9_TA(2021)0230

Mobilisation of the European Union Solidarity Fund to provide assistance to Greece and France in relation to natural disasters and to Albania, Austria, Belgium, Croatia, Czechia, Estonia, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Montenegro, Portugal, Romania, Serbia, Spain in relation to a public health emergency

European Parliament resolution of 18 May 2021 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Union Solidarity Fund to provide assistance to Greece and France in relation to natural disasters and to Albania, Austria, Belgium, Croatia, Czechia, Estonia, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Montenegro, Portugal, Romania, Serbia, Spain in relation to a public health emergency (COM(2021)0201 — C9-0117/2021 — 2021/0077(BUD))

(2022/C 15/36)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2021)0201 — C9-0117/2021), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2021)0201 — C9-0117/2021),

| — | having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1), |
| --- | --- |

—

having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1),

| — | having regard to Regulation (EU) 2020/461 of the European Parliament and of the Council of 30 March 2020 amending Council Regulation (EC) No 2012/2002 in order to provide financial assistance to Member States and to countries negotiating their accession to the Union that are seriously affected by a major public health emergency (2), |
| --- | --- |

—

having regard to Regulation (EU) 2020/461 of the European Parliament and of the Council of 30 March 2020 amending Council Regulation (EC) No 2012/2002 in order to provide financial assistance to Member States and to countries negotiating their accession to the Union that are seriously affected by a major public health emergency (2),

| — | having regard to Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (3), and in particular Article 9 thereof, |
| --- | --- |

—

having regard to Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (3), and in particular Article 9 thereof,

| — | having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (4), in particular point 10 thereof, |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (4), in particular point 10 thereof,

| — | having regard to the letter from the Committee on Regional Development, |
| --- | --- |

—

having regard to the letter from the Committee on Regional Development,

| — | having regard to the report of the Committee on Budgets (A9-0157/2021), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A9-0157/2021),

| 1. | Welcomes the decision as a concrete, tangible and visible form of the Union’s solidarity with the Union’s citizens and regions hit by natural disasters and the major public health emergency caused by the COVID-19 pandemic in 2020; |
| --- | --- |

1.

| 2. | Applauds the widening of the scope of Regulation (EC) No 2012/2002 from March 2020 to include major public health emergencies, such as the ongoing COVID-19 pandemic; |
| --- | --- |

2.

| 3. | Expresses empathy and solidarity with all the victims of devastating natural disasters and the COVID-19 pandemic; |
| --- | --- |

3.

| 4. | Stresses the urgent need to release financial assistance through the European Union Solidarity Fund (the ‘Fund’) and the importance of ensuring that it adequately reaches the regions and beneficiaries in the affected countries; |
| --- | --- |

4.

| 5. | Regrets the considerable amount of time taken to assess the applications for financial assistance due to the COVID-19 pandemic in 2020 submitted by the official final deadline of 24 June 2020, resulting in the Commission submitting its proposal for the mobilisation of the Fund only at the end of March 2021; underlines the importance of the rapid mobilisation of the Fund in the future to provide much-needed relief after major natural disasters or major public health emergencies; |
| --- | --- |

5.

| 6. | Points out that, due to climate change, natural disasters will become increasingly violent and recurrent; stresses that certain regions, such as islands and coastal regions, are particularly at risk of being affected by natural disasters; emphasises that the Fund is only a curative instrument and that climate change requires first and foremost a preventive policy to avert the future consequences of climate change in line with the Paris Agreement and the European Green Deal; reiterates the importance of investing in climate mitigation and adaptation for particularly vulnerable regions and of ensuring effective synergies between the Fund and relevant Union funding programmes; |
| --- | --- |

6.

| 7. | Approves the decision annexed to this resolution; |
| --- | --- |

7.

| 8. | Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

8.

| 9. | Instructs its President to forward this resolution, including its annex, to the Council and the Commission. |
| --- | --- |

9.

---

(1)  OJ L 311, 14.11.2002, p. 3.

(2)  OJ L 99, 31.03.2020, p. 9.

(3)  OJ L 433 I, 22.12.2020, p. 11.

(4)  OJ L 433 I, 22.12.2020, p. 28.

---

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the European Union Solidarity Fund to provide assistance to Greece and France in relation to natural disasters and to Albania, Austria, Belgium, Croatia, Czechia, Estonia, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Montenegro, Portugal, Romania, Serbia, Spain in relation to a public health emergency

(The text of this annex is not reproduced here since it corresponds to the final act, Decision (EU) 2021/885.)

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/247 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/247

---

P9_TA(2021)0231

Draft amending budget No 2/2021: financing the COVID-19 response and including refinements and updates related to the final adoption of the Multiannual Financial Framework

European Parliament resolution of 18 May 2021 on the Council position on Draft amending budget No 2/2021 of the European Union for the financial year 2021 — financing the COVID-19 response and including refinements and updates related to the final adoption of the Multiannual Financial Framework (08145/2021 — C9-0155/2021 — 2021/0078(BUD))

(2022/C 15/37)

The European Parliament,

| — | having regard to Article 314 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 314 of the Treaty on the Functioning of the European Union,

| — | having regard to Article 106a of the Treaty establishing the European Atomic Energy Community, |
| --- | --- |

—

having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

| — | having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof, |
| --- | --- |

—

having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof,

| — | having regard to the general budget of the European Union for the financial year 2021, as definitively adopted on 18 December 2020 (2), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2021, as definitively adopted on 18 December 2020 (2),

| — | having regard to Council Regulation (EU, Euratom) No 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (3) (MFF Regulation), |
| --- | --- |

—

having regard to Council Regulation (EU, Euratom) No 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (3) (MFF Regulation),

| — | having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (4), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (4),

| — | having regard to Council Decision (EU, Euratom) 2020/2053, Euratom of 14 December 2020 on the system of own resources of the European Union (5), |
| --- | --- |

—

having regard to Council Decision (EU, Euratom) 2020/2053, Euratom of 14 December 2020 on the system of own resources of the European Union (5),

| — | having regard to Draft amending budget No 2/2021, which the Commission adopted on 24 March 2021 (COM(2021)0200), |
| --- | --- |

—

having regard to Draft amending budget No 2/2021, which the Commission adopted on 24 March 2021 (COM(2021)0200),

| — | having regard to the position on Draft amending budget No 2/2021 which the Council adopted on 23 April 2021 and forwarded to Parliament on 26 April 2021 (08145/2021 — C9-0155/2021), |
| --- | --- |

—

having regard to the position on Draft amending budget No 2/2021 which the Council adopted on 23 April 2021 and forwarded to Parliament on 26 April 2021 (08145/2021 — C9-0155/2021),

| — | having regard to Rule 94 and 96 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 94 and 96 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A9-0160/2021), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A9-0160/2021),

| A. | whereas the purpose of the Commission proposal is principally twofold: on one hand, to provide additional funding for the prevention, preparedness and response to the COVID-19 pandemic, safe and sustained re-opening and potential impact of further European initiatives related to the COVID-19 response; on the other hand, to introduce technical changes stemming from the political agreements on sectoral legal bases following the adoption of the Multiannual Financial Framework (MFF) in December 2020, as well as adjustments in relation to the provisioning of the External Action Guarantee; moreover, it proposes to carry over the amount of EUR 47 981 598 from the unused 2020 allocation of the EU Solidarity Fund (EUSF) directly to the EUSF operational budget line and to operate other adjustments and technical updates; |
| --- | --- |

A.

whereas the purpose of the Commission proposal is principally twofold: on one hand, to provide additional funding for the prevention, preparedness and response to the COVID-19 pandemic, safe and sustained re-opening and potential impact of further European initiatives related to the COVID-19 response; on the other hand, to introduce technical changes stemming from the political agreements on sectoral legal bases following the adoption of the Multiannual Financial Framework (MFF) in December 2020, as well as adjustments in relation to the provisioning of the External Action Guarantee; moreover, it proposes to carry over the amount of EUR 47 981 598 from the unused 2020 allocation of the EU Solidarity Fund (EUSF) directly to the EUSF operational budget line and to operate other adjustments and technical updates;

| B. | whereas the net effect of the proposal on expenditure in the 2021 budget is an amount of EUR 260 681 598 in commitment and EUR 252 581 598 in payment appropriations; |
| --- | --- |

B.

whereas the net effect of the proposal on expenditure in the 2021 budget is an amount of EUR 260 681 598 in commitment and EUR 252 581 598 in payment appropriations;

| C. | whereas Parliament has repeatedly considered that a draft amending budget should follow one purpose only; |
| --- | --- |

C.

whereas Parliament has repeatedly considered that a draft amending budget should follow one purpose only;

| 1. | Takes note of Draft amending budget No 2/2021 as submitted by the Commission; |
| --- | --- |

1.

| 2. | Stresses its full support for a robust Union response to the COVID-19 pandemic; reiterates its view that no effort should be spared, including through all available possibilities under the Union budget and the Financial Regulation, to fight the pandemic and pave the way for a safe and sustained recovery in Europe; |
| --- | --- |

2.

| 3. | Regrets that the Commission decided, in spite of Parliament’s insistence, to present together elements related to the COVID-19 pandemic with the part related to the alignment with the MFF programmes’ legal bases which could and should have been treated separately; reiterates that, to better respect the prerogative of the budgetary authority, the Commission should present a draft amending budget for one purpose only and refrain from combining several purposes in one draft amending budget; |
| --- | --- |

3.

| 4. | Insists that the adoption of the Draft amending budget 2/2021, allowing, notably, the start of preparatory work to establish a common framework for a Digital Green Certificate, does not prejudge in any way the outcome of the negotiations between Parliament and the Council on the Green digital certificate Regulation; |
| --- | --- |

4.

| 5. | Considers that the Commission has not followed up properly on the result of the negotiations of the Neighbourhood, Development and International Cooperation Instrument — Global Europe when it comes to the budget nomenclature for geographic programmes in Asia; asks the Commission to present a new draft amending budget reflecting the agreed texts of the sectoral legal bases; in line with its guidelines for the 2022 budget, insists that such a harmonisation could and should be carried out ahead of the 2022 budgetary procedure; |
| --- | --- |

5.

| 6. | Asks the Commission to provide the two arms of the budgetary authority with comprehensive information about the planned autonomous transfers, carried in accordance with Article 30 of the Financial Regulation, aimed at adjusting the 2021 budget in relation with the political agreements on MFF sectoral legal bases on top of the Draft amending budget No 2/2021, including their amounts when available; |
| --- | --- |

6.

| 7. | Approves the Council position on Draft amending budget No 2/2021; |
| --- | --- |

7.

| 8. | Instructs its President to declare that Amending budget No 1/2021 has been definitively adopted and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

8.

| 9. | Instructs its President to forward this resolution to the Council, the Commission and the national parliaments. |
| --- | --- |

9.

---

(1)  OJ L 193, 30.7.2018, p. 1.

(2)  OJ L 433 I, 22.12.2020, p. 23.

(3)  OJ L 433 I, 22.12.2020, p. 11.

(4)  OJ L 433 I, 22.12.2020, p. 28.

(5)  OJ L 424, 15.12.2020, p. 1.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/249 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/249

---

P9_TA(2021)0232

Non-objection to a delegated act: Annual supervisory fees charged by ESMA to trade repositories for 2021

European Parliament decision to raise no objections to the Commission delegated regulation of 24 March 2021 amending Delegated Regulations (EU) No 1003/2013 and (EU) 2019/360 as regards the annual supervisory fees charged by the European Securities and Markets Authority to trade repositories for 2021 (C(2021)01874 — 2021/2617(DEA))

(2022/C 15/38)

The European Parliament,

| — | having regard to the Commission delegated regulation (C(2021)01874), |
| --- | --- |

—

having regard to the Commission delegated regulation (C(2021)01874),

| — | having regard to the Commission’s letter of 25 March 2021 asking Parliament to declare that it will raise no objections to the delegated regulation, |
| --- | --- |

—

having regard to the Commission’s letter of 25 March 2021 asking Parliament to declare that it will raise no objections to the delegated regulation,

| — | having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 11 May 2021, |
| --- | --- |

—

having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 11 May 2021,

| — | having regard to Article 290 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 290 of the Treaty on the Functioning of the European Union,

| — | having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (1) (EMIR), and in particular Articles 72(3) and 82(6) thereof, |
| --- | --- |

—

having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (1) (EMIR), and in particular Articles 72(3) and 82(6) thereof,

| — | having regard to Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012 (2), and in particular Articles 11(2) and 30(5) thereof, |
| --- | --- |

—

having regard to Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012 (2), and in particular Articles 11(2) and 30(5) thereof,

| — | having regard to Rule 111(6) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 111(6) of its Rules of Procedure,

| — | having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs, |
| --- | --- |

—

having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

| — | having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 18 May 2021, |
| --- | --- |

—

having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 18 May 2021,

| A. | whereas the European Securities and Markets Authority (ESMA) authorises trade repositories and supervises their compliance with the relevant regulatory requirements; whereas trade repositories pay ESMA a one-off registration fee and an annual supervisory fee; whereas since 1 January 2021, the Union’s trade repositories landscape has changed significantly because only two out of the four trade repositories that were based in the United Kingdom before 1 January 2021 have transferred their business to the Union to continue to provide their services in the Union by establishing new entities in the Union, which has made the existing fees calculation methodology incompatible with the prevailing principles regarding the calculation of fees; |
| --- | --- |

A.

whereas the European Securities and Markets Authority (ESMA) authorises trade repositories and supervises their compliance with the relevant regulatory requirements; whereas trade repositories pay ESMA a one-off registration fee and an annual supervisory fee; whereas since 1 January 2021, the Union’s trade repositories landscape has changed significantly because only two out of the four trade repositories that were based in the United Kingdom before 1 January 2021 have transferred their business to the Union to continue to provide their services in the Union by establishing new entities in the Union, which has made the existing fees calculation methodology incompatible with the prevailing principles regarding the calculation of fees;

| B. | whereas to ensure that all Union trade repositories pay supervisory fees which are proportionate to their actual turnover in the Union in 2021, a new article is included in each of the two delegated regulations to provide a specific reference period for the calculation of applicable turnover to be used in the calculation of annual fees paid by trade repositories to ESMA in 2021, in order to better reflect the changes that the Union’s trade repositories landscape is experiencing; |
| --- | --- |

B.

whereas to ensure that all Union trade repositories pay supervisory fees which are proportionate to their actual turnover in the Union in 2021, a new article is included in each of the two delegated regulations to provide a specific reference period for the calculation of applicable turnover to be used in the calculation of annual fees paid by trade repositories to ESMA in 2021, in order to better reflect the changes that the Union’s trade repositories landscape is experiencing;

| C. | whereas the delegated regulation should enter into force as a matter of urgency to provide Union trade repositories with a reliable legal basis for their operations and the necessary clarity for their budget planning, and to minimise as much as possible any potential impact on their activity arising from the different calculation compared to 2020; |
| --- | --- |

C.

whereas the delegated regulation should enter into force as a matter of urgency to provide Union trade repositories with a reliable legal basis for their operations and the necessary clarity for their budget planning, and to minimise as much as possible any potential impact on their activity arising from the different calculation compared to 2020;

| 1. | Declares that it has no objections to the delegated regulation; |
| --- | --- |

1.

| 2. | Instructs its President to forward this decision to the Council and the Commission. |
| --- | --- |

2.

---

(1)  OJ L 201, 27.7.2012, p. 1.

(2)  OJ L 337, 23.12.2015, p. 1.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/251 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/251

---

P9_TA(2021)0233

Non-objection to a delegated act: Supplementing Directive 2013/36/EU with regard to the identification of staff whose professional activities have a material impact on the institutions’ risk profile

European Parliament decision to raise no objections to the Commission delegated regulation of 25 March 2021 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards setting out the criteria to define managerial responsibility, control functions, material business units and a significant impact on a material business unit’s risk profile, and setting out criteria for identifying staff members or categories of staff whose professional activities have an impact on the institution’s risk profile that is comparably as material as that of staff members or categories of staff referred to in Article 92(3) of that Directive (C(2021)01906 — 2021/2618(DEA))

(2022/C 15/39)

The European Parliament,

| — | having regard to the Commission delegated regulation (C(2021)01906), |
| --- | --- |

—

having regard to the Commission delegated regulation (C(2021)01906),

| — | having regard to the Commission’s letter of 26 March 2021 asking Parliament to declare that it will raise no objections to the delegated regulation, |
| --- | --- |

—

having regard to the Commission’s letter of 26 March 2021 asking Parliament to declare that it will raise no objections to the delegated regulation,

| — | having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 10 May 2021, |
| --- | --- |

—

having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 10 May 2021,

| — | having regard to Article 290 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 290 of the Treaty on the Functioning of the European Union,

| — | having regard to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (1) (CRD), and in particular Articles 94(2) and 148(5) thereof, |
| --- | --- |

—

having regard to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (1) (CRD), and in particular Articles 94(2) and 148(5) thereof,

| — | having regard to the draft set of regulatory technical standards submitted by the European Supervisory Authority (European Banking Authority) (EBA) on 18 June 2020 pursuant to Article 10(1) of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision No 2009/78/EC (2), |
| --- | --- |

—

having regard to the draft set of regulatory technical standards submitted by the European Supervisory Authority (European Banking Authority) (EBA) on 18 June 2020 pursuant to Article 10(1) of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision No 2009/78/EC (2),

| — | having regard to Rule 111(6) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 111(6) of its Rules of Procedure,

| — | having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs, |
| --- | --- |

—

having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

| — | having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 18 May 2021, |
| --- | --- |

—

having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 18 May 2021,

| A. | whereas in accordance with CRD, the EBA was to deliver a draft for the delegated regulation by 28 December 2019; whereas the EBA published the draft on 18 June 2020; whereas the Commission, in its draft delegated regulation, made certain drafting changes as compared to the draft submitted by the EBA, and the EBA confirmed on 16 December 2020 that those drafting changes did not constitute a change to the policy or legal content of the draft as approved by the EBA Board of Supervisors and that they would therefore not object to the Commission proceeding with the adoption of the draft, including those changes, without seeking a formal EBA opinion; |
| --- | --- |

A.

whereas in accordance with CRD, the EBA was to deliver a draft for the delegated regulation by 28 December 2019; whereas the EBA published the draft on 18 June 2020; whereas the Commission, in its draft delegated regulation, made certain drafting changes as compared to the draft submitted by the EBA, and the EBA confirmed on 16 December 2020 that those drafting changes did not constitute a change to the policy or legal content of the draft as approved by the EBA Board of Supervisors and that they would therefore not object to the Commission proceeding with the adoption of the draft, including those changes, without seeking a formal EBA opinion;

| B. | whereas the delegated regulation was impacted by the negotiations on Directive (EU) 2021/338 of the European Parliament and of the Council of 16 February 2021 amending Directive 2014/65/EU as regards information requirements, product governance and position limits, and Directives 2013/36/EU and (EU) 2019/878 as regards their application to investment firms, to help the recovery from the COVID-19 crisis (3), which was published on 26 February 2021 and revised the empowerment of the EBA to ensure that investment firms currently subject to the CRD, which will fall under Directive (EU) 2019/2034 of the European Parliament and of the Council of 27 November 2019 on the prudential supervision of investment firms and amending Directives 2002/87/EC, 2009/65/EC, 2011/61/EU, 2013/36/EU, 2014/59/EU and 2014/65/EU (4) (IFD) by 26 June 2021, do not need to comply with the delegated regulation because for those investment firms, a separate delegated regulation under the IFD will be adopted; whereas the scrutiny period for the delegated regulation is due to end on 25 June 2021; |
| --- | --- |

B.

whereas the delegated regulation was impacted by the negotiations on Directive (EU) 2021/338 of the European Parliament and of the Council of 16 February 2021 amending Directive 2014/65/EU as regards information requirements, product governance and position limits, and Directives 2013/36/EU and (EU) 2019/878 as regards their application to investment firms, to help the recovery from the COVID-19 crisis (3), which was published on 26 February 2021 and revised the empowerment of the EBA to ensure that investment firms currently subject to the CRD, which will fall under Directive (EU) 2019/2034 of the European Parliament and of the Council of 27 November 2019 on the prudential supervision of investment firms and amending Directives 2002/87/EC, 2009/65/EC, 2011/61/EU, 2013/36/EU, 2014/59/EU and 2014/65/EU (4) (IFD) by 26 June 2021, do not need to comply with the delegated regulation because for those investment firms, a separate delegated regulation under the IFD will be adopted; whereas the scrutiny period for the delegated regulation is due to end on 25 June 2021;

| C. | whereas the delegated regulation should enter into force as a matter of urgency to provide the legal clarity and certainty that competent authorities and credit institutions need in order to properly identify material risk takers based on the CRD framework that entered into application on 28 December 2020; |
| --- | --- |

C.

whereas the delegated regulation should enter into force as a matter of urgency to provide the legal clarity and certainty that competent authorities and credit institutions need in order to properly identify material risk takers based on the CRD framework that entered into application on 28 December 2020;

| 1. | Declares that it has no objections to the delegated regulation; |
| --- | --- |

1.

| 2. | Instructs its President to forward this decision to the Council and the Commission. |
| --- | --- |

2.

---

(1)  OJ L 176, 27.6.2013, p. 338.

(2)  OJ L 331, 15.12.2010, p. 12.

(3)  OJ L 68, 26.2.2021, p. 14.

(4)  OJ L 314, 5.12.2019, p. 64.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/253 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/253

---

P9_TA(2021)0234

European Solidarity Corps Programme ***II

European Parliament legislative resolution of 18 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the European Solidarity Corps Programme and repealing Regulations (EU) 2018/1475 and (EU) No 375/2014 (14153/1/2020 — C9-0143/2021 — 2018/0230(COD))

(Ordinary legislative procedure: second reading)

(2022/C 15/40)

The European Parliament,

| — | having regard to the Council position at first reading (14153/1/2020 — C9-0143/2021), |
| --- | --- |

—

having regard to the Council position at first reading (14153/1/2020 — C9-0143/2021),

| — | having regard to the opinion of the European Economic and Social Committee of 17 October 2018 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 17 October 2018 (1),

| — | having regard to the opinion of the Committee of the Regions of 6 December 2018 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 6 December 2018 (2),

| — | having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2018)0440), |
| --- | --- |

—

having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2018)0440),

| — | having regard to Article 294(7) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

| — | having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure,

| — | having regard to Rule 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Culture and Education (A9-0156/2021), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Culture and Education (A9-0156/2021),

| 1. | Approves the Council position at first reading; |
| --- | --- |

1.

| 2. | Takes note of the Commission statement annexed to this resolution; |
| --- | --- |

2.

| 3. | Notes that the act is adopted in accordance with the Council position; |
| --- | --- |

3.

| 4. | Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union; |
| --- | --- |

4.

| 5. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

5.

| 6. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

6.

---

(1)  OJ C 62, 15.2.2019, p. 201.

(2)  OJ C 86, 7.3.2019, p. 282.

(3)  OJ C 23, 21.1.2021, p. 218.

---

ANNEX TO THE LEGISLATIVE RESOLUTION

Statement by the European Commission on the number of local actors that apply the knowledge, the principles and the approaches learnt through the humanitarian activities in which the volunteer and the experts have participated

The European Commission takes note of the proposal of the European Parliament to consider ‘the number of local actors that apply the knowledge, the principles and the approaches learnt through the humanitarian activities in which the volunteer and the experts have participated’ when supplementing the Regulation with provisions on the establishment of a monitoring and evaluation framework.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/255 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/255

---

P9_TA(2021)0235

Erasmus+: the Union Programme for education and training, youth and sport ***II

European Parliament legislative resolution of 18 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing Erasmus+: the Union Programme for education and training, youth and sport and repealing Regulation (EU) No 1288/2013 (14148/1/2020 — C9-0135/2021 — 2018/0191(COD))

(Ordinary legislative procedure: second reading)

(2022/C 15/41)

The European Parliament,

| — | having regard to the Council position at first reading (14148/1/2020 — C9-0135/2021), |
| --- | --- |

—

having regard to the Council position at first reading (14148/1/2020 — C9-0135/2021),

| — | having regard to the opinion of the European Economic and Social Committee of 17 October 2018 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 17 October 2018 (1),

| — | having regard to the opinion of the Committee of the Regions of 6 February 2019 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 6 February 2019 (2),

| — | having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2018)0367), |
| --- | --- |

—

having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2018)0367),

| — | having regard to Article 294(7) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

| — | having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure,

| — | having regard to Rule 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Culture and Education (A9-0159/2021), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Culture and Education (A9-0159/2021),

| 1. | Approves the Council position at first reading; |
| --- | --- |

1.

| 2. | Takes note of the Commission statement annexed to this resolution, which will be published in the C series of the Official Journal of the European Union; |
| --- | --- |

2.

| 3. | Notes that the act is adopted in accordance with the Council position; |
| --- | --- |

3.

| 4. | Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union; |
| --- | --- |

4.

| 5. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication, together with the Commission statement thereon, in the Official Journal of the European Union; |
| --- | --- |

5.

| 6. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

6.

---

(1)  OJ C 62, 15.2.2019, p. 194.

(2)  OJ C 168, 16.5.2019, p. 49.

(3)  OJ C 108, 26.3.2021, p. 965.

---

ANNEX TO THE LEGISLATIVE RESOLUTION

Statement by the European Commission on the specific allocations for the platforms of Centres of vocational excellence

Without prejudice to the powers of the legislative and budgetary authority, the Commission commits to allocating an indicative amount of EUR 400 million in current prices to support platforms of Centres for vocational excellence over the whole duration of the programme, provided that the interim evaluation of the programme confirms a positive assessment of the results of the action.

---

Wednesday 19 May 2021

| 12.1.2022 | EN | Official Journal of the European Union | C 15/257 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/257

---

P9_TA(2021)0237

Research Fund for Coal and Steel *

European Parliament legislative resolution of 19 May 2021 on the proposal for a Council decision amending Decision 2008/376/EC on the adoption of the Research Programme of the Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme (COM(2020)0320 — C9-0214/2020 — 2020/0141(NLE))

(Consultation)

(2022/C 15/42)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2020)0320), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2020)0320),

| — | having regard to the second paragraph of Article 2 of Protocol No 37 on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0214/2020), |
| --- | --- |

—

having regard to the second paragraph of Article 2 of Protocol No 37 on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0214/2020),

| — | having regard to Rule 82 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 82 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy (A9-0102/2021), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy (A9-0102/2021),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

| 2. | Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community; |
| --- | --- |

2.

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

| 4. | Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal; |
| --- | --- |

4.

| 5. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

5.

Amendment 1

Proposal for a decision

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | On 5 October 2016, the Union ratified the Paris Agreement (28). This international agreement invites parties who have ratified it to strengthen the global response to the threat of climate change
  limiting
  global temperature
  rise
  to well below 2 degrees. |

Text proposed by the Commission

Amendment

(1)

On 5 October 2016, the Union ratified the Paris Agreement (28). This international agreement invites parties who have ratified it to strengthen the global response to the threat of climate change
  limiting
  global temperature
  rise
  to well below 2 degrees.

| (1) | On 5 October 2016, the Union ratified the Paris Agreement
  , adopted under the United Nations Framework Convention on Climate Change

   (28)

  , which entered into force on 4 November 2016
  . This international agreement invites parties who have ratified it to strengthen the global response to the threat of climate change
  holding the increase in the
  global temperature to well below 2 degrees
  and pursuing efforts to limit the temperature increase to 1,5  oC above pre-industrial levels

   (28a). |
| --- | --- |

(1)

On 5 October 2016, the Union ratified the Paris Agreement
  , adopted under the United Nations Framework Convention on Climate Change

   (28)

  , which entered into force on 4 November 2016
  . This international agreement invites parties who have ratified it to strengthen the global response to the threat of climate change
  holding the increase in the
  global temperature to well below 2 degrees
  and pursuing efforts to limit the temperature increase to 1,5  oC above pre-industrial levels

   (28a).

Amendment 2

Proposal for a decision

Recital 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | It is necessary therefore to align the RFCS Research Programme objectives with international agreements, such as the Paris Agreement,
  as well as
  with the scientific, technological and political objectives of the Union on climate neutrality by 2050. |

Text proposed by the Commission

Amendment

(6)

It is necessary therefore to align the RFCS Research Programme objectives with international agreements, such as the Paris Agreement,
  as well as
  with the scientific, technological and political objectives of the Union on climate neutrality by 2050.

| (6) | It is necessary therefore to align the RFCS Research Programme objectives with international agreements, such as the Paris Agreement, with the
  best available
  scientific
  evidence
  ,
  in particular the findings reported by the Intergovernmental Panel on Climate Change, as well as the
  technological and political objectives of the Union on climate neutrality by 2050. |
| --- | --- |

(6)

It is necessary therefore to align the RFCS Research Programme objectives with international agreements, such as the Paris Agreement, with the
  best available
  scientific
  evidence
  ,
  in particular the findings reported by the Intergovernmental Panel on Climate Change, as well as the
  technological and political objectives of the Union on climate neutrality by 2050.

Amendment 3

Proposal for a decision

Recital 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (6a) | The Research Programme should pay particular attention to research on raw materials deriving from coal wastes given their high potential for developing highly advanced products in strategic value chains, such as battery anodes or carbon fibres, and in the chemistry industry. |

Text proposed by the Commission

Amendment

(6a)

The Research Programme should pay particular attention to research on raw materials deriving from coal wastes given their high potential for developing highly advanced products in strategic value chains, such as battery anodes or carbon fibres, and in the chemistry industry.

Amendment 4

Proposal for a decision

Article 1 — point 1

Decision 2008/376/EC

Article 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Research Programme shall provide support for collaborative research in the coal and steel sectors. The Research Programme shall also provide support for clean steel breakthrough technologies leading to near zero-carbon steel making projects
  and
  research projects for managing the just transition of formerly operating coal mines or coal mines in the process of closure and related infrastructure in line with the Just Transition Mechanism and in compliance with Article 4(2) of Council Decision 2003/76/EC. The Research Programme shall be consistent with the political, scientific, and technological objectives of the Union, and shall complement the activities carried out in the Member States and within the existing
  EU
  research programmes, in particular the framework programme for research
  , technological development and demonstration activities
  (hereinafter referred to as ‘the Research Framework Programme’). | The Research Programme shall provide support
  to all relevant stakeholders, including to small and medium-sized enterprises,
  for collaborative research in the coal and steel sectors. The Research Programme shall also provide support for clean steel breakthrough technologies leading to near zero-carbon steel making projects
  as well as
  research projects
  , including large industrial research projects,
  for managing the just transition of formerly operating coal mines or coal mines in the process of closure and related infrastructure in line with the Just Transition Mechanism and in compliance with Article 4(2) of Council Decision 2003/76/EC. The Research Programme shall be consistent with the political,
  social, economic, climate, environmental,
  scientific, and technological objectives of the Union, and shall complement the activities carried out in the Member States and within the existing
  Union
  research programmes, in particular
  Horizon Europe -
  the
  Framework Programme for Research and Innovation
  (hereinafter referred to as ‘the Research Framework Programme’).
  The Research Programme shall in particular be consistent with the Paris Agreement. |

Text proposed by the Commission

Amendment

The Research Programme shall provide support for collaborative research in the coal and steel sectors. The Research Programme shall also provide support for clean steel breakthrough technologies leading to near zero-carbon steel making projects
  and
  research projects for managing the just transition of formerly operating coal mines or coal mines in the process of closure and related infrastructure in line with the Just Transition Mechanism and in compliance with Article 4(2) of Council Decision 2003/76/EC. The Research Programme shall be consistent with the political, scientific, and technological objectives of the Union, and shall complement the activities carried out in the Member States and within the existing
  EU
  research programmes, in particular the framework programme for research
  , technological development and demonstration activities
  (hereinafter referred to as ‘the Research Framework Programme’).

The Research Programme shall provide support
  to all relevant stakeholders, including to small and medium-sized enterprises,
  for collaborative research in the coal and steel sectors. The Research Programme shall also provide support for clean steel breakthrough technologies leading to near zero-carbon steel making projects
  as well as
  research projects
  , including large industrial research projects,
  for managing the just transition of formerly operating coal mines or coal mines in the process of closure and related infrastructure in line with the Just Transition Mechanism and in compliance with Article 4(2) of Council Decision 2003/76/EC. The Research Programme shall be consistent with the political,
  social, economic, climate, environmental,
  scientific, and technological objectives of the Union, and shall complement the activities carried out in the Member States and within the existing
  Union
  research programmes, in particular
  Horizon Europe -
  the
  Framework Programme for Research and Innovation
  (hereinafter referred to as ‘the Research Framework Programme’).
  The Research Programme shall in particular be consistent with the Paris Agreement.

Amendment 5

Proposal for a decision

Article 1 — point 1

Decision 2008/376/EC

Article 2 — subparagraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The Research Programme shall support research activities, including demonstration projects, bringing technologies closer to the market aimed at the objectives defined for coal in Section 3 and for steel in Section 4. |

Text proposed by the Commission

Amendment

The Research Programme shall support research activities, including demonstration projects, bringing technologies closer to the market aimed at the objectives defined for coal in Section 3 and for steel in Section 4.

Amendment 6

Proposal for a decision

Article 1 — point 2

Decision 2008/376/EC

Article 4 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Research projects shall support the transition towards a climate-neutral Union economy by 2050, with the objective to support the phasing out of fossil fuels, to develop alternative activities on former mine sites and avoid or restore environmental damage of coal mines in the process of closure, formerly operating coal mines and their surroundings. Projects shall in particular focus on: | 1.   Research projects shall
  contribute to the achievement of the Union 2030 climate targets and
  support
  industry in the process of
  the transition towards a climate-neutral Union economy by 2050, with the objective to support the phasing out of fossil fuels, to develop alternative activities on former mine
  or coal power plant
  sites and avoid or restore environmental damage of coal mines in the process of closure, formerly operating coal mines and their surroundings.
  Without prejudice to Article 191 of the Treaty on the Functioning of the European Union,
  projects shall in particular focus on: |

Text proposed by the Commission

Amendment

1.   Research projects shall support the transition towards a climate-neutral Union economy by 2050, with the objective to support the phasing out of fossil fuels, to develop alternative activities on former mine sites and avoid or restore environmental damage of coal mines in the process of closure, formerly operating coal mines and their surroundings. Projects shall in particular focus on:

1.   Research projects shall
  contribute to the achievement of the Union 2030 climate targets and
  support
  industry in the process of
  the transition towards a climate-neutral Union economy by 2050, with the objective to support the phasing out of fossil fuels, to develop alternative activities on former mine
  or coal power plant
  sites and avoid or restore environmental damage of coal mines in the process of closure, formerly operating coal mines and their surroundings.
  Without prejudice to Article 191 of the Treaty on the Functioning of the European Union,
  projects shall in particular focus on:

Amendment 7

Amendment 7

Proposal for a decision

Proposal for a decision

Article 1 — point 2

Article 1 — point 2

Decision 2008/376/EC

Article 4 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | development and testing of carbon dioxide capture, use and storage technologies; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

development and testing of carbon dioxide capture, use and storage technologies;

| (a) | development and testing of carbon dioxide capture, use and storage technologies
  related to coal use, including carbon recycling in fuels and materials, with a view to promoting the circular economy
  ; |
| --- | --- |

(a)

development and testing of carbon dioxide capture, use and storage technologies
  related to coal use, including carbon recycling in fuels and materials, with a view to promoting the circular economy
  ;

related to coal use, including carbon recycling in fuels and materials, with a view to promoting the circular economy

Amendment 8

Amendment 8

Proposal for a decision

Proposal for a decision

Article 1 — point 2

Article 1 — point 2

Decision 2008/376/EC

Article 4 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | use of geothermal
  energy
  on
  former coal sites; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

use of geothermal
  energy
  on
  former coal sites;

use of geothermal

on

| (b) | development of clean
  energy
  in
  former coal sites,
  paying particular attention to energy efficiency and security of supply, including the exploitation of geothermal resources, energy storage, e-fuels, and hydrogen from renewable sources
  ; |
| --- | --- |

(b)

development of clean
  energy
  in
  former coal sites,
  paying particular attention to energy efficiency and security of supply, including the exploitation of geothermal resources, energy storage, e-fuels, and hydrogen from renewable sources
  ;

development of clean

in

paying particular attention to energy efficiency and security of supply, including the exploitation of geothermal resources, energy storage, e-fuels, and hydrogen from renewable sources

Amendment 9

Amendment 9

Proposal for a decision

Proposal for a decision

Article 1 — point 2

Article 1 — point 2

Decision 2008/376/EC

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | conversion of coal heating and cooling infrastructure, such as district heating and cooling networks and industrial processes, to renewable heating and cooling alternatives such as geothermal energy; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

conversion of coal heating and cooling infrastructure, such as district heating and cooling networks and industrial processes, to renewable heating and cooling alternatives such as geothermal energy;

conversion of coal heating and cooling infrastructure, such as district heating and cooling networks and industrial processes, to renewable heating and cooling alternatives such as geothermal energy;

Amendment 10

Amendment 10

Proposal for a decision

Proposal for a decision

Article 1 — point 2

Article 1 — point 2

Decision 2008/376/EC

Article 4 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | non-energetic uses and the production of raw materials from mining wastes and residues from formerly operating coal mines or
  those in the closure
  process, duly assessing that their climate, environmental and health impact is minimised and lower than alternative solutions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

non-energetic uses and the production of raw materials from mining wastes and residues from formerly operating coal mines or
  those in the closure
  process, duly assessing that their climate, environmental and health impact is minimised and lower than alternative solutions;

those in the closure

| (c) | non-energetic uses and
  on
  the production of raw materials from mining wastes and residues
  derived
  from formerly operating coal mines or
  from mines in
  process
  of closure
  , duly assessing that their climate, environmental and health impact is minimised and lower than alternative solutions
  in line with the circular economy approach
  ; |
| --- | --- |

(c)

non-energetic uses and
  on
  the production of raw materials from mining wastes and residues
  derived
  from formerly operating coal mines or
  from mines in
  process
  of closure
  , duly assessing that their climate, environmental and health impact is minimised and lower than alternative solutions
  in line with the circular economy approach
  ;

on

derived

from mines in

of closure

in line with the circular economy approach

Amendment 11

Amendment 11

Proposal for a decision

Proposal for a decision

Article 1 — point 2

Article 1 — point 2

Decision 2008/376/EC

Article 4 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | promoting the development of efficient re-skilling and up-skilling programmes for labour affected
  by a coal phase out
  . This includes research on training and re-skilling of labour force employed or previously employed in the coal sector. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

promoting the development of efficient re-skilling and up-skilling programmes for labour affected
  by a coal phase out
  . This includes research on training and re-skilling of labour force employed or previously employed in the coal sector.

by a coal phase out

| (e) | assessing the impact on employment in local communities and regions affected by the phasing out of coal and
  promoting the development of
  a regional concept for economic development, job creation and
  efficient re-skilling and up-skilling programmes for labour affected
  in those regions
  . This includes research on training and re-skilling of labour force employed or previously employed in the coal sector
  in support of coal regions in transition
  . |
| --- | --- |

(e)

assessing the impact on employment in local communities and regions affected by the phasing out of coal and
  promoting the development of
  a regional concept for economic development, job creation and
  efficient re-skilling and up-skilling programmes for labour affected
  in those regions
  . This includes research on training and re-skilling of labour force employed or previously employed in the coal sector
  in support of coal regions in transition
  .

assessing the impact on employment in local communities and regions affected by the phasing out of coal and

a regional concept for economic development, job creation and

in those regions

in support of coal regions in transition

Amendment 12

Amendment 12

Proposal for a decision

Proposal for a decision

Article 1 — point 3

Article 1 — point 3

Decision 2008/376/EC

Article 5 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Research projects shall focus on diseases related to mining activities with the aim of improving the health of people living in coal regions in transition. Research projects shall also ensure protective measures during the closure of mines and in formerly operating mines. | Research projects shall focus on diseases related to mining activities
  , with a special emphasis on air pollution induced diseases,
  with the aim of improving the health of people living in coal regions in transition. Research projects shall also ensure protective measures during the closure of mines and in formerly operating mines. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Research projects shall focus on diseases related to mining activities with the aim of improving the health of people living in coal regions in transition. Research projects shall also ensure protective measures during the closure of mines and in formerly operating mines.

Research projects shall focus on diseases related to mining activities
  , with a special emphasis on air pollution induced diseases,
  with the aim of improving the health of people living in coal regions in transition. Research projects shall also ensure protective measures during the closure of mines and in formerly operating mines.

, with a special emphasis on air pollution induced diseases,

Amendment 13

Amendment 13

Proposal for a decision

Proposal for a decision

Article 1 — point 4

Article 1 — point 4

Decision 2008/376/EC

Article 6 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Minimising the environmental impacts of
  coal mines
  in transition | Preventing and
  minimising the environmental impacts of
  the coal sector
  in transition |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Minimising the environmental impacts of
  coal mines
  in transition

coal mines

Preventing and
  minimising the environmental impacts of
  the coal sector
  in transition

Preventing and

the coal sector

Amendment 14

Amendment 14

Proposal for a decision

Proposal for a decision

Article 1 — point 4

Article 1 — point 4

Decision 2008/376/EC

Article 6 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Preference shall be given to projects that envisage one or more of the following: | 2.   Preference shall be given to projects
  based on innovative technologies or the innovative connection of technologies
  that envisage one or more of the following: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Preference shall be given to projects that envisage one or more of the following:

2.   Preference shall be given to projects
  based on innovative technologies or the innovative connection of technologies
  that envisage one or more of the following:

Amendment 15

Amendment 15

Proposal for a decision

Proposal for a decision

Article 1 — point 4

Article 1 — point 4

Decision 2008/376/EC

Article 6 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | managing and re-using mining waste, fly ash and desulphurisation products from coal mines in the process of closure and formerly operating coal mines, accompanied, where relevant, by other forms of waste; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

managing and re-using mining waste, fly ash and desulphurisation products from coal mines in the process of closure and formerly operating coal mines, accompanied, where relevant, by other forms of waste;

| (c) | managing and re-using mining waste, fly ash and desulphurisation products from coal mines
  and coal power plants
  in the process of closure and formerly operating coal mines
  and coal power plants
  , accompanied, where relevant, by other forms of waste; |
| --- | --- |

(c)

managing and re-using mining waste, fly ash and desulphurisation products from coal mines
  and coal power plants
  in the process of closure and formerly operating coal mines
  and coal power plants
  , accompanied, where relevant, by other forms of waste;

and coal power plants

and coal power plants

Amendment 16

Amendment 16

Proposal for a decision

Proposal for a decision

Article 1 — point 4

Article 1 — point 4

Decision 2008/376/EC

Article 6 — paragraph 2 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | restoring the environment of former installations or installations that are in the process of closure
  that used coal
  , and their surroundings, notably water, land, soils and biodiversity; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

restoring the environment of former installations or installations that are in the process of closure
  that used coal
  , and their surroundings, notably water, land, soils and biodiversity;

that used coal

| (f) | restoring the environment of former
  coal-related
  installations or
  coal-related
  installations that are in the process of closure, and their surroundings, notably water, land, soils and biodiversity; |
| --- | --- |

(f)

restoring the environment of former
  coal-related
  installations or
  coal-related
  installations that are in the process of closure, and their surroundings, notably water, land, soils and biodiversity;

coal-related

coal-related

Amendment 17

Amendment 17

Proposal for a decision

Proposal for a decision

Article 1 — point 4

Article 1 — point 4

Decision 2008/376/EC

Article 6 — paragraph 2 — point g a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ga) | developing a regional concept for diversification of economic activities for local development and the creation of green and quality jobs with an adapted transformation of the employment structure and skills adjustment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ga)

(ga)

developing a regional concept for diversification of economic activities for local development and the creation of green and quality jobs with an adapted transformation of the employment structure and skills adjustment.

developing a regional concept for diversification of economic activities for local development and the creation of green and quality jobs with an adapted transformation of the employment structure and skills adjustment.

Amendment 18

Amendment 18

Proposal for a decision

Proposal for a decision

Article 1 — point 6

Article 1 — point 6

Decision 2008/376/EC

Article 8 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| Research and technological development (RTD) shall aim to develop, demonstrate and improve near zero-carbon steel production processes with a view to raising product quality and increasing productivity. Substantially reducing emissions, energy consumption, the carbon footprint and other environmental impacts as well as conserving resources, shall form an integral part of the activities sought. Research projects shall address one or more of the following areas: | Research and technological development (RTD) shall aim to develop, demonstrate and improve near zero-carbon steel production processes with a view to raising product quality and increasing productivity
  , in close synergy with companies operating in the sector
  . Substantially reducing emissions, energy consumption, the carbon footprint and other environmental impacts
  , through objectively verifiable tools, parameters and data,
  as well as conserving resources, shall form an integral part of the activities sought. Research projects shall address one or more of the following areas: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Research and technological development (RTD) shall aim to develop, demonstrate and improve near zero-carbon steel production processes with a view to raising product quality and increasing productivity. Substantially reducing emissions, energy consumption, the carbon footprint and other environmental impacts as well as conserving resources, shall form an integral part of the activities sought. Research projects shall address one or more of the following areas:

Research and technological development (RTD) shall aim to develop, demonstrate and improve near zero-carbon steel production processes with a view to raising product quality and increasing productivity
  , in close synergy with companies operating in the sector
  . Substantially reducing emissions, energy consumption, the carbon footprint and other environmental impacts
  , through objectively verifiable tools, parameters and data,
  as well as conserving resources, shall form an integral part of the activities sought. Research projects shall address one or more of the following areas:

, in close synergy with companies operating in the sector

, through objectively verifiable tools, parameters and data,

Amendment 19

Amendment 19

Proposal for a decision

Proposal for a decision

Article 1 — point 6

Article 1 — point 6

Decision 2008/376/EC

Article 8 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | innovative technologies and solutions for the iron- and steel making processes
  promoting cross-sector
  activities, demonstration projects integrating zero-carbon energy production or contributing to a clean hydrogen economy. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g)

innovative technologies and solutions for the iron- and steel making processes
  promoting cross-sector
  activities, demonstration projects integrating zero-carbon energy production or contributing to a clean hydrogen economy.

promoting cross-sector

| (g) | innovative technologies and solutions for the iron- and steel making processes
  facilitating cross-sectoral
  activities,
  synergies, industrial clustering and symbiosis, to enable increased circularity,
  demonstration projects integrating zero-carbon energy production or contributing to a clean hydrogen economy. |
| --- | --- |

(g)

innovative technologies and solutions for the iron- and steel making processes
  facilitating cross-sectoral
  activities,
  synergies, industrial clustering and symbiosis, to enable increased circularity,
  demonstration projects integrating zero-carbon energy production or contributing to a clean hydrogen economy.

facilitating cross-sectoral

synergies, industrial clustering and symbiosis, to enable increased circularity,

Amendment 20

Amendment 20

Proposal for a decision

Proposal for a decision

Article 1 — point 7

Article 1 — point 7

Decision 2008/376/EC

Article 9 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | improvement of steel properties such as mechanical and physical properties, suitability for further processing, suitability for various applications and various working conditions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

improvement of steel properties such as mechanical and physical properties, suitability for further processing, suitability for various applications and various working conditions;

| (b) | improvement of steel properties such as mechanical and physical properties, suitability for further processing, suitability for various applications and various working conditions
  , with special attention to recycled steel
  ; |
| --- | --- |

(b)

improvement of steel properties such as mechanical and physical properties, suitability for further processing, suitability for various applications and various working conditions
  , with special attention to recycled steel
  ;

, with special attention to recycled steel

Amendment 21

Amendment 21

Proposal for a decision

Proposal for a decision

Article 1 — point 7

Article 1 — point 7

Decision 2008/376/EC

Article 9 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | prolonging service life, in particular by improving the resistance of steels, steel structures to heat and corrosion, mechanical and thermal fatigue and/or other deteriorating effects; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

prolonging service life, in particular by improving the resistance of steels, steel structures to heat and corrosion, mechanical and thermal fatigue and/or other deteriorating effects;

| (c) | prolonging service life
  , enabling design for circularity, including modularity, and material efficiency
  , in particular by improving the resistance of steels, steel structures to heat and corrosion, mechanical and thermal fatigue and/or other deteriorating effects; |
| --- | --- |

(c)

prolonging service life
  , enabling design for circularity, including modularity, and material efficiency
  , in particular by improving the resistance of steels, steel structures to heat and corrosion, mechanical and thermal fatigue and/or other deteriorating effects;

, enabling design for circularity, including modularity, and material efficiency

Amendment 22

Amendment 22

Proposal for a decision

Proposal for a decision

Article 1 — point 7

Article 1 — point 7

Decision 2008/376/EC

Article 9 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | high-performance steels for applications like mobility, including sustainability, eco-design methods, retrofitting, lightweight design and/or safety
  solutions
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g)

high-performance steels for applications like mobility, including sustainability, eco-design methods, retrofitting, lightweight design and/or safety
  solutions
  .

solutions

| (g) | high-performance steels for applications like mobility, including sustainability, eco-design methods, retrofitting, lightweight design and/or safety
  solution, such as high-strength steels
  . |
| --- | --- |

(g)

high-performance steels for applications like mobility, including sustainability, eco-design methods, retrofitting, lightweight design and/or safety
  solution, such as high-strength steels
  .

solution, such as high-strength steels

Amendment 23

Amendment 23

Proposal for a decision

Proposal for a decision

Article 1 — point 8

Article 1 — point 8

Decision 2008/376/EC

Article 10 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | techniques for recycling obsolete steel and by-product from various sources and improvement of the quality of steel scrap; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

techniques for recycling obsolete steel and by-product from various sources and improvement of the quality of steel scrap;

| (a) | techniques for recycling
  and upcycling of
  obsolete steel and by-product from various sources and improvement of the quality of steel scrap
  , with special attention to avoiding downgrading of steel quality due to contamination with other metals, such as copper
  ; |
| --- | --- |

(a)

techniques for recycling
  and upcycling of
  obsolete steel and by-product from various sources and improvement of the quality of steel scrap
  , with special attention to avoiding downgrading of steel quality due to contamination with other metals, such as copper
  ;

and upcycling of

, with special attention to avoiding downgrading of steel quality due to contamination with other metals, such as copper

Amendment 24

Amendment 24

Proposal for a decision

Proposal for a decision

Article 1 — point 8

Article 1 — point 8

Decision 2008/376/EC

Article 10 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | treatment of waste and recovery of valuable secondary raw materials, including slags, inside and outside the steel plant; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

treatment of waste and recovery of valuable secondary raw materials, including slags, inside and outside the steel plant;

| (b) | treatment of waste and recovery of valuable secondary raw materials, including slags, inside and outside the steel plant
  , as well as re-use of secondary raw materials, residues and by-products from other industries, such as biomass, for steel making and alloying
  ; |
| --- | --- |

(b)

treatment of waste and recovery of valuable secondary raw materials, including slags, inside and outside the steel plant
  , as well as re-use of secondary raw materials, residues and by-products from other industries, such as biomass, for steel making and alloying
  ;

, as well as re-use of secondary raw materials, residues and by-products from other industries, such as biomass, for steel making and alloying

Amendment 25

Amendment 25

Proposal for a decision

Proposal for a decision

Article 1 — point 8

Article 1 — point 8

Decision 2008/376/EC

Article 10 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | design of steel grades and assembled structures to facilitate the easy recovery
  of steel for
  recycling
  or re-use
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

design of steel grades and assembled structures to facilitate the easy recovery
  of steel for
  recycling
  or re-use
  ;

of steel for

or re-use

| (d) | design of steel grades and assembled structures to facilitate
  improved scrap handling and disassembly at end of life, to enable
  the easy recovery
  , re-use and
  recycling
  of steel and other materials
  ; |
| --- | --- |

(d)

design of steel grades and assembled structures to facilitate
  improved scrap handling and disassembly at end of life, to enable
  the easy recovery
  , re-use and
  recycling
  of steel and other materials
  ;

improved scrap handling and disassembly at end of life, to enable

, re-use and

of steel and other materials

Amendment 26

Amendment 26

Proposal for a decision

Proposal for a decision

Article 1 — point 9

Article 1 — point 9

Decision 2008/376/EC

Article 10a — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | improving workforce management with predictive models for workforce demand and reallocation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

improving workforce management with predictive models for workforce demand and reallocation.

improving workforce management with predictive models for workforce demand and reallocation.

---

(28)  
  Multilateral Treaty, Chapter XXVII Environment, 7.d Paris Agreement. Entered into force on 4 November 2016
  .

28

Multilateral Treaty, Chapter XXVII Environment, 7.d Paris Agreement. Entered into force on 4 November 2016

(28)  

  OJ L 282, 19.10.2016, p. 4

  .

28

OJ L 282, 19.10.2016, p. 4

(28a)  
  Article 2(1)(a) of the Paris Agreement.

28a

Article 2(1)(a) of the Paris Agreement.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/267 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/267

---

P9_TA(2021)0239

Creative Europe Programme ***II

European Parliament legislative resolution of 19 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the Creative Europe Programme (2021 to 2027) and repealing Regulation (EU) No 1295/2013 (14146/1/2020 — C9-0134/2021 — 2018/0190(COD))

(Ordinary legislative procedure: second reading)

(2022/C 15/43)

The European Parliament,

| — | having regard to the Council position at first reading (14146/1/2020 — C9-0134/2021), |
| --- | --- |

—

having regard to the Council position at first reading (14146/1/2020 — C9-0134/2021),

| — | having regard to the opinion of the European Economic and Social Committee of 12 December 2018 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 12 December 2018 (1),

| — | having regard to the opinion of the Committee of the Regions of 6 February 2019 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 6 February 2019 (2),

| — | having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2018)0366), |
| --- | --- |

—

having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2018)0366),

| — | having regard to Article 294(7) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

| — | having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure,

| — | having regard to Rule 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Culture and Education (A9-0161/2021), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Culture and Education (A9-0161/2021),

| 1. | Approves the Council position at first reading; |
| --- | --- |

1.

| 2. | Takes note of the Commission statements annexed to this resolution; |
| --- | --- |

2.

| 3. | Notes that the act is adopted in accordance with the Council position; |
| --- | --- |

3.

| 4. | Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union; |
| --- | --- |

4.

| 5. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

5.

| 6. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

6.

---

(1)  OJ C 110, 22.3.2019, p. 87.

(2)  OJ C 168, 16.5.2019, p. 37.

(3)  OJ C 108, 26.3.2021, p. 934.

---

ANNEX TO THE LEGISLATIVE RESOLUTION

Statements by the Commission

In the context of recital 23 and Annex I, Article 1, special actions e) as well as Article 7(5) of the above mentioned Regulation, as agreed by co-legislators on 14 December 2020, the European Commission confirms its intention to launch calls for proposals inviting applications for multi-annual operating grants to which the European Union Youth Orchestra and other entities could apply and which would provide the necessary stability for the functioning of these entities’ need. These calls will be subject to the adoption of work programmes, which will set out exact conditions, such as the timing of calls or the duration of grant agreements foreseen. The Commission further confirms its intention to launch the first of such calls in the 2021 annual work programme. This intention is subject to the adoption of the above-mentioned regulation and final agreement on the Union budget for 2021.

The Commission regrets that the co-legislators decided to maintain the MEDIA logo. This runs counter to the horizontal approach of not having programme-specific logos under the future long-term budget. The Commission’s intention is to make sure that Europeans can relate to the Union as a whole thanks to the use of the single European emblem by its different programmes. This emblem is common to all EU Institutions and will be an important part of the simple, coherent and binding communication and visibility requirements across programmes. For the sake of reaching overall agreement on the programme, the Commission can accept to maintain the MEDIA logo under the condition that it remains limited to the duration of the concerned programming period.

The Commission remains convinced that communication and visibility of EU action towards a broad public is more effective without any programme-specific logos. The Commission remains at the co-legislators’ disposal to demonstrate this well ahead of the negotiations of the subsequent programming period.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/269 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/269

---

P9_TA(2021)0246

European Cybersecurity Competence Centre ***II

European Parliament legislative resolution of 19 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the European Cybersecurity Industrial, Technology and Research Competence Centre and the Network of National Coordination Centres (05628/2/2021 — C9-0152/2021 — 2018/0328(COD))

(Ordinary legislative procedure: second reading)

(2022/C 15/44)

The European Parliament,

| — | having regard to the Council position at first reading (05628/2/2021 — C9-0152/2021), |
| --- | --- |

—

having regard to the Council position at first reading (05628/2/2021 — C9-0152/2021),

| — | having regard to the opinion of the European Economic and Social Committee of 23 January 2019 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 23 January 2019 (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2018)0630), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2018)0630),

| — | having regard to Article 294(7) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

| — | having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure,

| — | having regard to Rule 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Industry, Research and Energy (A9-0166/2021), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Industry, Research and Energy (A9-0166/2021),

| 1. | Approves the Council position at first reading; |
| --- | --- |

1.

| 2. | Notes that the act is adopted in accordance with the Council position; |
| --- | --- |

2.

| 3. | Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union; |
| --- | --- |

3.

| 4. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

4.

| 5. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

5.

---

(1)  OJ C 159, 10.5.2019, p. 63.

(2)  OJ C 158, 30.4.2021, p. 850.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/270 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/270

---

P9_TA(2021)0247

Fiscalis programme for cooperation in the field of taxation 2021-2027 ***II

European Parliament legislative resolution of 19 May 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the ‘Fiscalis’ programme for cooperation in the field of taxation and repealing Regulation (EU) No 1286/2013 (06116/1/2021 — C9-0179/2021 — 2018/0233(COD))

(Ordinary legislative procedure: second reading)

(2022/C 15/45)

The European Parliament,

| — | having regard to the Council position at first reading (06116/1/2021 — C9-0179/2021), |
| --- | --- |

—

having regard to the Council position at first reading (06116/1/2021 — C9-0179/2021),

| — | having regard to the opinion of the European Economic and Social Committee of 17 October 2018 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 17 October 2018 (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2018)0443), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2018)0443),

| — | having regard to Article 294(7) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

| — | having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure,

| — | having regard to Rule 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs (A9-0167/2021), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs (A9-0167/2021),

| 1. | Approves the Council position at first reading; |
| --- | --- |

1.

| 2. | Takes note of the Council statement annexed to this resolution, which is highly appreciated by Parliament and was key in reaching the final agreement; |
| --- | --- |

2.

| 3. | Notes that the act is adopted in accordance with the Council position; |
| --- | --- |

3.

| 4. | Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union; |
| --- | --- |

4.

| 5. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

5.

| 6. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

6.

---

(1)  OJ C 62, 15.2.2019, p. 118.

(2)  OJ C 158, 30.4.2021, p. 459.

---

ANNEX TO THE LEGISLATIVE RESOLUTION

Council statement

The Council notes the interest of the Parliament for more transparency concerning the implementation of EU legislation in the field of fighting against tax fraud, tax evasion and tax avoidance. Within the context of the Treaties’ legal framework ruling interinstitutional relations, the Council recognises the added value of holding annual exchanges of views with the European Parliament and the Commission on the lessons learnt from the Fiscalis Programme, based on the Commission’s annual progress reports.

---

Thursday 20 May 2021

| 12.1.2022 | EN | Official Journal of the European Union | C 15/272 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/272

---

P9_TA(2021)0254

Environment: The Aarhus Regulation ***I

Amendments adopted by the European Parliament on 20 May 2021 on the proposal for a regulation of the European Parliament and of the Council Amending Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (COM(2020)0642 — C9-0321/2020 — 2020/0289(COD)) (1)

(Ordinary legislative procedure: first reading)

(2022/C 15/46)

Amendment 1

Proposal for a regulation

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | Regulation (EC) No 1367/2006 of the European Parliament and of the Council (4) was adopted in order to contribute to the implementation of the obligations arising under the Aarhus Convention by laying down rules on its application to Union institutions and bodies. |

Text proposed by the Commission

Amendment

(2)

Regulation (EC) No 1367/2006 of the European Parliament and of the Council (4) was adopted in order to contribute to the implementation of the obligations arising under the Aarhus Convention by laying down rules on its application to Union institutions and bodies.

| (2) | Regulation (EC) No 1367/2006 of the European Parliament and of the Council (4) was adopted in order to contribute to the implementation of the obligations arising under the Aarhus Convention by laying down rules on its application to Union institutions and bodies.
  This Regulation therefore amends Regulation (EC) No 1367/2006 in order to implement Article 9(3) and 9(4) of the Convention. |
| --- | --- |

(2)

Regulation (EC) No 1367/2006 of the European Parliament and of the Council (4) was adopted in order to contribute to the implementation of the obligations arising under the Aarhus Convention by laying down rules on its application to Union institutions and bodies.
  This Regulation therefore amends Regulation (EC) No 1367/2006 in order to implement Article 9(3) and 9(4) of the Convention.

Amendment 2

Proposal for a regulation

Recital 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | In its
  Communication to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions
  of 11 December 2019
  , entitled ‘
  The European Green Deal’ the Commission committed itself to consider revising Regulation (EC) No 1367/2006 to improve access to administrative and judicial review at Union level for citizens and environmental non-governmental organisations who have concerns about the compatibility with environmental law of
  decisions
  with effects on the environment. The Commission also committed to take action to improve their access to justice before national courts in all Member States; to this end, it issued
  a Communication
  on
  ‘Improving
  access to justice in environmental matters in the EU and its Member States’. |

Text proposed by the Commission

Amendment

(3)

In its
  Communication to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions
  of 11 December 2019
  , entitled ‘
  The European Green Deal’ the Commission committed itself to consider revising Regulation (EC) No 1367/2006 to improve access to administrative and judicial review at Union level for citizens and environmental non-governmental organisations who have concerns about the compatibility with environmental law of
  decisions
  with effects on the environment. The Commission also committed to take action to improve their access to justice before national courts in all Member States; to this end, it issued
  a Communication
  on
  ‘Improving
  access to justice in environmental matters in the EU and its Member States’.

| (3) | In its
  communication
  of 11 December 2019
  on the
  European Green Deal, the Commission committed itself to consider revising Regulation (EC) No 1367/2006 to improve access to administrative and judicial review at Union level for citizens and environmental non-governmental organisations who have
  specific
  concerns about the compatibility with environmental law of
  administrative acts
  with effects on the environment. The Commission also committed to take action to improve their access to justice before national courts in all Member States; to this end, it issued
  its communication of 14 October 2020
  on
  improving
  access to justice in environmental matters in the EU and its Member States
  in which it affirms that ‘access to justice in environmental matters, both via the Court of Justice of the EU (CJEU) and the national courts as Union courts, is an important support measure to help deliver the European Green Deal transition and a way to strengthen the role which civil society can play as watchdog in the democratic space’
  . |
| --- | --- |

(3)

In its
  communication
  of 11 December 2019
  on the
  European Green Deal, the Commission committed itself to consider revising Regulation (EC) No 1367/2006 to improve access to administrative and judicial review at Union level for citizens and environmental non-governmental organisations who have
  specific
  concerns about the compatibility with environmental law of
  administrative acts
  with effects on the environment. The Commission also committed to take action to improve their access to justice before national courts in all Member States; to this end, it issued
  its communication of 14 October 2020
  on
  improving
  access to justice in environmental matters in the EU and its Member States
  in which it affirms that ‘access to justice in environmental matters, both via the Court of Justice of the EU (CJEU) and the national courts as Union courts, is an important support measure to help deliver the European Green Deal transition and a way to strengthen the role which civil society can play as watchdog in the democratic space’
  .

Amendment 3

Proposal for a regulation

Recital 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a) | Article 9(4) of the Aarhus Convention states that court proceedings under the scope of Article 9(3) of that Convention should not be prohibitively expensive. In order to ensure that judicial proceedings under Article 12 of Regulation (EC) No 1367/2006 are not prohibitively expensive

   (1a)

  and foreseeable for the applicant, the Union’s institutions or bodies should make reasonable cost reimbursement requests when they are successful in litigation. |

Text proposed by the Commission

Amendment

(3a)

Article 9(4) of the Aarhus Convention states that court proceedings under the scope of Article 9(3) of that Convention should not be prohibitively expensive. In order to ensure that judicial proceedings under Article 12 of Regulation (EC) No 1367/2006 are not prohibitively expensive

   (1a)

  and foreseeable for the applicant, the Union’s institutions or bodies should make reasonable cost reimbursement requests when they are successful in litigation.

Amendment 4

Proposal for a regulation

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | Taking into account the provisions of Article 9(3) of the Aarhus Convention, as well as
  concerns expressed by
  the Aarhus Convention Compliance Committee (5), Union law should be brought into compliance with the provisions of the Aarhus Convention on access to justice in environmental matters in a way that is compatible with the fundamental principles of Union law and with its system of judicial review. |

Text proposed by the Commission

Amendment

(4)

Taking into account the provisions of Article 9(3) of the Aarhus Convention, as well as
  concerns expressed by
  the Aarhus Convention Compliance Committee (5), Union law should be brought into compliance with the provisions of the Aarhus Convention on access to justice in environmental matters in a way that is compatible with the fundamental principles of Union law and with its system of judicial review.

| (4) | Taking into account the provisions of Article 9(3)
  and (4)
  of the Aarhus Convention as well as
  the advice of
  the Aarhus Convention Compliance Committee (5), Union law should be brought into compliance with the provisions of the Aarhus Convention on access to justice in environmental matters in a way that is compatible with the fundamental principles of Union law,
  including its treaties, and
  with its system of judicial review.
  Regulation (EC) No 1367/2006 should be amended accordingly. |
| --- | --- |

(4)

Taking into account the provisions of Article 9(3)
  and (4)
  of the Aarhus Convention as well as
  the advice of
  the Aarhus Convention Compliance Committee (5), Union law should be brought into compliance with the provisions of the Aarhus Convention on access to justice in environmental matters in a way that is compatible with the fundamental principles of Union law,
  including its treaties, and
  with its system of judicial review.
  Regulation (EC) No 1367/2006 should be amended accordingly.

Amendment 5

Proposal for a regulation

Recital 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4a) | Article 9(3) of the Aarhus Convention provides that, within the framework of its national legislation, each Party is to ensure that members of the public concerned, where they meet the criteria laid down in its national law, have access to judicial or other review procedures to challenge the substantive and procedural legality of any decision, act or omission which contravenes provisions of its national law relating to the environment. The administrative review procedure under the Aarhus Regulation complements the overall Union system of administrative and judicial review that enables members of the public to have administrative acts reviewed via direct judicial challenges at Union level, namely under Article 263(4) TFEU, and, in accordance with Article 267 TFEU, via national courts, which form an integral part of the Union system under the Treaties. |

Text proposed by the Commission

Amendment

(4a)

Article 9(3) of the Aarhus Convention provides that, within the framework of its national legislation, each Party is to ensure that members of the public concerned, where they meet the criteria laid down in its national law, have access to judicial or other review procedures to challenge the substantive and procedural legality of any decision, act or omission which contravenes provisions of its national law relating to the environment. The administrative review procedure under the Aarhus Regulation complements the overall Union system of administrative and judicial review that enables members of the public to have administrative acts reviewed via direct judicial challenges at Union level, namely under Article 263(4) TFEU, and, in accordance with Article 267 TFEU, via national courts, which form an integral part of the Union system under the Treaties.

Amendment 6

Proposal for a regulation

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | The limitation of the internal review provided for in Regulation (EC) No 1367/2006 to administrative acts of individual scope
  is
  the main
  obstacle
  for environmental non-governmental organisations seeking to have recourse to internal review under Article 10 of that Regulation also as regards administrative acts that have a wider scope. It is therefore
  necessary
  to broaden the scope of the internal review procedure laid down in that Regulation to include non-legislative acts of a general scope. |

Text proposed by the Commission

Amendment

(5)

The limitation of the internal review provided for in Regulation (EC) No 1367/2006 to administrative acts of individual scope
  is
  the main
  obstacle
  for environmental non-governmental organisations seeking to have recourse to internal review under Article 10 of that Regulation also as regards administrative acts that have a wider scope. It is therefore
  necessary
  to broaden the scope of the internal review procedure laid down in that Regulation to include non-legislative acts of a general scope.

| (5) | The limitation of the internal review provided for in Regulation (EC) No 1367/2006 to administrative acts of individual scope
  has been
  the main
  ground for non-admissibility
  for environmental non-governmental organisations seeking to have recourse to internal review under Article 10 of that Regulation also as regards administrative acts that have a wider scope. It is therefore
  appropriate
  to broaden the scope of the internal review procedure laid down in that Regulation to include non-legislative acts of a general scope. |
| --- | --- |

(5)

The limitation of the internal review provided for in Regulation (EC) No 1367/2006 to administrative acts of individual scope
  has been
  the main
  ground for non-admissibility
  for environmental non-governmental organisations seeking to have recourse to internal review under Article 10 of that Regulation also as regards administrative acts that have a wider scope. It is therefore
  appropriate
  to broaden the scope of the internal review procedure laid down in that Regulation to include non-legislative acts of a general scope.

Amendment 7

Proposal for a regulation

Recital 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | The definition of an administrative act for the purposes of Regulation (EC) No 1367/2006 should include non-legislative acts. However, a non legislative act might entail implementing measures at national level against which
  environmental non-governmental organisations
  can
  obtain
  judicial protection, including before the Court of Justice of the European Union (CJEU) through a procedure for preliminary ruling under Article 267 TFEU.
  Therefore, it is appropriate to exclude from the scope of the internal review those provisions of such non-legislative acts for which Union law requires implementing measures at national level. |

Text proposed by the Commission

Amendment

(6)

The definition of an administrative act for the purposes of Regulation (EC) No 1367/2006 should include non-legislative acts. However, a non legislative act might entail implementing measures at national level against which
  environmental non-governmental organisations
  can
  obtain
  judicial protection, including before the Court of Justice of the European Union (CJEU) through a procedure for preliminary ruling under Article 267 TFEU.
  Therefore, it is appropriate to exclude from the scope of the internal review those provisions of such non-legislative acts for which Union law requires implementing measures at national level.

| (6) | The definition of an administrative act for the purposes of Regulation (EC) No 1367/2006 should include non-legislative acts. However, a non legislative act might entail implementing measures at national level against which judicial protection can
  be obtained
  , including before the Court of Justice of the European Union (CJEU) through a procedure for preliminary ruling under Article 267 TFEU. |
| --- | --- |

(6)

The definition of an administrative act for the purposes of Regulation (EC) No 1367/2006 should include non-legislative acts. However, a non legislative act might entail implementing measures at national level against which judicial protection can
  be obtained
  , including before the Court of Justice of the European Union (CJEU) through a procedure for preliminary ruling under Article 267 TFEU.

Amendment 8

Proposal for a regulation

Recital 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | In the interest of legal certainty, in order for any provisions to be excluded from the notion of administrative act, Union law must explicitly require the adoption of implementing acts for those provisions. |

Text proposed by the Commission

Amendment

(7)

In the interest of legal certainty, in order for any provisions to be excluded from the notion of administrative act, Union law must explicitly require the adoption of implementing acts for those provisions.

deleted

Amendment 9

Proposal for a regulation

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | The scope of Regulation (EC) No 1367/2006 covers acts adopted under environmental law.
  By contrast,
  Article 9(3) of the Aarhus Convention covers challenges to acts that ‘contravene’ law relating to the environment. Thus, it is necessary to clarify that internal review should be carried out in order to verify whether an administrative act contravenes environmental law. |

Text proposed by the Commission

Amendment

(9)

The scope of Regulation (EC) No 1367/2006 covers acts adopted under environmental law.
  By contrast,
  Article 9(3) of the Aarhus Convention covers challenges to acts that ‘contravene’ law relating to the environment. Thus, it is necessary to clarify that internal review should be carried out in order to verify whether an administrative act contravenes environmental law.

| (9) | The scope of Regulation (EC) No 1367/2006 covers acts adopted under environmental law. Article 9(3) of the Aarhus Convention covers challenges to acts
  or omissions
  that ‘contravene’ law relating to the environment. Thus, it is necessary to clarify
  , in line with the case law of the CJEU,
  that internal review should be carried out in order to verify whether an administrative act contravenes environmental law
  within the meaning of point (f) of Article 2(1)
  . |
| --- | --- |

(9)

The scope of Regulation (EC) No 1367/2006 covers acts adopted under environmental law. Article 9(3) of the Aarhus Convention covers challenges to acts
  or omissions
  that ‘contravene’ law relating to the environment. Thus, it is necessary to clarify
  , in line with the case law of the CJEU,
  that internal review should be carried out in order to verify whether an administrative act contravenes environmental law
  within the meaning of point (f) of Article 2(1)
  .

Amendment 10

Proposal for a regulation

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | When assessing whether an administrative act contains provisions which may
  , because of their effects,
  contravene
  environmental
  law, it is necessary to consider whether such provisions may have an adverse effect on the attainment of the objectives of Union policy on the environment set out in Article 191 TFEU.
  As a result
  , the internal review mechanism should also cover acts that have been adopted in the implementation of policies other than Union policy on the environment. |

Text proposed by the Commission

Amendment

(10)

When assessing whether an administrative act contains provisions which may
  , because of their effects,
  contravene
  environmental
  law, it is necessary to consider whether such provisions may have an adverse effect on the attainment of the objectives of Union policy on the environment set out in Article 191 TFEU.
  As a result
  , the internal review mechanism should also cover acts that have been adopted in the implementation of policies other than Union policy on the environment.

| (10) | When assessing whether an administrative act contains provisions which may contravene law
  relating to the environment within the meaning of point (f) of Article 2(1)
  , it is necessary to consider
  in accordance with the case law of the CJEU
  whether such provisions may have an adverse effect on the attainment of the objectives of Union policy on the environment set out in Article 191 TFEU.
  Where this is the case
  , the internal review mechanism should also cover acts that have been adopted in the implementation of policies other than Union policy on the environment. |
| --- | --- |

(10)

When assessing whether an administrative act contains provisions which may contravene law
  relating to the environment within the meaning of point (f) of Article 2(1)
  , it is necessary to consider
  in accordance with the case law of the CJEU
  whether such provisions may have an adverse effect on the attainment of the objectives of Union policy on the environment set out in Article 191 TFEU.
  Where this is the case
  , the internal review mechanism should also cover acts that have been adopted in the implementation of policies other than Union policy on the environment.

Amendment 11

Proposal for a regulation

Recital 10 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (10a) | In view of the first paragraph of Article 263 TFEU, as interpreted by the CJEU

   (1a)

  , an act is to be considered to have external effects, and thus capable of being subject to a request for review, if it is intended to produce legal effects vis-à-vis third parties. Administrative acts, such as appointments or preparatory acts, that do not produce legal effects vis-à-vis third parties and cannot be considered to have external effects, in line with the case law of the CJEU, should, therefore, not constitute administrative acts under Regulation (EC) No 1367/2006. |

Text proposed by the Commission

Amendment

(10a)

In view of the first paragraph of Article 263 TFEU, as interpreted by the CJEU

   (1a)

  , an act is to be considered to have external effects, and thus capable of being subject to a request for review, if it is intended to produce legal effects vis-à-vis third parties. Administrative acts, such as appointments or preparatory acts, that do not produce legal effects vis-à-vis third parties and cannot be considered to have external effects, in line with the case law of the CJEU, should, therefore, not constitute administrative acts under Regulation (EC) No 1367/2006.

Amendment 12

Proposal for a regulation

Recital 10 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (10b) | In order to ensure legal consistency, an act is considered to have legal effects, and thus capable of being subject to a request for review, in accordance with the first paragraph of Article 263 TFEU, as interpreted by the CJEU

   (1a)

  . Considering an act to have legal effects implies that an act can be subject to a request for review, regardless of its form, as its nature is considered with regard to its effects, objective and content

   (1b)

  . |

Text proposed by the Commission

Amendment

(10b)

In order to ensure legal consistency, an act is considered to have legal effects, and thus capable of being subject to a request for review, in accordance with the first paragraph of Article 263 TFEU, as interpreted by the CJEU

   (1a)

  . Considering an act to have legal effects implies that an act can be subject to a request for review, regardless of its form, as its nature is considered with regard to its effects, objective and content

   (1b)

  .

Amendment 13

Proposal for a regulation

Recital 10 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (10c) | Any procedural deadlines for administrative and/or judicial control should apply only once the content of the administrative act relating to a major public interest protected by environmental law and that is the subject subsequently of a challenge is actually known by the persons having an interest, especially in cases in which the individual administrative act concerned is obsolete. This is necessary in order to avoid practices that could go against Article 9 of the Aarhus Convention and the case law of the CJEU, in particular the judgment of the Court of 12 November 2019 in Case C-261/18, Commission v. Ireland

   (1a)

  . |

Text proposed by the Commission

Amendment

(10c)

Any procedural deadlines for administrative and/or judicial control should apply only once the content of the administrative act relating to a major public interest protected by environmental law and that is the subject subsequently of a challenge is actually known by the persons having an interest, especially in cases in which the individual administrative act concerned is obsolete. This is necessary in order to avoid practices that could go against Article 9 of the Aarhus Convention and the case law of the CJEU, in particular the judgment of the Court of 12 November 2019 in Case C-261/18, Commission v. Ireland

   (1a)

  .

Amendment 14

Proposal for a regulation

Recital 10 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (10d) | Early and effective means of public participation in the creation and adoption of Union legislative and non-legislative acts are important in order to be able to address concerns at an early stage and to assess whether there is a need for a further proposal to improve public participation horizontally. |

Text proposed by the Commission

Amendment

(10d)

Early and effective means of public participation in the creation and adoption of Union legislative and non-legislative acts are important in order to be able to address concerns at an early stage and to assess whether there is a need for a further proposal to improve public participation horizontally.

Amendment 15

Proposal for a regulation

Recital 11 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (11a) | Given the key role of environmental non-governmental organisations in raising awareness and taking legal action, the Union's institutions or bodies should ensure that there is adequate access to information, participation and justice. |

Text proposed by the Commission

Amendment

(11a)

Given the key role of environmental non-governmental organisations in raising awareness and taking legal action, the Union's institutions or bodies should ensure that there is adequate access to information, participation and justice.

Amendment 16

Proposal for a regulation

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | According to the case law of the CJEU (6), environmental non-governmental organisations requesting an internal review of an administrative act
  are
  required to put forward facts or legal arguments of sufficient substance to give rise to serious doubts when stating the grounds for their request of review. |

Text proposed by the Commission

Amendment

(12)

According to the case law of the CJEU (6), environmental non-governmental organisations requesting an internal review of an administrative act
  are
  required to put forward facts or legal arguments of sufficient substance to give rise to serious doubts when stating the grounds for their request of review.

| (12) | According to the case law of the CJEU (6),
  a party
  requesting an internal review of an administrative act
  is
  required to put forward facts or legal arguments of sufficient substance to give rise to serious doubts when stating the grounds for their request of review.
  That requirement should also apply under Regulation (EC) No 1367/2006. |
| --- | --- |

(12)

According to the case law of the CJEU (6),
  a party
  requesting an internal review of an administrative act
  is
  required to put forward facts or legal arguments of sufficient substance to give rise to serious doubts when stating the grounds for their request of review.
  That requirement should also apply under Regulation (EC) No 1367/2006.

Amendment 17

Proposal for a regulation

Recital 12 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12a) | During the consideration of a request for internal review, other parties directly affected by the request in question, such as companies or public authorities, should be able to submit comments to the Union institution or body concerned within the deadlines set out in Regulation (EC) No 1367/2006. |

Text proposed by the Commission

Amendment

(12a)

During the consideration of a request for internal review, other parties directly affected by the request in question, such as companies or public authorities, should be able to submit comments to the Union institution or body concerned within the deadlines set out in Regulation (EC) No 1367/2006.

Amendment 18

Proposal for a regulation

Recital 12 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12b) | According to the case law of the CJEU

   (1a),
  if a state aid measure under Article 107 TFEU entails a violation of Union law on the environment, that state aid measure cannot be declared compatible with the internal market. The Commission should establish clear guidelines to facilitate the assessment of the compatibility of state aid with relevant provisions of Union law, including Union law relating to the environment. |

Text proposed by the Commission

Amendment

(12b)

According to the case law of the CJEU

   (1a),
  if a state aid measure under Article 107 TFEU entails a violation of Union law on the environment, that state aid measure cannot be declared compatible with the internal market. The Commission should establish clear guidelines to facilitate the assessment of the compatibility of state aid with relevant provisions of Union law, including Union law relating to the environment.

Amendment 19

Proposal for a regulation

Recital 12 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12c) | Regulation (EC) No 1367/2006 lays down the common provisions, scope and definitions on access to information, public participation in decision-making and access to justice in environmental matters at Union level. This is appropriate and contributes to providing legal certainty and increasing the transparency of the implementation measures taken pursuant to the obligations arising under the Aarhus Convention. |

Text proposed by the Commission

Amendment

(12c)

Regulation (EC) No 1367/2006 lays down the common provisions, scope and definitions on access to information, public participation in decision-making and access to justice in environmental matters at Union level. This is appropriate and contributes to providing legal certainty and increasing the transparency of the implementation measures taken pursuant to the obligations arising under the Aarhus Convention.

Amendment 20

Proposal for a regulation

Recital 12 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12d) | The scope of review proceedings under Regulation (EC) No 1367/2006 should cover both the substantive and procedural legality of the act challenged. In line with the case law of the CJEU, proceedings under Article 263(4) TFEU and Article 12 of Regulation (EC) No 1367/2006 cannot be founded on grounds or on evidence not appearing in the request for review, since otherwise the purpose for the requirement, in Article 10(1) of Regulation (EC) No 1367/2006, relating to the statement of grounds of review for such a request, would be made redundant and the object of the procedure initiated by the request would be altered

   (1a)

  . |

Text proposed by the Commission

Amendment

(12d)

The scope of review proceedings under Regulation (EC) No 1367/2006 should cover both the substantive and procedural legality of the act challenged. In line with the case law of the CJEU, proceedings under Article 263(4) TFEU and Article 12 of Regulation (EC) No 1367/2006 cannot be founded on grounds or on evidence not appearing in the request for review, since otherwise the purpose for the requirement, in Article 10(1) of Regulation (EC) No 1367/2006, relating to the statement of grounds of review for such a request, would be made redundant and the object of the procedure initiated by the request would be altered

   (1a)

  .

Amendment 21

Proposal for a regulation

Recital 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13a) | Acts adopted by public authorities of the Member States, including national implementing measures adopted at Member State level required by a non-legislative act under Union law, do not fall within the scope of Regulation (EC) No 1367/2006, in line with the Treaties and the principle of the autonomy of the national courts. |

Text proposed by the Commission

Amendment

(13a)

Acts adopted by public authorities of the Member States, including national implementing measures adopted at Member State level required by a non-legislative act under Union law, do not fall within the scope of Regulation (EC) No 1367/2006, in line with the Treaties and the principle of the autonomy of the national courts.

Amendment 22

Proposal for a regulation

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union (the Charter), in particular the right to good administration (Article 41) and the right to an effective remedy and to a fair trial (Article 47). This Regulation contributes to the effectiveness of the Union system of administrative and judicial review, and as a result, strengthens the application of Articles 41 and 47 of the Charter and thereby contributes to the rule of law, enshrined in Article 2 of the Treaty on European Union (TEU). |

Text proposed by the Commission

Amendment

(14)

This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union (the Charter), in particular the right to good administration (Article 41) and the right to an effective remedy and to a fair trial (Article 47). This Regulation contributes to the effectiveness of the Union system of administrative and judicial review, and as a result, strengthens the application of Articles 41 and 47 of the Charter and thereby contributes to the rule of law, enshrined in Article 2 of the Treaty on European Union (TEU).

| (14) | This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union (the Charter), in particular
  the principle of environmental protection (Article 37),
  the right to good administration (Article 41) and the right to an effective remedy and to a fair trial (Article 47). This Regulation contributes to the effectiveness of the Union system of administrative and judicial review
  in environmental matters
  , and as a result, strengthens the application of Articles
  37,
  41 and 47 of the Charter and thereby contributes to the rule of law, enshrined in Article 2 of the Treaty on European Union (TEU). |
| --- | --- |

(14)

This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union (the Charter), in particular
  the principle of environmental protection (Article 37),
  the right to good administration (Article 41) and the right to an effective remedy and to a fair trial (Article 47). This Regulation contributes to the effectiveness of the Union system of administrative and judicial review
  in environmental matters
  , and as a result, strengthens the application of Articles
  37,
  41 and 47 of the Charter and thereby contributes to the rule of law, enshrined in Article 2 of the Treaty on European Union (TEU).

Amendment 23

Proposal for a regulation

Article 1 — paragraph 1 — point 1

Regulation (EC) No 1367/2006

Article 2 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | ‘administrative act’ means any non-legislative act adopted by a Union institution or body, which has
  legally binding
  and external effects and contains provisions that may
  , because of their effects,
  contravene environmental law within the meaning of point (f) of Article 2(1)
  , excepting those provisions of this act for which Union law explicitly requires implementing measures at Union or national level; |

Text proposed by the Commission

Amendment

(g)

‘administrative act’ means any non-legislative act adopted by a Union institution or body, which has
  legally binding
  and external effects and contains provisions that may
  , because of their effects,
  contravene environmental law within the meaning of point (f) of Article 2(1)
  , excepting those provisions of this act for which Union law explicitly requires implementing measures at Union or national level;

| (g) | ‘administrative act’ means any non-legislative act adopted by a Union institution or body, which has
  legal
  and external effects and contains provisions that may contravene environmental law within the meaning of point (f) of Article 2(1)
  ; administrative acts shall not include acts adopted by public authorities of Member States; |
| --- | --- |

(g)

‘administrative act’ means any non-legislative act adopted by a Union institution or body, which has
  legal
  and external effects and contains provisions that may contravene environmental law within the meaning of point (f) of Article 2(1)
  ; administrative acts shall not include acts adopted by public authorities of Member States;

Amendment 24

Proposal for a regulation

Article 1 — paragraph 1 — point 1 a (new)

Regulation (EC) No 1367/2006

Article 2 — paragraph 2

| Present text | Amendment |
| --- | --- |
| | 1a. | Article 2, paragraph 2, is amended as follows: |

Present text

Amendment

1a.

2.   Administrative acts and administrative omissions shall not include measures taken or omissions by a Community institution or body in its capacity as an administrative review body
  , such as
  under:

‘2.   Administrative acts and administrative omissions shall not include measures taken or omissions by a Community institution or body in its capacity as an administrative review body under:

| (a) | Articles 81, 82
  , 86 and 87
  of the Treaty (
  competition
  rules); |
| --- | --- |

(a)

Articles 81, 82
  , 86 and 87
  of the Treaty (
  competition
  rules);

, 86 and 87

competition

| (a) | Articles 81
  and
  82 of the Treaty
  [Articles 101 and 102 TFEU]
  (
  including merger
  rules); |
| --- | --- |

(a)

Articles 81
  and
  82 of the Treaty
  [Articles 101 and 102 TFEU]
  (
  including merger
  rules);

and

[Articles 101 and 102 TFEU]

including merger

| (b) | Articles 226 and 228 of the Treaty (infringement proceedings); |
| --- | --- |

(b)

Articles 226 and 228 of the Treaty (infringement proceedings);

| (b) | Articles 226 and 228 of the Treaty
  [Articles 258 and 260 TFEU]
  (infringement proceedings); |
| --- | --- |

(b)

Articles 226 and 228 of the Treaty
  [Articles 258 and 260 TFEU]
  (infringement proceedings);

[Articles 258 and 260 TFEU]

| (c) | Article 195 of the Treaty (Ombudsman proceedings); |
| --- | --- |

(c)

Article 195 of the Treaty (Ombudsman proceedings);

| (c) | Article 195 of the Treaty
  [Article 228 TFEU]
  (Ombudsman proceedings); |
| --- | --- |

(c)

Article 195 of the Treaty
  [Article 228 TFEU]
  (Ombudsman proceedings);

[Article 228 TFEU]

| (d) | Article 280 of the Treaty (OLAF proceedings). |
| --- | --- |

(d)

Article 280 of the Treaty (OLAF proceedings).

| (d) | Article 280 of the Treaty
  [Article 325 TFEU]
  (OLAF proceedings). |
| --- | --- |

(d)

Article 280 of the Treaty
  [Article 325 TFEU]
  (OLAF proceedings).

[Article 325 TFEU]

| (da) | Articles 86 and 87 [Articles 106 and 107 TFEU] (competition rules) until ... [18 months after the adoption of this Regulation]. |
| --- | --- |

(da)

(da)

Articles 86 and 87 [Articles 106 and 107 TFEU] (competition rules) until ... [18 months after the adoption of this Regulation].

Articles 86 and 87 [Articles 106 and 107 TFEU] (competition rules) until ... [18 months after the adoption of this Regulation].

| (db) | No later than ... [18 months after the date of adoption of this Regulation], the Commission shall adopt guidelines to facilitate the assessment of the compatibility of state aid with relevant provisions of Union law relating to the environment, including on the information to be submitted by Member States when they notify the Commission of state aid.’ |
| --- | --- |

(db)

(db)

No later than ... [18 months after the date of adoption of this Regulation], the Commission shall adopt guidelines to facilitate the assessment of the compatibility of state aid with relevant provisions of Union law relating to the environment, including on the information to be submitted by Member States when they notify the Commission of state aid.’

No later than ... [18 months after the date of adoption of this Regulation], the Commission shall adopt guidelines to facilitate the assessment of the compatibility of state aid with relevant provisions of Union law relating to the environment, including on the information to be submitted by Member States when they notify the Commission of state aid.’

Amendment 25

Amendment 25

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 1 b (new)

Article 1 — paragraph 1 — point 1 b (new)

Regulation (EC) No 1367/2006

Article 4 — paragraph 2

| Present text | Amendment |
| --- | --- |
| | 1b. | In Article 4, paragraph 2 is replaced by the following: |

Present text

Present text

Amendment

Amendment

1b.

1b.

In Article 4, paragraph 2 is replaced by the following:

2.   The environmental information to be made available and disseminated shall be updated as appropriate. In addition to the documents listed in Article 12(2) and (3) and in Article 13(1) and (2) of Regulation (EC) No 1049/2001, the databases or registers
  shall include the following
  :

‘2.   The environmental information to be made available and disseminated shall be updated as appropriate. In addition to the documents listed in Article 12(2) and (3) and in Article 13(1) and (2) of Regulation (EC) No 1049/2001, the
  following shall be included in the
  databases or registers
  as soon as they are consolidated
  :

| (a) | texts of international treaties, conventions or agreements, and of
  Community
  legislation on the environment or relating to it, and of policies, plans and programmes relating to the environment; |
| --- | --- |

(a)

texts of international treaties, conventions or agreements, and of
  Community
  legislation on the environment or relating to it, and of policies, plans and programmes relating to the environment;

Community

| (a) | texts of international treaties, conventions or agreements, and of
  Union
  legislation on the environment or relating to it, and of policies, plans and programmes relating to the environment; |
| --- | --- |

(a)

texts of international treaties, conventions or agreements, and of
  Union
  legislation on the environment or relating to it, and of policies, plans and programmes relating to the environment;

Union

| (aa) | the positions of Member States as expressed in decision-making procedures leading to the adoption of Union legislation or administrative acts on or relating to the environment; |
| --- | --- |

(aa)

(aa)

the positions of Member States as expressed in decision-making procedures leading to the adoption of Union legislation or administrative acts on or relating to the environment;

the positions of Member States as expressed in decision-making procedures leading to the adoption of Union legislation or administrative acts on or relating to the environment;

| (b) | progress reports on the implementation of the items referred to under (a) where prepared or held in electronic form by
  Community
  institutions or bodies; |
| --- | --- |

(b)

progress reports on the implementation of the items referred to under (a) where prepared or held in electronic form by
  Community
  institutions or bodies;

Community

| (b) | progress reports on the implementation of the items referred to under (a) where prepared or held in electronic form by
  Union
  institutions or bodies; |
| --- | --- |

(b)

progress reports on the implementation of the items referred to under (a) where prepared or held in electronic form by
  Union
  institutions or bodies;

Union

| (c) | steps taken in proceedings for infringements of Community law from the stage of the reasoned opinion pursuant to Article
  226
  (1) of the Treaty; |
| --- | --- |

(c)

steps taken in proceedings for infringements of Community law from the stage of the reasoned opinion pursuant to Article
  226
  (1) of the Treaty;

226

| (c) | steps taken in proceedings for infringements of Community law from the stage of the reasoned opinion pursuant to Article
  258
  (1) of the Treaty; |
| --- | --- |

(c)

steps taken in proceedings for infringements of Community law from the stage of the reasoned opinion pursuant to Article
  258
  (1) of the Treaty;

258

| (d) | reports on the state of the environment as referred to in paragraph 4; |
| --- | --- |

(d)

reports on the state of the environment as referred to in paragraph 4;

| (d) | reports on the state of the environment as referred to in paragraph 4; |
| --- | --- |

(d)

reports on the state of the environment as referred to in paragraph 4;

| (e) | data or summaries of data derived from the monitoring of activities affecting, or likely to affect, the environment; |
| --- | --- |

(e)

data or summaries of data derived from the monitoring of activities affecting, or likely to affect, the environment;

| (e) | data or summaries of data derived from the monitoring of activities affecting, or likely to affect, the environment; |
| --- | --- |

(e)

data or summaries of data derived from the monitoring of activities affecting, or likely to affect, the environment;

| (f) | authorisations with a significant impact on the environment, and environmental agreements, or a reference to the place where such information can be requested or accessed; |
| --- | --- |

(f)

authorisations with a significant impact on the environment, and environmental agreements, or a reference to the place where such information can be requested or accessed;

| (f) | authorisations with a significant impact on the environment, and environmental agreements, or a reference to the place where such information can be requested or accessed; |
| --- | --- |

(f)

authorisations with a significant impact on the environment, and environmental agreements, or a reference to the place where such information can be requested or accessed;

| (g) | environmental impact studies and risk assessments concerning environmental elements, or a reference to the place where such information can be requested or accessed.’ |
| --- | --- |

(g)

environmental impact studies and risk assessments concerning environmental elements, or a reference to the place where such information can be requested or accessed.’

| (g) | environmental impact studies and risk assessments concerning environmental elements, or a reference to the place where such information can be requested or accessed.’ |
| --- | --- |

(g)

environmental impact studies and risk assessments concerning environmental elements, or a reference to the place where such information can be requested or accessed.’

Amendment 26

Amendment 26

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point a

Article 1 — paragraph 1 — point 2 — point a

Regulation (EC) No 1367/2006

Article 10 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Any non-governmental organisation
  which meets
  the criteria set out in Article 11
  is
  entitled to make a request for internal review to the Union institution or body that has adopted an administrative act or, in case of an alleged administrative omission, should have adopted such an act, on the grounds that such an act or omission contravenes environmental law. | Any non-governmental organisation
  or members of the public that meet
  the criteria set out in Article 11
  are
  entitled to make a request for internal review to the Union institution or body that has adopted an administrative act or, in case of an alleged administrative omission, should have adopted such an act, on the grounds that such an act or omission contravenes environmental law. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Any non-governmental organisation
  which meets
  the criteria set out in Article 11
  is
  entitled to make a request for internal review to the Union institution or body that has adopted an administrative act or, in case of an alleged administrative omission, should have adopted such an act, on the grounds that such an act or omission contravenes environmental law.

which meets

is

Any non-governmental organisation
  or members of the public that meet
  the criteria set out in Article 11
  are
  entitled to make a request for internal review to the Union institution or body that has adopted an administrative act or, in case of an alleged administrative omission, should have adopted such an act, on the grounds that such an act or omission contravenes environmental law.

or members of the public that meet

are

Amendment 27

Amendment 27

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point a

Article 1 — paragraph 1 — point 2 — point a

Regulation (EC) No 1367/2006

Article 10 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where an administrative act is an implementing measure at Union level required by another non-legislative act, the non-governmental organisation may also request the review of the provision of the non-legislative act for which that implementing measure is required when requesting the review of that implementing measure. | Where an administrative act is an implementing measure at Union level required by another non-legislative act, the non-governmental organisation
  or members of the public that meet the criteria set out in Article 11
  may also request the review of the provision of the non-legislative act for which that implementing measure is required when requesting the review of that implementing measure. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where an administrative act is an implementing measure at Union level required by another non-legislative act, the non-governmental organisation may also request the review of the provision of the non-legislative act for which that implementing measure is required when requesting the review of that implementing measure.

Where an administrative act is an implementing measure at Union level required by another non-legislative act, the non-governmental organisation
  or members of the public that meet the criteria set out in Article 11
  may also request the review of the provision of the non-legislative act for which that implementing measure is required when requesting the review of that implementing measure.

or members of the public that meet the criteria set out in Article 11

Amendment 28

Amendment 28

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point a

Article 1 — paragraph 1 — point 2 — point a

Regulation (EC) No 1367/2006

Article 10 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Union institution or body referred to in paragraph 1 shall consider any such request, unless it is clearly unsubstantiated. The Union institution or body shall state its reasons in a written reply as soon as possible, but no later than 16 weeks after receipt of the request. | 2.   The Union institution or body referred to in paragraph 1 shall consider any such request, unless it is clearly unsubstantiated
  . In the event that a Union institution or body receives multiple requests for review of the same act or omission citing the same grounds, the institution or body may decide to combine the requests and treat them as one. In such a case, the Union institution or body shall as soon as possible notify that decision to all those who have made a request for internal review of that same act or omission. Within four weeks of submission of such a request, third parties directly affected by the request may submit comments to that Union institution or body
  . The Union institution or body shall state its reasons in a written reply as soon as possible, but no later than 16 weeks after receipt of the request. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Union institution or body referred to in paragraph 1 shall consider any such request, unless it is clearly unsubstantiated. The Union institution or body shall state its reasons in a written reply as soon as possible, but no later than 16 weeks after receipt of the request.

2.   The Union institution or body referred to in paragraph 1 shall consider any such request, unless it is clearly unsubstantiated
  . In the event that a Union institution or body receives multiple requests for review of the same act or omission citing the same grounds, the institution or body may decide to combine the requests and treat them as one. In such a case, the Union institution or body shall as soon as possible notify that decision to all those who have made a request for internal review of that same act or omission. Within four weeks of submission of such a request, third parties directly affected by the request may submit comments to that Union institution or body
  . The Union institution or body shall state its reasons in a written reply as soon as possible, but no later than 16 weeks after receipt of the request.

Amendment 29

Amendment 29

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 a (new)

Article 1 — paragraph 1 — point 2 a (new)

Regulation (EC) No 1367/2006

Article 11 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a. | In Article 11, the following paragraph is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.

2a.

In Article 11, the following paragraph is inserted:

‘1a.
     
  A request for internal review in accordance with Article 10 may also be made by members of the public demonstrating sufficient interest or impairment of a right subject to paragraph 2 below.’

Amendment 30

Amendment 30

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 b (new)

Article 1 — paragraph 1 — point 2 b (new)

Regulation (EC) No 1367/2006

Article 11 — paragraph 2

| Present text | Amendment |
| --- | --- |
| | 2b. | In Article 11, paragraph 2 is replaced by the following |

Present text

Present text

Amendment

Amendment

2b.

2b.

In Article 11, paragraph 2 is replaced by the following

2.   The Commission shall adopt the provisions which are necessary to ensure transparent and consistent application of the criteria mentioned in
  paragraph
  1.

‘2.   The Commission shall adopt the provisions which are necessary to ensure transparent and consistent application of the criteria mentioned in
  paragraphs
  1
  and 1a. No later than ... [18 months following the adoption of this Regulation], the Commission shall adopt a delegated act in accordance with Article 12a specifying the criteria that members of the public, as referred to in paragraph 1a of this Article, need to fulfil
  .
  The Commission shall review the application of those criteria at least every three years, and, where appropriate, amend the delegated act, to guarantee the effective exercise of the right conferred on members of the public referred to in paragraph 1a.

The criteria established by the delegated act adopted pursuant to this paragraph shall:

The criteria established by the delegated act adopted pursuant to this paragraph shall:

| (a) | ensure that there is effective access to justice in line with the overall objectives of the Aarhus Convention; |
| --- | --- |

(a)

(a)

ensure that there is effective access to justice in line with the overall objectives of the Aarhus Convention;

ensure that there is effective access to justice in line with the overall objectives of the Aarhus Convention;

| (b) | require a request to be made by members of the public from different Member States when it concerns a Union act or omission affecting the public in more than one Member State; |
| --- | --- |

(b)

(b)

require a request to be made by members of the public from different Member States when it concerns a Union act or omission affecting the public in more than one Member State;

require a request to be made by members of the public from different Member States when it concerns a Union act or omission affecting the public in more than one Member State;

| (c) | be such as to avoid actio popularis, including by ensuring that when demonstrating sufficient interest or impairment of a right, members of the public are required to prove that they are directly affected in comparison to the public at large; |
| --- | --- |

(c)

(c)

be such as to avoid actio popularis, including by ensuring that when demonstrating sufficient interest or impairment of a right, members of the public are required to prove that they are directly affected in comparison to the public at large;

be such as to avoid actio popularis, including by ensuring that when demonstrating sufficient interest or impairment of a right, members of the public are required to prove that they are directly affected in comparison to the public at large;

| (d) | minimise the administrative burden on Union institutions and bodies.’ |
| --- | --- |

(d)

(d)

minimise the administrative burden on Union institutions and bodies.’

minimise the administrative burden on Union institutions and bodies.’

Amendment 31

Amendment 31

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 c (new)

Article 1 — paragraph 1 — point 2 c (new)

Regulation (EC) No 1367/2006

Article 11 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2c. | The following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2c.

2c.

The following article is inserted:

‘Article 11a

Public register of requests for internal review

Union institutions and bodies shall establish, by 31 December 2021 at the latest, a register of all requests that meet the eligibility requirements set out in Article 11 as well as of the applicants that meet those requirements and submitted the requests. That register shall be regularly updated.’

Amendment 32

Amendment 32

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 d (new)

Article 1 — paragraph 1 — point 2 d (new)

Regulation (EC) No 1367/2006

Article 12 — paragraph 1

| Present text | Amendment |
| --- | --- |
| | 2d. | In Article 12, paragraph 1 is amended as follows: |

Present text

Present text

Amendment

Amendment

2d.

2d.

In Article 12, paragraph 1 is amended as follows:

1.   
  The
  non-governmental organisation which made the request for internal review pursuant to Article 10 may institute proceedings before the Court of Justice in accordance with
  the relevant provisions
  of the Treaty.

‘1.   
  Where the
  non-governmental organisation or

  members of the public
  which made the request for internal review pursuant to Article 10
  consider that a decision by the Union institution or body in response to that request is insufficient to ensure compliance with environmental law, they
  may institute proceedings before the Court of Justice, in accordance with
  Article 263
  of the Treaty
  , to review the substantive and procedural legality of that decision
  .’

Amendment 33

Amendment 33

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 e (new)

Article 1 — paragraph 1 — point 2 e (new)

Regulation (EC) No 1367/2006

Article 12 — paragraph 2

| Present text | Amendment |
| --- | --- |
| | 2e. | In Article 12, paragraph 2 is amended as follows: |

Present text

Present text

Amendment

Amendment

2e.

2e.

In Article 12, paragraph 2 is amended as follows:

2.   Where the
  Community
  institution or body fails to act in accordance with Article 10(2) or (3) the non-governmental organisation may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty.

‘2.   Where the
  Union institution
  or body fails to act in accordance with Article 10(2) or (3) the non-governmental organisation
  or members of the public which made the request for internal review pursuant to Article 10
  may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty.’

Amendment 34

Amendment 34

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 f (new)

Article 1 — paragraph 1 — point 2 f (new)

Regulation (EC) No 1367/2006

Article 12 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2f. | The following paragraph is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2f.

2f.

The following paragraph is inserted:

‘2a.
     
  Without prejudice to the Court’s prerogative to apportion costs, it shall be ensured that court proceedings initiated under this Article are not prohibitively expensive. Union institutions and bodies referred to in Article 10(1) shall only make reasonable cost reimbursement requests.’

Amendment 35

Amendment 35

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 g (new)

Article 1 — paragraph 1 — point 2 g (new)

Regulation (EC) No 1367/2006

Article 12 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2g. | The following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2g.

2g.

The following article is inserted:

‘Article 12a

Exercise of the delegation

1.
     
  The power to adopt delegated acts referred to in Article 11(2) is conferred on the Commission subject to the conditions laid down in this Article.

2.
     
  The power to adopt delegated acts referred to in Article 11(2) shall be conferred on the Commission for an indeterminate period of time from ... [date of entry into force of this Regulation].

3.
     
  The delegation of power referred to in Article 11(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.
     
  Before adopting a delegated act, the Commission shall consult experts designated by each Member State and the public in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.
     
  A delegated act adopted pursuant to Article 11(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’

---

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0152/2021).

1

(4)  Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).

4

(4)  Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).

4

(1a)  
  Communication of the Commission of 4 April 2019 on Environmental Implementation Review 2019: A Europe that protects its citizens and enhances their quality of life and communication of the Commission of 14 October 2020 on improving access to justice in environmental matters in the EU and its Member States.

1a

Communication of the Commission of 4 April 2019 on Environmental Implementation Review 2019: A Europe that protects its citizens and enhances their quality of life and communication of the Commission of 14 October 2020 on improving access to justice in environmental matters in the EU and its Member States.

(5)  
  See findings
  of the Aarhus Convention Compliance Committee
  in case ACCC/C/2008/32
  at https://
  www.unece
  .
  org/env/pp/compliance/Compliancecommittee/32TableEC
  .
  html
  .

5

See findings

in case ACCC/C/2008/32

www.unece

org/env/pp/compliance/Compliancecommittee/32TableEC

html

(5)  
  Advice
  of the Aarhus Convention Compliance Committee
  ACCC/M/2017/3 and ACCC/C/2015/128 available
  at https://
  unece
  .
  org/env/pp/cc/accc
  .
  m.2017.3_european-union and https://unece
  .
  org/env/pp/cc/accc.c.2015.128_european-union.

5

Advice

ACCC/M/2017/3 and ACCC/C/2015/128 available

unece

org/env/pp/cc/accc

m.2017.3_european-union and https://unece

org/env/pp/cc/accc.c.2015.128_european-union.

(1a)  
  Judgment of the Court of Justice of 3 October 2013, Inuit Tapiriit Kanatami and Others v Parliament and Council, C-583/11 P, ECLI:EU:C:2013:625, paragraph 56.

1a

Judgment of the Court of Justice of 3 October 2013, Inuit Tapiriit Kanatami and Others v Parliament and Council, C-583/11 P, ECLI:EU:C:2013:625, paragraph 56.

(1a)  
  Judgement of the Court of Justice of 29 January 2021, ClientEarth v EIB, T-9/19, ECLI:EU:T:2021:42, paragraphs 149 and 153. See also judgment in Case C-583/11 P, paragraph 56.

1a

Judgement of the Court of Justice of 29 January 2021, ClientEarth v EIB, T-9/19, ECLI:EU:T:2021:42, paragraphs 149 and 153. See also judgment in Case C-583/11 P, paragraph 56.

(1b)  
  The judgments of the Court of Justice of 10 December 1957, Usines à tubes de la Sarre v High Authority, 1/57 and 14/57, ECLI:EU:C:1957:13, p. 114; of 31 March 1971, Commission v Council, 22/70, ECLI:EU:C:1971:32, paragraph 42; of 16 June 1993, France v Commission, C-325/91, ECLI:EU:C:1993:245, paragraph 9; of 20 March 1997, France v Commission, C-57/95, ECLI:EU:C:1997:164, paragraph 22; and of 13 October 2011, Deutsche Post and Germany v Commission, C-463/10 P and C-475/10 P, ECLI:EU:C:2011:656, paragraph 36.

1b

The judgments of the Court of Justice of 10 December 1957, Usines à tubes de la Sarre v High Authority, 1/57 and 14/57, ECLI:EU:C:1957:13, p. 114; of 31 March 1971, Commission v Council, 22/70, ECLI:EU:C:1971:32, paragraph 42; of 16 June 1993, France v Commission, C-325/91, ECLI:EU:C:1993:245, paragraph 9; of 20 March 1997, France v Commission, C-57/95, ECLI:EU:C:1997:164, paragraph 22; and of 13 October 2011, Deutsche Post and Germany v Commission, C-463/10 P and C-475/10 P, ECLI:EU:C:2011:656, paragraph 36.

(1a)  
  Judgment of the Court of Justice of 12 November 2019, C-261/18, Commission v. Ireland, ECLI:EU:C:2019:955.

1a

Judgment of the Court of Justice of 12 November 2019, C-261/18, Commission v. Ireland, ECLI:EU:C:2019:955.

(6)  Judgment of the Court of Justice of 12 September 2019 in Case C-82/17 P, TestBioTech v Commission, ECLI:EU:C:2019:719,
  at para
  69.

6

at para

(6)  
  Judgment
  of the Court of Justice of 12 September 2019, TestBioTech v Commission, C-82/17 P, ECLI:EU:C:2019:719,
  paragraph
  69,
  and the judgment in Case T-9/19
  .

6

Judgment

paragraph

and the judgment in Case T-9/19

(1a)  
  Judgment of the Court of Justice of 22 September 2020, Austria v Commission, C-594/18 P, ECLI:EU:C:2020:742.

1a

Judgment of the Court of Justice of 22 September 2020, Austria v Commission, C-594/18 P, ECLI:EU:C:2020:742.

(1a)  
  Judgment in Case C-82/17 P, paragraph 39.

1a

Judgment in Case C-82/17 P, paragraph 39.

---

| 12.1.2022 | EN | Official Journal of the European Union | C 15/290 |
| --- | --- | --- | --- |

12.1.2022

EN

Official Journal of the European Union

C 15/290

---

P9_TA(2021)0258

European Union Agency for Fundamental Rights: interim report

European Parliament resolution of 20 May 2021 on the proposal for a Council regulation amending Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights (COM(2020)0225 — 2020/0112R(APP))

(2022/C 15/47)

The European Parliament,

| — | having regard to the proposal for a Council regulation amending Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights (COM(2020)0225), |
| --- | --- |

—

having regard to the proposal for a Council regulation amending Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights (COM(2020)0225),

| — | having regard to the Treaty on the Functioning of the European Union (TFEU), in particular Article 352 thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union (TFEU), in particular Article 352 thereof,

| — | having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (1) (FRA Regulation), |
| --- | --- |

—

having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (1) (FRA Regulation),

| — | having regard to the European Convention on Human Rights, to Articles 2, 6 and 7 of the Treaty on European Union (TEU) and to the Charter of Fundamental Rights of the European Union (the ‘Charter’), |
| --- | --- |

—

having regard to the European Convention on Human Rights, to Articles 2, 6 and 7 of the Treaty on European Union (TEU) and to the Charter of Fundamental Rights of the European Union (the ‘Charter’),

| — | having regard to the joint statement of the European Parliament, the Council of the EU and the European Commission of 19 July 2012 on decentralised agencies and the Common Approach, |
| --- | --- |

—

having regard to the joint statement of the European Parliament, the Council of the EU and the European Commission of 19 July 2012 on decentralised agencies and the Common Approach,

| — | having regard to the study entitled ‘Strengthening the Fundamental Rights Agency — The Revision of the Fundamental Rights Agency Regulation’, published by its Policy Department for Citizens’ Rights and Constitutional Affairs in May 2020, |
| --- | --- |

—

having regard to the study entitled ‘Strengthening the Fundamental Rights Agency — The Revision of the Fundamental Rights Agency Regulation’, published by its Policy Department for Citizens’ Rights and Constitutional Affairs in May 2020,

| — | having regard to Rule 105(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(5) of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Women’s Rights and Gender Equality, |
| --- | --- |

—

having regard to the opinion of the Committee on Women’s Rights and Gender Equality,

| — | having regard to the interim report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0058/2021), |
| --- | --- |

—

having regard to the interim report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0058/2021),

| A. | whereas the proposal for a Council regulation represents a step forward in making the work of the Fundamental Rights Agency (FRA) broadly more effective by enabling it to operate fully in all areas of Union competence and by clarifying its tasks and working methods, while respecting the principles of proportionality and subsidiarity; whereas it is regrettable that the legal basis of this currently requires unanimity in the Council and the approval of Parliament, meaning that Parliament’s involvement in the reform is limited; |
| --- | --- |

A.

whereas the proposal for a Council regulation represents a step forward in making the work of the Fundamental Rights Agency (FRA) broadly more effective by enabling it to operate fully in all areas of Union competence and by clarifying its tasks and working methods, while respecting the principles of proportionality and subsidiarity; whereas it is regrettable that the legal basis of this currently requires unanimity in the Council and the approval of Parliament, meaning that Parliament’s involvement in the reform is limited;

| B. | whereas the FRA makes an important contribution to upholding fundamental rights and, as an independent and fully-fledged EU agency and fundamental rights watchdog, should be further strengthened with a view to promoting and defending fundamental rights as effectively as possible, while also seeking dialogue through the active involvement of civil society, including bar associations, professional organisations, magistrates and attorneys; |
| --- | --- |

B.

whereas the FRA makes an important contribution to upholding fundamental rights and, as an independent and fully-fledged EU agency and fundamental rights watchdog, should be further strengthened with a view to promoting and defending fundamental rights as effectively as possible, while also seeking dialogue through the active involvement of civil society, including bar associations, professional organisations, magistrates and attorneys;

| C. | whereas EU ambitions for developing a stronger external dimension should be reflected in the further involvement of the FRA in the monitoring and scrutiny of the acts and activities of the Union and its Member States in all aspects of the common foreign and security policy; |
| --- | --- |

C.

whereas EU ambitions for developing a stronger external dimension should be reflected in the further involvement of the FRA in the monitoring and scrutiny of the acts and activities of the Union and its Member States in all aspects of the common foreign and security policy;

| D. | whereas in a globalised world, it is essential to guarantee sufficient protection of fundamental rights through international cooperation with third countries; |
| --- | --- |

D.

whereas in a globalised world, it is essential to guarantee sufficient protection of fundamental rights through international cooperation with third countries;

| E. | whereas building trust among EU citizens in the work of police and justice authorities can only be achieved and enhanced when the acts and activities of the Union and its Member States are accurately, carefully and consistently monitored, scrutinised and brought swiftly into line with fundamental rights obligations; whereas the FRA’s activity in the area of freedom, security and justice is therefore of the utmost importance and, as such, its mandate should also cover the area of police and judicial cooperation in criminal matters; |
| --- | --- |

E.

whereas building trust among EU citizens in the work of police and justice authorities can only be achieved and enhanced when the acts and activities of the Union and its Member States are accurately, carefully and consistently monitored, scrutinised and brought swiftly into line with fundamental rights obligations; whereas the FRA’s activity in the area of freedom, security and justice is therefore of the utmost importance and, as such, its mandate should also cover the area of police and judicial cooperation in criminal matters;

| F. | whereas the FRA’s work in defending fundamental rights and identifying challenges, such as on the rights of children, migration (including external borders), the use of artificial intelligence and new technologies, gender equality, gender-based violence and women’s rights etc. is important in terms of the FRA’s priorities and thus needs to be acknowledged and supported; |
| --- | --- |

F.

whereas the FRA’s work in defending fundamental rights and identifying challenges, such as on the rights of children, migration (including external borders), the use of artificial intelligence and new technologies, gender equality, gender-based violence and women’s rights etc. is important in terms of the FRA’s priorities and thus needs to be acknowledged and supported;

| 1. | Considers the objective of the FRA in providing the relevant institutions, bodies, offices and agencies with information, assistance and expertise on fundamental rights and in defending and protecting fundamental rights in the EU of the utmost importance, given that the FRA monitors the practical application of the Charter to all citizens of the Member States, thereby seeking to ensure that every individual is treated with dignity, whereas all Member States are treated on the basis of equality; underlines its important role as a facilitator in supporting the Union and its Member States when taking measures or formulating courses of action relating to fundamental rights; underlines that these supporting actions can take various forms, including the publication of reports that are fact-based, balanced and take into account a variety of sources; encourages the Commission and the Council to systematically incorporate the data produced by the FRA into their policymaking and commits to the same objective; |
| --- | --- |

1.

| 2. | Stresses that hate crime and hate speech is a prevalent and pressing issue, together with discrimination based on any grounds such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, gender identity or expression, age or sexual orientation; recalls that a horizontal and intersectional perspective is essential to protect fundamental rights for all; warns against the increase and normalisation of hate speech and different forms of racism, xenophobia and related intolerance, in particular antigypsyism, antisemitism, islamophobia, and racism against black people and people of colour in many Member States, which has been exacerbated by the rise of extremist movements and has increased in the online environment, especially during the COVID-19 pandemic; emphasises the FRA’s commitment to combating discrimination of all kinds and calls on the agency to continue its work on developments relating to hate speech and hate crime and to report regularly on the cases and latest trends; |
| --- | --- |

2.

| 3. | Reaffirms its willingness to enable the FRA to operate fully in all areas of Union competence and to fulfil its role as designated by the EU legislators, and therefore to identify the principles and conditions under which it might give its consent; regrets, in this context, Parliament’s limited involvement in the FRA reform and underlines its preference for an ordinary legislative procedure; in line with other JHA agencies, calls on the Commission to allocate the FRA an adequately increased budget, in order to fully fulfil its role; acknowledges the need to provide the FRA with adequately specialised staff; |
| --- | --- |

3.

| 4. | Calls on the Council to take into account the following considerations when amending the FRA Regulation:






  (i) | Scope of the regulation

  In line with the changes that result from the entry into force of the Lisbon Treaty, the word ‘Community’ should be replaced by the word ‘Union’ throughout the entire regulation — this implies that Union or Member State acts or activities relating to or within the framework of the common foreign and security policy, as well as in the area of freedom, security and justice, should be covered by the FRA; in this regard, it should be clear that the FRA’s mandate encompasses the area of police and judicial cooperation in criminal matters and issues related to respect for fundamental rights at the Union’s external borders (in line with Article 77 TFEU), and also focuses on questions relating to the mutual recognition of judicial decisions and judgments between Member States; highlights the FRA’s important role in providing valuable input and contributions in the context of proceedings under Article 7 TEU and the annual rule of law report; believes that the FRA should also contribute in future within the context of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget (2); underlines, in this context, the FRA’s role as an instrument for defending the principles of democracy, the rule of law and fundamental rights, especially in times characterised by worrying authoritarian tendencies; |
| --- | --- | --- |

4.

(i)

Scope of the regulation

In line with the changes that result from the entry into force of the Lisbon Treaty, the word ‘Community’ should be replaced by the word ‘Union’ throughout the entire regulation — this implies that Union or Member State acts or activities relating to or within the framework of the common foreign and security policy, as well as in the area of freedom, security and justice, should be covered by the FRA; in this regard, it should be clear that the FRA’s mandate encompasses the area of police and judicial cooperation in criminal matters and issues related to respect for fundamental rights at the Union’s external borders (in line with Article 77 TFEU), and also focuses on questions relating to the mutual recognition of judicial decisions and judgments between Member States; highlights the FRA’s important role in providing valuable input and contributions in the context of proceedings under Article 7 TEU and the annual rule of law report; believes that the FRA should also contribute in future within the context of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget (2); underlines, in this context, the FRA’s role as an instrument for defending the principles of democracy, the rule of law and fundamental rights, especially in times characterised by worrying authoritarian tendencies;

| (ii) | Cooperation with third countries

  Observer membership should not be restricted to candidate countries or countries with a Stabilisation and Association Agreement, but should be open to other third countries, such as European Economic Area/European Free Trade Association countries, the UK, or — where deemed appropriate by the FRA Management Board — countries covered by the European neighbourhood policy; |
| --- | --- |

(ii)

Cooperation with third countries

Observer membership should not be restricted to candidate countries or countries with a Stabilisation and Association Agreement, but should be open to other third countries, such as European Economic Area/European Free Trade Association countries, the UK, or — where deemed appropriate by the FRA Management Board — countries covered by the European neighbourhood policy;

| (iii) | Areas of activity

  In addition to the fight against racism, xenophobia and related intolerance as laid down in Article 5(2)(b) of the FRA Regulation, and to the more general commitment against any form of discrimination and hate crimes, the following areas of activity should be specifically mentioned in the operational part of the new regulation:
  the fight against antigypsyism, antisemitism, islamophobia, racism against black people and people of colour, the protection of the rights of persons belonging to minorities, and respect for political or any other opinions; |
| --- | --- |

(iii)

Areas of activity

In addition to the fight against racism, xenophobia and related intolerance as laid down in Article 5(2)(b) of the FRA Regulation, and to the more general commitment against any form of discrimination and hate crimes, the following areas of activity should be specifically mentioned in the operational part of the new regulation:

the fight against antigypsyism, antisemitism, islamophobia, racism against black people and people of colour, the protection of the rights of persons belonging to minorities, and respect for political or any other opinions;

| (iv) | Annual and multiannual programming

  The proposal by the Commission to discontinue the current five-year Multiannual Framework should be taken on board with a view to abandoning the establishment of thematic restrictions for each five-year period in order to enable the FRA to adjust its work and thematic focus to emerging priorities; the FRA should prepare its programming in close consultation with the FRA national liaison officers, in order to coordinate the main thematic areas of activity with the Member States’ national authorities as best and efficiently as possible; the draft programming document should be sent to the competent Council preparatory body and the European Parliament for discussion, and in the light of the outcome of these discussions, the Director of the FRA must submit the draft programming document to the FRA Management Board for adoption; |
| --- | --- |

(iv)

Annual and multiannual programming

The proposal by the Commission to discontinue the current five-year Multiannual Framework should be taken on board with a view to abandoning the establishment of thematic restrictions for each five-year period in order to enable the FRA to adjust its work and thematic focus to emerging priorities; the FRA should prepare its programming in close consultation with the FRA national liaison officers, in order to coordinate the main thematic areas of activity with the Member States’ national authorities as best and efficiently as possible; the draft programming document should be sent to the competent Council preparatory body and the European Parliament for discussion, and in the light of the outcome of these discussions, the Director of the FRA must submit the draft programming document to the FRA Management Board for adoption;

| 5. | Calls on the Commission to consider a more comprehensive and ambitious revision of the FRA Regulation following a thorough impact assessment and consultations with the relevant stakeholders in order to strengthen the independence, efficiency and effectiveness of the FRA; calls on the Council to reflect upon such proposals; calls for the Commission, for the purposes of that future revision, to take particular account of:






  (i) | Management Board

  As is the case with many other EU agencies, the Committee on Civil Liberties, Justice and Home Affairs should have the right to nominate one additional member of the FRA Management Board; members of the Management Board should have the right to be reappointed once; a requirement on gender balance in the bodies established by the FRA Regulation should be included; encourages the FRA to continue its practice of having at least one member of the scientific committee with relevant expertise on gender equality; |
| --- | --- | --- |

5.

(i)

Management Board

As is the case with many other EU agencies, the Committee on Civil Liberties, Justice and Home Affairs should have the right to nominate one additional member of the FRA Management Board; members of the Management Board should have the right to be reappointed once; a requirement on gender balance in the bodies established by the FRA Regulation should be included; encourages the FRA to continue its practice of having at least one member of the scientific committee with relevant expertise on gender equality;

| (ii) | Independent evaluation and review of FRA activities

  Every five years, the acts and activities of the FRA should be submitted for an independent external evaluation not commissioned by the Commission; the objective of the independent external evaluation should be to assess in particular the impact, effectiveness, efficiency and working practices of the FRA’s activities and achievements; the Management Board must examine the conclusions of the evaluations referred to in Article 30(3) of the FRA Regulation and issue to the Commission such recommendations as may be necessary regarding changes to the FRA, its working practices and the scope of its mission; the Commission must transmit the evaluation reports and recommendations to Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions and make them public; after having assessed the evaluation report and recommendations, the Commission may submit any proposals for amendments to the regulation which it considers necessary; |
| --- | --- |

(ii)

Independent evaluation and review of FRA activities

Every five years, the acts and activities of the FRA should be submitted for an independent external evaluation not commissioned by the Commission; the objective of the independent external evaluation should be to assess in particular the impact, effectiveness, efficiency and working practices of the FRA’s activities and achievements; the Management Board must examine the conclusions of the evaluations referred to in Article 30(3) of the FRA Regulation and issue to the Commission such recommendations as may be necessary regarding changes to the FRA, its working practices and the scope of its mission; the Commission must transmit the evaluation reports and recommendations to Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions and make them public; after having assessed the evaluation report and recommendations, the Commission may submit any proposals for amendments to the regulation which it considers necessary;

| (iii) | Tasks

  Upon the request of the Council, the Commission or Parliament, the FRA should be able to carry out, in particular, independent scientific research, surveys, and preparatory and feasibility studies, and to formulate and publish conclusions and opinions on specific thematic topics, including country-specific assessments and opinions on legislative proposals at different stages of the legislative process and on proceedings under Article 7 TEU; this should also be possible on the initiative of the FRA, and not only upon the request of an EU institution; furthermore, individual Member States or a group of Member States should have a right of initiative; the FRA’s active role in the future EU mechanism on democracy, the rule of law and fundamental rights should be included in the regulation as a body which, in cooperation with a panel of independent experts, identifies the main positive and negative developments in each Member State in an impartial manner and contributes to, among other things, the preparation of the Commission’s annual report; |
| --- | --- |

(iii)

Tasks

Upon the request of the Council, the Commission or Parliament, the FRA should be able to carry out, in particular, independent scientific research, surveys, and preparatory and feasibility studies, and to formulate and publish conclusions and opinions on specific thematic topics, including country-specific assessments and opinions on legislative proposals at different stages of the legislative process and on proceedings under Article 7 TEU; this should also be possible on the initiative of the FRA, and not only upon the request of an EU institution; furthermore, individual Member States or a group of Member States should have a right of initiative; the FRA’s active role in the future EU mechanism on democracy, the rule of law and fundamental rights should be included in the regulation as a body which, in cooperation with a panel of independent experts, identifies the main positive and negative developments in each Member State in an impartial manner and contributes to, among other things, the preparation of the Commission’s annual report;

| 6. | Instructs its President to forward this resolution to the Council and the Commission. |
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6.

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(1)  OJ L 53, 22.2.2007, p. 1.

(2)  OJ L 433 I, 22.12.2020, p. 1.

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