# Official Journal C 286E/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.CE2009.286.eng |
| --- | --- |
| Official Journal
  of the European Union | C 286E |
| | |
| English edition | Information and Notices | Volume 5227 November 2009 |

ISSN 1725-2423

doi:10.3000/17252423.CE2009.286.eng

Official Journal

of the European Union

C 286E

English edition

Information and Notices

Volume 5227 November 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | European Parliament2008-2009 SESSIONSittings of 17 to 19 June 2008TEXTS ADOPTEDThe Minutes of this session have been published in OJ C 207 E, 14.8.2008. |
| | |
| | RESOLUTIONS |
| | European Parliament |
| | Tuesday 17 June 2008 |
| 2009/C 286E/01 | The impact of cohesion policy on the integration of vulnerable communities and groupsEuropean Parliament resolution of 17 June 2008 on the impact of cohesion policy on the integration of vulnerable communities and groups (2007/2191(INI)) | 1 |
| 2009/C 286E/02 | Policy coherence for development and the effects of the EU's exploitation of certain biological natural resources on development in West AfricaEuropean Parliament resolution of 17 June 2008 on policy coherence for development and the effects of the EU's exploitation of certain biological natural resources on development in West Africa (2007/2183(INI)) | 5 |
| | Wednesday 18 June 2008 |
| 2009/C 286E/03 | Missing persons in Cyprus — Follow-upEuropean Parliament resolution of 18 June 2008 on Missing persons in Cyprus — Follow-up to the European Parliament resolution of 15 March 2007 (2007/2280(INI)) | 13 |
| | Thursday 19 June 2008 |
| 2009/C 286E/04 | European Union's disaster response capacityEuropean Parliament resolution of 19 June 2008 on stepping up the Union's disaster response capacity | 15 |
| 2009/C 286E/05 | Fortieth anniversary of the Customs UnionEuropean Parliament resolution of 19 June 2008 on the fortieth anniversary of the Customs Union | 20 |
| 2009/C 286E/06 | Towards a European Charter on the Rights of Energy ConsumersEuropean Parliament resolution of 19 June 2008 on Towards a European Charter on the Rights of Energy Consumers (2008/2006(INI)) | 24 |
| 2009/C 286E/07 | Imports of poultry carcassesEuropean Parliament resolution of 19 June 2008 on imports of poultry carcasses | 30 |
| 2009/C 286E/08 | Crisis in the fisheries sectorEuropean Parliament resolution of 19 June 2008 on the crisis in the fisheries sector caused by rising fuel prices | 32 |
| 2009/C 286E/09 | EU-Russia Summit 26-27 June 2008European Parliament resolution of 19 June 2008 on the EU-Russia Summit of 26-27 June 2008 in Khanty-Mansiysk | 35 |
| 2009/C 286E/10 | Future of the sheep/lamb and goat sector in EuropeEuropean Parliament resolution of 19 June 2008 on the future of the sheep/lamb and goat sector in Europe (2007/2192(INI)) | 41 |
| 2009/C 286E/11 | Towards Europe-wide Safer, Cleaner and Efficient Mobility: The First Intelligent Car ReportEuropean Parliament resolution of 19 June 2008 on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Towards Europe-wide Safer, Cleaner and Efficient Mobility: The First Intelligent Car Report (2007/2259(INI)) | 45 |
| 2009/C 286E/12 | BurmaEuropean Parliament resolution of 19 June 2008 on the continued detention of political prisoners in Burma | 49 |
| 2009/C 286E/13 | SomaliaEuropean Parliament resolution of 19 June 2008 on the routine killing of civilians in Somalia | 52 |
| 2009/C 286E/14 | IranEuropean Parliament resolution of 19 June 2008 on Iran | 54 |
| | |
| | European Parliament |
| | Tuesday 17 June 2008 |
| 2009/C 286E/15 | European Network and Information Security Agency ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration (COM(2007)0861 — C6-0003/2008 — 2007/0291(COD)) | 56 |
| P6_TC1-COD(2007)0291Position of the European Parliament adopted at first reading on 17 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration | 56 |
| 2009/C 286E/16 | Lighting and light-signalling devices on two or three-wheel motor vehicles (codified version) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on the installation of lighting and light-signalling devices on two or three-wheel motor vehicles (codified version) (COM(2007)0768 — C6-0449/2007 — 2007/0270(COD)) | 57 |
| 2009/C 286E/17 | Lighting and light-signalling devices on wheeled agricultural or forestry tractors (codified version) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on the component type-approval of lighting and light-signalling devices on wheeled agricultural or forestry tractors (codified version) (COM(2007)0840 — C6-0004/2008 — 2007/0284(COD)) | 58 |
| 2009/C 286E/18 | Roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (codified version) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (codified version) (COM(2008)0025 — C6-0044/2008 — 2008/0008(COD)) | 59 |
| 2009/C 286E/19 | Mergers of public limited liability companies (codified version) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council concerning mergers of public limited liability companies (codified version) (COM(2008)0026 — C6-0045/2008 — 2008/0009(COD)) | 60 |
| 2009/C 286E/20 | Legal protection of computer programs (codified version) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on the legal protection of computer programs (codified version) (COM(2008)0023 — C6-0042/2008 — 2008/0019(COD)) | 61 |
| 2009/C 286E/21 | Reciprocal recognition of navigability licences for inland waterway vessels (codified version) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on reciprocal recognition of navigability licences for inland waterway vessels (codified version) (COM(2008)0037 — C6-0048/2008 — 2008/0021(COD)) | 61 |
| 2009/C 286E/22 | Safeguards by Member States within the meaning of the second paragraph of Article 48 of the Treaty (codified version) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards equivalent (codified version) (COM(2008)0039 — C6-0050/2008 — 2008/0022(COD)) | 62 |
| 2009/C 286E/23 | Veterinary checks in intra-Community trade (codified version) *European Parliament legislative resolution of 17 June 2008 on the proposal for a Council directive concerning veterinary checks in intra-Community trade (codified version) (COM(2008)0099 — C6-0135/2008 — 2008/0037(CNS)) | 63 |
| 2009/C 286E/24 | Marketing of material for the vegetative propagation of the vine (codified version) *European Parliament legislative resolution of 17 June 2008 on the proposal for a Council directive on the marketing of material for the vegetative propagation of the vine (codified version) (COM(2008)0091 — C6-0136/2008 — 2008/0039(CNS)) | 63 |
| 2009/C 286E/25 | Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (recast) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (recast) (COM(2007)0735 — C6-0441/2007 — 2007/0253(COD)) | 64 |
| 2009/C 286E/26 | Nominal catch statistics in certain areas other than those of the North Atlantic (recast) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a regulation of the European Parliament and of the Council on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (recast) (COM(2007)0760 — C6-0443/2007 — 2007/0260(COD)) | 65 |
| 2009/C 286E/27 | Catch and activity statistics in the Northwest Atlantic (recast) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a regulation of the European Parliament and of the Council on the submission of catch and activity statistics by Member States fishing in the Northwest Atlantic (recast) (COM(2007)0762 — C6-0444/2007 — 2007/0264(COD)) | 66 |
| 2009/C 286E/28 | Nominal catch statistics in the north-east Atlantic (recast) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a regulation of the European Parliament and of the Council on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (recast) (COM(2007)0763 — C6-0440/2007 — 2007/0268(COD)) | 67 |
| 2009/C 286E/29 | Textile names (recast) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on textile names (recast) (COM(2007)0870 — C6-0024/2008 — 2008/0005(COD)) | 68 |
| 2009/C 286E/30 | Accession of Bulgaria and Romania to the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises *European Parliament legislative resolution of 17 June 2008 on the recommendation for a Council decision concerning the accession of Bulgaria and Romania to the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (COM(2007)0839 — C6-0028/2008 — 2007/0283(CNS)) | 69 |
| 2009/C 286E/31 | Exchanges between the Member States of information extracted from the criminal record *European Parliament legislative resolution of 17 June 2008 on the proposal for a Council framework decision on the organisation and content of the exchange of information extracted from criminal records between Member States (5968/2008 — C6-0067/2008 — 2005/0267(CNS)) | 70 |
| 2009/C 286E/32 | Protection of the euro against counterfeiting *European Parliament legislative resolution of 17 June 2008 on the proposal for a Council regulation amending Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting (COM(2007)0525 — C6-0431/2007 — 2007/0192(CNS)) | 76 |
| 2009/C 286E/33 | Amendment of the Rules of Procedure of the Court of Justice to specify the language rules which are to apply to the review procedure *European Parliament legislative resolution of 17 June 2008 on the draft Council decision amending the Rules of Procedure of the Court of Justice to specify the language rules which are to apply to the review procedure (5953/2008 — C6-0066/2008 — 2008/0801(CNS)) | 80 |
| 2009/C 286E/34 | Revision of the framework directive on waste ***IIEuropean Parliament legislative resolution of 17 June 2008 on the Council common position with a view to the adoption of a directive of the European Parliament and of the Council on waste and repealing certain Directives (11406/4/2007 — C6-0056/2008 — 2005/0281(COD)) | 81 |
| P6_TC2-COD(2005)0281Position of the European Parliament adopted at second reading on 17 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on waste and repealing certain Directives | 82 |
| 2009/C 286E/35 | Environmental quality standards in the field of water policy ***IIEuropean Parliament legislative resolution of 17 June 2008 on the Council common position with a view to the adoption of a directive of the European Parliament and of the Council on environmental quality standards in the field of water policy and amending Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and 2000/60/EC (11486/3/2007 — C6-0055/2008 — 2006/0129(COD)) | 82 |
| P6_TC2-COD(2006)0129Position of the European Parliament adopted at second reading on 17 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on environmental quality standards in the field of water policy, amending and subsequently repealing Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC | 82 |
| 2009/C 286E/36 | Minimum level of training of seafarers (recast) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on the minimum level of training of seafarers (recast) (COM(2007)0610 — C6-0348/2007 — 2007/0219(COD)) | 83 |
| P6_TC1-COD(2007)0219Position of the European Parliament adopted at first reading on 17 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on the minimum level of training of seafarers (Recast) | 83 |
| 2009/C 286E/37 | Establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a regulation of the European Parliament and of the Council laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, and repealing Regulation (EEC) No 2377/90 (COM(2007)0194 — C6-0113/2007 — 2007/0064(COD)) | 84 |
| P6_TC1-COD(2007)0064Position of the European Parliament adopted at first reading on 17 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, and repealing Regulation (EEC) No 2377/90 | 84 |
| 2009/C 286E/38 | European Year for Combating Poverty and Social Exclusion ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a decision of the European Parliament and of the Council on the European Year for Combating Poverty and Social Exclusion (2010) (COM(2007)0797 — C6-0469/2007 — 2007/0278(COD)) | 99 |
| P6_TC1-COD(2007)0278Position of the European Parliament adopted at first reading on 17 June 2008 with a view to the adoption of Decision No .../2008/EC of the European Parliament and of the Council on the European Year for Combating Poverty and Social Exclusion (2010) | 99 |
| 2009/C 286E/39 | Adoption by Slovakia of the single currency on 1 January 2009 *European Parliament legislative resolution of 17 June 2008 on the proposal for a Council decision in accordance with Article 122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009 (COM(2008)0249 — C6-0198/2008 — 2008/0092(CNS)) | 100 |
| | Wednesday 18 June 2008 |
| 2009/C 286E/40 | New allocation of the responsibilities of Vice-President Jacques BarrotEuropean Parliament decision of 18 June 2008 approving the new allocation of the responsibilities of Vice-President of the Commission Jacques Barrot | 103 |
| 2009/C 286E/41 | Approving the appointment of Mr Antonio Tajani as a Member of the CommissionEuropean Parliament decision of 18 June 2008 approving the appointment of Mr Antonio Tajani as a Member of the Commission | 103 |
| 2009/C 286E/42 | Common standards and procedures in Member States for returning illegally staying third-country nationals ***IEuropean Parliament legislative resolution of 18 June 2008 on the proposal for a directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals (COM(2005)0391 — C6-0266/2005 — 2005/0167(COD)) | 104 |
| P6_TC1-COD(2005)0167Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals | 105 |
| 2009/C 286E/43 | Internal market in electricity ***IEuropean Parliament legislative resolution of 18 June 2008 on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/54/EC concerning common rules for the internal market in electricity (COM(2007)0528 — C6-0316/2007 — 2007/0195(COD)) | 106 |
| P6_TC1-COD(2007)0195Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council amending Directive 2003/54/EC concerning common rules for the internal market in electricity | 106 |
| 2009/C 286E/44 | Conditions for access to the network for cross-border exchanges in electricity ***IEuropean Parliament legislative resolution of 18 June 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1228/2003 on conditions for access to the network for cross-border exchanges in electricity (COM(2007)0531 — C6-0320/2007 — 2007/0198(COD)) | 136 |
| P6_TC1-COD(2007)0198Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council amending Regulation (EC) No 1228/2003 on conditions for access to the network for cross-border exchanges in electricity | 136 |
| 2009/C 286E/45 | Agency for the Cooperation of Energy Regulators ***IEuropean Parliament legislative resolution of 18 June 2008 on the proposal for a regulation of the European Parliament and of the Council establishing an Agency for the Cooperation of Energy Regulators (COM(2007)0530 — C6-0318/2007 — 2007/0197(COD)) | 149 |
| P6_TC1-COD(2007)0197Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on establishing an Agency for the Cooperation of Energy Regulators | 149 |
| 2009/C 286E/46 | Protection of pedestrians and other vulnerable road users ***IEuropean Parliament legislative resolution of 18 June 2008 on the proposal for a regulation of the European Parliament and of the Council on the protection of pedestrians and other vulnerable road users (COM(2007)0560 — C6-0331/2007 — 2007/0201(COD)) | 169 |
| P6_TC1-COD(2007)0201Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC | 169 |
| 2009/C 286E/47 | Adaptation of a number of instruments to the regulatory procedure with scrutiny, omnibus Regulation, Part One ***IEuropean Parliament legislative resolution of 18 June 2008 on the proposal for a regulation of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny — Part One (COM(2007)0741 — C6-0432/2007 — 2007/0262(COD)) | 170 |
| P6_TC1-COD(2007)0262Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part One | 170 |
| 2009/C 286E/48 | Adaptation of a number of instruments to the regulatory procedure with scrutiny, omnibus Regulation, Part Three ***IEuropean Parliament legislative resolution of 18 June 2008 on the proposal for a regulation of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny — Part Three (COM(2007)0822 — C6-0474/2007 — 2007/0282(COD)) | 171 |
| 2009/C 286E/49 | Autonomous Community tariff quotas on imports of certain fishery products into the Canary Islands *European Parliament legislative resolution of 18 June 2008 on the proposal for a Council regulation opening and providing for the administration of autonomous Community tariff quotas on imports of certain fishery products into the Canary Islands (COM(2008)0129 — C6-0153/2008 — 2008/0054(CNS)) | 171 |
| 2009/C 286E/50 | Statute of the European OmbudsmanEuropean Parliament resolution of 18 June 2008 on the adoption of a decision of the European Parliament amending its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (2006/2223(INI)) | 172 |
| Decision of the European Parliament amending Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties | 173 |
| | Thursday 19 June 2008 |
| 2009/C 286E/51 | Inland transport of dangerous goods ***IIEuropean Parliament legislative resolution of 19 June 2008 on the common position adopted by the Council with a view to the adoption of a directive of the European Parliament and of the Council on the inland transport of dangerous goods (6920/3/2008 — C6-0160/2008 — 2006/0278(COD)) | 177 |
| 2009/C 286E/52 | Road infrastructure safety ***IEuropean Parliament legislative resolution of 19 June 2008 on the proposal for a directive of the European Parliament and of the Council on road infrastructure safety management (COM(2006)0569 — C6-0331/2006 — 2006/0182(COD)) | 178 |
| P6_TC1-COD(2006)0182Position of the European Parliament adopted at first reading on 19 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on road infrastructure safety management | 178 |

Notice No

Contents

page

European Parliament2008-2009 SESSIONSittings of 17 to 19 June 2008TEXTS ADOPTEDThe Minutes of this session have been published in OJ C 207 E, 14.8.2008.

RESOLUTIONS

European Parliament

Tuesday 17 June 2008

2009/C 286E/01

The impact of cohesion policy on the integration of vulnerable communities and groupsEuropean Parliament resolution of 17 June 2008 on the impact of cohesion policy on the integration of vulnerable communities and groups (2007/2191(INI))

1

2009/C 286E/02

Policy coherence for development and the effects of the EU's exploitation of certain biological natural resources on development in West AfricaEuropean Parliament resolution of 17 June 2008 on policy coherence for development and the effects of the EU's exploitation of certain biological natural resources on development in West Africa (2007/2183(INI))

5

Wednesday 18 June 2008

2009/C 286E/03

Missing persons in Cyprus — Follow-upEuropean Parliament resolution of 18 June 2008 on Missing persons in Cyprus — Follow-up to the European Parliament resolution of 15 March 2007 (2007/2280(INI))

13

Thursday 19 June 2008

2009/C 286E/04

European Union's disaster response capacityEuropean Parliament resolution of 19 June 2008 on stepping up the Union's disaster response capacity

15

2009/C 286E/05

Fortieth anniversary of the Customs UnionEuropean Parliament resolution of 19 June 2008 on the fortieth anniversary of the Customs Union

20

2009/C 286E/06

Towards a European Charter on the Rights of Energy ConsumersEuropean Parliament resolution of 19 June 2008 on Towards a European Charter on the Rights of Energy Consumers (2008/2006(INI))

24

2009/C 286E/07

Imports of poultry carcassesEuropean Parliament resolution of 19 June 2008 on imports of poultry carcasses

30

2009/C 286E/08

Crisis in the fisheries sectorEuropean Parliament resolution of 19 June 2008 on the crisis in the fisheries sector caused by rising fuel prices

32

2009/C 286E/09

EU-Russia Summit 26-27 June 2008European Parliament resolution of 19 June 2008 on the EU-Russia Summit of 26-27 June 2008 in Khanty-Mansiysk

35

2009/C 286E/10

Future of the sheep/lamb and goat sector in EuropeEuropean Parliament resolution of 19 June 2008 on the future of the sheep/lamb and goat sector in Europe (2007/2192(INI))

41

2009/C 286E/11

Towards Europe-wide Safer, Cleaner and Efficient Mobility: The First Intelligent Car ReportEuropean Parliament resolution of 19 June 2008 on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Towards Europe-wide Safer, Cleaner and Efficient Mobility: The First Intelligent Car Report (2007/2259(INI))

45

2009/C 286E/12

BurmaEuropean Parliament resolution of 19 June 2008 on the continued detention of political prisoners in Burma

49

2009/C 286E/13

SomaliaEuropean Parliament resolution of 19 June 2008 on the routine killing of civilians in Somalia

52

2009/C 286E/14

IranEuropean Parliament resolution of 19 June 2008 on Iran

54

European Parliament

Tuesday 17 June 2008

2009/C 286E/15

European Network and Information Security Agency ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration (COM(2007)0861 — C6-0003/2008 — 2007/0291(COD))

56

P6_TC1-COD(2007)0291Position of the European Parliament adopted at first reading on 17 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration

56

2009/C 286E/16

Lighting and light-signalling devices on two or three-wheel motor vehicles (codified version) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on the installation of lighting and light-signalling devices on two or three-wheel motor vehicles (codified version) (COM(2007)0768 — C6-0449/2007 — 2007/0270(COD))

57

2009/C 286E/17

Lighting and light-signalling devices on wheeled agricultural or forestry tractors (codified version) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on the component type-approval of lighting and light-signalling devices on wheeled agricultural or forestry tractors (codified version) (COM(2007)0840 — C6-0004/2008 — 2007/0284(COD))

58

2009/C 286E/18

Roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (codified version) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (codified version) (COM(2008)0025 — C6-0044/2008 — 2008/0008(COD))

59

2009/C 286E/19

Mergers of public limited liability companies (codified version) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council concerning mergers of public limited liability companies (codified version) (COM(2008)0026 — C6-0045/2008 — 2008/0009(COD))

60

2009/C 286E/20

Legal protection of computer programs (codified version) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on the legal protection of computer programs (codified version) (COM(2008)0023 — C6-0042/2008 — 2008/0019(COD))

61

2009/C 286E/21

Reciprocal recognition of navigability licences for inland waterway vessels (codified version) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on reciprocal recognition of navigability licences for inland waterway vessels (codified version) (COM(2008)0037 — C6-0048/2008 — 2008/0021(COD))

61

2009/C 286E/22

Safeguards by Member States within the meaning of the second paragraph of Article 48 of the Treaty (codified version) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards equivalent (codified version) (COM(2008)0039 — C6-0050/2008 — 2008/0022(COD))

62

2009/C 286E/23

Veterinary checks in intra-Community trade (codified version) *European Parliament legislative resolution of 17 June 2008 on the proposal for a Council directive concerning veterinary checks in intra-Community trade (codified version) (COM(2008)0099 — C6-0135/2008 — 2008/0037(CNS))

63

2009/C 286E/24

Marketing of material for the vegetative propagation of the vine (codified version) *European Parliament legislative resolution of 17 June 2008 on the proposal for a Council directive on the marketing of material for the vegetative propagation of the vine (codified version) (COM(2008)0091 — C6-0136/2008 — 2008/0039(CNS))

63

2009/C 286E/25

Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (recast) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (recast) (COM(2007)0735 — C6-0441/2007 — 2007/0253(COD))

64

2009/C 286E/26

Nominal catch statistics in certain areas other than those of the North Atlantic (recast) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a regulation of the European Parliament and of the Council on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (recast) (COM(2007)0760 — C6-0443/2007 — 2007/0260(COD))

65

2009/C 286E/27

Catch and activity statistics in the Northwest Atlantic (recast) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a regulation of the European Parliament and of the Council on the submission of catch and activity statistics by Member States fishing in the Northwest Atlantic (recast) (COM(2007)0762 — C6-0444/2007 — 2007/0264(COD))

66

2009/C 286E/28

Nominal catch statistics in the north-east Atlantic (recast) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a regulation of the European Parliament and of the Council on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (recast) (COM(2007)0763 — C6-0440/2007 — 2007/0268(COD))

67

2009/C 286E/29

Textile names (recast) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on textile names (recast) (COM(2007)0870 — C6-0024/2008 — 2008/0005(COD))

68

2009/C 286E/30

Accession of Bulgaria and Romania to the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises *European Parliament legislative resolution of 17 June 2008 on the recommendation for a Council decision concerning the accession of Bulgaria and Romania to the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (COM(2007)0839 — C6-0028/2008 — 2007/0283(CNS))

69

2009/C 286E/31

Exchanges between the Member States of information extracted from the criminal record *European Parliament legislative resolution of 17 June 2008 on the proposal for a Council framework decision on the organisation and content of the exchange of information extracted from criminal records between Member States (5968/2008 — C6-0067/2008 — 2005/0267(CNS))

70

2009/C 286E/32

Protection of the euro against counterfeiting *European Parliament legislative resolution of 17 June 2008 on the proposal for a Council regulation amending Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting (COM(2007)0525 — C6-0431/2007 — 2007/0192(CNS))

76

2009/C 286E/33

Amendment of the Rules of Procedure of the Court of Justice to specify the language rules which are to apply to the review procedure *European Parliament legislative resolution of 17 June 2008 on the draft Council decision amending the Rules of Procedure of the Court of Justice to specify the language rules which are to apply to the review procedure (5953/2008 — C6-0066/2008 — 2008/0801(CNS))

80

2009/C 286E/34

Revision of the framework directive on waste ***IIEuropean Parliament legislative resolution of 17 June 2008 on the Council common position with a view to the adoption of a directive of the European Parliament and of the Council on waste and repealing certain Directives (11406/4/2007 — C6-0056/2008 — 2005/0281(COD))

81

P6_TC2-COD(2005)0281Position of the European Parliament adopted at second reading on 17 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on waste and repealing certain Directives

82

2009/C 286E/35

Environmental quality standards in the field of water policy ***IIEuropean Parliament legislative resolution of 17 June 2008 on the Council common position with a view to the adoption of a directive of the European Parliament and of the Council on environmental quality standards in the field of water policy and amending Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and 2000/60/EC (11486/3/2007 — C6-0055/2008 — 2006/0129(COD))

82

P6_TC2-COD(2006)0129Position of the European Parliament adopted at second reading on 17 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on environmental quality standards in the field of water policy, amending and subsequently repealing Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC

82

2009/C 286E/36

Minimum level of training of seafarers (recast) ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on the minimum level of training of seafarers (recast) (COM(2007)0610 — C6-0348/2007 — 2007/0219(COD))

83

P6_TC1-COD(2007)0219Position of the European Parliament adopted at first reading on 17 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on the minimum level of training of seafarers (Recast)

83

2009/C 286E/37

Establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a regulation of the European Parliament and of the Council laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, and repealing Regulation (EEC) No 2377/90 (COM(2007)0194 — C6-0113/2007 — 2007/0064(COD))

84

P6_TC1-COD(2007)0064Position of the European Parliament adopted at first reading on 17 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, and repealing Regulation (EEC) No 2377/90

84

2009/C 286E/38

European Year for Combating Poverty and Social Exclusion ***IEuropean Parliament legislative resolution of 17 June 2008 on the proposal for a decision of the European Parliament and of the Council on the European Year for Combating Poverty and Social Exclusion (2010) (COM(2007)0797 — C6-0469/2007 — 2007/0278(COD))

99

P6_TC1-COD(2007)0278Position of the European Parliament adopted at first reading on 17 June 2008 with a view to the adoption of Decision No .../2008/EC of the European Parliament and of the Council on the European Year for Combating Poverty and Social Exclusion (2010)

99

2009/C 286E/39

Adoption by Slovakia of the single currency on 1 January 2009 *European Parliament legislative resolution of 17 June 2008 on the proposal for a Council decision in accordance with Article 122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009 (COM(2008)0249 — C6-0198/2008 — 2008/0092(CNS))

100

Wednesday 18 June 2008

2009/C 286E/40

New allocation of the responsibilities of Vice-President Jacques BarrotEuropean Parliament decision of 18 June 2008 approving the new allocation of the responsibilities of Vice-President of the Commission Jacques Barrot

103

2009/C 286E/41

Approving the appointment of Mr Antonio Tajani as a Member of the CommissionEuropean Parliament decision of 18 June 2008 approving the appointment of Mr Antonio Tajani as a Member of the Commission

103

2009/C 286E/42

Common standards and procedures in Member States for returning illegally staying third-country nationals ***IEuropean Parliament legislative resolution of 18 June 2008 on the proposal for a directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals (COM(2005)0391 — C6-0266/2005 — 2005/0167(COD))

104

P6_TC1-COD(2005)0167Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals

105

2009/C 286E/43

Internal market in electricity ***IEuropean Parliament legislative resolution of 18 June 2008 on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/54/EC concerning common rules for the internal market in electricity (COM(2007)0528 — C6-0316/2007 — 2007/0195(COD))

106

P6_TC1-COD(2007)0195Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council amending Directive 2003/54/EC concerning common rules for the internal market in electricity

106

2009/C 286E/44

Conditions for access to the network for cross-border exchanges in electricity ***IEuropean Parliament legislative resolution of 18 June 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1228/2003 on conditions for access to the network for cross-border exchanges in electricity (COM(2007)0531 — C6-0320/2007 — 2007/0198(COD))

136

P6_TC1-COD(2007)0198Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council amending Regulation (EC) No 1228/2003 on conditions for access to the network for cross-border exchanges in electricity

136

2009/C 286E/45

Agency for the Cooperation of Energy Regulators ***IEuropean Parliament legislative resolution of 18 June 2008 on the proposal for a regulation of the European Parliament and of the Council establishing an Agency for the Cooperation of Energy Regulators (COM(2007)0530 — C6-0318/2007 — 2007/0197(COD))

149

P6_TC1-COD(2007)0197Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on establishing an Agency for the Cooperation of Energy Regulators

149

2009/C 286E/46

Protection of pedestrians and other vulnerable road users ***IEuropean Parliament legislative resolution of 18 June 2008 on the proposal for a regulation of the European Parliament and of the Council on the protection of pedestrians and other vulnerable road users (COM(2007)0560 — C6-0331/2007 — 2007/0201(COD))

169

P6_TC1-COD(2007)0201Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC

169

2009/C 286E/47

Adaptation of a number of instruments to the regulatory procedure with scrutiny, omnibus Regulation, Part One ***IEuropean Parliament legislative resolution of 18 June 2008 on the proposal for a regulation of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny — Part One (COM(2007)0741 — C6-0432/2007 — 2007/0262(COD))

170

P6_TC1-COD(2007)0262Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part One

170

2009/C 286E/48

Adaptation of a number of instruments to the regulatory procedure with scrutiny, omnibus Regulation, Part Three ***IEuropean Parliament legislative resolution of 18 June 2008 on the proposal for a regulation of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny — Part Three (COM(2007)0822 — C6-0474/2007 — 2007/0282(COD))

171

2009/C 286E/49

Autonomous Community tariff quotas on imports of certain fishery products into the Canary Islands *European Parliament legislative resolution of 18 June 2008 on the proposal for a Council regulation opening and providing for the administration of autonomous Community tariff quotas on imports of certain fishery products into the Canary Islands (COM(2008)0129 — C6-0153/2008 — 2008/0054(CNS))

171

2009/C 286E/50

Statute of the European OmbudsmanEuropean Parliament resolution of 18 June 2008 on the adoption of a decision of the European Parliament amending its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (2006/2223(INI))

172

Decision of the European Parliament amending Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties

173

Thursday 19 June 2008

2009/C 286E/51

Inland transport of dangerous goods ***IIEuropean Parliament legislative resolution of 19 June 2008 on the common position adopted by the Council with a view to the adoption of a directive of the European Parliament and of the Council on the inland transport of dangerous goods (6920/3/2008 — C6-0160/2008 — 2006/0278(COD))

177

2009/C 286E/52

Road infrastructure safety ***IEuropean Parliament legislative resolution of 19 June 2008 on the proposal for a directive of the European Parliament and of the Council on road infrastructure safety management (COM(2006)0569 — C6-0331/2006 — 2006/0182(COD))

178

P6_TC1-COD(2006)0182Position of the European Parliament adopted at first reading on 19 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on road infrastructure safety management

178

| Key to symbols used






  - | Consultation procedure |
| --- | --- |
| **I | Cooperation procedure: first reading |
| **II | Cooperation procedure: second reading |
| *** | Assent procedure |
| ***I | Codecision procedure: first reading |
| ***II | Codecision procedure: second reading |
| ***III | Codecision procedure: third reading |

Key to symbols used

*

Consultation procedure

**I

Cooperation procedure: first reading

**II

Cooperation procedure: second reading

***

Assent procedure

***I

Codecision procedure: first reading

***II

Codecision procedure: second reading

***III

Codecision procedure: third reading

(The type of procedure is determined by the legal basis proposed by the Commission.)

Political amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▐ .

Technical corrections and adaptations by the services: new or replacement text is highlighted in italics and deletions are indicated by the symbol ║.

| EN | |
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EN

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European Parliament2008-2009 SESSIONSittings of 17 to 19 June 2008TEXTS ADOPTEDThe Minutes of this session have been published in OJ C 207 E, 14.8.2008.

RESOLUTIONS

European Parliament

Tuesday 17 June 2008

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/1 |
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27.11.2009

EN

Official Journal of the European Union

CE 286/1

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Tuesday 17 June 2008The impact of cohesion policy on the integration of vulnerable communities and groups

P6_TA(2008)0288

European Parliament resolution of 17 June 2008 on the impact of cohesion policy on the integration of vulnerable communities and groups (2007/2191(INI))

2009/C 286 E/01

The European Parliament,

having regard to Articles 87(3), 137 and 158 of the EC Treaty,

having regard to Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (1),

having regard to the Commission communication of 5 July 2005 entitled Cohesion Policy in Support of Growth and Jobs: Community Strategic Guidelines, 2007-2013 (COM(2005)0299),

having regard to the Commission communication of 9 February 2005 on the Social Agenda (COM(2005)0033)

having regard to Council Decision 2006/702/EC of 6 October 2006 on Community strategic guidelines on cohesion (2),

having regard to the Commission communication of 17 May 2005 entitled Third progress report on cohesion: Towards a new partnership for growth, jobs and cohesion (COM(2005)0192),

having regard to the Commission communication of 12 June 2006 entitled The Growth and Jobs Strategy and the Reform of European Cohesion Policy: Fourth progress report on cohesion (COM(2006)0281),

having regard to the Territorial Agenda of the EU, the Leipzig Charter on Sustainable European Cities, and the First Action Programme for the implementation of the Territorial Agenda of the European Union,

having regard to the preparation by the Commission of the Green paper on Territorial Cohesion,

having regard to the report by the European Spatial Planning Observatory Network (ESPON) entitled Territorial Futures — Spatial scenarios for Europe and that of the European Parliament entitled Regional Disparities and Cohesion: what Strategies for the Future?

having regard to Articles 3, 13 and 141 of the EC Treaty, which require the Member States to ensure equal opportunities for all citizens,

having regard to its resolution of 31 January 2008 on a European strategy on the Roma (3),

having regard to Rule 45 of its Rules of Procedure,

having regard to the report of the Committee on Regional Development and the opinion of the Committee on Agriculture and Rural Development (A6-0212/2008),

| A. | whereas one of the Community's goals, as laid down in Article 158 of the EC Treaty, is to promote harmonious economic and social development across the whole of the Community and reduce socio-economic disparities between individual regions, |
| --- | --- |

A.

whereas one of the Community's goals, as laid down in Article 158 of the EC Treaty, is to promote harmonious economic and social development across the whole of the Community and reduce socio-economic disparities between individual regions,

| B. | Whereas disparities may arise within as well as between regions, |
| --- | --- |

B.

Whereas disparities may arise within as well as between regions,

| C. | whereas addressing social, economic and territorial disparities between the more prosperous and the poorest regions remains the underlying objective of cohesion policy and whereas its scope should therefore not be reduced to supporting the objectives of other strategies, which could hamper economic, social and territorial cohesion, |
| --- | --- |

C.

whereas addressing social, economic and territorial disparities between the more prosperous and the poorest regions remains the underlying objective of cohesion policy and whereas its scope should therefore not be reduced to supporting the objectives of other strategies, which could hamper economic, social and territorial cohesion,

| D. | whereas, cohesion policy has, up to now, made an effective contribution in helping the poorest regions to reduce the gap in terms of socio-economic development, |
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D.

whereas, cohesion policy has, up to now, made an effective contribution in helping the poorest regions to reduce the gap in terms of socio-economic development,

| E. | whereas entire countries still face considerable challenges to their development and convergence is unlikely to occur within the current framework 2007-2013, |
| --- | --- |

E.

whereas entire countries still face considerable challenges to their development and convergence is unlikely to occur within the current framework 2007-2013,

| F. | whereas in some Member States economic growth is concentrated around national and regional capital cities and large urban centres, leaving other areas such as rural, peripheral, island and mountain areas, with uneven socio-economic development and aggravating the vulnerability of social communities and groups within these areas, |
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F.

whereas in some Member States economic growth is concentrated around national and regional capital cities and large urban centres, leaving other areas such as rural, peripheral, island and mountain areas, with uneven socio-economic development and aggravating the vulnerability of social communities and groups within these areas,

| G. | whereas the Treaty on the Functioning of the European Union lists territorial cohesion as one of the EU's objectives and provides for shared competence between the Union and the Member States in this area, |
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G.

whereas the Treaty on the Functioning of the European Union lists territorial cohesion as one of the EU's objectives and provides for shared competence between the Union and the Member States in this area,

| H. | whereas the concept of ‘vulnerable community’ is very broad and there are no clear criteria for defining it, |
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H.

whereas the concept of ‘vulnerable community’ is very broad and there are no clear criteria for defining it,

| I. | whereas many territories still suffer the ill effects of remoteness and of their geographical disadvantages and lack the necessary infrastructure for real development opportunities for catching up with the average level of development in the EU, |
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I.

whereas many territories still suffer the ill effects of remoteness and of their geographical disadvantages and lack the necessary infrastructure for real development opportunities for catching up with the average level of development in the EU,

| J. | whereas improving transport infrastructure and access to transport will help to make isolated regions more accessible, while also alleviating the exclusion of communities and groups living in these remote areas, and whereas improving services of general interest, particularly education, will improve the lives of vulnerable groups and communities, |
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J.

whereas improving transport infrastructure and access to transport will help to make isolated regions more accessible, while also alleviating the exclusion of communities and groups living in these remote areas, and whereas improving services of general interest, particularly education, will improve the lives of vulnerable groups and communities,

| K. | whereas the poorest countries and regions lack the necessary financial resources to provide their own contribution to the Community funding for which they are eligible and, moreover, most often lack the administrative capacity and human resources to make good use of the funding granted, |
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K.

whereas the poorest countries and regions lack the necessary financial resources to provide their own contribution to the Community funding for which they are eligible and, moreover, most often lack the administrative capacity and human resources to make good use of the funding granted,

| L. | whereas, due to its strong territorial impact, it is necessary to better coordinate rural development policy with regional policy in order to foster synergies and complementarities between these policies and to consider the advantages and disadvantages of reintegrating these policies, |
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L.

whereas, due to its strong territorial impact, it is necessary to better coordinate rural development policy with regional policy in order to foster synergies and complementarities between these policies and to consider the advantages and disadvantages of reintegrating these policies,

| M. | whereas there is a lack of available and comparable micro-regional statistical data for the regions of the EU where vulnerable communities and groups live, |
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M.

whereas there is a lack of available and comparable micro-regional statistical data for the regions of the EU where vulnerable communities and groups live,

| N. | whereas poverty and exclusion have a strong territorial character, |
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N.

whereas poverty and exclusion have a strong territorial character,

| O. | whereas most of the least favoured micro-regional territories are facing complex multi-dimensional problems relating to their peripheral location, reduced accessibility, lack of basic infrastructure, socio-economic under-development, tendency to de-industrialisation, low levels of education and training, lack of administrative capacity, high levels of unemployment, deteriorating housing and living conditions, difficult access to services of general interest, lack of conditions for technological development and progress and large populations of segregated minorities and vulnerable groups, |
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O.

whereas most of the least favoured micro-regional territories are facing complex multi-dimensional problems relating to their peripheral location, reduced accessibility, lack of basic infrastructure, socio-economic under-development, tendency to de-industrialisation, low levels of education and training, lack of administrative capacity, high levels of unemployment, deteriorating housing and living conditions, difficult access to services of general interest, lack of conditions for technological development and progress and large populations of segregated minorities and vulnerable groups,

| P. | whereas cohesion policy requires a budget commensurate with its objectives and efficient instruments enabling regions to overcome development disparities and to cope with territorial challenges including demographic change, urban concentration, migratory movements, globalisation, climate change and energy supply; |
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P.

whereas cohesion policy requires a budget commensurate with its objectives and efficient instruments enabling regions to overcome development disparities and to cope with territorial challenges including demographic change, urban concentration, migratory movements, globalisation, climate change and energy supply;

| 1. | Stresses that the territorial concentration of vulnerable communities and groups and the social exclusion affecting the most underdeveloped regions is an increasing challenge to cohesion in the EU; emphasises, moreover, that this phenomenon is not only inter-regional in underdeveloped areas but also intra-regional, to a significant extent, in both developing and developed areas, and requires particular attention because such vulnerable communities and groups tend to lose visibility within a more general, favourable picture; |
| --- | --- |

1.

Stresses that the territorial concentration of vulnerable communities and groups and the social exclusion affecting the most underdeveloped regions is an increasing challenge to cohesion in the EU; emphasises, moreover, that this phenomenon is not only inter-regional in underdeveloped areas but also intra-regional, to a significant extent, in both developing and developed areas, and requires particular attention because such vulnerable communities and groups tend to lose visibility within a more general, favourable picture;

| 2. | Calls on the Member States to determine the criteria defining vulnerable communities and groups in order to better identify the problems they face and to facilitate targeted and systematic measures; |
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2.

Calls on the Member States to determine the criteria defining vulnerable communities and groups in order to better identify the problems they face and to facilitate targeted and systematic measures;

| 3. | Considers that the territorial dimension of social exclusion should be dealt with in the context of territorial cohesion policy; |
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3.

Considers that the territorial dimension of social exclusion should be dealt with in the context of territorial cohesion policy;

| 4. | Emphasises in this connection that individual actions alone are not sufficient to overcome the territorial problems of social exclusion and recommends therefore that the Member States apply a holistic territorial development strategy, carrying out an equalizing policy, putting the cross-sector integrated approach into practice and focusing on the potential of all EU territories; |
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4.

Emphasises in this connection that individual actions alone are not sufficient to overcome the territorial problems of social exclusion and recommends therefore that the Member States apply a holistic territorial development strategy, carrying out an equalizing policy, putting the cross-sector integrated approach into practice and focusing on the potential of all EU territories;

| 5. | Points to the need to address through an integrated approach the shortcomings in terms of equal opportunities and the potential concentration of social conflicts in underdeveloped areas; |
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5.

Points to the need to address through an integrated approach the shortcomings in terms of equal opportunities and the potential concentration of social conflicts in underdeveloped areas;

| 6. | Notes, in this regard, that vulnerable groups may exist in all regions, even the more prosperous ones, and that an integrated approach should take such groups into account; |
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6.

Notes, in this regard, that vulnerable groups may exist in all regions, even the more prosperous ones, and that an integrated approach should take such groups into account;

| 7. | Points out that impoverishment and exclusion are not unique to urban areas but also affect rural areas, even though they may assume specific forms in those areas, particularly on account of the fact that, in rural areas, social exclusion is compounded by territorial exclusion and since the exclusion of those areas from economic development means that all the social groups living there are affected; |
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7.

Points out that impoverishment and exclusion are not unique to urban areas but also affect rural areas, even though they may assume specific forms in those areas, particularly on account of the fact that, in rural areas, social exclusion is compounded by territorial exclusion and since the exclusion of those areas from economic development means that all the social groups living there are affected;

| 8. | Stresses the importance, in the framework of an integrated approach, to make the development of a healthy environment at Community, Member State and regional levels a priority in order to achieve the aims of cohesion policy, such as fighting poverty, the sound health of citizens and a better quality of life in all regions, which are crucial to long-term development and social, economic and territorial cohesion in the EU; |
| --- | --- |

8.

Stresses the importance, in the framework of an integrated approach, to make the development of a healthy environment at Community, Member State and regional levels a priority in order to achieve the aims of cohesion policy, such as fighting poverty, the sound health of citizens and a better quality of life in all regions, which are crucial to long-term development and social, economic and territorial cohesion in the EU;

| 9. | Emphasises the importance of involving regional and local authorities as well as the economic and social partners and relevant NGOs in the planning and implementation of integrated development strategies and the importance of supporting bottom-up initiatives; |
| --- | --- |

9.

Emphasises the importance of involving regional and local authorities as well as the economic and social partners and relevant NGOs in the planning and implementation of integrated development strategies and the importance of supporting bottom-up initiatives;

| 10. | Calls on the Commission and the Member States to allocate resources between developed cities and isolated territories, including rural areas, in a way that is adapted to their specific needs and to establish tailor-made long-term programmes for specific vulnerable communities and groups, with the participation of local authorities, relevant social and economic partners and representatives of the relevant population groups in the decision-making process and in the implementation of such programmes in order to best address their needs and bring about genuine solutions to overcome exclusion and its consequences; |
| --- | --- |

10.

Calls on the Commission and the Member States to allocate resources between developed cities and isolated territories, including rural areas, in a way that is adapted to their specific needs and to establish tailor-made long-term programmes for specific vulnerable communities and groups, with the participation of local authorities, relevant social and economic partners and representatives of the relevant population groups in the decision-making process and in the implementation of such programmes in order to best address their needs and bring about genuine solutions to overcome exclusion and its consequences;

| 11. | Calls for the continuance of income-generating activities in rural areas, for which purpose particular attention should be devoted to family farming and to small and medium-sized farmers, with the CAP being revised in order to make it fairer, as well as to non-agricultural entrepreneurial activities which supply goods and services that are essential to maintaining the population and welcoming new arrivals; |
| --- | --- |

11.

Calls for the continuance of income-generating activities in rural areas, for which purpose particular attention should be devoted to family farming and to small and medium-sized farmers, with the CAP being revised in order to make it fairer, as well as to non-agricultural entrepreneurial activities which supply goods and services that are essential to maintaining the population and welcoming new arrivals;

| 12. | Stresses the importance of agricultural and non-agricultural economic activities (such as processing and direct marketing of agricultural products, tourism, services, small and medium-sized industries) in rural areas in providing employment, preventing poverty and stemming the rural exodus; calls, therefore, for improved facilities for further vocational training in rural areas to support the development of businesses; |
| --- | --- |

12.

Stresses the importance of agricultural and non-agricultural economic activities (such as processing and direct marketing of agricultural products, tourism, services, small and medium-sized industries) in rural areas in providing employment, preventing poverty and stemming the rural exodus; calls, therefore, for improved facilities for further vocational training in rural areas to support the development of businesses;

| 13. | Urges the Commission and the Member States to make greater use of the synergies and complementarities of the various financial instruments available, such as the European Regional Development Fund, the Cohesion Fund, the European Social Fund, the European Integration Fund, the programme of Community action on public health and the European Agricultural Fund for Rural Development, in order to increase their added value; |
| --- | --- |

13.

Urges the Commission and the Member States to make greater use of the synergies and complementarities of the various financial instruments available, such as the European Regional Development Fund, the Cohesion Fund, the European Social Fund, the European Integration Fund, the programme of Community action on public health and the European Agricultural Fund for Rural Development, in order to increase their added value;

| 14. | Calls on the Commission to present, in the framework of the forthcoming Green Paper on Territorial Cohesion, an objective for and a clear definition of territorial cohesion, the criteria determining it, its instruments and the means available for achieving territorial targets; |
| --- | --- |

14.

Calls on the Commission to present, in the framework of the forthcoming Green Paper on Territorial Cohesion, an objective for and a clear definition of territorial cohesion, the criteria determining it, its instruments and the means available for achieving territorial targets;

| 15. | Calls on the Commission and the Member States to produce comparable micro-regional statistical data, with special regard to social indicators, such as the Human Development Index established by the United Nations, in order to address with appropriate measures the situation in the areas where the most vulnerable communities and groups live and the problems they face; |
| --- | --- |

15.

Calls on the Commission and the Member States to produce comparable micro-regional statistical data, with special regard to social indicators, such as the Human Development Index established by the United Nations, in order to address with appropriate measures the situation in the areas where the most vulnerable communities and groups live and the problems they face;

| 16. | Calls on the Commission in this connection to carefully examine the extent to which new quantifiable development indicators in addition to GDP per capita, such as social indicators, should also be used in order to identify the most vulnerable communities and groups and their location, reveal disparities between and within regions, evaluate implementation and policy efficiency and be used as guidance for development planning; |
| --- | --- |

16.

Calls on the Commission in this connection to carefully examine the extent to which new quantifiable development indicators in addition to GDP per capita, such as social indicators, should also be used in order to identify the most vulnerable communities and groups and their location, reveal disparities between and within regions, evaluate implementation and policy efficiency and be used as guidance for development planning;

| 17. | Urges the Commission to examine, in the framework of the Green Paper on territorial cohesion, whether the NUTS 4 level would be appropriate for pursing a differentiated policy to achieve the objective of territorial cohesion; |
| --- | --- |

17.

Urges the Commission to examine, in the framework of the Green Paper on territorial cohesion, whether the NUTS 4 level would be appropriate for pursing a differentiated policy to achieve the objective of territorial cohesion;

| 18. | Emphasises the need to address the demographic trends of further urban concentration and rural exodus and their territorial impact; calls therefore on the Member States to draw up strategies to revitalise vulnerable areas by developing infrastructure, fostering real development opportunities in accordance with their specific potentials, maintaining services of general interest through enhanced local administrative capacities and the decentralisation of the public sector, offering appropriate training and employment opportunities, improving housing and living conditions and increasing the attractiveness of those areas to investors; considers that, at the same time, towns need support for their efforts to remedy urban difficulties; |
| --- | --- |

18.

Emphasises the need to address the demographic trends of further urban concentration and rural exodus and their territorial impact; calls therefore on the Member States to draw up strategies to revitalise vulnerable areas by developing infrastructure, fostering real development opportunities in accordance with their specific potentials, maintaining services of general interest through enhanced local administrative capacities and the decentralisation of the public sector, offering appropriate training and employment opportunities, improving housing and living conditions and increasing the attractiveness of those areas to investors; considers that, at the same time, towns need support for their efforts to remedy urban difficulties;

| 19. | Considers that, although rural exodus acted in the past as a safety valve for farmers excluded from their original activity, this is no longer the case, since unemployment is now seriously affecting the unskilled and thus the industrial units established in rural areas are among the first victims of restructuring and relocation operations, which have the effect of reducing the scope for the multiple activities upon which small farmers in difficulty used to be able to rely in order to supplement their income from farming, thus driving them even more rapidly into penury; |
| --- | --- |

19.

Considers that, although rural exodus acted in the past as a safety valve for farmers excluded from their original activity, this is no longer the case, since unemployment is now seriously affecting the unskilled and thus the industrial units established in rural areas are among the first victims of restructuring and relocation operations, which have the effect of reducing the scope for the multiple activities upon which small farmers in difficulty used to be able to rely in order to supplement their income from farming, thus driving them even more rapidly into penury;

| 20. | Stresses that not only structural policies should be retained after 2013, but that the budgetary review should be used as an opportunity to ensure that the necessary resources are made available in order to guarantee economic, social and territorial cohesion among regions and countries in the EU in the future; |
| --- | --- |

20.

Stresses that not only structural policies should be retained after 2013, but that the budgetary review should be used as an opportunity to ensure that the necessary resources are made available in order to guarantee economic, social and territorial cohesion among regions and countries in the EU in the future;

| 21. | Recommends that political measures taken to tackle social exclusion and make vulnerable communities and groups more active should include the element of voluntariness; |
| --- | --- |

21.

Recommends that political measures taken to tackle social exclusion and make vulnerable communities and groups more active should include the element of voluntariness;

| 22. | Calls on the Commission to present a specific proposal addressing in a realistic and specific manner the problems faced by vulnerable communities and groups, including social exclusion; |
| --- | --- |

22.

Calls on the Commission to present a specific proposal addressing in a realistic and specific manner the problems faced by vulnerable communities and groups, including social exclusion;

| 23. | Instructs its President to forward this resolution to the Council and Commission and the governments and parliaments of the Member States. |
| --- | --- |

23.

Instructs its President to forward this resolution to the Council and Commission and the governments and parliaments of the Member States.

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(1)  OJ L 210, 31.7.2006, p. 25.

(2)  OJ L 291, 21.10.2006, p. 11.

(3)  Texts Adopted, P6_TA(2008)0035.

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| 27.11.2009 | EN | Official Journal of the European Union | CE 286/5 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/5

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Tuesday 17 June 2008Policy coherence for development and the effects of the EU's exploitation of certain biological natural resources on development in West Africa

P6_TA(2008)0289

European Parliament resolution of 17 June 2008 on policy coherence for development and theeffects of the EU's exploitation of certain biological natural resources on development in West Africa (2007/2183(INI))

2009/C 286 E/02

The European Parliament,

having regard to Article 178 of the Treaty establishing the European Community,

having regard to the 2005 Joint statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: ‘The European Consensus’ (1),

having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (2), as amended by the Agreement amending the Partnership Agreement signed in Luxembourg on 25 June 2005 (3),

having regard to the Joint EU-Africa Strategy,

having regard to the first biennial Commission ‘EU Report on Policy Coherence for Development’, (COM(2007)0545), and the accompanying Commission Staff Working Paper (SEC(2007)1202),

having regard to the Council Conclusions of 21 and 22 December 2004, 24 May 2005, 10 March 2006, 11 April 2006, 17 October 2006, 5 December 2006, 15 December 2006, 19-20 November 2007,

having regard to the Commission Staff Working Paper on Policy Coherence for Development (PCD), Work Programme 2006-2007 (SEC(2006)0335),

having regard to the UN Millennium Declaration of 8 September 2000,

having regard to the Monterrey Consensus on Financing for Development of 22 March 2002,

having regard to the evaluation study on ‘The EU Institutions & Member States’ Mechanisms for Promoting Policy Coherence for Development’ published in May 2007 by the European Centre for Development Policy Management, PARTICIP GmbH, and the Complutense Institute of International Studies,

having regard to the EU Coherence Programme of the Evert Vermeer Foundation and the European NGO confederation for relief and development),

having regard to the Commission Communication entitled ‘Building a Global Climate Change Alliance between the European Union and poor developing countries most vulnerable to climate change’ (COM(2007)0540),

having regard to the outcome of the 13th Session of the Conference of Parties (COP13) to the United Nations Framework Convention on Climate Change (UNFCCC) and the Meeting of the Parties to the Kyoto Protocol held in Bali, Indonesia from 3 to 14 December 2007,

having regard to its resolution of 22 May 2007 on halting the loss of biodiversity by 2010 (4),

having regard to the Commission's proposal for an EU action plan on Forest Law Enforcement, Governance and Trade (FLEGT) of 21 May 2003 (COM(2003)0251), which was endorsed by the conclusions of the Agriculture and Fisheries Council of 13 October 2003, and the Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community (5),

having regard to its resolution of 7 July 2005 on speeding up implementation of the EU FLEGT action plan (6),

having regard to the conclusions of the Environment Council of 20 February 2007 on the EU objectives for the further development of the international climate regime beyond 2012, which ‘emphasises that concrete policies and actions are needed to halt and reverse carbon dioxide emissions from deforestation in developing countries within the next two to three decades’,

having regard to the Communication of the Commission on an ‘Integrated Framework for Fisheries Partnership Agreements with Third Countries’ of 23 December 2002 (COM(2002)0637),

having regard to the Food and Agriculture Organization (FAO) Code of Conduct for Responsible Fisheries of 1995 and the FAO International Plan of Action for the Management of Fishing Capacity 1999,

having regard to the 2005 FAO study by John Kurien entitled ‘Responsible Fish Trade and Food Security’,

having regard to the study of 16 July 2007 carried out for the European Parliament on ‘Policy Coherence for Development and the Effects of EU Fisheries Policies on Development in West Africa’,

having regard to its resolution of 25 October 2001 on Fisheries and Poverty Reduction (7),

having regard to the study ‘L'émigration irrégulière vers l'Union européenne au départ des côtes sénégalaises’ by Juliette Hallaire of September 2007, published by the International Organization for Migration,

having regard to Rule 45 of its Rules of Procedure,

having regard to the report of the Committee on Development and the opinion of the Committee on Fisheries (A6-0137/2008),

| A. | whereas the UN Millennium Declaration calls on all States to ensure policy coherence for development, |
| --- | --- |

A.

whereas the UN Millennium Declaration calls on all States to ensure policy coherence for development,

| B. | whereas the EU is strongly committed to ensuring PCD in accordance with Article 178 of the EC Treaty, which stipulates that the Community shall take account of the objectives of Community policy in the sphere of development cooperation in the policies that it implements which are likely to affect developing countries, |
| --- | --- |

B.

whereas the EU is strongly committed to ensuring PCD in accordance with Article 178 of the EC Treaty, which stipulates that the Community shall take account of the objectives of Community policy in the sphere of development cooperation in the policies that it implements which are likely to affect developing countries,

| C. | whereas paragraph 35 of the abovementioned European Consensus on Development stipulates that ‘the EU is fully committed to taking action to advance Policy Coherence for Development in a number of areas’, and that ‘it is important that non-development policies assist developing countries’ efforts in achieving the MDGs’, |
| --- | --- |

C.

whereas paragraph 35 of the abovementioned European Consensus on Development stipulates that ‘the EU is fully committed to taking action to advance Policy Coherence for Development in a number of areas’, and that ‘it is important that non-development policies assist developing countries’ efforts in achieving the MDGs’,

| D. | whereas the abovementioned biennial report of the Commission on PCD finds, among other things, that:






  — | the concept of PCD has not yet been sufficiently mainstreamed into decision-making processes, |
| --- | --- | --- |

D.

whereas the abovementioned biennial report of the Commission on PCD finds, among other things, that:

—

the concept of PCD has not yet been sufficiently mainstreamed into decision-making processes,

| — | the EU is — despite its efforts — still at an early stage of the development of an effective PCD concept, |
| --- | --- |

—

the EU is — despite its efforts — still at an early stage of the development of an effective PCD concept,

| — | the main obstacle to enhanced policy coherence are political priorities and conflicts of interest among Member States and between developing countries, |
| --- | --- |

—

the main obstacle to enhanced policy coherence are political priorities and conflicts of interest among Member States and between developing countries,

| — | there is still a lack of awareness and knowledge about PCD and the need to ensure continuous high-level political engagement, |
| --- | --- |

—

there is still a lack of awareness and knowledge about PCD and the need to ensure continuous high-level political engagement,

| — | given that fisheries are an important economic sector in coastal countries, they can play an important role in ensuring food security, |
| --- | --- |

—

given that fisheries are an important economic sector in coastal countries, they can play an important role in ensuring food security,

| E. | whereas the conclusions of the Council of 24 May 2005 contain the commitment to enhance the EU's PCD, in particular in twelve priority policy areas, including trade, fisheries, environment, climate change, migration and employment, |
| --- | --- |

E.

whereas the conclusions of the Council of 24 May 2005 contain the commitment to enhance the EU's PCD, in particular in twelve priority policy areas, including trade, fisheries, environment, climate change, migration and employment,

| F. | whereas the two most important biological natural resources exploited by the EU in West Africa are fish and timber as, according to the Commission's Directorate General for Trade, more than 80 % of the fish and timber exported by the Economic Community of West African States (ECOWAS) goes to the EU, |
| --- | --- |

F.

whereas the two most important biological natural resources exploited by the EU in West Africa are fish and timber as, according to the Commission's Directorate General for Trade, more than 80 % of the fish and timber exported by the Economic Community of West African States (ECOWAS) goes to the EU,

| G. | Whereas the UN defines West Africa as the westernmost region of Africa comprising the following 16 countries: Benin, Burkina Faso, Cap Verde, Côte d'Ivoire, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Togo (that is to say, ECOWAS plus Mauritania) (8), and whereas, moreover, Cameroon is often seen as being part of West Africa, |
| --- | --- |

G.

Whereas the UN defines West Africa as the westernmost region of Africa comprising the following 16 countries: Benin, Burkina Faso, Cap Verde, Côte d'Ivoire, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Togo (that is to say, ECOWAS plus Mauritania) (8), and whereas, moreover, Cameroon is often seen as being part of West Africa,

Policy Coherence for Development (PCD)

| 1. | Welcomes the increased attention and commitment to PCD by the Commission, the Council and the Member States, as demonstrated by the 12 PCD commitments, the biennial reporting and several other new mechanisms; |
| --- | --- |

1.

Welcomes the increased attention and commitment to PCD by the Commission, the Council and the Member States, as demonstrated by the 12 PCD commitments, the biennial reporting and several other new mechanisms;

| 2. | Stresses the importance of policy coherence as one of the EU's contributions to the achievement of the Millennium Development Goals; |
| --- | --- |

2.

Stresses the importance of policy coherence as one of the EU's contributions to the achievement of the Millennium Development Goals;

| 3. | Underlines the fact that political will and commitment to take developing countries’ interests into consideration in all the policy fields that affect them is crucial for achieving better policy coherence; |
| --- | --- |

3.

Underlines the fact that political will and commitment to take developing countries’ interests into consideration in all the policy fields that affect them is crucial for achieving better policy coherence;

| 4. | Draws attention to the strong inter-linkages between the EU's development and fisheries policies and development and timber trading policies, and stresses that measures taken in the policy areas of EU fisheries and timber have a strong impact on local sustainable development; |
| --- | --- |

4.

Draws attention to the strong inter-linkages between the EU's development and fisheries policies and development and timber trading policies, and stresses that measures taken in the policy areas of EU fisheries and timber have a strong impact on local sustainable development;

| 5. | Recalls that the abovementioned COP13 acknowledged the significant contribution of deforestation to greenhouse gas emissions and thus to climate change, and emphasised the need to support developing countries in their efforts towards the preservation and sustainable management of their forests; urges the EU and the Member States to make substantial financial contributions to international initiatives for the preservation, sustainable use and management of forests in developing countries and in particular for support to African countries; |
| --- | --- |

5.

Recalls that the abovementioned COP13 acknowledged the significant contribution of deforestation to greenhouse gas emissions and thus to climate change, and emphasised the need to support developing countries in their efforts towards the preservation and sustainable management of their forests; urges the EU and the Member States to make substantial financial contributions to international initiatives for the preservation, sustainable use and management of forests in developing countries and in particular for support to African countries;

Timber

| 6. | Is concerned that tropical deforestation is one of the drivers of climate change, responsible for about 20 % of the total human-caused greenhouse gas emissions each year, and destroying the livelihoods of millions of local and indigenous communities; |
| --- | --- |

6.

Is concerned that tropical deforestation is one of the drivers of climate change, responsible for about 20 % of the total human-caused greenhouse gas emissions each year, and destroying the livelihoods of millions of local and indigenous communities;

| 7. | Is concerned that cheap imports of illegal timber and forestry products, together with non-compliance by some industry players with basic social and environmental standards, destabilises international markets and reduces the tax revenues of producer countries; |
| --- | --- |

7.

Is concerned that cheap imports of illegal timber and forestry products, together with non-compliance by some industry players with basic social and environmental standards, destabilises international markets and reduces the tax revenues of producer countries;

| 8. | Is concerned that, according to FAO data, less than 7 % of the global forest area is eco-labelled and less than 5 % of tropical forests are managed in a sustainable way; |
| --- | --- |

8.

Is concerned that, according to FAO data, less than 7 % of the global forest area is eco-labelled and less than 5 % of tropical forests are managed in a sustainable way;

| 9. | Welcomes the fact that in West Africa, the Commission is engaged in official negotiations with Ghana and Cameroon and in preliminary discussions with Liberia, with a view to signing Voluntary Partnership Agreements (VPA) to control the legality of timber products exported directly to the European Union; |
| --- | --- |

9.

Welcomes the fact that in West Africa, the Commission is engaged in official negotiations with Ghana and Cameroon and in preliminary discussions with Liberia, with a view to signing Voluntary Partnership Agreements (VPA) to control the legality of timber products exported directly to the European Union;

| 10. | Emphasises that all forest preservation schemes, including the Forest Carbon Partnership Facility (FCPF) and FLEGT, need to safeguard the traditional and customary rights of indigenous and local communities to the use of their forests in accordance with the UN Declaration on the Rights of Indigenous People; |
| --- | --- |

10.

Emphasises that all forest preservation schemes, including the Forest Carbon Partnership Facility (FCPF) and FLEGT, need to safeguard the traditional and customary rights of indigenous and local communities to the use of their forests in accordance with the UN Declaration on the Rights of Indigenous People;

| 11. | Calls on the Commission to respond favourably to requests to finance sustainable forest management initiatives within the framework of aid programming and Country Strategy Papers; |
| --- | --- |

11.

Calls on the Commission to respond favourably to requests to finance sustainable forest management initiatives within the framework of aid programming and Country Strategy Papers;

| 12. | Calls on the Commission to present a communication determining the EU's approach, involvement and support for current and future funding mechanisms for promoting forest protection and reducing emissions from deforestation, including under the UNFCCC/Kyoto Protocol and the FCPF; this communication should outline the EU's commitment to provide funds to help developing countries to protect their forests, to finance forest protected areas and to promote economic alternatives to forest destruction; |
| --- | --- |

12.

Calls on the Commission to present a communication determining the EU's approach, involvement and support for current and future funding mechanisms for promoting forest protection and reducing emissions from deforestation, including under the UNFCCC/Kyoto Protocol and the FCPF; this communication should outline the EU's commitment to provide funds to help developing countries to protect their forests, to finance forest protected areas and to promote economic alternatives to forest destruction;

| 13. | Calls on the Commission and the Member States to speed up the implementation of the abovementioned EU FLEGT action plan and regulation aimed at combating illegal logging and related trade and enhancing the consumption of wood products produced in a sustainable way and to increase significantly the number of partner countries; |
| --- | --- |

13.

Calls on the Commission and the Member States to speed up the implementation of the abovementioned EU FLEGT action plan and regulation aimed at combating illegal logging and related trade and enhancing the consumption of wood products produced in a sustainable way and to increase significantly the number of partner countries;

| 14. | In particular, calls on the Commission to propose within this legislative period a comprehensive legislative proposal preventing the placing on the market of timber and timber products derived from illegal and destructive sources; |
| --- | --- |

14.

In particular, calls on the Commission to propose within this legislative period a comprehensive legislative proposal preventing the placing on the market of timber and timber products derived from illegal and destructive sources;

| 15. | Urges the Member States and the Commission to speed up the adoption and implementation of a green public procurement policy at EU, national and local level, which favours the purchase of eco-labelled wood products, especially those certified according to the standard of the Forest Stewardship Council; |
| --- | --- |

15.

Urges the Member States and the Commission to speed up the adoption and implementation of a green public procurement policy at EU, national and local level, which favours the purchase of eco-labelled wood products, especially those certified according to the standard of the Forest Stewardship Council;

Fish

| 16. | Stresses the high level of dependence of countries in West Africa on fisheries as a source of employment, food security, proteins, government revenues and foreign exchange, as illustrated by a current case study published by the International Organization for Migration suggesting that one of the most important causes of migration from Senegal is the decline of local fisheries industries; |
| --- | --- |

16.

Stresses the high level of dependence of countries in West Africa on fisheries as a source of employment, food security, proteins, government revenues and foreign exchange, as illustrated by a current case study published by the International Organization for Migration suggesting that one of the most important causes of migration from Senegal is the decline of local fisheries industries;

| 17. | Notes with satisfaction, and encourages, the progress made in this field, but continues to express its concern at the slowness and reluctance with which some countries in the region are becoming involved in the protection of their own resources; regrets that, despite the efforts made by the EU within the framework of the partnership agreements, the sustainability of natural biological resources, including fishery resources, and the benefits of sustainable exploitation still do not represent a priority for these countries but often remain subordinate to other political and economic interests; |
| --- | --- |

17.

Notes with satisfaction, and encourages, the progress made in this field, but continues to express its concern at the slowness and reluctance with which some countries in the region are becoming involved in the protection of their own resources; regrets that, despite the efforts made by the EU within the framework of the partnership agreements, the sustainability of natural biological resources, including fishery resources, and the benefits of sustainable exploitation still do not represent a priority for these countries but often remain subordinate to other political and economic interests;

| 18. | Urges the Commission therefore to look into the matter and the clear link between migration levels of immigrants from West African countries to the EU and the heavy decline of fish stocks off the West African coast; |
| --- | --- |

18.

Urges the Commission therefore to look into the matter and the clear link between migration levels of immigrants from West African countries to the EU and the heavy decline of fish stocks off the West African coast;

| 19. | Calls on the Commission and the governments of the West African countries to curb illegal fishing, and to monitor and control fish stocks in order to put an end to the heavy decline in fish stocks in the West African seas; |
| --- | --- |

19.

Calls on the Commission and the governments of the West African countries to curb illegal fishing, and to monitor and control fish stocks in order to put an end to the heavy decline in fish stocks in the West African seas;

| 20. | Considers that fisheries resources in West Africa represent a significant potential for local development and contribution to food security; notes with concern that according to the most recent scientific assessments by the Fishery Committee for the Eastern Central Atlantic from 2006, many stocks in West Africa are over-exploited and at least one is at risk of extinction; |
| --- | --- |

20.

Considers that fisheries resources in West Africa represent a significant potential for local development and contribution to food security; notes with concern that according to the most recent scientific assessments by the Fishery Committee for the Eastern Central Atlantic from 2006, many stocks in West Africa are over-exploited and at least one is at risk of extinction;

| 21. | Considers that an evaluation of the extent of coherence between the Community's development policy and its fisheries policy involves many aspects beyond the bilateral fisheries partnership agreements signed with several third countries in West Africa; equally important are Community policies with respect to:






  — | the monitoring, control and surveillance of the waters off West Africa and EU contributions to the fight against illegal, unreported and unregulated fishing; |
| --- | --- | --- |

21.

Considers that an evaluation of the extent of coherence between the Community's development policy and its fisheries policy involves many aspects beyond the bilateral fisheries partnership agreements signed with several third countries in West Africa; equally important are Community policies with respect to:

—

the monitoring, control and surveillance of the waters off West Africa and EU contributions to the fight against illegal, unreported and unregulated fishing;

| — | support for scientific research into fish stocks and the structure of the ecosystem; |
| --- | --- |

—

support for scientific research into fish stocks and the structure of the ecosystem;

| — | the export and re-flagging of EU vessels to West Africa; |
| --- | --- |

—

the export and re-flagging of EU vessels to West Africa;

| — | phyto-sanitary standards for the importation of fish and other non-tariff barriers to trade; |
| --- | --- |

—

phyto-sanitary standards for the importation of fish and other non-tariff barriers to trade;

| — | EU market policy and the type and quantity of fish imported from West Africa; |
| --- | --- |

—

EU market policy and the type and quantity of fish imported from West Africa;

| 22. | Asks the Commission, in the light of the not yet fully agreed and signed Economic Partnership Agreement (EPA) with the West African countries, to proceed in line with the PCD agenda when negotiating agreements for timber and fish as part of the EPA process; |
| --- | --- |

22.

Asks the Commission, in the light of the not yet fully agreed and signed Economic Partnership Agreement (EPA) with the West African countries, to proceed in line with the PCD agenda when negotiating agreements for timber and fish as part of the EPA process;

| 23. | Exhorts the Commission once again to act on the ultimate objective of the EPAs, which is advancing regional integration and strengthening the economic position of the ACP countries, and in this context stresses in particular the position of the West African countries; |
| --- | --- |

23.

Exhorts the Commission once again to act on the ultimate objective of the EPAs, which is advancing regional integration and strengthening the economic position of the ACP countries, and in this context stresses in particular the position of the West African countries;

| 24. | Considers that the EU's fisheries policy, including in its relations with West Africa, must respect the abovementioned FAO Code of Conduct for Responsible Fisheries of 1995; |
| --- | --- |

24.

Considers that the EU's fisheries policy, including in its relations with West Africa, must respect the abovementioned FAO Code of Conduct for Responsible Fisheries of 1995;

| 25. | Expresses satisfaction that seven countries of West Africa have signed fisheries agreements with the EU under the new formula of partnership agreements in which, in addition to the initial objective of protecting the interests of the EU fleet, clauses are included by means of which the third country must establish plans that will guarantee the sustainable exploitation of its fishery resources; |
| --- | --- |

25.

Expresses satisfaction that seven countries of West Africa have signed fisheries agreements with the EU under the new formula of partnership agreements in which, in addition to the initial objective of protecting the interests of the EU fleet, clauses are included by means of which the third country must establish plans that will guarantee the sustainable exploitation of its fishery resources;

| 26. | Considers that the past influx of fishing capacity into a region that has comparatively weak systems of fisheries management and insufficient means to survey and control the activities of fishing vessels has contributed to the problematic status of fishery resources in the region; and thus welcomes the termination in 2005 of subsidies for the transfer of fishing capacities from the EU to West Africa; |
| --- | --- |

26.

Considers that the past influx of fishing capacity into a region that has comparatively weak systems of fisheries management and insufficient means to survey and control the activities of fishing vessels has contributed to the problematic status of fishery resources in the region; and thus welcomes the termination in 2005 of subsidies for the transfer of fishing capacities from the EU to West Africa;

| 27. | Notes that when the EU reduces its activities in West African waters, their place may be taken by fleets from other countries, which may not respect the same principles of sustainability; |
| --- | --- |

27.

Notes that when the EU reduces its activities in West African waters, their place may be taken by fleets from other countries, which may not respect the same principles of sustainability;

| 28. | Believes that, as regards fishery resources in particular, the following aspects need to be strengthened as a priority:






  — | regular assessment of fishery resources through research campaigns carried out using oceanographic vessels with EU researchers and researchers from the third country concerned, covering the fishery resources available in each of the exclusive economic zones of countries with which fisheries partnership agreements have been signed; |
| --- | --- | --- |

28.

Believes that, as regards fishery resources in particular, the following aspects need to be strengthened as a priority:

—

regular assessment of fishery resources through research campaigns carried out using oceanographic vessels with EU researchers and researchers from the third country concerned, covering the fishery resources available in each of the exclusive economic zones of countries with which fisheries partnership agreements have been signed;

| — | improved infrastructure on land, both port infrastructure and infrastructure for supplies and transport, in order to facilitate the entry of vessels from the EU and from other countries for repair, disembarkation, transhipment, etc, which will offer additional benefits for third countries; |
| --- | --- |

—

improved infrastructure on land, both port infrastructure and infrastructure for supplies and transport, in order to facilitate the entry of vessels from the EU and from other countries for repair, disembarkation, transhipment, etc, which will offer additional benefits for third countries;

| — | adaptation of hygiene and health rules, since most of these countries have serious shortcomings in this area which in some cases prevent them from benefiting from the preferential access to the EU market that their exports could enjoy; |
| --- | --- |

—

adaptation of hygiene and health rules, since most of these countries have serious shortcomings in this area which in some cases prevent them from benefiting from the preferential access to the EU market that their exports could enjoy;

| — | monitoring and surveillance services, since these countries lack the necessary technical and human resources to carry out these tasks, by setting up monitoring centres, training inspectors or acquiring patrol vessels and airborne resources; |
| --- | --- |

—

monitoring and surveillance services, since these countries lack the necessary technical and human resources to carry out these tasks, by setting up monitoring centres, training inspectors or acquiring patrol vessels and airborne resources;

| — | creation of a legal framework that will guarantee protection for current and potential EU investment stemming chiefly from the creation of joint ventures, which currently encounter too many obstacles to investment in the third country concerned, mainly owing to the loss of control over the business and legal uncertainty in almost all countries in the region; |
| --- | --- |

—

creation of a legal framework that will guarantee protection for current and potential EU investment stemming chiefly from the creation of joint ventures, which currently encounter too many obstacles to investment in the third country concerned, mainly owing to the loss of control over the business and legal uncertainty in almost all countries in the region;

| — | introduction of sustainable fisheries management plans that will regulate the activities of local sectors, restricting the widespread and biologically unsustainable practice of free access; |
| --- | --- |

—

introduction of sustainable fisheries management plans that will regulate the activities of local sectors, restricting the widespread and biologically unsustainable practice of free access;

| 29. | Calls on the EU to decouple the level of payment for agreements from the level of fishing opportunities that are granted in return, which can act as a disincentive for the third country to reduce access when stocks are depleted or lead to sudden and significant reductions in income for the third-country government; |
| --- | --- |

29.

Calls on the EU to decouple the level of payment for agreements from the level of fishing opportunities that are granted in return, which can act as a disincentive for the third country to reduce access when stocks are depleted or lead to sudden and significant reductions in income for the third-country government;

| 30. | Calls on the EU to conduct the following actions in order to render fishing activities in West Africa sustainable and coherent with the Community development policy, whether under the terms of a partnership agreement or by private agreement:






  — | carry out a reliable assessment of the abundance of relevant fish stocks prior to the commencement of fishing operations and at regular intervals thereafter; |
| --- | --- | --- |

30.

Calls on the EU to conduct the following actions in order to render fishing activities in West Africa sustainable and coherent with the Community development policy, whether under the terms of a partnership agreement or by private agreement:

—

carry out a reliable assessment of the abundance of relevant fish stocks prior to the commencement of fishing operations and at regular intervals thereafter;

| — | if African fish stocks are depleted, the EU and other foreign vessels need to take the first steps to reduce the amount of fish caught; |
| --- | --- |

—

if African fish stocks are depleted, the EU and other foreign vessels need to take the first steps to reduce the amount of fish caught;

| — | create long-term programmes to conduct scientific assessments of the status and trends in abundance of fish stocks and their ecological relationships, as well as the impact of fishing on them; and support West African research capacities, |
| --- | --- |

—

create long-term programmes to conduct scientific assessments of the status and trends in abundance of fish stocks and their ecological relationships, as well as the impact of fishing on them; and support West African research capacities,

| — | provide accurate, reliable and timely public reporting on catches and activities of EU vessels operating in third countries; |
| --- | --- |

—

provide accurate, reliable and timely public reporting on catches and activities of EU vessels operating in third countries;

| — | provide aid for the development of reference laboratories to enable them to more easily fulfil the phyto-sanitary requirements for export to the EU; |
| --- | --- |

—

provide aid for the development of reference laboratories to enable them to more easily fulfil the phyto-sanitary requirements for export to the EU;

| — | establish, together with the EU's West African partners, a programme to fight illegal, unreported and unregulated fishing, including a regional surveillance plan along the lines of the agreement concluded with the Indian Ocean Commission; and support West African capacities for effective control and surveillance of fishing activities by both domestic and foreign vessels; |
| --- | --- |

—

establish, together with the EU's West African partners, a programme to fight illegal, unreported and unregulated fishing, including a regional surveillance plan along the lines of the agreement concluded with the Indian Ocean Commission; and support West African capacities for effective control and surveillance of fishing activities by both domestic and foreign vessels;

| — | consult local communities about the terms of the agreements; |
| --- | --- |

—

consult local communities about the terms of the agreements;

| — | take measures to ascertain that local fishermen and fleets have priority access to fish stocks; |
| --- | --- |

—

take measures to ascertain that local fishermen and fleets have priority access to fish stocks;

| — | set up long-term programmes that increase added value for the local processing industries by allowing for locally caught fish to be processed locally and subsequently exported to the EU; |
| --- | --- |

—

set up long-term programmes that increase added value for the local processing industries by allowing for locally caught fish to be processed locally and subsequently exported to the EU;

| — | reform and adjust the current system of rules of origin so as to reflect local circumstances and realities; |
| --- | --- |

—

reform and adjust the current system of rules of origin so as to reflect local circumstances and realities;

| 31. | Recognises that, even though the financial contributions under the fisheries agreements have come to represent a substantial share of the total budgets of some third countries, to which must be added the investment made by shipowners and the cooperation, including financial cooperation, provided by the Member States on a bilateral basis, cooperation for sustainable development cannot come from the common fisheries policy alone and the remaining Community policies also need to be brought into play, particularly development cooperation policy, in order to bring about political and socio-economic conditions that will enable those countries to redirect administrative and financial efforts so that they can fully and sustainably benefit from the potential offered by their natural biological resources; |
| --- | --- |

31.

Recognises that, even though the financial contributions under the fisheries agreements have come to represent a substantial share of the total budgets of some third countries, to which must be added the investment made by shipowners and the cooperation, including financial cooperation, provided by the Member States on a bilateral basis, cooperation for sustainable development cannot come from the common fisheries policy alone and the remaining Community policies also need to be brought into play, particularly development cooperation policy, in order to bring about political and socio-economic conditions that will enable those countries to redirect administrative and financial efforts so that they can fully and sustainably benefit from the potential offered by their natural biological resources;

| 32. | Urges better coordination between the Commission and the Member States in their development cooperation projects, including when setting priorities and objectives; |
| --- | --- |

32.

Urges better coordination between the Commission and the Member States in their development cooperation projects, including when setting priorities and objectives;

| 33. | Deplores the fact that the Sustainability Impact Assessment (SIA) of the EU-ACP Economic Partnership Agreements of May 2007 commissioned by the Commission fails to investigate the forestry sectors and only touches on fisheries questions; |
| --- | --- |

33.

Deplores the fact that the Sustainability Impact Assessment (SIA) of the EU-ACP Economic Partnership Agreements of May 2007 commissioned by the Commission fails to investigate the forestry sectors and only touches on fisheries questions;

| 34. | Requests the Commission to:






  — | generally conduct more and more detailed SIAs; |
| --- | --- | --- |

34.

Requests the Commission to:

—

generally conduct more and more detailed SIAs;

| — | mainstream PCD questions more thoroughly into the SIAs; |
| --- | --- |

—

mainstream PCD questions more thoroughly into the SIAs;

| — | commission two SIAs for the EPA in West Africa with a special focus on PCD in the fish and timber sectors, including an assessment of the impact on local and indigenous communities; |
| --- | --- |

—

commission two SIAs for the EPA in West Africa with a special focus on PCD in the fish and timber sectors, including an assessment of the impact on local and indigenous communities;

| 35. | Concludes that the FLEGT process and the reformed Fisheries Partnership Agreements of the new generation since 2003 represent important starting points for development-friendly policies; emphasises, however, that the fishing and timber policies of the EU towards West Africa need to be broadened and enhanced in order to enable true PCD; |
| --- | --- |

35.

Concludes that the FLEGT process and the reformed Fisheries Partnership Agreements of the new generation since 2003 represent important starting points for development-friendly policies; emphasises, however, that the fishing and timber policies of the EU towards West Africa need to be broadened and enhanced in order to enable true PCD;

*

* *

| 36. | Instructs its President to forward this resolution to the the Council, Commission, the European Economic and Social Committee, the Committee of the Regions, the governments and parliaments of the Member States, the Secretariats of the African, Caribbean and Pacific Group of States, ECOWAS, the African Union, the Organisation for Economic Cooperation and Development (OECD), the Sub-Regional Fisheries Commission and the Fisheries Committee for the Eastern Central Atlantic, the governments of all ECOWAS countries, as well as Mauritania and Cameroon. |
| --- | --- |

36.

Instructs its President to forward this resolution to the the Council, Commission, the European Economic and Social Committee, the Committee of the Regions, the governments and parliaments of the Member States, the Secretariats of the African, Caribbean and Pacific Group of States, ECOWAS, the African Union, the Organisation for Economic Cooperation and Development (OECD), the Sub-Regional Fisheries Commission and the Fisheries Committee for the Eastern Central Atlantic, the governments of all ECOWAS countries, as well as Mauritania and Cameroon.

---

(1)  OJ C 46, 24.2.2006, p. 1.

(2)  OJ L 317, 15.12.2000, p. 3. Agreement as last amended by Decision No 1/2006 of the ACP-EC Council of Ministers (OJ L 247, 9.9.2006, p. 22).

(3)  OJ L 209, 11.8.2005, p. 27.

(4)  OJ C 102 E, 24.4.2008, p. 117.

(5)  OJ L 347, 30.12.2005, p. 1.

(6)  OJ C 157 E, 6.7.2006, p. 482.

(7)  OJ C 112 E, 9.5.2002, p. 353.

(8)  The UN region also includes the island of Saint Helena, a British overseas territory in the South Atlantic Ocean which is not covered in this resolution.

---

Wednesday 18 June 2008

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/13 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/13

---

Wednesday 18 June 2008Missing persons in Cyprus — Follow-up

P6_TA(2008)0292

European Parliament resolution of 18 June 2008 on Missing persons in Cyprus — Follow-up to the European Parliament resolution of 15 March 2007 (2007/2280(INI))

2009/C 286 E/03

The European Parliament,

having regard to its resolution of 15 March 2007 on missing persons in Cyprus (1),

having regard to the relevant reports of the United Nations Secretary-General (2), resolutions of the United Nations Security Council (3) and international initiatives taken to investigate the fate of missing persons in Cyprus (4),

having regard to the judgments of the European Court of Human Rights (ECHR) of 10 May 2001 (5) and 10 January 2008 (6) concerning missing persons in Cyprus,

having regard to Rule 45 of its Rules of Procedure,

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0139/2008),

| A. | whereas the visit of Parliament's rapporteur to the Committee on Missing Persons (CMP), to the exhumation sites, to the bi-communal anthropological laboratory and to the families of missing persons in Cyprus was exclusively meant to examine the humanitarian problem of the missing persons (Greek Cypriots and Turkish Cypriots) deriving from the right of the relatives of the missing persons to know their fate, |
| --- | --- |

A.

whereas the visit of Parliament's rapporteur to the Committee on Missing Persons (CMP), to the exhumation sites, to the bi-communal anthropological laboratory and to the families of missing persons in Cyprus was exclusively meant to examine the humanitarian problem of the missing persons (Greek Cypriots and Turkish Cypriots) deriving from the right of the relatives of the missing persons to know their fate,

| B. | whereas the great agony and suffering of the families of the missing persons, who have remained ignorant of the fate of their beloved relatives for decades, still continues and whereas all efforts must therefore be made to expedite the investigations while eye-witnesses can still give evidence, |
| --- | --- |

B.

whereas the great agony and suffering of the families of the missing persons, who have remained ignorant of the fate of their beloved relatives for decades, still continues and whereas all efforts must therefore be made to expedite the investigations while eye-witnesses can still give evidence,

| C. | whereas the CMP in Cyprus has made progress since 2004, with the exhumation and identification of remains, and shows determination to move forward, with a view to achieving results which can only be achieved if their capacity is increased, particularly in the field, |
| --- | --- |

C.

whereas the CMP in Cyprus has made progress since 2004, with the exhumation and identification of remains, and shows determination to move forward, with a view to achieving results which can only be achieved if their capacity is increased, particularly in the field,

| D. | whereas the CMP Project on the Exhumation, Identification and Return of Remains of Missing Persons has been running since August 2006 and, to date, 398 sets of remains have been exhumed, 266 of which have been analysed at the CMP anthropological laboratory in an attempt to make presumptive identifications, |
| --- | --- |

D.

whereas the CMP Project on the Exhumation, Identification and Return of Remains of Missing Persons has been running since August 2006 and, to date, 398 sets of remains have been exhumed, 266 of which have been analysed at the CMP anthropological laboratory in an attempt to make presumptive identifications,

| E. | whereas the Laboratory of Forensic Genetics of the Cyprus Institute of Neurology and Genetics was assigned the responsibility of identifying the skeletal remains exhumed by using DNA-typing methodologies, the first specimens being submitted at the beginning of April 2007, |
| --- | --- |

E.

whereas the Laboratory of Forensic Genetics of the Cyprus Institute of Neurology and Genetics was assigned the responsibility of identifying the skeletal remains exhumed by using DNA-typing methodologies, the first specimens being submitted at the beginning of April 2007,

| F. | whereas the first positive identifications were made at the end of June 2007 and, to date, 91 remains of individuals exhumed within the framework of the CMP Project have been identified through this process, |
| --- | --- |

F.

whereas the first positive identifications were made at the end of June 2007 and, to date, 91 remains of individuals exhumed within the framework of the CMP Project have been identified through this process,

| G. | whereas the biggest single contribution to the CMP, EUR 1,5 million, only covers the period to the end of 2008, and came within the framework of the EU financial support to the Turkish-Cypriot community. |
| --- | --- |

G.

whereas the biggest single contribution to the CMP, EUR 1,5 million, only covers the period to the end of 2008, and came within the framework of the EU financial support to the Turkish-Cypriot community.

| H. | whereas the constructive cooperation between Greek Cypriot and Turkish Cypriot members of the CMP as well as the good cooperation between the bi-communal teams of Greek Cypriots and Turkish Cypriots, both in the laboratory and in the field, should especially be noted, |
| --- | --- |

H.

whereas the constructive cooperation between Greek Cypriot and Turkish Cypriot members of the CMP as well as the good cooperation between the bi-communal teams of Greek Cypriots and Turkish Cypriots, both in the laboratory and in the field, should especially be noted,

| 1. | Calls on the parties concerned to continue the honest and sincere cooperation aimed at a speedy completion of the appropriate investigations into the fate of all missing persons in Cyprus, and to give full effect to the ECHR judgment of 10 May 2001; |
| --- | --- |

1.

Calls on the parties concerned to continue the honest and sincere cooperation aimed at a speedy completion of the appropriate investigations into the fate of all missing persons in Cyprus, and to give full effect to the ECHR judgment of 10 May 2001;

| 2. | Calls on the parties concerned and all those who have, or are in a position to have, any information or evidence emanating from personal knowledge, archives, battlefield reports or records of detention sites to pass that information or evidence on to the CMP to help expedite its work; |
| --- | --- |

2.

Calls on the parties concerned and all those who have, or are in a position to have, any information or evidence emanating from personal knowledge, archives, battlefield reports or records of detention sites to pass that information or evidence on to the CMP to help expedite its work;

| 3. | Supports the allocation of further financial support to the CMP for the years 2009 onwards and considers it essential to provide for an additional amount of EUR 2 million in the general budget of the European Union for 2009; |
| --- | --- |

3.

Supports the allocation of further financial support to the CMP for the years 2009 onwards and considers it essential to provide for an additional amount of EUR 2 million in the general budget of the European Union for 2009;

| 4. | Calls on the Council and the Commission to agree on this further financial assistance for 2009, not only to continue the work, but also to increase capacity, particularly in the field, to hire more scientists and to fund more equipment; |
| --- | --- |

4.

Calls on the Council and the Commission to agree on this further financial assistance for 2009, not only to continue the work, but also to increase capacity, particularly in the field, to hire more scientists and to fund more equipment;

| 5. | Calls on the Member States to continue the support they have given so far; |
| --- | --- |

5.

Calls on the Member States to continue the support they have given so far;

| 6. | Requests its Committee on Civil Liberties, Justice and Home Affairs to continue to follow-up the issue of missing persons in Cyprus and to submit annual reports; |
| --- | --- |

6.

Requests its Committee on Civil Liberties, Justice and Home Affairs to continue to follow-up the issue of missing persons in Cyprus and to submit annual reports;

| 7. | Authorises Parliament's rapporteur and its Committee on Civil Liberties, Justice and Home Affairs to take all possible steps to convince all parties concerned to contribute sincerely and actively to the endeavours in the investigation into the fate of each and every missing person; |
| --- | --- |

7.

Authorises Parliament's rapporteur and its Committee on Civil Liberties, Justice and Home Affairs to take all possible steps to convince all parties concerned to contribute sincerely and actively to the endeavours in the investigation into the fate of each and every missing person;

| 8. | Instructs its President to forward this resolution to the Council, the Commission, the Secretary-General of the United Nations, the governments and parliaments of Cyprus, Turkey, Greece and the United Kingdom, and the Committee on Missing Persons in Cyprus. |
| --- | --- |

8.

Instructs its President to forward this resolution to the Council, the Commission, the Secretary-General of the United Nations, the governments and parliaments of Cyprus, Turkey, Greece and the United Kingdom, and the Committee on Missing Persons in Cyprus.

---

(1)  OJ C 301 E, 13.12.2007, p. 243.

(2)  Notably the latest one on the United Nations Operation in Cyprus (S/2008/353), Chapter IV.

(3)  Notably Resolution 1818(2008) of 13 June 2008.

(4)  Committee on Missing Persons in Cyprus: http://www.cmp-cyprus.org

(5)  Cyprus v. Turkey [GC], no. 25781/94, ECHR 2001-IV.

(6)  Varnava and Others v. Turkey, nos. 16064/90, 16065/90,16066/90, 16068/90, 16069/90, 16070/90, 16071/90, 16072/90 and 16073/90; pending on appeal.

---

Thursday 19 June 2008

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/15 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/15

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Thursday 19 June 2008European Union's disaster response capacity

P6_TA(2008)0304

European Parliament resolution of 19 June 2008 on stepping up the Union's disaster response capacity

2009/C 286 E/04

The European Parliament,

having regard to Article 174 of the EC Treaty,

having regard to the Communication from the Commission to the European Parliament and the Council on reinforcing the Union's disaster response capacity (COM(2008)0130),

having regard to the report by Michel Barnier, of 9 May 2006, entitled ‘For a European civil protection force: Europe aid’,

having regard to point 12 of the Presidency Conclusions of the Brussels European Council of 15 and 16 June 2006 concerning the Union's responsiveness to emergencies, crises and disasters,

having regard to the Council Conclusions of December 2007 on the development and the establishment of early-warning systems in general and an early-warning system in particular for tsunamis in the North-East Atlantic and the Mediterranean region,

having regard to its previous resolutions on natural and man-made disasters both within and outside the European Union, which called on the Commission and the Member States to work towards closer cooperation on civil protection measures in the event of natural disasters with a view to preventing and minimising their devastating impact, in particular by making available additional civil protection resources,

having regard to the Commission proposal for a regulation of the European Parliament and of the Council establishing the European Union Solidarity Fund (COM(2005)0108), and to Parliament's position at first reading of 18 May 2006 (1),

having regard to the European Consensus on humanitarian aid jointly adopted by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on 18 December 2007 (2),

having regard to the Guidelines on the use of military and civil defence assets in the event of disaster (Oslo Guidelines), as revised on 27 November 2006,

having regard to the March 2003 Guidelines on the use of military and civil defence assets to support United Nations humanitarian activities in complex emergencies (MCDA Guidelines),

having regard to Rule 103(2) of its Rules of Procedure,

| A. | whereas natural and man-made disasters, such as floods, causing significant human, economic, environmental and cultural harm are on the increase, making it necessary to step up not only the EU-level response, but also prevention and recovery measures, |
| --- | --- |

A.

whereas natural and man-made disasters, such as floods, causing significant human, economic, environmental and cultural harm are on the increase, making it necessary to step up not only the EU-level response, but also prevention and recovery measures,

| B. | whereas problems with forest fires and droughts will become increasingly acute, with extremely dry summers growing more and more common, and whereas previous years’ and recent experience highlights the need to step up Community civil protection prevention, preparedness and response capability in connection with forest fires and other wildfires, |
| --- | --- |

B.

whereas problems with forest fires and droughts will become increasingly acute, with extremely dry summers growing more and more common, and whereas previous years’ and recent experience highlights the need to step up Community civil protection prevention, preparedness and response capability in connection with forest fires and other wildfires,

| C. | whereas no guidelines for prevention of forest fires exist today at EU level, |
| --- | --- |

C.

whereas no guidelines for prevention of forest fires exist today at EU level,

| D. | whereas Member States remain responsible for maintaining land use policies that do not give perverse incentives for human induced forest fires in order to change land status, |
| --- | --- |

D.

whereas Member States remain responsible for maintaining land use policies that do not give perverse incentives for human induced forest fires in order to change land status,

| E. | whereas the Commission Green Paper on adapting to climate change in Europe (COM(2007)0354) stresses that climate change will bring about an increase in extreme weather events in Europe, which will lead to increased risks of harm to people, infrastructure and the environment, |
| --- | --- |

E.

whereas the Commission Green Paper on adapting to climate change in Europe (COM(2007)0354) stresses that climate change will bring about an increase in extreme weather events in Europe, which will lead to increased risks of harm to people, infrastructure and the environment,

| F. | whereas stepping up the Union's capacity to deal with disasters requires an approach encompassing disaster prevention, preparedness, response and recovery at national, European and international levels, |
| --- | --- |

F.

whereas stepping up the Union's capacity to deal with disasters requires an approach encompassing disaster prevention, preparedness, response and recovery at national, European and international levels,

| G. | whereas the high number of fires in southern Europe in 2007, as well as their extent, is the result of a number of factors, including climate change, an inadequate definition and inadequate care of forests and a combination of natural causes and human negligence, but also of criminal activities, and whereas a number of forest fires in the spring of 2008 should raise the alarm that similar incidents could be repeated in the coming summer, |
| --- | --- |

G.

whereas the high number of fires in southern Europe in 2007, as well as their extent, is the result of a number of factors, including climate change, an inadequate definition and inadequate care of forests and a combination of natural causes and human negligence, but also of criminal activities, and whereas a number of forest fires in the spring of 2008 should raise the alarm that similar incidents could be repeated in the coming summer,

| H. | whereas there is a need for improved coordination between the Council, the Commission and the Member States regarding not only preventative action, but the full disaster cycle up to the final stages of recovery, in close association with Parliament, |
| --- | --- |

H.

whereas there is a need for improved coordination between the Council, the Commission and the Member States regarding not only preventative action, but the full disaster cycle up to the final stages of recovery, in close association with Parliament,

| I. | whereas today's disasters are often of a cross-border nature and require multilateral and coordinated responses; taking into consideration at the same time the damaging economic and social consequences of natural disasters for regional economies, productive activity and tourism, |
| --- | --- |

I.

whereas today's disasters are often of a cross-border nature and require multilateral and coordinated responses; taking into consideration at the same time the damaging economic and social consequences of natural disasters for regional economies, productive activity and tourism,

| J. | whereas, in a world of more frequent and severe natural disasters, with the severest impacts on the poorest people, EU actors must work together to ensure effective delivery of humanitarian aid to victims and to reduce vulnerability, |
| --- | --- |

J.

whereas, in a world of more frequent and severe natural disasters, with the severest impacts on the poorest people, EU actors must work together to ensure effective delivery of humanitarian aid to victims and to reduce vulnerability,

| K. | whereas the lack of common alert signals and protocols is also a major concern in view of the growing mobility of citizens across the EU and third countries, |
| --- | --- |

K.

whereas the lack of common alert signals and protocols is also a major concern in view of the growing mobility of citizens across the EU and third countries,

| L. | whereas the EU needs to acknowledge the specific nature of natural disasters occurring in the form of Mediterranean droughts and fires and to adapt its prevention, research, risk management, civil defence and solidarity tools accordingly, |
| --- | --- |

L.

whereas the EU needs to acknowledge the specific nature of natural disasters occurring in the form of Mediterranean droughts and fires and to adapt its prevention, research, risk management, civil defence and solidarity tools accordingly,

| 1. | Welcomes the abovementioned Commission Communication on reinforcing the Union's disaster response capacity as well as the overall objective of greater coherence, effectiveness and visibility of the EU disaster response; |
| --- | --- |

1.

Welcomes the abovementioned Commission Communication on reinforcing the Union's disaster response capacity as well as the overall objective of greater coherence, effectiveness and visibility of the EU disaster response;

| 2. | Considers that stepping up its disaster prevention and response capacity is a high-priority policy objective for the Union and that all means should be mobilised to achieve this objective, especially with regard to the heavy floods experienced in recent years; |
| --- | --- |

2.

Considers that stepping up its disaster prevention and response capacity is a high-priority policy objective for the Union and that all means should be mobilised to achieve this objective, especially with regard to the heavy floods experienced in recent years;

| 3. | Stresses that the Commission's approach to natural and man-made disasters occurring in the EU or in third countries should be entirely coherent and consistent with its Communication on Europe's climate change opportunity (COM(2008)0030) and its proposal on the effort of Member States to reduce their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction commitments up to 2020; emphasises that climate change is a key factor in the increased frequency and severity of natural disasters, and that environmental policy and climate change legislation must be pillars of the Union's disaster response capacity in order to prevent further damage to people, infrastructure and the environment; |
| --- | --- |

3.

Stresses that the Commission's approach to natural and man-made disasters occurring in the EU or in third countries should be entirely coherent and consistent with its Communication on Europe's climate change opportunity (COM(2008)0030) and its proposal on the effort of Member States to reduce their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction commitments up to 2020; emphasises that climate change is a key factor in the increased frequency and severity of natural disasters, and that environmental policy and climate change legislation must be pillars of the Union's disaster response capacity in order to prevent further damage to people, infrastructure and the environment;

| 4. | Considers that coherence and coordination between different policy areas and institutions at local, regional, national and EU level will lead to more effective, integrated and visible EU disaster management; |
| --- | --- |

4.

Considers that coherence and coordination between different policy areas and institutions at local, regional, national and EU level will lead to more effective, integrated and visible EU disaster management;

| 5. | Considers that cooperation with the candidate countries and potential candidate countries with a view to improving their capacity for preventing and coping with disasters and support to regional cooperation are in the mutual interest of the EU and the countries concerned, and should therefore be developed and strengthened in a way that ensures complementarity and avoids duplication with existing bilateral, regional and international initiatives; |
| --- | --- |

5.

Considers that cooperation with the candidate countries and potential candidate countries with a view to improving their capacity for preventing and coping with disasters and support to regional cooperation are in the mutual interest of the EU and the countries concerned, and should therefore be developed and strengthened in a way that ensures complementarity and avoids duplication with existing bilateral, regional and international initiatives;

| 6. | Stresses that work planned by the Commission to develop a knowledge base on disaster scenarios, capacities needed and available, and the impacts of various options to fill any identified gaps should not be used to delay important proposals for the protection of people, property and the environment from disasters; |
| --- | --- |

6.

Stresses that work planned by the Commission to develop a knowledge base on disaster scenarios, capacities needed and available, and the impacts of various options to fill any identified gaps should not be used to delay important proposals for the protection of people, property and the environment from disasters;

| 7. | Stresses that the Commission's approach should cover the full disaster cycle from prevention to recovery, and natural disasters, including extreme droughts, and man-made disasters occurring in the Union or in third countries, and that further work is needed in the areas covered in the abovementioned Commission communication; |
| --- | --- |

7.

Stresses that the Commission's approach should cover the full disaster cycle from prevention to recovery, and natural disasters, including extreme droughts, and man-made disasters occurring in the Union or in third countries, and that further work is needed in the areas covered in the abovementioned Commission communication;

| 8. | Welcomes the Commission's presentation of an action plan for the implementation of the European Consensus on Humanitarian Aid, as an important contribution to efficient, well-coordinated and reinforced European humanitarian aid; |
| --- | --- |

8.

Welcomes the Commission's presentation of an action plan for the implementation of the European Consensus on Humanitarian Aid, as an important contribution to efficient, well-coordinated and reinforced European humanitarian aid;

| 9. | Stresses the importance of strengthening the global response capacity, and therefore acknowledges the role of key humanitarian actors such as the UN, the Red Cross movement and NGOs in third-country disaster-prone areas; |
| --- | --- |

9.

Stresses the importance of strengthening the global response capacity, and therefore acknowledges the role of key humanitarian actors such as the UN, the Red Cross movement and NGOs in third-country disaster-prone areas;

| 10. | Recalls that the use in third countries of civil protection resources and military assets in response to humanitarian situations must be in line with existing international guidelines such as the Oslo and MCDA Guidelines, in particular to safeguard compliance with the humanitarian principles of neutrality, humanity, impartiality and independence; underlines that, where deployed in a humanitarian crisis, the use of civil protection resources should be needs-driven and complementary to and coherent with humanitarian aid; |
| --- | --- |

10.

Recalls that the use in third countries of civil protection resources and military assets in response to humanitarian situations must be in line with existing international guidelines such as the Oslo and MCDA Guidelines, in particular to safeguard compliance with the humanitarian principles of neutrality, humanity, impartiality and independence; underlines that, where deployed in a humanitarian crisis, the use of civil protection resources should be needs-driven and complementary to and coherent with humanitarian aid;

| 11. | Calls on the Commission and the Member States to address not only risk-based approaches to prepare for extreme events, but also to address ways of reducing vulnerability at EU policy level through appropriate planning and risk reduction measures in due time, taking due account, where appropriate, of environmental and climate change policies and legislation; |
| --- | --- |

11.

Calls on the Commission and the Member States to address not only risk-based approaches to prepare for extreme events, but also to address ways of reducing vulnerability at EU policy level through appropriate planning and risk reduction measures in due time, taking due account, where appropriate, of environmental and climate change policies and legislation;

| 12. | Reiterates that the sole aim of Community humanitarian aid and civil protection assistance provided to third countries is to prevent or relieve human suffering and should always be based on the needs of victims alone and in accordance with the fundamental humanitarian principles of neutrality, impartiality and non-discrimination; |
| --- | --- |

12.

Reiterates that the sole aim of Community humanitarian aid and civil protection assistance provided to third countries is to prevent or relieve human suffering and should always be based on the needs of victims alone and in accordance with the fundamental humanitarian principles of neutrality, impartiality and non-discrimination;

| 13. | Calls on the Commission to present proposals as a matter of urgency, and no later than the end of 2008, regarding disaster prevention within the Union, together with an EU strategy for disaster risk reduction in developing countries; |
| --- | --- |

13.

Calls on the Commission to present proposals as a matter of urgency, and no later than the end of 2008, regarding disaster prevention within the Union, together with an EU strategy for disaster risk reduction in developing countries;

| 14. | Draws attention to the fact that the EU will support preparatory activities conducted at local level in the context of humanitarian operations and will incorporate disaster risk reduction into its development policy; |
| --- | --- |

14.

Draws attention to the fact that the EU will support preparatory activities conducted at local level in the context of humanitarian operations and will incorporate disaster risk reduction into its development policy;

| 15. | Regrets that the proposal made by former Commissioner Michel Barnier to create a European civil protection force remains a dead letter and highlights the need, in this context, to pursue the development of a rapid response capacity on the basis of the civil protection modules of Member States, in accordance with the mandate issued by the European Council meeting of 15 and 16 June 2006, and calls on the Commission to develop a specific proposal to that end; |
| --- | --- |

15.

Regrets that the proposal made by former Commissioner Michel Barnier to create a European civil protection force remains a dead letter and highlights the need, in this context, to pursue the development of a rapid response capacity on the basis of the civil protection modules of Member States, in accordance with the mandate issued by the European Council meeting of 15 and 16 June 2006, and calls on the Commission to develop a specific proposal to that end;

| 16. | Deplores the fact that the Council appears to have reached a decision not to proceed with the adoption of the new EU Solidarity Fund (EUSF) regulation, despite the strong support of Parliament for the revision of the existing instrument; reminds the Council that Parliament adopted its position by an overwhelming majority at first reading in May 2006, and that the relevant dossier has been blocked in the Council for more than two years; reiterates its conviction that the new EUSF regulation, which — among other measures — lowers the thresholds for the mobilisation of the Fund, will put the Union in a better position to address damage caused by disasters in a more effective, flexible and timely manner; strongly urges the European Council to take a decision not to reject this regulation and to request the immediate revision of the current EUSF; |
| --- | --- |

16.

Deplores the fact that the Council appears to have reached a decision not to proceed with the adoption of the new EU Solidarity Fund (EUSF) regulation, despite the strong support of Parliament for the revision of the existing instrument; reminds the Council that Parliament adopted its position by an overwhelming majority at first reading in May 2006, and that the relevant dossier has been blocked in the Council for more than two years; reiterates its conviction that the new EUSF regulation, which — among other measures — lowers the thresholds for the mobilisation of the Fund, will put the Union in a better position to address damage caused by disasters in a more effective, flexible and timely manner; strongly urges the European Council to take a decision not to reject this regulation and to request the immediate revision of the current EUSF;

| 17. | Calls on the Commission to mobilise, when appropriate, the current EUSF in the most flexible manner possible and without delay; considers that, in the event of a natural disaster, it is of paramount importance that the necessary EUSF resources be made available immediately for the purpose of relieving the suffering and satisfying the needs of victims and their immediate families; |
| --- | --- |

17.

Calls on the Commission to mobilise, when appropriate, the current EUSF in the most flexible manner possible and without delay; considers that, in the event of a natural disaster, it is of paramount importance that the necessary EUSF resources be made available immediately for the purpose of relieving the suffering and satisfying the needs of victims and their immediate families;

| 18. | Calls on the Commission to carry out more research geared to improving forest fire prevention and forest fire-fighting methods and materials and to review planning and land use; urges the Member States, therefore, to take strong action to improve and implement their forest protection legislative framework and to abstain from commercialisation, reclassification and privatisation activities, thus limiting intrusion and speculation; considers that all available EU know-how, including satellite systems, should be used to this end; |
| --- | --- |

18.

Calls on the Commission to carry out more research geared to improving forest fire prevention and forest fire-fighting methods and materials and to review planning and land use; urges the Member States, therefore, to take strong action to improve and implement their forest protection legislative framework and to abstain from commercialisation, reclassification and privatisation activities, thus limiting intrusion and speculation; considers that all available EU know-how, including satellite systems, should be used to this end;

| 19. | Urges the Commission to submit a package of legally binding instruments (e.g. a framework directive) with a view to filling in gaps in existing EU legislation, policies and programmes as regards disaster prevention and response; |
| --- | --- |

19.

Urges the Commission to submit a package of legally binding instruments (e.g. a framework directive) with a view to filling in gaps in existing EU legislation, policies and programmes as regards disaster prevention and response;

| 20. | Recommends that such a comprehensive framework should comprise three pillars regarding prevention, with a view to stepping up prevention under existing EU mechanisms and Member State approaches, developing a new framework approach on disaster prevention and supporting further development of prevention knowledge and technology through EU research and development programmes; |
| --- | --- |

20.

Recommends that such a comprehensive framework should comprise three pillars regarding prevention, with a view to stepping up prevention under existing EU mechanisms and Member State approaches, developing a new framework approach on disaster prevention and supporting further development of prevention knowledge and technology through EU research and development programmes;

| 21. | Recommends that the proposals regarding stepping up the overall EU response capacity include the setting-up of key resources that have a guaranteed availability for participating in European civil protection operations at any time; states that this should be based primarily on national capacities and, where necessary, include arrangements with other parties; |
| --- | --- |

21.

Recommends that the proposals regarding stepping up the overall EU response capacity include the setting-up of key resources that have a guaranteed availability for participating in European civil protection operations at any time; states that this should be based primarily on national capacities and, where necessary, include arrangements with other parties;

| 22. | Calls on the Commission to make the best use of the 2008 pilot project on forest fires and of preparatory action on a rapid reaction capability to experiment with operational arrangements with the Member States and other parties that make response capacities available at all times for European civil protection operations, and considers that this will provide important experience for future legislative proposals; |
| --- | --- |

22.

Calls on the Commission to make the best use of the 2008 pilot project on forest fires and of preparatory action on a rapid reaction capability to experiment with operational arrangements with the Member States and other parties that make response capacities available at all times for European civil protection operations, and considers that this will provide important experience for future legislative proposals;

| 23. | Supports activities aimed at enhancing Member States’ civil protection preparedness, notably through exchange of experts and best practices, exercises and preparedness projects; |
| --- | --- |

23.

Supports activities aimed at enhancing Member States’ civil protection preparedness, notably through exchange of experts and best practices, exercises and preparedness projects;

| 24. | Reiterates the call made to the Commission in its resolution of 18 May 2006 on natural disasters (fires, droughts and floods) (3) to put forward a directive on preventing and managing fires, to include the regular collection of data, preparation of maps and identification of areas at risk, preparation of fire risk management plans, identification by the Member States of the resources allocated and facilities available, coordination of the various administrations, minimum requirements for training crews, establishment of environmental responsibility and penalties; |
| --- | --- |

24.

Reiterates the call made to the Commission in its resolution of 18 May 2006 on natural disasters (fires, droughts and floods) (3) to put forward a directive on preventing and managing fires, to include the regular collection of data, preparation of maps and identification of areas at risk, preparation of fire risk management plans, identification by the Member States of the resources allocated and facilities available, coordination of the various administrations, minimum requirements for training crews, establishment of environmental responsibility and penalties;

| 25. | Urges the Council without further delay to adopt a decision on the proposed regulation establishing the EU Solidarity Fund in order to provide a better definition of the criteria and of the eligible events, including droughts, and hence enable damage caused by natural disasters to be countered more effectively, flexibly, and swiftly, bearing in mind also that Parliament adopted its position as long ago as May 2006; |
| --- | --- |

25.

Urges the Council without further delay to adopt a decision on the proposed regulation establishing the EU Solidarity Fund in order to provide a better definition of the criteria and of the eligible events, including droughts, and hence enable damage caused by natural disasters to be countered more effectively, flexibly, and swiftly, bearing in mind also that Parliament adopted its position as long ago as May 2006;

| 26. | Considers that, in order to ensure the necessary integration of prevention and disaster risk reduction into the Structural and Cohesion Funds programmes, existing guidelines should be strengthened and new guidelines should be developed; calls, in particular, for conditionality in the contribution from Community financial instruments and repayment of Community aid in the event of improper use such as non-fulfilment of reforestation plans and/or other compulsory conditions; calls, furthermore, for prevention awareness-raising and education measures to be financed under Community programmes; |
| --- | --- |

26.

Considers that, in order to ensure the necessary integration of prevention and disaster risk reduction into the Structural and Cohesion Funds programmes, existing guidelines should be strengthened and new guidelines should be developed; calls, in particular, for conditionality in the contribution from Community financial instruments and repayment of Community aid in the event of improper use such as non-fulfilment of reforestation plans and/or other compulsory conditions; calls, furthermore, for prevention awareness-raising and education measures to be financed under Community programmes;

| 27. | Believes that the Commission's proposals to step up the EU's disaster response capacity should make full use of expertise relating to the geographical location of outermost regions and overseas countries and territories; |
| --- | --- |

27.

Believes that the Commission's proposals to step up the EU's disaster response capacity should make full use of expertise relating to the geographical location of outermost regions and overseas countries and territories;

| 28. | Urges the Member States, and particularly those most affected by natural disasters, to make optimal use of the funding opportunities provided under the Structural Funds and other Community funds in the current programming period 2007-2013 and to integrate, when appropriate, prevention activities and projects as priority actions within the relevant Operational Programmes; |
| --- | --- |

28.

Urges the Member States, and particularly those most affected by natural disasters, to make optimal use of the funding opportunities provided under the Structural Funds and other Community funds in the current programming period 2007-2013 and to integrate, when appropriate, prevention activities and projects as priority actions within the relevant Operational Programmes;

| 29. | Believes that the procedures for mobilisation of the Solidarity Fund need to be reviewed in order to speed up payment of aid; considers, in particular, that to that end a system of advance payments based on initial estimates of direct damage could be developed, whereby further payments depend on the definite calculations of total direct damage and evidence of prevention measures taken as a result of the disaster; |
| --- | --- |

29.

Believes that the procedures for mobilisation of the Solidarity Fund need to be reviewed in order to speed up payment of aid; considers, in particular, that to that end a system of advance payments based on initial estimates of direct damage could be developed, whereby further payments depend on the definite calculations of total direct damage and evidence of prevention measures taken as a result of the disaster;

| 30. | Emphasises the urgency of strengthening the Monitoring and Information Centre (MIC) with the human and material resources necessary to enable it actively to support the operations launched by the Member States under the Community Civil Protection Mechanism; |
| --- | --- |

30.

Emphasises the urgency of strengthening the Monitoring and Information Centre (MIC) with the human and material resources necessary to enable it actively to support the operations launched by the Member States under the Community Civil Protection Mechanism;

| 31. | Urges the Commission to assess a wide range of options for setting up a sustainable European disaster response training network, covering all phases of disaster management, and to present proposals for such a structure as soon as possible; calls, moreover, for further enhancement both of the preparedness of civil protection services and of the capacity of teams and modules from different Member States to work together; |
| --- | --- |

31.

Urges the Commission to assess a wide range of options for setting up a sustainable European disaster response training network, covering all phases of disaster management, and to present proposals for such a structure as soon as possible; calls, moreover, for further enhancement both of the preparedness of civil protection services and of the capacity of teams and modules from different Member States to work together;

| 32. | Recalls the Council Conclusions of December 2007 on the development and establishment of Early Warning Systems in the EU and on the establishment of an Early Warning System for tsunamis in the North East Atlantic and the Mediterranean region, and reaffirms the need for the Member States and the Commission to take forward initiatives to improve early warning systems and alert signals for disasters; |
| --- | --- |

32.

Recalls the Council Conclusions of December 2007 on the development and establishment of Early Warning Systems in the EU and on the establishment of an Early Warning System for tsunamis in the North East Atlantic and the Mediterranean region, and reaffirms the need for the Member States and the Commission to take forward initiatives to improve early warning systems and alert signals for disasters;

| 33. | Asks the Commission to include the issue of adequate EU funding for disaster prevention, preparedness, response and recovery in its proposals for the budgetary review 2008/2009; |
| --- | --- |

33.

Asks the Commission to include the issue of adequate EU funding for disaster prevention, preparedness, response and recovery in its proposals for the budgetary review 2008/2009;

| 34. | Calls on the Commission to ensure the efficiency of the single European emergency number 112; |
| --- | --- |

34.

Calls on the Commission to ensure the efficiency of the single European emergency number 112;

| 35. | Calls for the specific nature of natural disasters occurring in the Mediterranean, such as drought and forest fires, to be acknowledged at Community level and for Community prevention, research, risk-management, civil-defence and solidarity tools to be adapted accordingly so as to improve the response to this type of disaster in each Member State; |
| --- | --- |

35.

Calls for the specific nature of natural disasters occurring in the Mediterranean, such as drought and forest fires, to be acknowledged at Community level and for Community prevention, research, risk-management, civil-defence and solidarity tools to be adapted accordingly so as to improve the response to this type of disaster in each Member State;

| 36. | Urges that due recognition be given to the need for more Community funding for prevention measures; |
| --- | --- |

36.

Urges that due recognition be given to the need for more Community funding for prevention measures;

| 37. | Instructs its President to forward this resolution to the Council, the Commission and the parliaments of the Member States. |
| --- | --- |

37.

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

---

(1)  OJ C 297 E, 7.12.2006, p. 331.

(2)  OJ C 25, 30.1.2008, p. 1.

(3)  OJ C 297 E, 7.12.2006, p. 375.

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| 27.11.2009 | EN | Official Journal of the European Union | CE 286/20 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/20

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Thursday 19 June 2008Fortieth anniversary of the Customs Union

P6_TA(2008)0305

European Parliament resolution of 19 June 2008 on the fortieth anniversary of the Customs Union

2009/C 286 E/05

The European Parliament,

having regard to the recent adoption of Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (1),

having regard to Decision No 70/2008/EC of the European Parliament and of the Council of 15 January 2008 on a paperless environment for customs and trade (2),

having regard to Decision No 624/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing an action programme for customs in the Community (Customs 2013) (3),

having regard to the Communication from the Commission entitled ‘Strategy for the evolution of the Customs Union’ (COM(2008)0169),

having regard to its resolution of 5 June 2008 on implementing trade policy through efficient import and export rules and procedures (4),

having regard to the report of its Committee of Inquiry into the Community Transit System (January 1996 to March 1997),

having regard to the Agreement between the European Community and the United States of America on customs cooperation and mutual assistance in customs matters (5), signed on 28 May 1997,

having regard the proposal for a Council decision on the accession of the European Communities to the World Customs Organisation and the exercise of rights and obligations akin to membership ad interim (COM(2007)0252),

having regard the Council conclusions of 14 May 2008 on the strategy for the evolution of the Customs Union,

having regard the report on Community customs activities on counterfeit and piracy, published by the Commission on 19 May 2008,

having regard to Rule 103(2) of its Rules of Procedure,

| A. | whereas the Customs Union has since 1968 played a crucial role in preserving and developing the Single Market and creating prosperity by facilitating legitimate and competitive trade with and within the Union, while protecting its citizens, |
| --- | --- |

A.

whereas the Customs Union has since 1968 played a crucial role in preserving and developing the Single Market and creating prosperity by facilitating legitimate and competitive trade with and within the Union, while protecting its citizens,

| B. | whereas the existence of a customs union means the absence of customs duties at internal borders between Member States, common customs duties on imports from third countries, common rules of origin for third-country products and a common definition of customs value, |
| --- | --- |

B.

whereas the existence of a customs union means the absence of customs duties at internal borders between Member States, common customs duties on imports from third countries, common rules of origin for third-country products and a common definition of customs value,

| C. | whereas the development of Community law has been aimed at guaranteeing that the same rules apply to all products imported into the EU, |
| --- | --- |

C.

whereas the development of Community law has been aimed at guaranteeing that the same rules apply to all products imported into the EU,

| D. | whereas the EU customs authorities have a dual role to play, namely to levy import duties and taxes and to act as guardian of the health and safety of citizens at the EU's external borders, |
| --- | --- |

D.

whereas the EU customs authorities have a dual role to play, namely to levy import duties and taxes and to act as guardian of the health and safety of citizens at the EU's external borders,

| E. | whereas its first Committee of Inquiry focused on customs issues and concluded at point 17.3.1. of its abovementioned report that ‘in order to provide economic operators and the public at large with the necessary confidence that the Single Market trading environment is adequately protected, ... the creation of a single EU framework for customs services must be a long-term objective of the EU’, |
| --- | --- |

E.

whereas its first Committee of Inquiry focused on customs issues and concluded at point 17.3.1. of its abovementioned report that ‘in order to provide economic operators and the public at large with the necessary confidence that the Single Market trading environment is adequately protected, ... the creation of a single EU framework for customs services must be a long-term objective of the EU’,

| F. | whereas globalisation has resulted in a huge increase in international trade and in the development of new production and consumer patterns, but has also introduced new threats such as global terrorism, climate change and illicit trade, |
| --- | --- |

F.

whereas globalisation has resulted in a huge increase in international trade and in the development of new production and consumer patterns, but has also introduced new threats such as global terrorism, climate change and illicit trade,

| G. | whereas reducing compliance and administrative costs has become a key issue for efficient and effective administration within the EU, |
| --- | --- |

G.

whereas reducing compliance and administrative costs has become a key issue for efficient and effective administration within the EU,

Evolution of the Customs Union

| 1. | Considers that 40 years of the Customs Union represents a substantial achievement and provided benefits for EU business and citizens; |
| --- | --- |

1.

Considers that 40 years of the Customs Union represents a substantial achievement and provided benefits for EU business and citizens;

| 2. | Affirms that customs authorities, who are mainly responsible for supervising the EU's international trade, thus contribute to guaranteeing open and fair trade, implementing the external dimension of the internal market, the common commercial policy and other EU common policies, and ensuring the security of the supply chain as a whole; |
| --- | --- |

2.

Affirms that customs authorities, who are mainly responsible for supervising the EU's international trade, thus contribute to guaranteeing open and fair trade, implementing the external dimension of the internal market, the common commercial policy and other EU common policies, and ensuring the security of the supply chain as a whole;

| 3. | Recognises that the measures taken by the customs authorities are aimed at protecting the financial interests of the EU and its Member States, and at protecting the EU against unfair and unlawful commercial practices; |
| --- | --- |

3.

Recognises that the measures taken by the customs authorities are aimed at protecting the financial interests of the EU and its Member States, and at protecting the EU against unfair and unlawful commercial practices;

| 4. | Recognises also that the measures are aimed at guaranteeing the safety and security of the EU and its residents while protecting the environment, and at maintaining a fair balance between the need to conduct customs controls and to facilitate legitimate trade with a view to improving European competitiveness; |
| --- | --- |

4.

Recognises also that the measures are aimed at guaranteeing the safety and security of the EU and its residents while protecting the environment, and at maintaining a fair balance between the need to conduct customs controls and to facilitate legitimate trade with a view to improving European competitiveness;

| 5. | Congratulates customs officials, in this connection, on their effective work to combat counterfeiting, which led to the seizure of 79 million counterfeit and pirated articles relating to 43 000 cases recorded in 2007; in view of the exponential increase in seizures of counterfeit products, supports practical customs measures to combat counterfeiting and piracy, such as increasing the number of specialised customs officers devoted to this work at the Commission and in the Member States, and the reflection on establishing a European Counterfeiting Observatory (ECO); |
| --- | --- |

5.

Congratulates customs officials, in this connection, on their effective work to combat counterfeiting, which led to the seizure of 79 million counterfeit and pirated articles relating to 43 000 cases recorded in 2007; in view of the exponential increase in seizures of counterfeit products, supports practical customs measures to combat counterfeiting and piracy, such as increasing the number of specialised customs officers devoted to this work at the Commission and in the Member States, and the reflection on establishing a European Counterfeiting Observatory (ECO);

| 6. | Welcomes, therefore, the abovementioned Commission Communication, which seeks to set out a clear orientation for customs for the period 2013 to 2019; |
| --- | --- |

6.

Welcomes, therefore, the abovementioned Commission Communication, which seeks to set out a clear orientation for customs for the period 2013 to 2019;

| 7. | Underlines that EU customs authorities need to continuously anticipate the challenges ahead and to develop and use ‘state of the art’ skills, technologies and methods to facilitate and control trade in the most efficient and effective manner; |
| --- | --- |

7.

Underlines that EU customs authorities need to continuously anticipate the challenges ahead and to develop and use ‘state of the art’ skills, technologies and methods to facilitate and control trade in the most efficient and effective manner;

| 8. | Emphasises the importance of candidate countries aligning with EU standards in customs, and acknowledges the technical assistance to candidate countries provided by the Commission and the Member States; |
| --- | --- |

8.

Emphasises the importance of candidate countries aligning with EU standards in customs, and acknowledges the technical assistance to candidate countries provided by the Commission and the Member States;

Closer cooperation

| 9. | Welcomes the major conclusions of the various seminars organised as part of the Customs 2013 Programme, namely to improve the cooperation network between customs and market surveillance authorities, and to improve risk management and share experiences, knowledge and best practice with regard to cooperation and control; |
| --- | --- |

9.

Welcomes the major conclusions of the various seminars organised as part of the Customs 2013 Programme, namely to improve the cooperation network between customs and market surveillance authorities, and to improve risk management and share experiences, knowledge and best practice with regard to cooperation and control;

| 10. | Considers that cooperation is essential to ensure the effectiveness of EU customs services in the face of the many threats which they have to combat; |
| --- | --- |

10.

Considers that cooperation is essential to ensure the effectiveness of EU customs services in the face of the many threats which they have to combat;

| 11. | Calls, therefore, on the Member States to reinforce administrative cooperation between their customs authorities and between customs and other governmental agencies, such as veterinary authorities and bodies responsible for product safety, in order to ensure that the administration of the external borders of the EU is a joint responsibility, and to guarantee the security and safety of EU citizens; |
| --- | --- |

11.

Calls, therefore, on the Member States to reinforce administrative cooperation between their customs authorities and between customs and other governmental agencies, such as veterinary authorities and bodies responsible for product safety, in order to ensure that the administration of the external borders of the EU is a joint responsibility, and to guarantee the security and safety of EU citizens;

| 12. | Calls on the Commission to enhance cooperation with trading partners via existing and future customs cooperation programmes in order to facilitate trade for reliable traders and to ensure supply chain security; |
| --- | --- |

12.

Calls on the Commission to enhance cooperation with trading partners via existing and future customs cooperation programmes in order to facilitate trade for reliable traders and to ensure supply chain security;

| 13. | Stresses the importance of ensuring that all economic stakeholders are represented in the Customs Code Committee; |
| --- | --- |

13.

Stresses the importance of ensuring that all economic stakeholders are represented in the Customs Code Committee;

| 14. | Endorses the signing of the various agreements by the European Community with its main trade partners around the world; |
| --- | --- |

14.

Endorses the signing of the various agreements by the European Community with its main trade partners around the world;

| 15. | Calls on the Commission and the Member States to reinforce international cooperation in the framework of international organisations (World Trade Organisation and World Customs Organisation) and with third countries in the area of customs; points out that this is aimed at achieving more effective customs control and promoting EU standards, while allowing trade to benefit the EU and its trading partners; points out also that this will enable, in particular, joint operations and pilot projects to be set up to strengthen cooperation on the ground between EU and third-country customs officials; |
| --- | --- |

15.

Calls on the Commission and the Member States to reinforce international cooperation in the framework of international organisations (World Trade Organisation and World Customs Organisation) and with third countries in the area of customs; points out that this is aimed at achieving more effective customs control and promoting EU standards, while allowing trade to benefit the EU and its trading partners; points out also that this will enable, in particular, joint operations and pilot projects to be set up to strengthen cooperation on the ground between EU and third-country customs officials;

Security issues

| 16. | Calls on the Member States to further strengthen the role of customs in fighting the particular dangers inherent in fake products, in particular fake medicines and toys; |
| --- | --- |

16.

Calls on the Member States to further strengthen the role of customs in fighting the particular dangers inherent in fake products, in particular fake medicines and toys;

| 17. | Calls on the Commission to maintain its opposition to the recent US legislation on 100 % scanning of maritime container cargo in foreign ports; points out that it has not been demonstrated that this unilateral decision by the US is needed and is effective in economic and security terms; |
| --- | --- |

17.

Calls on the Commission to maintain its opposition to the recent US legislation on 100 % scanning of maritime container cargo in foreign ports; points out that it has not been demonstrated that this unilateral decision by the US is needed and is effective in economic and security terms;

| 18. | Considers that Regulation (EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (6) (‘security amendment’) already meets the expectations of the US authorities as regards security control in Europe; |
| --- | --- |

18.

Considers that Regulation (EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (6) (‘security amendment’) already meets the expectations of the US authorities as regards security control in Europe;

Enhancing efficiency, effectiveness and delivery for the Internal Market

| 19. | Welcomes the two initiatives which Community customs authorities plan to develop over the next ten years to serve EU citizens as best possible, namely the electronic customs proposal, already approved by Parliament, and the establishment of a European customs laboratories’ network with a view to uniform interpretation of new EU technical standards, and supports any other initiative serving the same purpose; |
| --- | --- |

19.

Welcomes the two initiatives which Community customs authorities plan to develop over the next ten years to serve EU citizens as best possible, namely the electronic customs proposal, already approved by Parliament, and the establishment of a European customs laboratories’ network with a view to uniform interpretation of new EU technical standards, and supports any other initiative serving the same purpose;

| 20. | Recognises that this modernisation will make it possible to step up the fight against dangerous products and to strengthen consumer protection; |
| --- | --- |

20.

Recognises that this modernisation will make it possible to step up the fight against dangerous products and to strengthen consumer protection;

| 21. | Calls on the Member States to develop new working methods and technology in a synchronised and harmonised way and to ensure a coordinated and common implementation of customs legislation; calls on the Commission to monitor closely the uniform application of customs legislation in the Member States and to report back to Parliament; |
| --- | --- |

21.

Calls on the Member States to develop new working methods and technology in a synchronised and harmonised way and to ensure a coordinated and common implementation of customs legislation; calls on the Commission to monitor closely the uniform application of customs legislation in the Member States and to report back to Parliament;

| 22. | Calls on the Member States to provide customs authorities with sufficient resources and (technological and human) investment to enable them to carry out their tasks, implement new paperless systems and train their staff; |
| --- | --- |

22.

Calls on the Member States to provide customs authorities with sufficient resources and (technological and human) investment to enable them to carry out their tasks, implement new paperless systems and train their staff;

| 23. | Calls on the Member States to ensure a high level of cooperation between customs authorities and the business community in order to enhance compliance and reduce red tape, in particular by using a more risk-management oriented approach and developing ‘Single Window/One Stop Shop’ services; |
| --- | --- |

23.

Calls on the Member States to ensure a high level of cooperation between customs authorities and the business community in order to enhance compliance and reduce red tape, in particular by using a more risk-management oriented approach and developing ‘Single Window/One Stop Shop’ services;

| 24. | Calls on the Commission to pay particular attention to the problems encountered by small and medium-sized enterprises, specifically by facilitating the process of adapting their IT systems to those employed by customs administrations, at the lowest possible cost, and by simplifying the procedures for securing ‘authorised economic operator’ status; |
| --- | --- |

24.

Calls on the Commission to pay particular attention to the problems encountered by small and medium-sized enterprises, specifically by facilitating the process of adapting their IT systems to those employed by customs administrations, at the lowest possible cost, and by simplifying the procedures for securing ‘authorised economic operator’ status;

*

* *

| 25. | Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States. |
| --- | --- |

25.

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

---

(1)  OJ L 145, 4.6.2008, p. 1.

(2)  OJ L 23, 26.1.2008, p. 21.

(3)  OJ L 154, 14.6.2007, p. 25.

(4)  Texts Adopted, P6_TA(2008)0247.

(5)  OJ L 222, 12.8.1997, p. 17.

(6)  OJ L 117, 4.5.2005, p. 13.

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| 27.11.2009 | EN | Official Journal of the European Union | CE 286/24 |
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27.11.2009

EN

Official Journal of the European Union

CE 286/24

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Thursday 19 June 2008Towards a European Charter on the Rights of Energy Consumers

P6_TA(2008)0306

European Parliament resolution of 19 June 2008 on Towards a European Charter on the Rights of Energy Consumers (2008/2006(INI))

2009/C 286 E/06

The European Parliament,

having regard to the Commission proposal for a directive of the European Parliament and of the Council amending Directive 2003/54/EC concerning common rules for the internal market in electricity (COM(2007)0528),

having regard to the Commission proposal for a directive of the European Parliament and of the Council amending Directive 2003/55/EC concerning common rules for the internal market in natural gas (COM(2007)0529),

having regard to the Council conclusions of 15 February 2007 on an Energy Policy for Europe (6271/2007),

having regard to the Commission Communication entitled ‘An Energy Policy for Europe’ (COM(2007)0001),

having regard to the Commission Communication entitled ‘Inquiry pursuant to Article 17 of Regulation (EC) No 1/2003 into the European gas and electricity sectors’ (COM(2006)0851),

having regard to the Commission staff working document entitled ‘Prospects for the internal gas and electricity market — Implementation Report’ (SEC(2006)1709), accompanying document to the Commission Communication (COM(2006)0841),

having regard to the Commission staff working document entitled ‘EU energy policy data’ (SEC(2007)0012),

having regard to Council Directive 2004/67/EC of 26 April 2004 concerning measures to safeguard security of natural gas supply (1),

having regard to the Annual Report of the European Energy Regulators for the period 1 January 2006 to 31 December 2006 to all members of the Council of European Energy Regulators and the European Regulators Group for Electricity and Gas, the European Parliament, the Council and the Commission, made under Article 3(8) of Commission Decision 2003/796/EC of 11 November 2003 on establishing the European Regulators Group for Electricity and Gas (2),

having regard to the Presidency Conclusions of the European Council of 8-9 March 2007, concerning the European Council's endorsement of a ‘European Council Action Plan (2007-2009) — Energy Policy for Europe’ (7224/2007),

having regard to Commission Communication entitled ‘Towards a European Charter on the Rights of Energy Consumers’ (COM(2007)0386),

having regard to Rule 45 of its Rules of Procedure,

having regard to the report of the Committee on Internal Market and Consumer Protection and the opinion of the Committee on Industry, Research and Energy (A6-0202/2008),

| A. | whereas the principles of social inclusion, equal opportunities for all and fair access to knowledge in the digital era mean that it is essential for every citizen of the Union to have affordable access to energy, |
| --- | --- |

A.

whereas the principles of social inclusion, equal opportunities for all and fair access to knowledge in the digital era mean that it is essential for every citizen of the Union to have affordable access to energy,

| B. | whereas consumers — especially individuals and small and medium-sized enterprises (SMEs) — have limited tools at their disposal and opportunities to represent their interests in an effective way, |
| --- | --- |

B.

whereas consumers — especially individuals and small and medium-sized enterprises (SMEs) — have limited tools at their disposal and opportunities to represent their interests in an effective way,

| C. | whereas adequate energy provision constitutes one of the key elements towards achieving citizens’ successful participation in social and economic life, |
| --- | --- |

C.

whereas adequate energy provision constitutes one of the key elements towards achieving citizens’ successful participation in social and economic life,

| D. | whereas the European Charter on the Rights of Energy Consumers (the Charter) constitutes an appeal to and stimulus for governments, energy regulators and the industry, represented by all social partners, to contribute in a concrete way to ensuring that energy consumers’ interest are being taken into account in a social, environmental and competitive EU energy market, |
| --- | --- |

D.

whereas the European Charter on the Rights of Energy Consumers (the Charter) constitutes an appeal to and stimulus for governments, energy regulators and the industry, represented by all social partners, to contribute in a concrete way to ensuring that energy consumers’ interest are being taken into account in a social, environmental and competitive EU energy market,

| E. | whereas given that in markets with imperfect competition, such as the energy sector, market mechanisms alone do not always fully ensure consumers’ best interests, general customer protection, in addition to energy market-specific public service obligations, must be addressed and enforced, |
| --- | --- |

E.

whereas given that in markets with imperfect competition, such as the energy sector, market mechanisms alone do not always fully ensure consumers’ best interests, general customer protection, in addition to energy market-specific public service obligations, must be addressed and enforced,

| F. | whereas the available data suggest that Member States have made only limited use of targeted public service obligations to address the needs of vulnerable customers, |
| --- | --- |

F.

whereas the available data suggest that Member States have made only limited use of targeted public service obligations to address the needs of vulnerable customers,

| G. | whereas there should be a strong focus on the role conferred on the National Regulatory Authorities (NRAs), which shall be independent from any public or private interest and have the competence to monitor energy markets, including prices and all their components, and to intervene and to sanction if needed, |
| --- | --- |

G.

whereas there should be a strong focus on the role conferred on the National Regulatory Authorities (NRAs), which shall be independent from any public or private interest and have the competence to monitor energy markets, including prices and all their components, and to intervene and to sanction if needed,

| H. | whereas consumer dispute resolution in the field of energy is not sufficiently covered by legislation, and whereas the resolution of such disputes is dealt with by a number of different authorities, and consumers do not know whom to approach, |
| --- | --- |

H.

whereas consumer dispute resolution in the field of energy is not sufficiently covered by legislation, and whereas the resolution of such disputes is dealt with by a number of different authorities, and consumers do not know whom to approach,

| I. | whereas the EU targets regarding renewable energy should be integrated into the European Charter on the Rights of Energy Consumers in order to allow consumers to choose energy sources that are coherent with these targets, |
| --- | --- |

I.

whereas the EU targets regarding renewable energy should be integrated into the European Charter on the Rights of Energy Consumers in order to allow consumers to choose energy sources that are coherent with these targets,

Nature of the Charter

| 1. | Stresses the fact that energy supply is a key element for the successful participation of citizens in social and economic life; |
| --- | --- |

1.

Stresses the fact that energy supply is a key element for the successful participation of citizens in social and economic life;

| 2. | Recalls that, although the rights of consumers are already protected by the Community legislation in force, they are often not respected; emphasises that the reinforcement of consumer protection measures can best be achieved by more effective implementation of the existing legislation; |
| --- | --- |

2.

Recalls that, although the rights of consumers are already protected by the Community legislation in force, they are often not respected; emphasises that the reinforcement of consumer protection measures can best be achieved by more effective implementation of the existing legislation;

| 3. | Points out that adoption of the package of proposals concerning the electricity and natural gas markets (the ‘Third Package’ proposals) which Parliament is currently debating would further reinforce the legal framework for the protection of energy consumers; |
| --- | --- |

3.

Points out that adoption of the package of proposals concerning the electricity and natural gas markets (the ‘Third Package’ proposals) which Parliament is currently debating would further reinforce the legal framework for the protection of energy consumers;

| 4. | Considers that the future protection of energy consumers must continue to be based on joint action by the European Union and Member States; individual consumer protection practices in the energy market might have different effects in different Member States; consistent application of the principle of subsidiarity is therefore vital; |
| --- | --- |

4.

Considers that the future protection of energy consumers must continue to be based on joint action by the European Union and Member States; individual consumer protection practices in the energy market might have different effects in different Member States; consistent application of the principle of subsidiarity is therefore vital;

| 5. | Stresses the absolute need to strengthen consumer protection on energy issues and to use the Charter as a guiding tool for European and national authorities, as well as private entities, in order to ensure and enforce consumer rights effectively; |
| --- | --- |

5.

Stresses the absolute need to strengthen consumer protection on energy issues and to use the Charter as a guiding tool for European and national authorities, as well as private entities, in order to ensure and enforce consumer rights effectively;

| 6. | Points to Article 3 of, and Annex A to, Directives 2003/54/EC (3) and 2003/55/EC (4), as will be amended by the ‘Third Package’ proposals; emphasises the need for better enforcement at national level; |
| --- | --- |

6.

Points to Article 3 of, and Annex A to, Directives 2003/54/EC (3) and 2003/55/EC (4), as will be amended by the ‘Third Package’ proposals; emphasises the need for better enforcement at national level;

| 7. | Considers the Charter as an information document collecting, clarifying and consolidating the energy rights of consumers as already adopted in the existing EU legislation; welcomes, therefore, the Commission's plan to devise an Internet tool on consumer rights in energy, but highlights the need for a broader communication strategy for consumers who do not have Internet access or for whom the Internet is an unsuitable communication medium; |
| --- | --- |

7.

Considers the Charter as an information document collecting, clarifying and consolidating the energy rights of consumers as already adopted in the existing EU legislation; welcomes, therefore, the Commission's plan to devise an Internet tool on consumer rights in energy, but highlights the need for a broader communication strategy for consumers who do not have Internet access or for whom the Internet is an unsuitable communication medium;

| 8. | Points out that the Charter must also meet the needs of small professional users, who often face the same problems as ordinary energy consumers; |
| --- | --- |

8.

Points out that the Charter must also meet the needs of small professional users, who often face the same problems as ordinary energy consumers;

Access to transmission and distribution grids and supply

| 9. | Recalls that the European energy market continues to be characterised by a large number of monopolies; this restricts freedom of choice and the possibility of changing supplier quickly and free of charge, increases the lack of information and, as a result, heightens the vulnerability of consumers; it is important to ensure that efforts are made to create a single, competitive energy market and to protect, in particular, vulnerable customers; |
| --- | --- |

9.

Recalls that the European energy market continues to be characterised by a large number of monopolies; this restricts freedom of choice and the possibility of changing supplier quickly and free of charge, increases the lack of information and, as a result, heightens the vulnerability of consumers; it is important to ensure that efforts are made to create a single, competitive energy market and to protect, in particular, vulnerable customers;

| 10. | Stresses that European electricity and gas consumers have the right to be connected to the networks and to be supplied with electricity and gas, at reasonable, transparent, non- discriminatory and clearly comparable tariffs and prices, including adjusted prices and tariffs resulting from their respective indexation mechanisms; non-discrimination should include a prohibition on discriminatory charges on certain methods of payment, in particular for those — often vulnerable — consumers charged by means of a prepayment meter; |
| --- | --- |

10.

Stresses that European electricity and gas consumers have the right to be connected to the networks and to be supplied with electricity and gas, at reasonable, transparent, non- discriminatory and clearly comparable tariffs and prices, including adjusted prices and tariffs resulting from their respective indexation mechanisms; non-discrimination should include a prohibition on discriminatory charges on certain methods of payment, in particular for those — often vulnerable — consumers charged by means of a prepayment meter;

| 11. | Underlines that special attention must be paid to consumer protection and that safeguards must be put in place in order to prevent grid disconnection; Member States have to appoint a supplier of last resort and inform the consumers thereof; such a mechanism must be set up by national legislation; |
| --- | --- |

11.

Underlines that special attention must be paid to consumer protection and that safeguards must be put in place in order to prevent grid disconnection; Member States have to appoint a supplier of last resort and inform the consumers thereof; such a mechanism must be set up by national legislation;

| 12. | Stresses that disconnection from the network should be considered only as a last resort solution in cases of arrears of payments on the part of consumers, especially as far as vulnerable consumers and holiday periods are concerned; providers ought to apply the principle of proportionality, as well as make an individual notification to the consumer, before proceeding with such an action; |
| --- | --- |

12.

Stresses that disconnection from the network should be considered only as a last resort solution in cases of arrears of payments on the part of consumers, especially as far as vulnerable consumers and holiday periods are concerned; providers ought to apply the principle of proportionality, as well as make an individual notification to the consumer, before proceeding with such an action;

| 13. | Stresses the need to ensure the protection of universal rights, especially as regards access to energy for different social, economic and regional groups through stability and security of supply, as well as the effectiveness of networks, by promoting cooperation at regional level between Member States and neighbouring countries with a European perspective; |
| --- | --- |

13.

Stresses the need to ensure the protection of universal rights, especially as regards access to energy for different social, economic and regional groups through stability and security of supply, as well as the effectiveness of networks, by promoting cooperation at regional level between Member States and neighbouring countries with a European perspective;

| 14. | Calls on the Member States to ensure that the consumer is able to switch easily, and within a period that does not exceed one month, to a new supplier, free of charge; |
| --- | --- |

14.

Calls on the Member States to ensure that the consumer is able to switch easily, and within a period that does not exceed one month, to a new supplier, free of charge;

Tariffs, prices

| 15. | Stresses that European electricity and gas prices must be reasonable, easily and clearly comparable, and transparent as well as based on actual energy consumption; published prices, tariffs, indexation mechanisms and conditions must be easily accessible to the consumer by means of a comprehensive and easily understandable set of information tools; furthermore, they should be communicated beforehand to, and monitored or approved by, the independent national regulator; |
| --- | --- |

15.

Stresses that European electricity and gas prices must be reasonable, easily and clearly comparable, and transparent as well as based on actual energy consumption; published prices, tariffs, indexation mechanisms and conditions must be easily accessible to the consumer by means of a comprehensive and easily understandable set of information tools; furthermore, they should be communicated beforehand to, and monitored or approved by, the independent national regulator;

| 16. | Underlines that it is a customary contractual obligation on providers to carry out a calculation, on a regular basis and on predetermined dates, so as to ensure that consumers are charged according to the actual quantity of energy that they have used; if providers are unable to comply with such an obligation for, for example, technical reasons, the consumption of energy ought to be calculated on the basis of reasonable and transparent criteria, which are clearly stated in the contract; |
| --- | --- |

16.

Underlines that it is a customary contractual obligation on providers to carry out a calculation, on a regular basis and on predetermined dates, so as to ensure that consumers are charged according to the actual quantity of energy that they have used; if providers are unable to comply with such an obligation for, for example, technical reasons, the consumption of energy ought to be calculated on the basis of reasonable and transparent criteria, which are clearly stated in the contract;

| 17. | Highlights in this regard the development of market actors specialising in publishing comparable information regarding suppliers’ prices, tariffs and conditions, as well as providing support in switching providers; |
| --- | --- |

17.

Highlights in this regard the development of market actors specialising in publishing comparable information regarding suppliers’ prices, tariffs and conditions, as well as providing support in switching providers;

| 18. | Calls on the Member States to promote ‘smart meters’, which provide consumers with a clear view of their actual energy consumption and therefore contribute to better energy efficiency; recalls the requirements of Article 13 of Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services (5) on the provision of smart meters; calls urgently on the Commission and Member States to implement and enforce the requirements on metering and billing set out in that Directive, in the interests of consumer information and energy; |
| --- | --- |

18.

Calls on the Member States to promote ‘smart meters’, which provide consumers with a clear view of their actual energy consumption and therefore contribute to better energy efficiency; recalls the requirements of Article 13 of Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services (5) on the provision of smart meters; calls urgently on the Commission and Member States to implement and enforce the requirements on metering and billing set out in that Directive, in the interests of consumer information and energy;

| 19. | Considers that the Member States should be required to ensure that the roll-out of smart meters is completed with minimum disruption to consumers within 10 years of the entry into force of the ‘Third Package’ proposals (amending Directives 2003/54/EC and 2003/55/EC) and should be the responsibility of energy distribution or supply companies; NRAs should be made responsible for monitoring the process of such development and for laying down common standards for that purpose; Member States should be required to ensure that standards establishing the minimum technical design and operational requirements for meters address interoperability issues to provide maximum benefit at minimum cost to consumers; |
| --- | --- |

19.

Considers that the Member States should be required to ensure that the roll-out of smart meters is completed with minimum disruption to consumers within 10 years of the entry into force of the ‘Third Package’ proposals (amending Directives 2003/54/EC and 2003/55/EC) and should be the responsibility of energy distribution or supply companies; NRAs should be made responsible for monitoring the process of such development and for laying down common standards for that purpose; Member States should be required to ensure that standards establishing the minimum technical design and operational requirements for meters address interoperability issues to provide maximum benefit at minimum cost to consumers;

Information/contracts

| 20. | To safeguard transparency, underlines the need to develop a model for standard invoices based on best practice; in order to ensure comparability; underlines the need for the development of standard pre-contractual and contractual information, including information on the consumer's right under the Charter; |
| --- | --- |

20.

To safeguard transparency, underlines the need to develop a model for standard invoices based on best practice; in order to ensure comparability; underlines the need for the development of standard pre-contractual and contractual information, including information on the consumer's right under the Charter;

| 21. | Calls on Member States to put in place a physical single entry point for any consumer information request, for example through national energy regulators, thus facilitating consumer access to information and at the same time ensuring that information is available as close to consumers as possible in terms of place, time, tools and thoroughness; |
| --- | --- |

21.

Calls on Member States to put in place a physical single entry point for any consumer information request, for example through national energy regulators, thus facilitating consumer access to information and at the same time ensuring that information is available as close to consumers as possible in terms of place, time, tools and thoroughness;

| 22. | Underlines the need for the Commission to develop, in cooperation with the NRAs, quality criteria to be applied to consumer-related services, including call centres; |
| --- | --- |

22.

Underlines the need for the Commission to develop, in cooperation with the NRAs, quality criteria to be applied to consumer-related services, including call centres;

| 23. | Is of the opinion that tariff simulators must be available on the websites of suppliers and of the independent national regulator; underlines that consumers must, on a regular basis, be informed about their energy consumption; |
| --- | --- |

23.

Is of the opinion that tariff simulators must be available on the websites of suppliers and of the independent national regulator; underlines that consumers must, on a regular basis, be informed about their energy consumption;

| 24. | Underlines the need to oblige suppliers to inform consumers of the promulgation of the Charter; |
| --- | --- |

24.

Underlines the need to oblige suppliers to inform consumers of the promulgation of the Charter;

Social measures

| 25. | Deplores the fact that vulnerable energy consumers have serious problems that need to be explicitly addressed in national social security systems or other equivalent measures; |
| --- | --- |

25.

Deplores the fact that vulnerable energy consumers have serious problems that need to be explicitly addressed in national social security systems or other equivalent measures;

| 26. | Calls on Member States to invest as a priority in comprehensive energy efficiency measures for low-income households, thereby addressing in a strategic manner both the problem of fuel poverty and the ‘20 % by 2020’ energy efficiency target adopted at the 2007 Spring European Council; |
| --- | --- |

26.

Calls on Member States to invest as a priority in comprehensive energy efficiency measures for low-income households, thereby addressing in a strategic manner both the problem of fuel poverty and the ‘20 % by 2020’ energy efficiency target adopted at the 2007 Spring European Council;

| 27. | Calls on the Commission to provide guidance on a common definition of public service obligations and to oversee the implementation by the Member States of the obligations as laid down in Article 3 of and Annex A to Directives 2003/54/EC and 2003/55/EC; |
| --- | --- |

27.

Calls on the Commission to provide guidance on a common definition of public service obligations and to oversee the implementation by the Member States of the obligations as laid down in Article 3 of and Annex A to Directives 2003/54/EC and 2003/55/EC;

| 28. | Calls on the Commission to define the notion of energy poverty; |
| --- | --- |

28.

Calls on the Commission to define the notion of energy poverty;

| 29. | Calls on Member States to set up National Energy Action Plans addressing energy poverty and to communicate such measures to the European Agency for the Cooperation of Energy Regulators; calls on the Agency to monitor these measures in cooperation with the national authorities and to communicate successful measures; stresses that an appraisal should be made of the extent to which the individual national social security or tax systems take account of the risks associated with energy poverty; |
| --- | --- |

29.

Calls on Member States to set up National Energy Action Plans addressing energy poverty and to communicate such measures to the European Agency for the Cooperation of Energy Regulators; calls on the Agency to monitor these measures in cooperation with the national authorities and to communicate successful measures; stresses that an appraisal should be made of the extent to which the individual national social security or tax systems take account of the risks associated with energy poverty;

Environmental measures

| 30. | Underlines that providers and network operators ought to act in an environmentally responsible manner, making every possible effort to keep CO2 emissions, as well as the production of radioactive waste, at the lowest possible levels provided for under the applicable law; |
| --- | --- |

30.

Underlines that providers and network operators ought to act in an environmentally responsible manner, making every possible effort to keep CO2 emissions, as well as the production of radioactive waste, at the lowest possible levels provided for under the applicable law;

| 31. | Considers that priority should be given to renewable energy sources, combined heat and power and other embedded generation, and that the right of consumers to make an informed choice in favour of renewable energies should be recognised in the Charter; considers, therefore, that all consumers should be informed in an objective, transparent and non-discriminatory way about the sources of energy available to them; |
| --- | --- |

31.

Considers that priority should be given to renewable energy sources, combined heat and power and other embedded generation, and that the right of consumers to make an informed choice in favour of renewable energies should be recognised in the Charter; considers, therefore, that all consumers should be informed in an objective, transparent and non-discriminatory way about the sources of energy available to them;

| 32. | Stresses, therefore, the need to implement in practice Article 3(6) of Directive 2003/54/EC, according to which Member States shall ensure that consumers receive reliable information about the energy mix of the electricity supplier and the environmental impact resulting from the electricity produced by the supplier's energy mix; |
| --- | --- |

32.

Stresses, therefore, the need to implement in practice Article 3(6) of Directive 2003/54/EC, according to which Member States shall ensure that consumers receive reliable information about the energy mix of the electricity supplier and the environmental impact resulting from the electricity produced by the supplier's energy mix;

National Regulatory Authorities (NRAs)

| 33. | Underlines the existence of NRAs in the Member States, but deplores their limited power today; is of the opinion that Member States should ensure that NRAs have sufficient statutory powers and resources, and that they are willing to use them; |
| --- | --- |

33.

Underlines the existence of NRAs in the Member States, but deplores their limited power today; is of the opinion that Member States should ensure that NRAs have sufficient statutory powers and resources, and that they are willing to use them;

| 34. | Expresses its conviction that national regulators should play a central role in consumer protection; believes, for this reason, that proposals aimed at reinforcing the powers and independence of regulators, including the right to impose sanctions on suppliers who do not comply with Community law relating to this issue, should be supported; |
| --- | --- |

34.

Expresses its conviction that national regulators should play a central role in consumer protection; believes, for this reason, that proposals aimed at reinforcing the powers and independence of regulators, including the right to impose sanctions on suppliers who do not comply with Community law relating to this issue, should be supported;

| 35. | Is of the opinion that NRAs must be independent from any public or private interest and have at least the competence to:






  — | approve the principles for determining network charges or the actual grid tariffs, and possibly their indexation mechanisms; |
| --- | --- | --- |

35.

Is of the opinion that NRAs must be independent from any public or private interest and have at least the competence to:

—

approve the principles for determining network charges or the actual grid tariffs, and possibly their indexation mechanisms;

| — | monitor prices and all their components, including their indexation mechanisms; |
| --- | --- |

—

monitor prices and all their components, including their indexation mechanisms;

| — | monitor, control and enforce consumer information provided by the suppliers for at least the first five years after the market has been fully liberalised and until such time as it has been demonstrated that suppliers have and will continue to provide consumers with relevant, transparent and impartial information; |
| --- | --- |

—

monitor, control and enforce consumer information provided by the suppliers for at least the first five years after the market has been fully liberalised and until such time as it has been demonstrated that suppliers have and will continue to provide consumers with relevant, transparent and impartial information;

| — | protect consumers against unfair commercial practices and cooperate, in this respect, with the competent competition authorities; |
| --- | --- |

—

protect consumers against unfair commercial practices and cooperate, in this respect, with the competent competition authorities;

| 36. | Considers that Member States should ensure that NRAs have the necessary powers in order to monitor the electricity and gas offers available on the market; therefore, they shall have access to all decisive elements determining the prices, including at least, gas and electricity contractual terms and conditions and index formulas; |
| --- | --- |

36.

Considers that Member States should ensure that NRAs have the necessary powers in order to monitor the electricity and gas offers available on the market; therefore, they shall have access to all decisive elements determining the prices, including at least, gas and electricity contractual terms and conditions and index formulas;

| 37. | Stresses the need to ensure that the competences of the NRA are incorporated into the proposed Article 22c of Directive 2003/54/EC and the proposed Article 24c of Directive 2003/55/EC; |
| --- | --- |

37.

Stresses the need to ensure that the competences of the NRA are incorporated into the proposed Article 22c of Directive 2003/54/EC and the proposed Article 24c of Directive 2003/55/EC;

| 38. | Underlines the need for an integrated European approach of the activities of the NRAs to be coordinated by the European Agency; |
| --- | --- |

38.

Underlines the need for an integrated European approach of the activities of the NRAs to be coordinated by the European Agency;

Complaints

| 39. | Calls on Member States to put in place as close to consumers as possible a common entry point for any type of consumer complaints and to encourage the resolution of such complaints through alternative methods of dispute resolution; |
| --- | --- |

39.

Calls on Member States to put in place as close to consumers as possible a common entry point for any type of consumer complaints and to encourage the resolution of such complaints through alternative methods of dispute resolution;

| 40. | Stresses that all consumers should have the right to service delivery, complaint handling and alternative dispute resolution by their energy service provider in line with international standards including ISO 10001, ISO 10002 and ISO 10003 and further ISO standards developed in this field; |
| --- | --- |

40.

Stresses that all consumers should have the right to service delivery, complaint handling and alternative dispute resolution by their energy service provider in line with international standards including ISO 10001, ISO 10002 and ISO 10003 and further ISO standards developed in this field;

| 41. | Calls on the Commission and the Member States to ensure that ombudsmen are empowered to treat complaints effectively as well as to provide information on energy issues to consumers; |
| --- | --- |

41.

Calls on the Commission and the Member States to ensure that ombudsmen are empowered to treat complaints effectively as well as to provide information on energy issues to consumers;

Consumer organisations

| 42. | Acknowledges the important role of consumer organisations in ensuring the maximum is done to achieve a high level of energy consumer rights throughout the EU; all Member States should ensure that consumer organisations have sufficient resources to deal with essential services, including gas and electricity; |
| --- | --- |

42.

Acknowledges the important role of consumer organisations in ensuring the maximum is done to achieve a high level of energy consumer rights throughout the EU; all Member States should ensure that consumer organisations have sufficient resources to deal with essential services, including gas and electricity;

| 43. | Calls on the Commission and the Member States to ensure the sustainable development of energy services; emphasises the important role of consumer organisations and NRAs in promoting sustainable consumption by means of drawing the attention of both consumers and companies to, in particular, the energy mix, climate change and the influence of consumers on the development of the sector; |
| --- | --- |

43.

Calls on the Commission and the Member States to ensure the sustainable development of energy services; emphasises the important role of consumer organisations and NRAs in promoting sustainable consumption by means of drawing the attention of both consumers and companies to, in particular, the energy mix, climate change and the influence of consumers on the development of the sector;

| 44. | Recommends that Member States provide financial support to consumer organisations in order for them to be able to train their staff and thus be in a better position to provide assistance in the legislative process, in informing and educating consumers and in consumer dispute resolution; |
| --- | --- |

44.

Recommends that Member States provide financial support to consumer organisations in order for them to be able to train their staff and thus be in a better position to provide assistance in the legislative process, in informing and educating consumers and in consumer dispute resolution;

*

* *

| 45. | Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States. |
| --- | --- |

45.

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

---

(1)  OJ L 127, 29.4.2004, p. 92.

(2)  OJ L 296, 14.11.2003, p. 34.

(3)  Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity (OJ L 176, 15.7.2003, p. 37).

(4)  Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas (OJ L 176, 15.7.2003, p. 57).

(5)  OJ L 114, 27.4.2006, p. 64.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/30 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/30

---

Thursday 19 June 2008Imports of poultry carcasses

P6_TA(2008)0307

European Parliament resolution of 19 June 2008 on imports of poultry carcasses

2009/C 286 E/07

The European Parliament,

having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (1),

having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (2),

having regard to Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents (3),

having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (4),

having regard to Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (5),

having regard to Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (6),

having regard to the decision of the College of Commissioners of 28 May 2008 approving a draft regulation amending Regulation (EC) No 853/2004, aimed at authorising the use of certain anti-microbial substances to remove surface contamination from poultry carcasses,

having regard to the assessment of the possible effect of the four anti-microbial treatment substances on the emergence of anti-microbial resistance, adopted by the European Food Safety Authority (EFSA) Panel on Biological Hazards (BIOHAZ) on 6 March 2008 at the request of the Commission's Directorate General for Health and Consumers,

having regard to the oral question by its Committee on the Environment, Public Health and Food Safety to the Commission which was discussed on 28 May 2008,

having regard to Rule 103(2) of its Rules of Procedure,

| A. | whereas the Commission proposal to amend Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets as regards the rules on the marketing of poultry meat (COM(2008)0336) seeks, by redefining poultry meat, to authorise the marketing of poultry meat that has undergone anti-microbial treatment for the purpose of human consumption, |
| --- | --- |

A.

whereas the Commission proposal to amend Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets as regards the rules on the marketing of poultry meat (COM(2008)0336) seeks, by redefining poultry meat, to authorise the marketing of poultry meat that has undergone anti-microbial treatment for the purpose of human consumption,

| B. | whereas the above mentioned decision of the College of Commissioners seeks to authorise the use of four anti-microbial substances in the treatment of poultry carcasses for human consumption in the European Union, |
| --- | --- |

B.

whereas the above mentioned decision of the College of Commissioners seeks to authorise the use of four anti-microbial substances in the treatment of poultry carcasses for human consumption in the European Union,

| C. | whereas this Commission proposal follows on from the request by the United States for imports into the European Union of US-produced poultry treated with chemicals or anti-microbial substances to be authorised, |
| --- | --- |

C.

whereas this Commission proposal follows on from the request by the United States for imports into the European Union of US-produced poultry treated with chemicals or anti-microbial substances to be authorised,

| D. | whereas the United States may already export poultry meat to the European Union under the current rules, provided that such meat has not undergone anti-microbial treatment, |
| --- | --- |

D.

whereas the United States may already export poultry meat to the European Union under the current rules, provided that such meat has not undergone anti-microbial treatment,

| E. | whereas the precautionary principle was expressly laid down in the Treaty in 1992 and whereas the Court of Justice of the European Communities has, on numerous occasions, clarified the substance and scope of this principle of Community law as one of the foundations of Community protection policy in the environment and health spheres (7), |
| --- | --- |

E.

whereas the precautionary principle was expressly laid down in the Treaty in 1992 and whereas the Court of Justice of the European Communities has, on numerous occasions, clarified the substance and scope of this principle of Community law as one of the foundations of Community protection policy in the environment and health spheres (7),

| F. | whereas the authorisation of anti-microbial treatment, either only for imported products or also within the EU, would in both cases mean double standards, as the European sector has been forced to invest heavily in a whole chain approach, while the US is applying only a cheap ‘end of pipe’ solution, |
| --- | --- |

F.

whereas the authorisation of anti-microbial treatment, either only for imported products or also within the EU, would in both cases mean double standards, as the European sector has been forced to invest heavily in a whole chain approach, while the US is applying only a cheap ‘end of pipe’ solution,

| G. | whereas the Commission acknowledges the lack of scientific data on the environmental and health impact of using the four anti-microbial substances whose authorisation is now being proposed, |
| --- | --- |

G.

whereas the Commission acknowledges the lack of scientific data on the environmental and health impact of using the four anti-microbial substances whose authorisation is now being proposed,

| H. | whereas consumers could be misled, as the chlorination procedure might alter the appearance of meat to make it look fresher than it is, |
| --- | --- |

H.

whereas consumers could be misled, as the chlorination procedure might alter the appearance of meat to make it look fresher than it is,

| I. | having regard to the long process of adopting and consolidating Community food safety and hygiene rules and standards, which has served to reduce the number of infections caused by various specified food-borne zoonotic agents, |
| --- | --- |

I.

having regard to the long process of adopting and consolidating Community food safety and hygiene rules and standards, which has served to reduce the number of infections caused by various specified food-borne zoonotic agents,

| J. | whereas, according to the findings of an assessment conducted by the US Centers for Disease Control and Prevention (CDC), the use of anti-microbial substances in the United States has not reduced the number of infections caused by listeria, salmonella and other bacteria, |
| --- | --- |

J.

whereas, according to the findings of an assessment conducted by the US Centers for Disease Control and Prevention (CDC), the use of anti-microbial substances in the United States has not reduced the number of infections caused by listeria, salmonella and other bacteria,

| K. | whereas the Agriculture and Fisheries Council has already discussed the topic twice and whereas the general reaction of the Member States to the Commission plans to authorise the anti-microbial treatment of poultry carcases has been negative, |
| --- | --- |

K.

whereas the Agriculture and Fisheries Council has already discussed the topic twice and whereas the general reaction of the Member States to the Commission plans to authorise the anti-microbial treatment of poultry carcases has been negative,

| L. | whereas at its meeting of 2 June 2008 the Standing Committee on the Food Chain and Animal Health rejected the above Commission proposal by 316 votes to nil, with 29 abstentions, thus sending out a clear and forceful message prior to the EU-US Summit in Brdo, Slovenia, |
| --- | --- |

L.

whereas at its meeting of 2 June 2008 the Standing Committee on the Food Chain and Animal Health rejected the above Commission proposal by 316 votes to nil, with 29 abstentions, thus sending out a clear and forceful message prior to the EU-US Summit in Brdo, Slovenia,

| M. | whereas the Commission is obliged to forward its proposal to the Council following its rejection by the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

M.

whereas the Commission is obliged to forward its proposal to the Council following its rejection by the Standing Committee on the Food Chain and Animal Health,

| 1. | Voices its disapproval of the Commission proposal; |
| --- | --- |

1.

Voices its disapproval of the Commission proposal;

| 2. | Calls on the Council to reject the proposal; |
| --- | --- |

2.

Calls on the Council to reject the proposal;

| 3. | Is strongly of the opinion that this issue should be dealt with by the Agriculture and Fisheries Council and not by other Council configurations; |
| --- | --- |

3.

Is strongly of the opinion that this issue should be dealt with by the Agriculture and Fisheries Council and not by other Council configurations;

| 4. | Requests to be consulted and fully informed by the Commission before any further decisions in preparation for the next Transatlantic Economic Council meeting, which takes place in October 2008; |
| --- | --- |

4.

Requests to be consulted and fully informed by the Commission before any further decisions in preparation for the next Transatlantic Economic Council meeting, which takes place in October 2008;

| 5. | Stresses that authorisation of the four anti-microbial substances for the treatment of poultry carcasses intended for human consumption would pose a serious threat to Community rules and standards and would constitute a setback for the efforts and adjustments made by poultry professionals with a view to reducing the incidence of bacterial infection in the European Union; points out that it would also represent a serious and extremely damaging reversal of Community policy in this area and a blow to the credibility of Community efforts to promote high food safety and hygiene standards at international level; |
| --- | --- |

5.

Stresses that authorisation of the four anti-microbial substances for the treatment of poultry carcasses intended for human consumption would pose a serious threat to Community rules and standards and would constitute a setback for the efforts and adjustments made by poultry professionals with a view to reducing the incidence of bacterial infection in the European Union; points out that it would also represent a serious and extremely damaging reversal of Community policy in this area and a blow to the credibility of Community efforts to promote high food safety and hygiene standards at international level;

| 6. | Draws attention to the considerable investments made in this area by European poultry professionals, in accordance with Community legislation, with a view to reducing pathogen contamination by implementing a total food chain approach; |
| --- | --- |

6.

Draws attention to the considerable investments made in this area by European poultry professionals, in accordance with Community legislation, with a view to reducing pathogen contamination by implementing a total food chain approach;

| 7. | Considers the total food chain approach, as used within the European Union, to be a more sustainable means of reducing pathogen levels in poultry meat than decontamination using anti-microbial substances at the end of the food production process; |
| --- | --- |

7.

Considers the total food chain approach, as used within the European Union, to be a more sustainable means of reducing pathogen levels in poultry meat than decontamination using anti-microbial substances at the end of the food production process;

| 8. | Voices its concern at the fact that authorisation of imports of such poultry meat could undermine European standards; |
| --- | --- |

8.

Voices its concern at the fact that authorisation of imports of such poultry meat could undermine European standards;

| 9. | Stresses that the proposal is out of step with both the European public's food safety and hygiene expectations and the demand for production models — both within and outside Europe — which ensure that high hygiene standards are maintained throughout the production and distribution process; stresses that it would be likely to undermine European consumer confidence in foodstuffs sold within the European Union, which remains fragile following the food safety problems that have arisen within the Union over recent years; |
| --- | --- |

9.

Stresses that the proposal is out of step with both the European public's food safety and hygiene expectations and the demand for production models — both within and outside Europe — which ensure that high hygiene standards are maintained throughout the production and distribution process; stresses that it would be likely to undermine European consumer confidence in foodstuffs sold within the European Union, which remains fragile following the food safety problems that have arisen within the Union over recent years;

| 10. | Acknowledges the need for suitable scientific advice taking due account of the need for consumer protection and information; considers that the arrangements ultimately adopted, whatever they may be, should not result in any distortion of competition; |
| --- | --- |

10.

Acknowledges the need for suitable scientific advice taking due account of the need for consumer protection and information; considers that the arrangements ultimately adopted, whatever they may be, should not result in any distortion of competition;

| 11. | Instructs its President to forward this resolution to the Council and Commission, to the governments and parliaments of the Member States and to the EFSA. |
| --- | --- |

11.

Instructs its President to forward this resolution to the Council and Commission, to the governments and parliaments of the Member States and to the EFSA.

---

(1)  OJ L 139 of 30.4.2004, p. 55.

(2)  OJ L 299 of 16.11.2007, p. 1.

(3)  OJ L 325 of 12.12.2003, p. 1.

(4)  OJ L 165 of 30.4.2004, p. 1.

(5)  OJ L 135 of 30.5.1991, p. 40.

(6)  OJ L 131 of 5.5.1998, p. 11.

(7)  Judgment of 23 September 2003 in Case C-192/01 Commission v Denmark [2003] ECR I-9693; judgment of 7 September 2004 in Case C-127/02 Landelijke Vereniging tot Behoud van de Waddenzee, Nederlandse Vereniging tot Bescherming van Vogels v Staatssecretaris van Landbouw, Natuurbeheer en Visserij [2004] ECR I-7405.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/32 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/32

---

Thursday 19 June 2008Crisis in the fisheries sector

P6_TA(2008)0308

European Parliament resolution of 19 June 2008 on the crisis in the fisheries sector caused by rising fuel prices

2009/C 286 E/08

The European Parliament,

having regard to Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (1),

having regard to the Communication from the Commission to the Council and the European Parliament on improving the economic situation in the fishing industry (COM(2006)0103),

having regard to the conference organised by the Commission and held in Brussels on 10-11 May 2006 on new technologies in the field of fisheries,

having regard to its resolutions of 28 September 2006 on improving the economic situation in the fishing industry (2) and of 12 December 2007 on the common organisation of the market in the fisheries and aquaculture products sector (3),

having regard to Rule 108(5) of its Rules of Procedure,

| A. | whereas the current crisis facing the Community fishing industry is due to the constant rise in the price of fuel, which has risen by more than 300 % in the last five years and by more than 40 % since January 2008, |
| --- | --- |

A.

whereas the current crisis facing the Community fishing industry is due to the constant rise in the price of fuel, which has risen by more than 300 % in the last five years and by more than 40 % since January 2008,

| B. | whereas prices of fisheries products are similar to those of twenty years ago, and whereas in the case of some species a considerable reduction of up to 25 % has occurred since the beginning of the year owing to mass imports from illegal fishing, |
| --- | --- |

B.

whereas prices of fisheries products are similar to those of twenty years ago, and whereas in the case of some species a considerable reduction of up to 25 % has occurred since the beginning of the year owing to mass imports from illegal fishing,

| C. | whereas in the fisheries sector, unlike other sectors of the economy, the price of fuel cannot affect the price of first sale of products, since in the current situation fishermen cannot set prices, |
| --- | --- |

C.

whereas in the fisheries sector, unlike other sectors of the economy, the price of fuel cannot affect the price of first sale of products, since in the current situation fishermen cannot set prices,

| D. | whereas the rise in fuel prices is having direct and indirect repercussions on the incomes of crews, owing to the link between wages and income from the first sale of catches, |
| --- | --- |

D.

whereas the rise in fuel prices is having direct and indirect repercussions on the incomes of crews, owing to the link between wages and income from the first sale of catches,

| E. | whereas EU fishermen's incomes have fallen this year, despite the fact that the fishermen have incurred rising costs, |
| --- | --- |

E.

whereas EU fishermen's incomes have fallen this year, despite the fact that the fishermen have incurred rising costs,

| F. | whereas, in spite of the restructuring plans in force and successive business readjustments, the continual worsening of this crisis has made many companies financially unviable and other fishing enterprises have been left in high-risk situations, leading to protest demonstrations in many Member States, |
| --- | --- |

F.

whereas, in spite of the restructuring plans in force and successive business readjustments, the continual worsening of this crisis has made many companies financially unviable and other fishing enterprises have been left in high-risk situations, leading to protest demonstrations in many Member States,

| G. | whereas there needs to be major investment, at both European and national level, in new technologies to increase energy efficiency in fishing vessels and in ways to reduce their dependency on fossil fuels, |
| --- | --- |

G.

whereas there needs to be major investment, at both European and national level, in new technologies to increase energy efficiency in fishing vessels and in ways to reduce their dependency on fossil fuels,

| H. | whereas certain Member States have initiated schemes aimed at reducing fuel consumption by their fleets and whereas such innovations are to be supported, |
| --- | --- |

H.

whereas certain Member States have initiated schemes aimed at reducing fuel consumption by their fleets and whereas such innovations are to be supported,

| I. | whereas the EU has committed itself to a considerable reduction in greenhouse gas emissions under the Climate and Energy Package, and whereas the fisheries sector can contribute to this effort, |
| --- | --- |

I.

whereas the EU has committed itself to a considerable reduction in greenhouse gas emissions under the Climate and Energy Package, and whereas the fisheries sector can contribute to this effort,

| J. | whereas a solution to the current problems facing the fisheries sector can only be found if strong measures are taken at both national and European level in the short, medium and long term, |
| --- | --- |

J.

whereas a solution to the current problems facing the fisheries sector can only be found if strong measures are taken at both national and European level in the short, medium and long term,

| 1. | Expresses its solidarity with the EU fishermen and calls on the Commission and the Council to envisage measures in order to resolve the present crisis in the fisheries sector; |
| --- | --- |

1.

Expresses its solidarity with the EU fishermen and calls on the Commission and the Council to envisage measures in order to resolve the present crisis in the fisheries sector;

| 2. | Calls on the Member States to speed up procedures to enable the payment of aid under Commission Regulation (EC) No 875/2007 of 24 July 2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the fisheries sector (4); |
| --- | --- |

2.

Calls on the Member States to speed up procedures to enable the payment of aid under Commission Regulation (EC) No 875/2007 of 24 July 2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the fisheries sector (4);

| 3. | Reiterates in this context its call to the Commission to revise the abovementioned Regulation so as to increase the aid to EUR 100 000 per vessel instead of per undertaking, so that the level of aid is brought closer to that in other economic sectors; |
| --- | --- |

3.

Reiterates in this context its call to the Commission to revise the abovementioned Regulation so as to increase the aid to EUR 100 000 per vessel instead of per undertaking, so that the level of aid is brought closer to that in other economic sectors;

| 4. | Draws the attention of the Member States to the new Community Guidelines for the examination of State aid to fisheries and aquaculture (5), which allow tax relief and reductions in social costs for Community vessels that operate outside Community waters, and asks for these measures to be applied to those vessels that request it; |
| --- | --- |

4.

Draws the attention of the Member States to the new Community Guidelines for the examination of State aid to fisheries and aquaculture (5), which allow tax relief and reductions in social costs for Community vessels that operate outside Community waters, and asks for these measures to be applied to those vessels that request it;

| 5. | Recalls that, together with the rising price of oil, one of the most recurrent claims of the EU fishing fleet with regard to the fall in the price of its products relates to massive imports of fishing products at low prices from illegal fishing, and therefore insists that:






  (a) | the Council act responsibly by adopting the future directive against illegal, unreported and unregulated (IUU) fishing, so that controls on imports from IUU fishing are strengthened and improved; |
| --- | --- | --- |

5.

Recalls that, together with the rising price of oil, one of the most recurrent claims of the EU fishing fleet with regard to the fall in the price of its products relates to massive imports of fishing products at low prices from illegal fishing, and therefore insists that:

(a)

the Council act responsibly by adopting the future directive against illegal, unreported and unregulated (IUU) fishing, so that controls on imports from IUU fishing are strengthened and improved;

| (b) | controls on fisheries products from third countries be intensified and improved so as to guarantee that the same standards are applied to imported products as to Community products; |
| --- | --- |

(b)

controls on fisheries products from third countries be intensified and improved so as to guarantee that the same standards are applied to imported products as to Community products;

| (c) | information on the origin of fisheries products be improved and expanded and, above all, that the compulsory use of an informative label be guaranteed and controlled in all cases, and that fraud in the labelling of products be appropriately tackled; |
| --- | --- |

(c)

information on the origin of fisheries products be improved and expanded and, above all, that the compulsory use of an informative label be guaranteed and controlled in all cases, and that fraud in the labelling of products be appropriately tackled;

| 6. | Reiterates its call to the Commission to submit, as soon as possible, its proposal for the revision of the common organisation of the market in fishery and aquaculture products, taking account of the proposals of the European Parliament, with a view to allowing fishermen to have more responsibility in the setting of prices, thus guaranteeing incomes in the sector, ensuring market stability, improving the marketing of fisheries products and increasing the value added generated; |
| --- | --- |

6.

Reiterates its call to the Commission to submit, as soon as possible, its proposal for the revision of the common organisation of the market in fishery and aquaculture products, taking account of the proposals of the European Parliament, with a view to allowing fishermen to have more responsibility in the setting of prices, thus guaranteeing incomes in the sector, ensuring market stability, improving the marketing of fisheries products and increasing the value added generated;

| 7. | Asks for the fishing fleet adjustment plans to be brought into force in all the Member States and for the financial means necessary for a voluntary restructuring of the fleets to be provided; to this end:






  (a) | calls on the Commission to establish priority criteria for the segments of the fleet that have been most affected by this crisis; |
| --- | --- | --- |

7.

Asks for the fishing fleet adjustment plans to be brought into force in all the Member States and for the financial means necessary for a voluntary restructuring of the fleets to be provided; to this end:

(a)

calls on the Commission to establish priority criteria for the segments of the fleet that have been most affected by this crisis;

| (b) | considers it essential that national Operational Programmes under the European Fisheries Fund be reviewed to allow for more targeted spending; |
| --- | --- |

(b)

considers it essential that national Operational Programmes under the European Fisheries Fund be reviewed to allow for more targeted spending;

| (c) | calls for assistance with a one-off change in fishing gear to produce less fuel-intensive fishing methods; |
| --- | --- |

(c)

calls for assistance with a one-off change in fishing gear to produce less fuel-intensive fishing methods;

| (d) | encourages the purchase of equipment to improve fuel efficiency; |
| --- | --- |

(d)

encourages the purchase of equipment to improve fuel efficiency;

| 8. | Asks the Commission to submit proposals for a seven-year compensation scheme for CO2 reduction in the fisheries sector, based on the current price of EUR 25 per tonne of CO2; |
| --- | --- |

8.

Asks the Commission to submit proposals for a seven-year compensation scheme for CO2 reduction in the fisheries sector, based on the current price of EUR 25 per tonne of CO2;

| 9. | Asks the Commission to support the creation of a specific fisheries-oriented research and development fund, within the existing Seventh Research and Development Framework Programme, to help finance projects aimed at investigating alternative energy sources and improving energy efficiency in the fisheries sector; |
| --- | --- |

9.

Asks the Commission to support the creation of a specific fisheries-oriented research and development fund, within the existing Seventh Research and Development Framework Programme, to help finance projects aimed at investigating alternative energy sources and improving energy efficiency in the fisheries sector;

| 10. | Considers that conversion and diversification of fishing gear can contribute to a reduction in the fisheries sector's energy dependence; |
| --- | --- |

10.

Considers that conversion and diversification of fishing gear can contribute to a reduction in the fisheries sector's energy dependence;

| 11. | Calls on the Commission and the Member States to consult widely with the fishing sector and other interested parties to solicit their ideas on the best ways to achieve such an objective, recognising that the situation and therefore the solutions will not necessarily be the same in all fisheries or regions; |
| --- | --- |

11.

Calls on the Commission and the Member States to consult widely with the fishing sector and other interested parties to solicit their ideas on the best ways to achieve such an objective, recognising that the situation and therefore the solutions will not necessarily be the same in all fisheries or regions;

| 12. | Urges the Commission to formulate specific proposals to alleviate the situation in the areas most dependent on fisheries; |
| --- | --- |

12.

Urges the Commission to formulate specific proposals to alleviate the situation in the areas most dependent on fisheries;

| 13. | Calls for the establishment of a tripartite dialogue at European level between all the players (public administrations, trade unions and fishermen) to deal with the structural problems of the sector, which are not merely a reflection of the oil price crisis, giving priority to fishermen's working conditions; |
| --- | --- |

13.

Calls for the establishment of a tripartite dialogue at European level between all the players (public administrations, trade unions and fishermen) to deal with the structural problems of the sector, which are not merely a reflection of the oil price crisis, giving priority to fishermen's working conditions;

| 14. | Requests that at the next Fisheries Ministers Council, due to take place in June 2008, this matter be discussed as a priority and that the necessary measures to resolve the crisis be adopted; |
| --- | --- |

14.

Requests that at the next Fisheries Ministers Council, due to take place in June 2008, this matter be discussed as a priority and that the necessary measures to resolve the crisis be adopted;

| 15. | Instructs its President to forward this resolution to the Council, the Commission and the representatives of the European fisheries sector organisations. |
| --- | --- |

15.

Instructs its President to forward this resolution to the Council, the Commission and the representatives of the European fisheries sector organisations.

---

(1)  OJ L 223, 15.8.2006, p. 1.

(2)  OJ C 306 E, 15.12.2006, p. 417.

(3)  Texts Adopted, P6_TA(2007)0606.

(4)  OJ L 193, 25.7.2007, p. 6.

(5)  OJ C 84, 3.4.2008, p. 10.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/35 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/35

---

Thursday 19 June 2008EU-Russia Summit 26-27 June 2008

P6_TA(2008)0309

European Parliament resolution of 19 June 2008 on the EU-Russia Summit of 26-27 June 2008 in Khanty-Mansiysk

2009/C 286 E/09

The European Parliament,

having regard to the Partnership and Cooperation Agreement (PCA) between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part (1), which entered into force in 1997 and expired in 2007,

having regard to the decisions of the General Affairs Council of 26 May 2008 approving the negotiating directives for an agreement that will provide a new comprehensive framework for the EU's relations with Russia,

having regard to the objective of the EU and Russia, set out in the joint statement issued following the St Petersburg Summit held on 31 May 2003, to set up a common economic space, a common space of freedom, security and justice, a space of cooperation in the field of external security and a space of research and education, including cultural aspects,

having regard to its previous resolutions on EU relations with Russia, and in particular its resolution of 14 November 2007 on the EU-Russia Summit (2) held in Mafra, Portugal, on 26 October 2007),

having regard to the EU-Russia human rights consultations, and in particular their seventh round on 17 April 2008 covering freedom of the media, expression and assembly, especially in the light of the recent parliamentary and presidential elections, the functioning of civil society, the rights of persons belonging to minorities, combating racism and xenophobia, and the rights of children,

having regard to the 2007 progress report on the implementation of the EU-Russia Common Spaces, prepared by the Commission and published in March 2008,

having regard to the outcome of the eighth meeting of the EU-Russia Permanent Partnership Council on Freedom, Security and Justice held in St Petersburg on 24-25 April 2008,

having regard to the statement by the chair of the EP delegation to the EU-Russia Partnership and Cooperation Council following the EU-Russia working group's visit to Moscow on 17-18 March 2008,

having regard to Rule 103(4) of its Rules of Procedure,

| A. | whereas relations between the EU and Russia have been steadily developing over the past decade, leading to deep and comprehensive economic integration and interdependence, which is bound to increase even more in the near future, |
| --- | --- |

A.

whereas relations between the EU and Russia have been steadily developing over the past decade, leading to deep and comprehensive economic integration and interdependence, which is bound to increase even more in the near future,

| B. | whereas the EU and Russia, which is a member of the UN Security Council, share a responsibility for global stability and security and whereas enhanced cooperation and good-neighbourly relations between the EU and Russia are of particular importance to the stability, security and prosperity of Europe, |
| --- | --- |

B.

whereas the EU and Russia, which is a member of the UN Security Council, share a responsibility for global stability and security and whereas enhanced cooperation and good-neighbourly relations between the EU and Russia are of particular importance to the stability, security and prosperity of Europe,

| C. | whereas the conclusion of a Strategic Partnership Agreement (SPA) between the EU and the Russian Federation remains of the utmost importance for the further development and intensification of cooperation between the two partners, |
| --- | --- |

C.

whereas the conclusion of a Strategic Partnership Agreement (SPA) between the EU and the Russian Federation remains of the utmost importance for the further development and intensification of cooperation between the two partners,

| D. | whereas the negotiations on such a new SPA should be started as soon as possible on the basis of the progress already achieved on the road to the establishment of the four common spaces, with a common economic space, a space of freedom, security and justice, a space of external security and a space of research, education and culture; whereas the rapid implementation of these four common spaces should be at the heart of the negotiations on the new SPA, |
| --- | --- |

D.

whereas the negotiations on such a new SPA should be started as soon as possible on the basis of the progress already achieved on the road to the establishment of the four common spaces, with a common economic space, a space of freedom, security and justice, a space of external security and a space of research, education and culture; whereas the rapid implementation of these four common spaces should be at the heart of the negotiations on the new SPA,

| E. | whereas after considerable progress as regards the Russian embargo on imports of meat and other agricultural products from Poland and assurances as regards the closure of the Druzhba pipeline, regarded by Lithuania as a political retaliatory measure, an agreement was eventually reached between the Member States on the finalisation of a new negotiating mandate for a new agreement replacing the present PCA, which expired at the end of last year, |
| --- | --- |

E.

whereas after considerable progress as regards the Russian embargo on imports of meat and other agricultural products from Poland and assurances as regards the closure of the Druzhba pipeline, regarded by Lithuania as a political retaliatory measure, an agreement was eventually reached between the Member States on the finalisation of a new negotiating mandate for a new agreement replacing the present PCA, which expired at the end of last year,

| F. | whereas on 7 May 2008 Dmitry Medvedev was formally sworn in as President of the Russian Federation; whereas the new President appointed as Prime Minister former President Vladimir Putin, who was overwhelmingly confirmed in that post by the Duma, |
| --- | --- |

F.

whereas on 7 May 2008 Dmitry Medvedev was formally sworn in as President of the Russian Federation; whereas the new President appointed as Prime Minister former President Vladimir Putin, who was overwhelmingly confirmed in that post by the Duma,

| G. | whereas the changes in the Russian leadership following last year's Duma elections and the Presidential elections earlier this year may impart new impetus to EU-Russia relations, to improvements in Russia's relations with some of its close neighbours and to the development of democracy and the rule of law in Russia, |
| --- | --- |

G.

whereas the changes in the Russian leadership following last year's Duma elections and the Presidential elections earlier this year may impart new impetus to EU-Russia relations, to improvements in Russia's relations with some of its close neighbours and to the development of democracy and the rule of law in Russia,

| H. | whereas the new Russian President, Dmitry Medvedev, confirmed in his inauguration speech his commitment to the establishment of a mature and effective legal system as an essential condition for economic and social development in Russia as well as for increasing Russia's influence in the international community and for making Russia more open to the world and facilitating dialogue as equals with other peoples; whereas President Medvedev has as a first step decreed the creation of an Anti-Corruption Council, which he himself will chair, |
| --- | --- |

H.

whereas the new Russian President, Dmitry Medvedev, confirmed in his inauguration speech his commitment to the establishment of a mature and effective legal system as an essential condition for economic and social development in Russia as well as for increasing Russia's influence in the international community and for making Russia more open to the world and facilitating dialogue as equals with other peoples; whereas President Medvedev has as a first step decreed the creation of an Anti-Corruption Council, which he himself will chair,

| I. | whereas the accession of the Russian Federation to the World Trade Organization (WTO) would make a substantial contribution to the further improvement of economic relations between Russia and the EU, subject to a binding commitment to full compliance with and implementation of WTO commitments and obligations, |
| --- | --- |

I.

whereas the accession of the Russian Federation to the World Trade Organization (WTO) would make a substantial contribution to the further improvement of economic relations between Russia and the EU, subject to a binding commitment to full compliance with and implementation of WTO commitments and obligations,

| J. | whereas security of energy supply is one of the biggest challenges for Europe and one of the major fields of cooperation with Russia; whereas joint efforts must be made to make full and efficient use of energy transmission systems, both those already existing and those to be further developed; whereas the EU's heavy dependence on fossil fuels undermines the development of a balanced, coherent and value-driven European approach to Russia, |
| --- | --- |

J.

whereas security of energy supply is one of the biggest challenges for Europe and one of the major fields of cooperation with Russia; whereas joint efforts must be made to make full and efficient use of energy transmission systems, both those already existing and those to be further developed; whereas the EU's heavy dependence on fossil fuels undermines the development of a balanced, coherent and value-driven European approach to Russia,

| K. | whereas Russia has recently included some of the EU's largest energy companies in a strategic partnership in several major energy projects or has allowed EU companies to buy certain limited strategic stakes in Russian companies; whereas the upholding of legal certainty and property rights is essential in order to maintain the current level of foreign investment in Russia, |
| --- | --- |

K.

whereas Russia has recently included some of the EU's largest energy companies in a strategic partnership in several major energy projects or has allowed EU companies to buy certain limited strategic stakes in Russian companies; whereas the upholding of legal certainty and property rights is essential in order to maintain the current level of foreign investment in Russia,

| L. | whereas disputes about the conditions of supply and transmission of energy should be resolved in a negotiated, non-discriminatory and transparent way and must never be used as an instrument to bring political pressure to bear on the EU Member States and on the countries in the common neighbourhood, |
| --- | --- |

L.

whereas disputes about the conditions of supply and transmission of energy should be resolved in a negotiated, non-discriminatory and transparent way and must never be used as an instrument to bring political pressure to bear on the EU Member States and on the countries in the common neighbourhood,

| M. | whereas a future agreement between the EU and the Russian Federation should therefore include the principles of the Energy Charter Treaty, |
| --- | --- |

M.

whereas a future agreement between the EU and the Russian Federation should therefore include the principles of the Energy Charter Treaty,

| N. | whereas the EU and the Russian Federation could and should together play an active role in establishing peace and stability on the European continent, in particular in the common neighbourhood, and in other parts of the world, |
| --- | --- |

N.

whereas the EU and the Russian Federation could and should together play an active role in establishing peace and stability on the European continent, in particular in the common neighbourhood, and in other parts of the world,

| O. | whereas the EU and the Russian Federation should in particular work together to definitively resolve the issue of the international status of Kosovo and to achieve a peaceful settlement of the persistently dangerous conflicts in Abkhazia, South Ossetia, Nagorno Karabakh and Transnistria, |
| --- | --- |

O.

whereas the EU and the Russian Federation should in particular work together to definitively resolve the issue of the international status of Kosovo and to achieve a peaceful settlement of the persistently dangerous conflicts in Abkhazia, South Ossetia, Nagorno Karabakh and Transnistria,

| P. | whereas after the decision by the Russian authorities to establish legal links with the breakaway republics of Abkhazia and South Ossetia the situation in those Georgian regions is further deteriorating, calling into question the role of the Russian forces as neutral peace-keepers and undermining the territorial integrity of Georgia, |
| --- | --- |

P.

whereas after the decision by the Russian authorities to establish legal links with the breakaway republics of Abkhazia and South Ossetia the situation in those Georgian regions is further deteriorating, calling into question the role of the Russian forces as neutral peace-keepers and undermining the territorial integrity of Georgia,

| Q. | whereas Russia has suspended its participation in the Treaty on Conventional Forces in Europe (CFE Treaty), stating that it will halt inspections and verifications of its military sites by NATO countries and will no longer limit the number of its conventional weapons, |
| --- | --- |

Q.

whereas Russia has suspended its participation in the Treaty on Conventional Forces in Europe (CFE Treaty), stating that it will halt inspections and verifications of its military sites by NATO countries and will no longer limit the number of its conventional weapons,

| R. | whereas after his meeting with the EU ministerial troika on Tuesday, 29 April 2008 in Luxembourg, the Russian Foreign Minister, Sergei Lavrov, confirmed Russia's participation in the EU military operation in Chad and in Central African Republic (Operation EUFOR Tchad/RCA, launched on 28 January 2008 (3)), |
| --- | --- |

R.

whereas after his meeting with the EU ministerial troika on Tuesday, 29 April 2008 in Luxembourg, the Russian Foreign Minister, Sergei Lavrov, confirmed Russia's participation in the EU military operation in Chad and in Central African Republic (Operation EUFOR Tchad/RCA, launched on 28 January 2008 (3)),

| S. | whereas there remains serious concern about developments in the Russian Federation with regard to respect for, and the protection of, human rights and respect for commonly agreed democratic principles, rules and procedures; whereas the Russian Federation is a full member of the Council of Europe and of the Organization for Security and Cooperation in Europe (OSCE) and has therefore committed itself to the principles of democracy and respect for basic human rights, |
| --- | --- |

S.

whereas there remains serious concern about developments in the Russian Federation with regard to respect for, and the protection of, human rights and respect for commonly agreed democratic principles, rules and procedures; whereas the Russian Federation is a full member of the Council of Europe and of the Organization for Security and Cooperation in Europe (OSCE) and has therefore committed itself to the principles of democracy and respect for basic human rights,

| T. | whereas it is important that the EU speak with one voice, show solidarity and display unity in its relations with the Russian Federation, and base those relations on mutual interests and common values, |
| --- | --- |

T.

whereas it is important that the EU speak with one voice, show solidarity and display unity in its relations with the Russian Federation, and base those relations on mutual interests and common values,

| 1. | Underlines that the forthcoming Summit will be the first EU-Russia Summit attended by Russia's newly elected President Dmitry Medvedev, and expresses its hopes that this meeting will mark an improvement in relations between the EU and Russia; |
| --- | --- |

1.

Underlines that the forthcoming Summit will be the first EU-Russia Summit attended by Russia's newly elected President Dmitry Medvedev, and expresses its hopes that this meeting will mark an improvement in relations between the EU and Russia;

| 2. | Reaffirms its conviction that Russia remains an important partner for the purpose of building strategic cooperation, and that the EU shares with Russia not only economic and trade interests but also the objective of cooperating closely in the international arena as well as in the common neighbourhood; |
| --- | --- |

2.

Reaffirms its conviction that Russia remains an important partner for the purpose of building strategic cooperation, and that the EU shares with Russia not only economic and trade interests but also the objective of cooperating closely in the international arena as well as in the common neighbourhood;

| 3. | Stresses the importance of unity among the EU Member States in their relations with Russia and calls on the Member States to give priority to the long-term benefits of a joint position in negotiations with the Russian Federation over the possible short-term advantages of bilateral deals on single issues; |
| --- | --- |

3.

Stresses the importance of unity among the EU Member States in their relations with Russia and calls on the Member States to give priority to the long-term benefits of a joint position in negotiations with the Russian Federation over the possible short-term advantages of bilateral deals on single issues;

| 4. | Expresses its support for the idea of developing future relations with Russia in a more engaged way, with a continuing focus on areas covered by the four common spaces and on the need for a new PCA, and by focusing on practical cooperation, joint projects and implementation of commitments and agreements made so far; |
| --- | --- |

4.

Expresses its support for the idea of developing future relations with Russia in a more engaged way, with a continuing focus on areas covered by the four common spaces and on the need for a new PCA, and by focusing on practical cooperation, joint projects and implementation of commitments and agreements made so far;

| 5. | Expresses its satisfaction that it has finally been possible to overcome the obstacles to reaching an agreement on the mandate for negotiations with the Russian Federation on a new PCA; |
| --- | --- |

5.

Expresses its satisfaction that it has finally been possible to overcome the obstacles to reaching an agreement on the mandate for negotiations with the Russian Federation on a new PCA;

| 6. | Urges the Council, the Commission and the Member States — together with the Government of the Russian Federation — to use the 21st EU-Russia Summit in Khanty-Mansiysk as a real new starting-point for the further intensification of EU-Russia relations by making a start on the negotiations on a new PCA and by thus creating the basis for further concrete results in the near future; |
| --- | --- |

6.

Urges the Council, the Commission and the Member States — together with the Government of the Russian Federation — to use the 21st EU-Russia Summit in Khanty-Mansiysk as a real new starting-point for the further intensification of EU-Russia relations by making a start on the negotiations on a new PCA and by thus creating the basis for further concrete results in the near future;

| 7. | Welcomes the importance attached to civil rights by Mr Medvedev during his inauguration speech and the reiteration by him in that speech of his public support for championing the rule of law and the importance of human rights; expects that these words will be followed up by deeds and that Russia will undertake the necessary reforms that will pave the way for a fully-fledged democratic system; |
| --- | --- |

7.

Welcomes the importance attached to civil rights by Mr Medvedev during his inauguration speech and the reiteration by him in that speech of his public support for championing the rule of law and the importance of human rights; expects that these words will be followed up by deeds and that Russia will undertake the necessary reforms that will pave the way for a fully-fledged democratic system;

| 8. | Expresses its deep concern at the continuing reports from Russian and international human rights organisations about the use of torture and inhumane and degrading acts in prisons, police stations and secret detention centres in Chechnya; furthermore expresses its deep concern over the increasingly frequent attacks on ethnic, racial and religious minorities in Russia; |
| --- | --- |

8.

Expresses its deep concern at the continuing reports from Russian and international human rights organisations about the use of torture and inhumane and degrading acts in prisons, police stations and secret detention centres in Chechnya; furthermore expresses its deep concern over the increasingly frequent attacks on ethnic, racial and religious minorities in Russia;

| 9. | Reiterates its call for the EU-Russia Human Rights Consultation to be stepped up so as to make it more effective and results-oriented, with the participation of Russian ministries other than the Ministry of Foreign Affairs and with the full involvement of the European Parliament at all levels; takes the view, in this regard, that the briefings organised by the Commission with civil-society actors prior to the official consultation are an important tool that should be duly reinforced and taken into account by the Russian authorities with a view to transforming them into a fully-fledged legal seminar involving academics, representatives of civil society and officials from both sides; |
| --- | --- |

9.

Reiterates its call for the EU-Russia Human Rights Consultation to be stepped up so as to make it more effective and results-oriented, with the participation of Russian ministries other than the Ministry of Foreign Affairs and with the full involvement of the European Parliament at all levels; takes the view, in this regard, that the briefings organised by the Commission with civil-society actors prior to the official consultation are an important tool that should be duly reinforced and taken into account by the Russian authorities with a view to transforming them into a fully-fledged legal seminar involving academics, representatives of civil society and officials from both sides;

| 10. | Stresses that a strong and independent civil society is a fundamental and irreplaceable element of a real and mature democracy; is deeply concerned, in this regard, about the deteriorating situation of human rights defenders and difficulties faced by NGOs active in the promotion of human rights and in environmental protection and ecological issues with regard to their registration and in carrying out their activities; is deeply concerned about the newly amended legislation on extremism, which could have an effect on the free flow of information and could lead the Russian authorities to further restrict the right to free expression of independent journalists and political opponents; |
| --- | --- |

10.

Stresses that a strong and independent civil society is a fundamental and irreplaceable element of a real and mature democracy; is deeply concerned, in this regard, about the deteriorating situation of human rights defenders and difficulties faced by NGOs active in the promotion of human rights and in environmental protection and ecological issues with regard to their registration and in carrying out their activities; is deeply concerned about the newly amended legislation on extremism, which could have an effect on the free flow of information and could lead the Russian authorities to further restrict the right to free expression of independent journalists and political opponents;

| 11. | Calls on the Russian Federation to show its commitment to common values by ratifying Additional Protocol 14 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, thereby allowing important reforms to go ahead at the European Court of Human Rights, which is burdened with a backlog of tens of thousands of cases; calls on the Russian authorities to comply with all the rulings of the European Court of Human Rights; |
| --- | --- |

11.

Calls on the Russian Federation to show its commitment to common values by ratifying Additional Protocol 14 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, thereby allowing important reforms to go ahead at the European Court of Human Rights, which is burdened with a backlog of tens of thousands of cases; calls on the Russian authorities to comply with all the rulings of the European Court of Human Rights;

| 12. | Welcomes the fact that the EU-Russia Summit will take place in the administrative centre of the Khanty-Mansiysk Autonomous District; calls on the Presidency-in-Office to use the opportunity presented by the Summit, followed by the 5th World Congress of Finno-Ugric Peoples, to discuss the difficulties faced by Finno-Ugric minorities in Russia as regards political representation as well as the protection and development of their cultural and linguistic identities; |
| --- | --- |

12.

Welcomes the fact that the EU-Russia Summit will take place in the administrative centre of the Khanty-Mansiysk Autonomous District; calls on the Presidency-in-Office to use the opportunity presented by the Summit, followed by the 5th World Congress of Finno-Ugric Peoples, to discuss the difficulties faced by Finno-Ugric minorities in Russia as regards political representation as well as the protection and development of their cultural and linguistic identities;

| 13. | Reiterates, moreover, the importance of setting up the common economic space (CES) and further developing the objectives agreed upon in the CES Road Map, especially as regards the creation of an open and integrated market between the EU and Russia; |
| --- | --- |

13.

Reiterates, moreover, the importance of setting up the common economic space (CES) and further developing the objectives agreed upon in the CES Road Map, especially as regards the creation of an open and integrated market between the EU and Russia;

| 14. | Welcomes the progress made since the last EU-Russia Summit in Mafra as regards Russia's accession to the WTO, which will create a level playing-field for the business communities on both sides and greatly help Russian efforts to build a modern, diversified, high-technology economy; calls on Russia to take the necessary steps to remove the remaining obstacles to the accession process, especially in the field of export taxes and duties, and to be able to comply in full with and implement WTO membership commitments and obligations, following which the EU should start to discuss the conclusion of a free trade agreement with the Russian Federation; |
| --- | --- |

14.

Welcomes the progress made since the last EU-Russia Summit in Mafra as regards Russia's accession to the WTO, which will create a level playing-field for the business communities on both sides and greatly help Russian efforts to build a modern, diversified, high-technology economy; calls on Russia to take the necessary steps to remove the remaining obstacles to the accession process, especially in the field of export taxes and duties, and to be able to comply in full with and implement WTO membership commitments and obligations, following which the EU should start to discuss the conclusion of a free trade agreement with the Russian Federation;

| 15. | Insists, furthermore, that an agreement be reached soon on the level of duties payable on exports of raw timber from the Russian Federation to the EU; regrets that Russia did not honour its commitment to phase out Siberian overflight payments, and calls on Russia to sign the agreement reached on this issue at the summit in Samara; |
| --- | --- |

15.

Insists, furthermore, that an agreement be reached soon on the level of duties payable on exports of raw timber from the Russian Federation to the EU; regrets that Russia did not honour its commitment to phase out Siberian overflight payments, and calls on Russia to sign the agreement reached on this issue at the summit in Samara;

| 16. | Stresses the importance of improving the climate for European investment in Russia, which can only be achieved by promoting and facilitating non-discriminatory and transparent business conditions, less bureaucracy and two-way investment; is concerned about the lack of predictability in the application of rules by authorities; |
| --- | --- |

16.

Stresses the importance of improving the climate for European investment in Russia, which can only be achieved by promoting and facilitating non-discriminatory and transparent business conditions, less bureaucracy and two-way investment; is concerned about the lack of predictability in the application of rules by authorities;

| 17. | Welcomes the intensified EU-Russia dialogue on energy issues and on environmental protection; underlines the importance of energy imports for European economies, representing as they do a potential opportunity for further trade and economic cooperation between the EU and Russia; stresses that such cooperation should be based on the principles of interdependence and transparency, together with equal access to markets, infrastructure and investment; welcomes Russia's accession to the Kyoto Protocol and stresses the need for full support from Russia for binding post-Kyoto climate change targets; calls on the Council and the Commission to ensure that the principles of the Energy Charter Treaty, the Transit Protocol annexed thereto and the G8 conclusions are included in a new PCA between the EU and Russia, including further cooperation on energy efficiency, carbon emission reductions and renewable energy, and also including the use of bio-energy; points out that these principles should be applied to major energy infrastructure projects; calls for the EU to speak to Russia with one voice on these sensitive energy matters; calls upon the partners in the EU-Russia energy dialogue to examine the possibility of using the euro as a future basis for paying for energy supplies in order to become more independent from third countries’ currencies; |
| --- | --- |

17.

Welcomes the intensified EU-Russia dialogue on energy issues and on environmental protection; underlines the importance of energy imports for European economies, representing as they do a potential opportunity for further trade and economic cooperation between the EU and Russia; stresses that such cooperation should be based on the principles of interdependence and transparency, together with equal access to markets, infrastructure and investment; welcomes Russia's accession to the Kyoto Protocol and stresses the need for full support from Russia for binding post-Kyoto climate change targets; calls on the Council and the Commission to ensure that the principles of the Energy Charter Treaty, the Transit Protocol annexed thereto and the G8 conclusions are included in a new PCA between the EU and Russia, including further cooperation on energy efficiency, carbon emission reductions and renewable energy, and also including the use of bio-energy; points out that these principles should be applied to major energy infrastructure projects; calls for the EU to speak to Russia with one voice on these sensitive energy matters; calls upon the partners in the EU-Russia energy dialogue to examine the possibility of using the euro as a future basis for paying for energy supplies in order to become more independent from third countries’ currencies;

| 18. | Expresses its concerns regarding the security of the nuclear sector in the Russian Federation, its plans to export nuclear technology and material to other countries and the associated nuclear security and proliferation threats that they present; |
| --- | --- |

18.

Expresses its concerns regarding the security of the nuclear sector in the Russian Federation, its plans to export nuclear technology and material to other countries and the associated nuclear security and proliferation threats that they present;

| 19. | Calls on the Russian Federation to support the development of its renewable energy industry in an environmentally friendly and sustainable way; calls on the Russian Federation to guarantee state-of-the-art environmental standards for all the oil and gas projects which are in progress or planned on its territory; |
| --- | --- |

19.

Calls on the Russian Federation to support the development of its renewable energy industry in an environmentally friendly and sustainable way; calls on the Russian Federation to guarantee state-of-the-art environmental standards for all the oil and gas projects which are in progress or planned on its territory;

| 20. | Welcomes the progress which the EU and Russia have made in implementing their common space of freedom, security and justice, which so far has focused primarily on implementation of the visa facilitation and readmission agreements, the latter having proved to be a significant step towards visa-free travel as a long-term prospect; calls for further cooperation on illegal immigration, improved checks on identity documents and better information exchange on terrorism and organised crime; emphasises that the Council and the Commission must ensure that Russia complies with all the conditions set in any negotiated agreement on the elimination of visas between the two sides, so as to prevent any breach of security in Europe; |
| --- | --- |

20.

Welcomes the progress which the EU and Russia have made in implementing their common space of freedom, security and justice, which so far has focused primarily on implementation of the visa facilitation and readmission agreements, the latter having proved to be a significant step towards visa-free travel as a long-term prospect; calls for further cooperation on illegal immigration, improved checks on identity documents and better information exchange on terrorism and organised crime; emphasises that the Council and the Commission must ensure that Russia complies with all the conditions set in any negotiated agreement on the elimination of visas between the two sides, so as to prevent any breach of security in Europe;

| 21. | Points out that Russia, which last year changed its visa rules and ceased issuing one-year multiple-entry business visas that many European workers had previously used, could face an exodus of EU managers and workers unless it changes the new rules and reduces the onerous red tape required to obtain visas and work permits; |
| --- | --- |

21.

Points out that Russia, which last year changed its visa rules and ceased issuing one-year multiple-entry business visas that many European workers had previously used, could face an exodus of EU managers and workers unless it changes the new rules and reduces the onerous red tape required to obtain visas and work permits;

| 22. | Welcomes the stepping-up of EU-Russia cooperation in space within the framework of the Tripartite Space Dialogue set up in March 2006 between the Commission, the European Space Agency and Roscosmos (the Russian Federal Space Agency), encompassing space applications (satellite navigation, earth observation and satellite communications), access to space (launchers and future space transportation systems), space science and space technology development; notes that, within the common economic space, cooperation in space has been identified as a priority sector; |
| --- | --- |

22.

Welcomes the stepping-up of EU-Russia cooperation in space within the framework of the Tripartite Space Dialogue set up in March 2006 between the Commission, the European Space Agency and Roscosmos (the Russian Federal Space Agency), encompassing space applications (satellite navigation, earth observation and satellite communications), access to space (launchers and future space transportation systems), space science and space technology development; notes that, within the common economic space, cooperation in space has been identified as a priority sector;

| 23. | Calls for participation by the Russian Federation in the process of building European research infrastructures supported within the European Community Framework Programmes; considers that such an incentive would permit efficient utilisation and further development of substantial Russian human and financial resources in the area of research, development and innovation, and would thus be beneficial for both Europe and Russia; |
| --- | --- |

23.

Calls for participation by the Russian Federation in the process of building European research infrastructures supported within the European Community Framework Programmes; considers that such an incentive would permit efficient utilisation and further development of substantial Russian human and financial resources in the area of research, development and innovation, and would thus be beneficial for both Europe and Russia;

| 24. | Appeals to the Governments of Russia and the United States to intensify the discussions on defence and security issues directly or indirectly involving the EU Member States; urges the governments of both states fully to involve the EU and its Member States in those discussions and to refrain from any steps or decisions which might be seen as a threat to peace and stability on the European continent; |
| --- | --- |

24.

Appeals to the Governments of Russia and the United States to intensify the discussions on defence and security issues directly or indirectly involving the EU Member States; urges the governments of both states fully to involve the EU and its Member States in those discussions and to refrain from any steps or decisions which might be seen as a threat to peace and stability on the European continent;

| 25. | Calls on the Russian Government — together with the European Union and the other members of the Contact Group for Kosovo — to make a positive contribution to finding a sustainable political solution for the future of Kosovo and to the further enhancement of the stability of the Western Balkans; |
| --- | --- |

25.

Calls on the Russian Government — together with the European Union and the other members of the Contact Group for Kosovo — to make a positive contribution to finding a sustainable political solution for the future of Kosovo and to the further enhancement of the stability of the Western Balkans;

| 26. | Calls on Russia not to oppose the deployment of the EU Rule of Law Mission in Kosovo (EULEX KOSOVO (4)), as well as to fully support the OSCE and confirm its mandate in order to allow for the full implementation of all the guarantees provided for in the Kosovo Constitution and the commitments by the Kosovo authorities as regards the institutional decentralisation and protection of the non-majority communities and of the cultural and architectural heritage; |
| --- | --- |

26.

Calls on Russia not to oppose the deployment of the EU Rule of Law Mission in Kosovo (EULEX KOSOVO (4)), as well as to fully support the OSCE and confirm its mandate in order to allow for the full implementation of all the guarantees provided for in the Kosovo Constitution and the commitments by the Kosovo authorities as regards the institutional decentralisation and protection of the non-majority communities and of the cultural and architectural heritage;

| 27. | Calls on the Council and the Commission to pursue joint initiatives with the Russian Government aimed at strengthening security and stability in the common neighbourhood, in particular by means of enhanced dialogue on the establishment of democracy in Belarus and by joint efforts to finally resolve the conflicts in Abkhazia, South Ossetia, Nagorno Karabakh and Transnistria; |
| --- | --- |

27.

Calls on the Council and the Commission to pursue joint initiatives with the Russian Government aimed at strengthening security and stability in the common neighbourhood, in particular by means of enhanced dialogue on the establishment of democracy in Belarus and by joint efforts to finally resolve the conflicts in Abkhazia, South Ossetia, Nagorno Karabakh and Transnistria;

| 28. | Expresses its serious concern over Russia's decision to establish enhanced links with the Georgian regions of Abkhazia and South Ossetia, and reiterates its full support for the territorial integrity of Georgia; calls on Russia to refrain from any further action which could aggravate the tension and to take measures to improve relations with Georgia; hopes that the recent meeting in St Petersburg between President Medvedev and President Saakashvili will lead to an improvement in Russo-Georgian relations; |
| --- | --- |

28.

Expresses its serious concern over Russia's decision to establish enhanced links with the Georgian regions of Abkhazia and South Ossetia, and reiterates its full support for the territorial integrity of Georgia; calls on Russia to refrain from any further action which could aggravate the tension and to take measures to improve relations with Georgia; hopes that the recent meeting in St Petersburg between President Medvedev and President Saakashvili will lead to an improvement in Russo-Georgian relations;

| 29. | Calls on the Presidency-in-Office to raise during the EU-Russia Summit the issue of the shooting-down of a Georgian drone by a Russian aircraft, as well as the recent substantial increase in the number of Russian troops in Abkhazia, and to offer greater EU involvement in the conflict resolution process; |
| --- | --- |

29.

Calls on the Presidency-in-Office to raise during the EU-Russia Summit the issue of the shooting-down of a Georgian drone by a Russian aircraft, as well as the recent substantial increase in the number of Russian troops in Abkhazia, and to offer greater EU involvement in the conflict resolution process;

| 30. | Calls on the EU and on Russia, as a member of the UN Security Council and the Quartet, to continue their efforts to achieve progress in the Middle East; also stresses the need for further cooperation with Russia to prevent the proliferation of weapons of mass destruction, and calls on both sides to assume their responsibility in particular for the North Korean and Iranian nuclear issues; |
| --- | --- |

30.

Calls on the EU and on Russia, as a member of the UN Security Council and the Quartet, to continue their efforts to achieve progress in the Middle East; also stresses the need for further cooperation with Russia to prevent the proliferation of weapons of mass destruction, and calls on both sides to assume their responsibility in particular for the North Korean and Iranian nuclear issues;

| 31. | Calls on Russia to reconsider its unilateral suspension of compliance with the CFE Treaty and to use negotiations as a means of protecting its legitimate interests and avoiding any erosion of the CFE Treaty; calls on the NATO members to ratify the version of the CFE Treaty as amended in 1999; |
| --- | --- |

31.

Calls on Russia to reconsider its unilateral suspension of compliance with the CFE Treaty and to use negotiations as a means of protecting its legitimate interests and avoiding any erosion of the CFE Treaty; calls on the NATO members to ratify the version of the CFE Treaty as amended in 1999;

| 32. | Welcomes Russia's decision to assist the EU in carrying out its peace-keeping operation in Chad and the Central African Republic, and supports the statement by Russian Foreign Minister Sergei Lavrov and the EU High Representative Javier Solana stipulating that cooperation between Russia and the EU on crisis management would not be limited to Russia's participation in the abovementioned EUFOR Tchad/RCA operation and that both parties are ready to sign a framework agreement on this subject based on ‘equitable partnership and cooperation’; |
| --- | --- |

32.

Welcomes Russia's decision to assist the EU in carrying out its peace-keeping operation in Chad and the Central African Republic, and supports the statement by Russian Foreign Minister Sergei Lavrov and the EU High Representative Javier Solana stipulating that cooperation between Russia and the EU on crisis management would not be limited to Russia's participation in the abovementioned EUFOR Tchad/RCA operation and that both parties are ready to sign a framework agreement on this subject based on ‘equitable partnership and cooperation’;

| 33. | Instructs its President to forward this resolution to the Council, the Commission, the Governments and Parliaments of the Member States and of the Russian Federation, the Council of Europe and the Organization for Security and Cooperation in Europe. |
| --- | --- |

33.

Instructs its President to forward this resolution to the Council, the Commission, the Governments and Parliaments of the Member States and of the Russian Federation, the Council of Europe and the Organization for Security and Cooperation in Europe.

---

(1)  OJ L 327, 28.11.1997, p. 1.

(2)  Texts Adopted, P6_TA(2007)0528.

(3)  Council Joint Action 2007/677/CFSP of 15 October 2007 (OJ L 279, 23.10.2007, p. 21) and Council Decision 2008/101/CFSP of 28 January 2008 (OJ L 34, 8.2.2008, p. 39).

(4)  Council Joint Action 2008/124/CFSP of 4 February 2008 (OJ L 42, 16.2.2008, p. 92).

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| 27.11.2009 | EN | Official Journal of the European Union | CE 286/41 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/41

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Thursday 19 June 2008Future of the sheep/lamb and goat sector in Europe

P6_TA(2008)0310

European Parliament resolution of 19 June 2008 on the future of the sheep/lamb and goat sector in Europe (2007/2192(INI))

2009/C 286 E/10

The European Parliament,

having regard to the study it commissioned on ‘The future of the sheep-meat and goat-meat sectors in Europe’,

having regard to its position of 13 December 2007 on the proposal for a Council regulation amending Regulation (EC) No 21/2004 as regards the date of introduction of electronic identification for ovine and caprine animals (1),

having regard to Rule 45 of its Rules of Procedure,

having regard to the report of the Committee on Agriculture and Rural Development (A6-0196/2008),

| A. | whereas the sheep and goat sectors in the EU are made up of important traditional farming enterprises that support the livelihood of thousands of producers and supply products of exceptional quality with specific characteristics, as well as by-products, thereby serving to underline its socio-economic contribution in rural areas of the EU, |
| --- | --- |

A.

whereas the sheep and goat sectors in the EU are made up of important traditional farming enterprises that support the livelihood of thousands of producers and supply products of exceptional quality with specific characteristics, as well as by-products, thereby serving to underline its socio-economic contribution in rural areas of the EU,

| B. | whereas sheep and goat farming, including the farming of traditional breeds, play a key environmental role that includes the upkeep naturally of less fertile areas and the preservation of landscapes and sensitive ecosystems; whereas natural spaces of the pastureland type have been preserved for centuries thanks to sheep and goat farming; whereas, in addition, the eating patterns concerned, in which grazing plays a major role, help maintain the biodiversity of the flora, protect wild fauna, and clean up the natural spaces by removing dry vegetable material, a key factor for fire prevention in Mediterranean countries, |
| --- | --- |

B.

whereas sheep and goat farming, including the farming of traditional breeds, play a key environmental role that includes the upkeep naturally of less fertile areas and the preservation of landscapes and sensitive ecosystems; whereas natural spaces of the pastureland type have been preserved for centuries thanks to sheep and goat farming; whereas, in addition, the eating patterns concerned, in which grazing plays a major role, help maintain the biodiversity of the flora, protect wild fauna, and clean up the natural spaces by removing dry vegetable material, a key factor for fire prevention in Mediterranean countries,

| C. | whereas the sheep and goat sectors in the EU, which are concentrated in less favoured areas, are witnessing a critical decline in production and an exodus of producers, as well as a total failure to attract young sheep and goat farmers to the sector, |
| --- | --- |

C.

whereas the sheep and goat sectors in the EU, which are concentrated in less favoured areas, are witnessing a critical decline in production and an exodus of producers, as well as a total failure to attract young sheep and goat farmers to the sector,

| D. | whereas the current bluetongue epizootic in Europe is very serious because of its duration and propagation, the spread of different serotypes in areas hitherto free from the disease and the serious social and economic consequences of the restrictions on the movement of animals and on trade, |
| --- | --- |

D.

whereas the current bluetongue epizootic in Europe is very serious because of its duration and propagation, the spread of different serotypes in areas hitherto free from the disease and the serious social and economic consequences of the restrictions on the movement of animals and on trade,

| E. | whereas the sheep and goat sectors in the EU are characterised by low producer incomes, falling domestic production and declining consumption, especially by the younger generations, and are exposed to increasing international competition on the internal market, |
| --- | --- |

E.

whereas the sheep and goat sectors in the EU are characterised by low producer incomes, falling domestic production and declining consumption, especially by the younger generations, and are exposed to increasing international competition on the internal market,

| F. | whereas the rise in the prices of animal feed and production inputs in general constitutes a particular threat to sheep and goat farming, increasing costs and bringing further pressure to bear on a sector which is already at the limit of its competitiveness, |
| --- | --- |

F.

whereas the rise in the prices of animal feed and production inputs in general constitutes a particular threat to sheep and goat farming, increasing costs and bringing further pressure to bear on a sector which is already at the limit of its competitiveness,

| G. | whereas the current economic situation and the expected trends in world demand and the prices of agricultural produce and food make it imperative for the EU to avoid, as far as possible, dependence on imported livestock-farming products and animal feed and to secure a better balance between those products and, in particular, the traditional, protected products of sheep and goat farming, with which the European market was well supplied, |
| --- | --- |

G.

whereas the current economic situation and the expected trends in world demand and the prices of agricultural produce and food make it imperative for the EU to avoid, as far as possible, dependence on imported livestock-farming products and animal feed and to secure a better balance between those products and, in particular, the traditional, protected products of sheep and goat farming, with which the European market was well supplied,

| H. | whereas the scale of sheep and goat production in northern and southern Europe are significantly different, |
| --- | --- |

H.

whereas the scale of sheep and goat production in northern and southern Europe are significantly different,

| I. | whereas sheep farming, which has always been exposed to a number of well-known diseases, is now also being affected by emerging diseases such as bluetongue, |
| --- | --- |

I.

whereas sheep farming, which has always been exposed to a number of well-known diseases, is now also being affected by emerging diseases such as bluetongue,

| J. | whereas EU lamb does not have meaningful access to the Community budget for the promotion of agricultural produce and is in need of a sustained promotional campaign to develop consumer preference, |
| --- | --- |

J.

whereas EU lamb does not have meaningful access to the Community budget for the promotion of agricultural produce and is in need of a sustained promotional campaign to develop consumer preference,

| K. | whereas the upcoming Common Agricultural Policy (CAP) ‘Health Check’ provides the opportunity to address the relevant policy instruments and CAP support for the sheep and goat sectors, |
| --- | --- |

K.

whereas the upcoming Common Agricultural Policy (CAP) ‘Health Check’ provides the opportunity to address the relevant policy instruments and CAP support for the sheep and goat sectors,

| 1. | Acknowledges the urgent need for action to be taken by the Council of Agriculture Ministers and the Commission to ensure a profitable and sustainable future for sheep-meat and goat-meat and sheep and goat milk production in the EU, to encourage the consumption of such products once more, and to retain and attract young sheep and goat farmers to the sector, and advocates the maintenance of these traditional, eco-friendly farming enterprises with their role in supplying the Community market and in providing a Community supply base of EU sheep and goat farming products; |
| --- | --- |

1.

Acknowledges the urgent need for action to be taken by the Council of Agriculture Ministers and the Commission to ensure a profitable and sustainable future for sheep-meat and goat-meat and sheep and goat milk production in the EU, to encourage the consumption of such products once more, and to retain and attract young sheep and goat farmers to the sector, and advocates the maintenance of these traditional, eco-friendly farming enterprises with their role in supplying the Community market and in providing a Community supply base of EU sheep and goat farming products;

| 2. | Notes the Commission's intention to review policy instruments since it has been demonstrated that there has been a negative impact; welcomes the further reference to this specific issue in the context of the recently published European Commission communication — Preparing for the ‘Health Check’ of the CAP reform (COM(2007)0722); |
| --- | --- |

2.

Notes the Commission's intention to review policy instruments since it has been demonstrated that there has been a negative impact; welcomes the further reference to this specific issue in the context of the recently published European Commission communication — Preparing for the ‘Health Check’ of the CAP reform (COM(2007)0722);

| 3. | Calls on the Council of Agriculture Ministers and the Commission to direct additional financial support as a matter of urgency to EU sheep and goat meat and milk producers in order to develop a vibrant, self-sufficient, market-led and consumer-orientated sheep and goat sector in the EU; calls on the Council of Agriculture Ministers and the Commission to examine the future of these sectors as part of the CAP ‘Health Check’ through the implementation of a variety of measures, giving each Member State the flexibility of choosing from the following possible options, while not overlooking the need to avoid distortion of competition on the internal market:






  — | introduction of a new Environmental Sheep Maintenance Scheme per ewe to be either a) financed directly by EU funding or b) co-financed by EU and National Governments to arrest the decline in production, linked to the positive environmental attributes associated with the maintenance of sheep production as well as achieving improvements in technical and quality areas of production, |
| --- | --- | --- |

3.

Calls on the Council of Agriculture Ministers and the Commission to direct additional financial support as a matter of urgency to EU sheep and goat meat and milk producers in order to develop a vibrant, self-sufficient, market-led and consumer-orientated sheep and goat sector in the EU; calls on the Council of Agriculture Ministers and the Commission to examine the future of these sectors as part of the CAP ‘Health Check’ through the implementation of a variety of measures, giving each Member State the flexibility of choosing from the following possible options, while not overlooking the need to avoid distortion of competition on the internal market:

—

introduction of a new Environmental Sheep Maintenance Scheme per ewe to be either a) financed directly by EU funding or b) co-financed by EU and National Governments to arrest the decline in production, linked to the positive environmental attributes associated with the maintenance of sheep production as well as achieving improvements in technical and quality areas of production,

| — | analysis of the availability and utilisation of unused funds under Pillar 1 and Pillar 2 of the Common Agricultural Policy, with a view to redirecting that support to the sheep and goat sectors, |
| --- | --- |

—

analysis of the availability and utilisation of unused funds under Pillar 1 and Pillar 2 of the Common Agricultural Policy, with a view to redirecting that support to the sheep and goat sectors,

| — | amendment of Article 69 of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (2) in the framework of the CAP ‘Health Check’ so the Member States can allocate up to 12 % of their national payments to measures to support sectors in difficulty and to maintain agriculture in less favoured areas, |
| --- | --- |

—

amendment of Article 69 of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (2) in the framework of the CAP ‘Health Check’ so the Member States can allocate up to 12 % of their national payments to measures to support sectors in difficulty and to maintain agriculture in less favoured areas,

| — | inclusion of measures in support of sheep and goat producers among the new challenges arising from the CAP ‘Health Check’ under the second pillar, with the possibility of using modulation support funds; |
| --- | --- |

—

inclusion of measures in support of sheep and goat producers among the new challenges arising from the CAP ‘Health Check’ under the second pillar, with the possibility of using modulation support funds;

| 4. | Calls on the Commission to introduce an additional payment for farmers in mountain regions and other areas facing particular difficulties who are engaged in farming with rare traditional and regional breeds of sheep and goat in order to maintain biodiversity in agriculture and to preserve sheep in sensitive areas; |
| --- | --- |

4.

Calls on the Commission to introduce an additional payment for farmers in mountain regions and other areas facing particular difficulties who are engaged in farming with rare traditional and regional breeds of sheep and goat in order to maintain biodiversity in agriculture and to preserve sheep in sensitive areas;

| 5. | Calls on the Commission, as part of the simplification process in the review of the CAP ‘Health Check’, to allow 14 days’ notice to livestock farmers for on-farm cross-compliance inspections; |
| --- | --- |

5.

Calls on the Commission, as part of the simplification process in the review of the CAP ‘Health Check’, to allow 14 days’ notice to livestock farmers for on-farm cross-compliance inspections;

| 6. | Notes that the return to the producer for sheep-meat products as a percentage of the retail price is insufficient and draws attention to its declaration on investigating and remedying abuse of power by large supermarkets operating in the European Union (3); welcomes the fact that the Commission has established a High Level Group on the Competitiveness of the Agro-Food Industry which will examine the situation regarding market power in distribution, and counts on representatives from Parliament being fully involved in its work; |
| --- | --- |

6.

Notes that the return to the producer for sheep-meat products as a percentage of the retail price is insufficient and draws attention to its declaration on investigating and remedying abuse of power by large supermarkets operating in the European Union (3); welcomes the fact that the Commission has established a High Level Group on the Competitiveness of the Agro-Food Industry which will examine the situation regarding market power in distribution, and counts on representatives from Parliament being fully involved in its work;

| 7. | Calls on the Commission to investigate the sheep-meat and goat-meat supply chain to ensure that farmers receive a fair return from the marketplace; |
| --- | --- |

7.

Calls on the Commission to investigate the sheep-meat and goat-meat supply chain to ensure that farmers receive a fair return from the marketplace;

| 8. | Calls on the Commission to foster a climate of direct sales by producers and producer organisations in order to limit artificial increases in price; |
| --- | --- |

8.

Calls on the Commission to foster a climate of direct sales by producers and producer organisations in order to limit artificial increases in price;

| 9. | Notes that sheep and goat milk production should be encouraged on the same footing as sheep and goat meat production, particularly in order to guarantee the survival of the whole milk-processing and cheese-production chains where the typical character and quality of their products are widely recognised; |
| --- | --- |

9.

Notes that sheep and goat milk production should be encouraged on the same footing as sheep and goat meat production, particularly in order to guarantee the survival of the whole milk-processing and cheese-production chains where the typical character and quality of their products are widely recognised;

| 10. | Calls on the Council of Agriculture Ministers and the Commission to consider the possibility of introducing Community financing for the application throughout the European Union of the system — intended for 31 December 2009 — of electronic identification for sheep, because, even if this system will improve traceability, flock management and measures against fraud, it will create new administrative burdens and high costs for this sector, which is in crisis; |
| --- | --- |

10.

Calls on the Council of Agriculture Ministers and the Commission to consider the possibility of introducing Community financing for the application throughout the European Union of the system — intended for 31 December 2009 — of electronic identification for sheep, because, even if this system will improve traceability, flock management and measures against fraud, it will create new administrative burdens and high costs for this sector, which is in crisis;

| 11. | Calls on the Commission to improve its ability to respond to outbreaks of animal diseases as serious as the current outbreak of bluetongue by means of a new EU animal health strategy, research funding, compensation for losses, advances on payments, etc.; |
| --- | --- |

11.

Calls on the Commission to improve its ability to respond to outbreaks of animal diseases as serious as the current outbreak of bluetongue by means of a new EU animal health strategy, research funding, compensation for losses, advances on payments, etc.;

| 12. | Calls on the EU negotiating team at the World Trade Organization talks to reduce the scale of the proposed tariff cuts on sheep-meat and to ensure that the option of sensitive product status for sheep-meat products is available to the EU; |
| --- | --- |

12.

Calls on the EU negotiating team at the World Trade Organization talks to reduce the scale of the proposed tariff cuts on sheep-meat and to ensure that the option of sensitive product status for sheep-meat products is available to the EU;

| 13. | Calls on the Commission to reassess existing import quota management regimes to ensure that EU-produced lamb is not exposed to unfair competition; |
| --- | --- |

13.

Calls on the Commission to reassess existing import quota management regimes to ensure that EU-produced lamb is not exposed to unfair competition;

| 14. | Calls on the Commission to introduce a mandatory EU labelling regulation system for sheep-meat products, which would have an EU-wide logo, to allow consumers to distinguish between EU products and those from third countries, which would be underwritten by a number of criteria including a farm assurance scheme and a country of origin indication, to ensure that consumers are fully aware as to the place of origin of the product; considers that the system must be designed in such a way as to avoid undermining existing promotional labelling schemes at Member State and regional level; |
| --- | --- |

14.

Calls on the Commission to introduce a mandatory EU labelling regulation system for sheep-meat products, which would have an EU-wide logo, to allow consumers to distinguish between EU products and those from third countries, which would be underwritten by a number of criteria including a farm assurance scheme and a country of origin indication, to ensure that consumers are fully aware as to the place of origin of the product; considers that the system must be designed in such a way as to avoid undermining existing promotional labelling schemes at Member State and regional level;

| 15. | Underlines that the most effective and sustainable means of helping the sector lie in developing the market, communicating with consumers, highlighting the nutritional and health benefits of the products concerned and boosting consumption; |
| --- | --- |

15.

Underlines that the most effective and sustainable means of helping the sector lie in developing the market, communicating with consumers, highlighting the nutritional and health benefits of the products concerned and boosting consumption;

| 16. | Calls on the Commission to increase the current annual EU Food Promotion Budget, which is valued at EUR 45 million for 2008, to ring-fence funding for EU sheep-meat and to change, simplify and streamline the practical rules governing the operation of the budget so that lamb products can be given meaningful access to the budget; |
| --- | --- |

16.

Calls on the Commission to increase the current annual EU Food Promotion Budget, which is valued at EUR 45 million for 2008, to ring-fence funding for EU sheep-meat and to change, simplify and streamline the practical rules governing the operation of the budget so that lamb products can be given meaningful access to the budget;

| 17. | Calls on the Commission and Member States to give a higher profile to the essential role played by sheep farming in terms of contributing to the economy and the sustainability of areas that face the most difficulties and in terms of managing the countryside and, as a priority, to make it easier for young farmers to start up in that sector; |
| --- | --- |

17.

Calls on the Commission and Member States to give a higher profile to the essential role played by sheep farming in terms of contributing to the economy and the sustainability of areas that face the most difficulties and in terms of managing the countryside and, as a priority, to make it easier for young farmers to start up in that sector;

| 18. | Calls on the Commission to coordinate promotional campaigns for PGI (Protected Geographical Indication) and PDO (Protected Designation of Origin) sheep-meat and goat-meat products, and to target the Member States concerned in order to maximise consumption; |
| --- | --- |

18.

Calls on the Commission to coordinate promotional campaigns for PGI (Protected Geographical Indication) and PDO (Protected Designation of Origin) sheep-meat and goat-meat products, and to target the Member States concerned in order to maximise consumption;

| 19. | Calls on the Commission to undertake, in general terms and at EU level, a communication campaign targeted at consumers as a whole and backed up by innovative actions (from making different consumer preparations available at the various sales outlets to campaigns spearheaded by celebrated European chefs), stressing the quality of the product and disseminating awareness of its culinary potential; |
| --- | --- |

19.

Calls on the Commission to undertake, in general terms and at EU level, a communication campaign targeted at consumers as a whole and backed up by innovative actions (from making different consumer preparations available at the various sales outlets to campaigns spearheaded by celebrated European chefs), stressing the quality of the product and disseminating awareness of its culinary potential;

| 20. | Calls on the Commission and Member States to initiate programmes to encourage producers to set up producer and marketing groups, engage in direct marketing and to produce and label special qualities of sheep-meat and goat-meat products and ewe-milk and goat-milk products (for example organic products or regional specialities); |
| --- | --- |

20.

Calls on the Commission and Member States to initiate programmes to encourage producers to set up producer and marketing groups, engage in direct marketing and to produce and label special qualities of sheep-meat and goat-meat products and ewe-milk and goat-milk products (for example organic products or regional specialities);

| 21. | Calls on the Commission to provide assistance in opening export markets for EU sheep-meat and offal in countries where unnecessary restrictions currently apply; |
| --- | --- |

21.

Calls on the Commission to provide assistance in opening export markets for EU sheep-meat and offal in countries where unnecessary restrictions currently apply;

| 22. | Calls on the Commission to include the sheep and goat sector in the ‘second programme of Community action in the field of health (2008-13)’ (4) in order to promote the health and protein benefits of sheep-meat and goat-meat to consumers, particularly to young people, who only consume small amounts of sheep and goat products, and to conduct an active information campaign in the Member States on sheep-meat and goat-meat and products derived therefrom; |
| --- | --- |

22.

Calls on the Commission to include the sheep and goat sector in the ‘second programme of Community action in the field of health (2008-13)’ (4) in order to promote the health and protein benefits of sheep-meat and goat-meat to consumers, particularly to young people, who only consume small amounts of sheep and goat products, and to conduct an active information campaign in the Member States on sheep-meat and goat-meat and products derived therefrom;

| 23. | Calls on the Commission to support research and development in the ‘small ruminant’ industry, concentrating on both technical innovation for farms and product innovation with regard to lamb, cheese and by-products such as wool and pelts, known as the ‘fifth quarter’, where the financial return is almost negligible at present; |
| --- | --- |

23.

Calls on the Commission to support research and development in the ‘small ruminant’ industry, concentrating on both technical innovation for farms and product innovation with regard to lamb, cheese and by-products such as wool and pelts, known as the ‘fifth quarter’, where the financial return is almost negligible at present;

| 24. | Warns that the occupations of sheep farmer, shepherd, milker and shearer may disappear, and calls on the Commission to include in the strategy for the sector measures relating to communication with the public and exchanges of instructors between teaching centres, as well as mobility programmes between Member States for agricultural instructors and students; |
| --- | --- |

24.

Warns that the occupations of sheep farmer, shepherd, milker and shearer may disappear, and calls on the Commission to include in the strategy for the sector measures relating to communication with the public and exchanges of instructors between teaching centres, as well as mobility programmes between Member States for agricultural instructors and students;

| 25. | Stresses the need to improve the availability of medicinal and veterinary products for the sheep and goat sectors at a EU level through support for pharmaceutical research and the simplification of marketing authorisations; |
| --- | --- |

25.

Stresses the need to improve the availability of medicinal and veterinary products for the sheep and goat sectors at a EU level through support for pharmaceutical research and the simplification of marketing authorisations;

| 26. | Calls on the Commission, bearing in mind, inter alia, bluetongue, to accelerate the pace of research into causes and methods of control when an outbreak of an animal disease occurs, formulate an efficient control strategy, coordinate the measures taken by Member States, promote the development of vaccines, develop an efficient vaccination strategy and provide financial support for the vaccination of livestock; calls for measures taken which are required by law in order to keep an animal disease under control, but which over time have proven to be inefficient, to be deleted from the catalogue of measures as quickly as possible; |
| --- | --- |

26.

Calls on the Commission, bearing in mind, inter alia, bluetongue, to accelerate the pace of research into causes and methods of control when an outbreak of an animal disease occurs, formulate an efficient control strategy, coordinate the measures taken by Member States, promote the development of vaccines, develop an efficient vaccination strategy and provide financial support for the vaccination of livestock; calls for measures taken which are required by law in order to keep an animal disease under control, but which over time have proven to be inefficient, to be deleted from the catalogue of measures as quickly as possible;

| 27. | Calls on the Commission to bring forward proposals on pricex transparency in the sector in order to provide information to consumers and producers on product prices; |
| --- | --- |

27.

Calls on the Commission to bring forward proposals on pricex transparency in the sector in order to provide information to consumers and producers on product prices;

| 28. | Calls on the Presidency of the Council and the Commission to monitor closely the sheep and goat sectors in the EU and to ensure regular reporting to Parliament on the policy changes that are enacted; |
| --- | --- |

28.

Calls on the Presidency of the Council and the Commission to monitor closely the sheep and goat sectors in the EU and to ensure regular reporting to Parliament on the policy changes that are enacted;

| 29. | Instructs its President to forward this resolution to the Council and Commission and to the governments and parliaments of the Member States. |
| --- | --- |

29.

Instructs its President to forward this resolution to the Council and Commission and to the governments and parliaments of the Member States.

---

(1)  Texts Adopted P6_TA(2007)0619.

(2)  OJ L 270 of 21.10.2003, p. 1. Regulation as last amended by Regulation (EC) No. 470/2008 (OJ L 140, 30.5.2008, p. 1).

(3)  Texts Adopted of 19.2.2008, P6_TA(2008)0054.

(4)  Decision No 1350/2007/EC of the European Parliament and of the Council of 23 October 2007 establishing a second programme of Community action in the field of health (2008-13) (OJ L 301, 20.11.2007, p. 3).

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/45 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/45

---

Thursday 19 June 2008Towards Europe-wide Safer, Cleaner and Efficient Mobility: The First Intelligent Car Report

P6_TA(2008)0311

European Parliament resolution of 19 June 2008 on the Communication from the Commission tothe European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Towards Europe-wide Safer, Cleaner and Efficient Mobility: The First Intelligent Car Report (2007/2259(INI))

2009/C 286 E/11

The European Parliament,

having regard to the Communication from the Commission on the Intelligent Car Initiative — ‘Raising Awareness of ICT for Smarter, Safer and Cleaner Vehicles’ (COM(2006)0059) (‘Intelligent Car Initiative’),

having regard to the Communication from the Commission entitled ‘Bringing eCall back on track — Action Plan (3rd eSafety Communication)’ (COM(2006)0723),

having regard to the Communication from the Commission to the European Council and the European Parliament entitled ‘An energy policy for Europe’ (COM(2007)0001),

having regard to the Communication from the Commission entitled ‘i2010 — Annual Information Society Report 2007’ (COM(2007)0146),

having regard to the Communication from the Commission entitled ‘Towards Europe-wide Safer, Cleaner and Efficient Mobility: The First Intelligent Car Report’ (COM(2007)0541),

having regard to the Commission recommendation 2007/78/EC of 22 December 2006 on safe and efficient in-vehicle information and communication systems: update of the European Statement of Principles on human machine interface (1),

having regard to its resolution of 12 February 2003 on the Commission White Paper ‘European transport policy for 2010: time to decide’ (2),

having regard to its resolution of 27 April 2006 on Road safety: bringing eCall to citizens (3),

having regard to its resolution of 18 January 2007 on European Road Safety Action Programme — Mid-term review (4),

having regard to its resolution of 12 July 2007 on keeping Europe moving — sustainable mobility for our continent (5),

having regard to its resolution of 24 October 2007 on the Community Strategy to reduce CO2 emissions from passenger cars and light-commercial vehicles (6),

having regard its resolution of 15 January 2008 on CARS 21: A Competitive Automotive Regulatory Framework (7),

having regard to Rule 45 of its Rules of Procedure,

having regard to the report of the Committee on Transport and Tourism (A6-0169/2008),

| A. | whereas the environmental costs of transport have been estimated at 1,1 % of Europe's GDP, |
| --- | --- |

A.

whereas the environmental costs of transport have been estimated at 1,1 % of Europe's GDP,

| B. | whereas transport is responsible for 30 % of total energy consumption in the EU and road transport accounts for 60 % of this figure, |
| --- | --- |

B.

whereas transport is responsible for 30 % of total energy consumption in the EU and road transport accounts for 60 % of this figure,

| C. | whereas car usage currently accounts for approximately 12 % of overall EU emissions of CO2, |
| --- | --- |

C.

whereas car usage currently accounts for approximately 12 % of overall EU emissions of CO2,

| D. | whereas the European Council of 8-9 March 2007 set a firm target of a 20 % reduction in the EU's greenhouse gas emissions by 2020, |
| --- | --- |

D.

whereas the European Council of 8-9 March 2007 set a firm target of a 20 % reduction in the EU's greenhouse gas emissions by 2020,

| E. | whereas the Commission's objective is to reach average CO2 emissions of 120 g/km for new passenger cars and light-duty vehicles by 2012, |
| --- | --- |

E.

whereas the Commission's objective is to reach average CO2 emissions of 120 g/km for new passenger cars and light-duty vehicles by 2012,

| F. | whereas the EU has not yet met the abovementioned White Paper on European Transport Policy's goal of reducing European road accident fatalities by 50 % by 2010 in comparison to the 2001 level, |
| --- | --- |

F.

whereas the EU has not yet met the abovementioned White Paper on European Transport Policy's goal of reducing European road accident fatalities by 50 % by 2010 in comparison to the 2001 level,

| G. | whereas the Commission has estimated that eCall, the EU-wide in-vehicle emergency call system, could save up to 2 500 lives every year in the European Union if fully deployed, |
| --- | --- |

G.

whereas the Commission has estimated that eCall, the EU-wide in-vehicle emergency call system, could save up to 2 500 lives every year in the European Union if fully deployed,

| H. | whereas research by the University of Cologne has indicated that 4 000 lives could be saved and 100 000 injuries avoided on Europe's roads each year if all cars had electronic stability control, |
| --- | --- |

H.

whereas research by the University of Cologne has indicated that 4 000 lives could be saved and 100 000 injuries avoided on Europe's roads each year if all cars had electronic stability control,

| I. | whereas the market for portable navigation devices grew from 3,8 million devices sold in 2005 to over 9 million in 2006, |
| --- | --- |

I.

whereas the market for portable navigation devices grew from 3,8 million devices sold in 2005 to over 9 million in 2006,

| J. | whereas technological safety systems often promote a greater sense of safety and may thus result in drivers driving in a less responsible fashion; it is therefore necessary to stress the primary importance of also properly educating drivers and promoting more intelligent driving, |
| --- | --- |

J.

whereas technological safety systems often promote a greater sense of safety and may thus result in drivers driving in a less responsible fashion; it is therefore necessary to stress the primary importance of also properly educating drivers and promoting more intelligent driving,

| 1. | Welcomes the Intelligent Car Initiative and the progress achieved in its three pillars: coordination of relevant stakeholders, research and technological development, and awareness raising; |
| --- | --- |

1.

Welcomes the Intelligent Car Initiative and the progress achieved in its three pillars: coordination of relevant stakeholders, research and technological development, and awareness raising;

| 2. | Believes that intelligent vehicle systems can help to reduce congestion, pollution and the number and seriousness of road accidents, but that their market penetration rate is still too low; |
| --- | --- |

2.

Believes that intelligent vehicle systems can help to reduce congestion, pollution and the number and seriousness of road accidents, but that their market penetration rate is still too low;

| 3. | Believes that Member States should promote and get involved more actively in eSafety initiatives through Joint Technology Initiatives and that other incentives for private investments in the field of research and development should be envisaged; |
| --- | --- |

3.

Believes that Member States should promote and get involved more actively in eSafety initiatives through Joint Technology Initiatives and that other incentives for private investments in the field of research and development should be envisaged;

| 4. | Is encouraged by the fact that 13 Member States and 3 non-EU countries have thus far signed the eCall Memorandum of Understanding, and reaffirms its support for this measure; |
| --- | --- |

4.

Is encouraged by the fact that 13 Member States and 3 non-EU countries have thus far signed the eCall Memorandum of Understanding, and reaffirms its support for this measure;

| 5. | Calls on the Member States to urge institutions working in the area of road safety to provide accident simulation training, since the number of road accident fatalities can be reduced above all by actively employing accident prevention techniques and the administration of first aid; believes that training bodies should teach correct responses to emergency situations; |
| --- | --- |

5.

Calls on the Member States to urge institutions working in the area of road safety to provide accident simulation training, since the number of road accident fatalities can be reduced above all by actively employing accident prevention techniques and the administration of first aid; believes that training bodies should teach correct responses to emergency situations;

| 6. | Urges the remaining Member States to sign the memorandum as soon as possible, preferably before the middle of 2008, in order to encourage the rapid introduction of this potentially life-saving feature and stresses the need for the Commission to further develop the regulatory framework for the full harmonisation of the standard emergency call (112) as well as for the eCall (E112) EU-wide; |
| --- | --- |

6.

Urges the remaining Member States to sign the memorandum as soon as possible, preferably before the middle of 2008, in order to encourage the rapid introduction of this potentially life-saving feature and stresses the need for the Commission to further develop the regulatory framework for the full harmonisation of the standard emergency call (112) as well as for the eCall (E112) EU-wide;

| 7. | Asks the Commission to assess the validity of the transmission methods already used by carmakers for this feature; |
| --- | --- |

7.

Asks the Commission to assess the validity of the transmission methods already used by carmakers for this feature;

| 8. | Reaffirms its support for the Galileo programme and its many potential features which could ensure greater reliability of information related to these initiatives; |
| --- | --- |

8.

Reaffirms its support for the Galileo programme and its many potential features which could ensure greater reliability of information related to these initiatives;

| 9. | Recalls that the Commission's stated aim is to achieve a 100 % take-up of electronic stability control for all new vehicles from 2012 onwards; |
| --- | --- |

9.

Recalls that the Commission's stated aim is to achieve a 100 % take-up of electronic stability control for all new vehicles from 2012 onwards;

| 10. | Recalls that there is potential for reducing CO2 emissions through simple measures that have been known about for a long time, such as reduced-weight seats or tyres, engine heat accumulators or brake energy regeneration, but that many vehicles do not incorporate these features; therefore calls on the Member States and the Commission to insist on incorporation of these technically simpler measures in every car; |
| --- | --- |

10.

Recalls that there is potential for reducing CO2 emissions through simple measures that have been known about for a long time, such as reduced-weight seats or tyres, engine heat accumulators or brake energy regeneration, but that many vehicles do not incorporate these features; therefore calls on the Member States and the Commission to insist on incorporation of these technically simpler measures in every car;

| 11. | Calls on the Commission and the Member States to assess the importance of developing new systems for accident avoidance, including new materials and automatic interconnections through active sensors, vehicle to vehicle as well as vehicle to road; |
| --- | --- |

11.

Calls on the Commission and the Member States to assess the importance of developing new systems for accident avoidance, including new materials and automatic interconnections through active sensors, vehicle to vehicle as well as vehicle to road;

| 12. | Stresses the importance of the timely and widespread market implementation of intelligent vehicle systems, given that such systems stand out, inter alia, thanks to their ability to interact with intelligent infrastructures; recalls that electronic systems require regular technical maintenance; |
| --- | --- |

12.

Stresses the importance of the timely and widespread market implementation of intelligent vehicle systems, given that such systems stand out, inter alia, thanks to their ability to interact with intelligent infrastructures; recalls that electronic systems require regular technical maintenance;

| 13. | Therefore calls on Member States and the Commission to develop guidelines in order to encourage Member States to introduce incentives for both ecological and vehicle safety features; |
| --- | --- |

13.

Therefore calls on Member States and the Commission to develop guidelines in order to encourage Member States to introduce incentives for both ecological and vehicle safety features;

| 14. | Urges stakeholders to take appropriate measures which ensure the affordability of these new features, thus increasing consumer demand; |
| --- | --- |

14.

Urges stakeholders to take appropriate measures which ensure the affordability of these new features, thus increasing consumer demand;

| 15. | Calls, therefore, on the Member States and the Commission to continue their efforts to devise tax incentives for the purchase of vehicles which are environmentally adapted and are equipped with intelligent safety devices, in parallel to the existing incentives for purchasing less polluting cars; |
| --- | --- |

15.

Calls, therefore, on the Member States and the Commission to continue their efforts to devise tax incentives for the purchase of vehicles which are environmentally adapted and are equipped with intelligent safety devices, in parallel to the existing incentives for purchasing less polluting cars;

| 16. | Calls on Member States, the Commission and the car industry to provide brief, clear and comprehensible information as part of awareness-raising campaigns in order to reach the largest audience possible, including car dealerships and driving schools, and inform them about intelligent vehicle systems; |
| --- | --- |

16.

Calls on Member States, the Commission and the car industry to provide brief, clear and comprehensible information as part of awareness-raising campaigns in order to reach the largest audience possible, including car dealerships and driving schools, and inform them about intelligent vehicle systems;

| 17. | Calls for the incentives introduced to be combined with prevention and road safety training measures for drivers; |
| --- | --- |

17.

Calls for the incentives introduced to be combined with prevention and road safety training measures for drivers;

| 18. | Believes that road safety will benefit from better interaction between intelligent on-board apparatuses and communicators with devices integrated within the infrastructure; |
| --- | --- |

18.

Believes that road safety will benefit from better interaction between intelligent on-board apparatuses and communicators with devices integrated within the infrastructure;

| 19. | Suggests that the Commission pay special attention to Member States where the availability of intelligent systems is still very low; |
| --- | --- |

19.

Suggests that the Commission pay special attention to Member States where the availability of intelligent systems is still very low;

| 20. | Is aware of the fact that the introduction of new technologies should be done progressively; |
| --- | --- |

20.

Is aware of the fact that the introduction of new technologies should be done progressively;

| 21. | Underlines the fact that the Intelligent Car Initiative cannot be fully accomplished if separated from ‘Smart roads’ initiatives; |
| --- | --- |

21.

Underlines the fact that the Intelligent Car Initiative cannot be fully accomplished if separated from ‘Smart roads’ initiatives;

| 22. | Therefore welcomes the commitment by the Commission to launch, from 2008 onwards, a programme to prepare transport infrastructure for the integration of cooperative systems, as well as the Commission's cooperation with the Radio Spectrum Committee in allocating and harmonising the Intelligent Transport Systems spectrum for cooperative systems; |
| --- | --- |

22.

Therefore welcomes the commitment by the Commission to launch, from 2008 onwards, a programme to prepare transport infrastructure for the integration of cooperative systems, as well as the Commission's cooperation with the Radio Spectrum Committee in allocating and harmonising the Intelligent Transport Systems spectrum for cooperative systems;

| 23. | Stresses the need for coherent inter-sectoral strategies at EU level as well as the need to enhance policy frameworks for the automotive industry, the telecommunications sector, the emergency services, public safety and security, public works and infrastructure, research institutes and universities, which could provide incentives for developing further preventive safety applications and technologies; |
| --- | --- |

23.

Stresses the need for coherent inter-sectoral strategies at EU level as well as the need to enhance policy frameworks for the automotive industry, the telecommunications sector, the emergency services, public safety and security, public works and infrastructure, research institutes and universities, which could provide incentives for developing further preventive safety applications and technologies;

| 24. | Urges stakeholders to create an appropriate ‘intelligent environment’ on roads and within infrastructure so that new intelligent features can work properly and can be fully exploited, including better road capacity management and intelligent road monitoring systems (real-time monitoring); |
| --- | --- |

24.

Urges stakeholders to create an appropriate ‘intelligent environment’ on roads and within infrastructure so that new intelligent features can work properly and can be fully exploited, including better road capacity management and intelligent road monitoring systems (real-time monitoring);

| 25. | Urges the car industry to take into account fresh car safety features when designing new vehicles and to provide for devices to measure and display energy consumption and environmental data such as real CO2 and particulate emissions; |
| --- | --- |

25.

Urges the car industry to take into account fresh car safety features when designing new vehicles and to provide for devices to measure and display energy consumption and environmental data such as real CO2 and particulate emissions;

| 26. | Recalls that information and communication technology (ICT) based systems can contribute to reducing pollutant emissions through more efficient traffic management, reduced fuel consumption and by facilitating eco-driving; |
| --- | --- |

26.

Recalls that information and communication technology (ICT) based systems can contribute to reducing pollutant emissions through more efficient traffic management, reduced fuel consumption and by facilitating eco-driving;

| 27. | Invites the Commission to develop methodology for measuring the impact of ICTs on CO2 emissions or to coordinate and disseminate existing findings; |
| --- | --- |

27.

Invites the Commission to develop methodology for measuring the impact of ICTs on CO2 emissions or to coordinate and disseminate existing findings;

| 28. | Notes that the use and availability of portable or nomadic ICT-based device systems has increased and that the market for said devices continues to grow steadily; |
| --- | --- |

28.

Notes that the use and availability of portable or nomadic ICT-based device systems has increased and that the market for said devices continues to grow steadily;

| 29. | Calls on stakeholders to work on measures to ensure the safe use and fixing of such devices, and to facilitate human-machine interaction; |
| --- | --- |

29.

Calls on stakeholders to work on measures to ensure the safe use and fixing of such devices, and to facilitate human-machine interaction;

| 30. | Recalls that data privacy should be properly addressed and looks forward to the publication of the eSafety Forum's forthcoming data privacy code of practice; |
| --- | --- |

30.

Recalls that data privacy should be properly addressed and looks forward to the publication of the eSafety Forum's forthcoming data privacy code of practice;

| 31. | Stresses the need for a definition by the European Telecommunications Standardisation Institute of an open standard for introducing eCall services at European level; |
| --- | --- |

31.

Stresses the need for a definition by the European Telecommunications Standardisation Institute of an open standard for introducing eCall services at European level;

| 32. | Welcomes the negotiations on the voluntary agreement on the inclusion of eCall as a standard option in all new vehicles from 2010 onwards; |
| --- | --- |

32.

Welcomes the negotiations on the voluntary agreement on the inclusion of eCall as a standard option in all new vehicles from 2010 onwards;

| 33. | Welcomes the negotiations on an international agreement for a global technical regulation which would include the technical specifications for the electronic stability control system, and calls on the Commission to draw up a report on the state of those negotiations and the measures agreed on the matter; |
| --- | --- |

33.

Welcomes the negotiations on an international agreement for a global technical regulation which would include the technical specifications for the electronic stability control system, and calls on the Commission to draw up a report on the state of those negotiations and the measures agreed on the matter;

| 34. | Looks forward to future reports on the development of the Safer, Cleaner, Efficient and Intelligent Car Initiative; |
| --- | --- |

34.

Looks forward to future reports on the development of the Safer, Cleaner, Efficient and Intelligent Car Initiative;

| 35. | Instructs its President to forward this resolution to the Council and the Commission, and to the governments and parliaments of the Member States. |
| --- | --- |

35.

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

---

(1)  OJ L 32, 6.2.2007, p. 200.

(2)  OJ C 43 E, 19.2.2004, p. 250.

(3)  OJ C 296 E, 6.12.2006, p. 268.

(4)  OJ C 244 E, 18.10.2007, p. 220.

(5)  Texts Adopted, P6_TA(2007)0345.

(6)  Texts Adopted, P6_TA(2007)0469.

(7)  Texts Adopted, P6_TA(2008)0007.

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| 27.11.2009 | EN | Official Journal of the European Union | CE 286/49 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/49

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Thursday 19 June 2008Burma

P6_TA(2008)0312

European Parliament resolution of 19 June 2008 on the continued detention of political prisoners in Burma

2009/C 286 E/12

The European Parliament,

having regard to its previous resolutions on Burma, in particular those of 24 April 2008 (1) and 27 September 2007 (2),

having regard to the Council's conclusions on Burma/Myanmar of 29 April 2008, adopted at the General Affairs and External Relations Council, in Luxembourg and the Council Common Position 2006/318/CFSP of 27 April 2006 renewing restrictive measures against Burma/Myanmar (3),

having regard to the report of 3 June 2008 by the United Nations (UN) Special Rapporteur Tomás Ojea Quintana on the situation of human rights in Burma on the implementation of UN Human Rights Council resolutions S-5/1 and 6/33,

having regard to Rule 115(5) of its Rules of Procedure,

| A. | whereas Aung San Suu Kyi, the General Secretary of the National League for Democracy (NLD), has spent thirteen of the last eighteen years as a political prisoner under house arrest; whereas a further 1 900 individuals have been imprisoned in atrocious conditions merely for expressing the wish to bring democracy to Burma or for protesting against the constitutional referendum, and whereas it is still unclear what happened to dozens of participants in the monk-led protests of September 2007 who remain missing, |
| --- | --- |

A.

whereas Aung San Suu Kyi, the General Secretary of the National League for Democracy (NLD), has spent thirteen of the last eighteen years as a political prisoner under house arrest; whereas a further 1 900 individuals have been imprisoned in atrocious conditions merely for expressing the wish to bring democracy to Burma or for protesting against the constitutional referendum, and whereas it is still unclear what happened to dozens of participants in the monk-led protests of September 2007 who remain missing,

| B. | whereas, by extending Aung San Suu Kyi's house arrest, the junta is infringing its own law (the State Protection Law of 1975) which stipulates that no one may be detained without charge or trial for more than five years, and whereas the regime continues to resist international demands for the release of political prisoners unjustly held in Burmese gaols, |
| --- | --- |

B.

whereas, by extending Aung San Suu Kyi's house arrest, the junta is infringing its own law (the State Protection Law of 1975) which stipulates that no one may be detained without charge or trial for more than five years, and whereas the regime continues to resist international demands for the release of political prisoners unjustly held in Burmese gaols,

| C. | whereas, far from heeding the UN Secretary-General's call for the release of prisoners, on 10 June 2008 the Burmese regime actually arrested a further 16 individuals, victims of Cyclone Nargis, for the crime of presenting themselves at the offices of the UN Development Programme and asking for humanitarian assistance, |
| --- | --- |

C.

whereas, far from heeding the UN Secretary-General's call for the release of prisoners, on 10 June 2008 the Burmese regime actually arrested a further 16 individuals, victims of Cyclone Nargis, for the crime of presenting themselves at the offices of the UN Development Programme and asking for humanitarian assistance,

| D. | whereas on 11 June 2008 official newspapers of the Burmese military junta, including the regime's mouthpiece, The New Light of Myanmar, called for the public flogging of Daw Aung San Suu Kyi, and whereas the military junta has refused to distance itself from this disgraceful suggestion, |
| --- | --- |

D.

whereas on 11 June 2008 official newspapers of the Burmese military junta, including the regime's mouthpiece, The New Light of Myanmar, called for the public flogging of Daw Aung San Suu Kyi, and whereas the military junta has refused to distance itself from this disgraceful suggestion,

| E. | whereas in the early hours of 3 May 2008, after smoke caused panic among the inmates when Cyclone Nargis hit Insein prison in Rangoon, soldiers and riot police opened fire on prisoners, unlawfully and unnecessarily killing an estimated 36 and injuring a further 70, |
| --- | --- |

E.

whereas in the early hours of 3 May 2008, after smoke caused panic among the inmates when Cyclone Nargis hit Insein prison in Rangoon, soldiers and riot police opened fire on prisoners, unlawfully and unnecessarily killing an estimated 36 and injuring a further 70,

| F. | whereas the UN human rights expert for Burma has demanded that the ruling junta investigate reports that its soldiers shot dead a number of prison inmates during Cyclone Nargis, and whereas the regime has refused to sanction any such investigation, |
| --- | --- |

F.

whereas the UN human rights expert for Burma has demanded that the ruling junta investigate reports that its soldiers shot dead a number of prison inmates during Cyclone Nargis, and whereas the regime has refused to sanction any such investigation,

| G. | whereas human rights groups report that, since 20 May 2008, the Burmese authorities have stepped up their efforts to remove survivors of the cyclone from temporary shelters such as schools and monasteries and to force them to go back to their homes, even if they are no longer standing, |
| --- | --- |

G.

whereas human rights groups report that, since 20 May 2008, the Burmese authorities have stepped up their efforts to remove survivors of the cyclone from temporary shelters such as schools and monasteries and to force them to go back to their homes, even if they are no longer standing,

| 1. | Strongly condemns the decision by the Burmese authorities to extend the house arrest of Aung San Suu Kyi; |
| --- | --- |

1.

Strongly condemns the decision by the Burmese authorities to extend the house arrest of Aung San Suu Kyi;

| 2. | Also deplores the detention of the group of political activists demanding the release of Aung San Suu Kyi and urges the Burmese authorities to free all political prisoners without further delay; |
| --- | --- |

2.

Also deplores the detention of the group of political activists demanding the release of Aung San Suu Kyi and urges the Burmese authorities to free all political prisoners without further delay;

| 3. | Denounces the prospect of the flogging of Aung San Suu Kyi as a crime against humanity, |
| --- | --- |

3.

Denounces the prospect of the flogging of Aung San Suu Kyi as a crime against humanity,

| 4. | Calls for a judicial investigation to be carried out under UN auspices into reports that the Burmese army murdered political prisoners in the aftermath of Cyclone Nargis; |
| --- | --- |

4.

Calls for a judicial investigation to be carried out under UN auspices into reports that the Burmese army murdered political prisoners in the aftermath of Cyclone Nargis;

| 5. | Deplores the ongoing imprisonment by the Burmese authorities of victims of Cyclone Nargis who attempted to seek aid from international aid organisations in Burma; |
| --- | --- |

5.

Deplores the ongoing imprisonment by the Burmese authorities of victims of Cyclone Nargis who attempted to seek aid from international aid organisations in Burma;

| 6. | Views as deeply regrettable the holding by the Burmese junta of a referendum on the constitution only days after a devastating cyclone had hit the country, and regards the results of the referendum as wholly lacking credibility; |
| --- | --- |

6.

Views as deeply regrettable the holding by the Burmese junta of a referendum on the constitution only days after a devastating cyclone had hit the country, and regards the results of the referendum as wholly lacking credibility;

| 7. | Calls on the Burmese authorities to lift all restrictions on peaceful political activities in the country and to progress towards an inclusive process of national reconciliation and the restoration of democracy, the rule of law and full respect for human rights; |
| --- | --- |

7.

Calls on the Burmese authorities to lift all restrictions on peaceful political activities in the country and to progress towards an inclusive process of national reconciliation and the restoration of democracy, the rule of law and full respect for human rights;

| 8. | Calls on the regime also to provide explanations regarding the individuals still missing after September 2007 crackdown on protests by Buddhist monks and democracy activists; |
| --- | --- |

8.

Calls on the regime also to provide explanations regarding the individuals still missing after September 2007 crackdown on protests by Buddhist monks and democracy activists;

| 9. | Calls on the military government of Burma to uphold the agreement reached with the UN Secretary-General to allow international humanitarian workers and supplies unhindered access to the areas affected by Cyclone Nargis and to cooperate fully with the international community in assessing assistance needs; calls on the Burmese authorities to stop official interference in the delivery of aid and to cooperate fully with humanitarian organisations; |
| --- | --- |

9.

Calls on the military government of Burma to uphold the agreement reached with the UN Secretary-General to allow international humanitarian workers and supplies unhindered access to the areas affected by Cyclone Nargis and to cooperate fully with the international community in assessing assistance needs; calls on the Burmese authorities to stop official interference in the delivery of aid and to cooperate fully with humanitarian organisations;

| 10. | Reiterates its calls to the Burmese authorities to engage in dialogue with all sectors of society in Burma in order to achieve genuine national reconciliation, democratisation and full respect for human rights and the rule of law; |
| --- | --- |

10.

Reiterates its calls to the Burmese authorities to engage in dialogue with all sectors of society in Burma in order to achieve genuine national reconciliation, democratisation and full respect for human rights and the rule of law;

| 11. | Appreciates the latest report by the UN Special Rapporteur, which compiles important evidence of continuing violations of human rights in the country; notes with great concern the conclusion of the report that almost no improvement has been made in the human rights situation in Burma since 26 March 2008; |
| --- | --- |

11.

Appreciates the latest report by the UN Special Rapporteur, which compiles important evidence of continuing violations of human rights in the country; notes with great concern the conclusion of the report that almost no improvement has been made in the human rights situation in Burma since 26 March 2008;

| 12. | Urges the Burmese authorities to enter into close dialogue with the UN Special Rapporteur and to accept his request to visit Burma; |
| --- | --- |

12.

Urges the Burmese authorities to enter into close dialogue with the UN Special Rapporteur and to accept his request to visit Burma;

| 13. | Calls on countries of the Association of Southeast Asian Nations (ASEAN) with which Burma enjoys close economic and political relations to put heavy pressure on the Burmese authorities to bring about democratic change; |
| --- | --- |

13.

Calls on countries of the Association of Southeast Asian Nations (ASEAN) with which Burma enjoys close economic and political relations to put heavy pressure on the Burmese authorities to bring about democratic change;

| 14. | Is of the opinion that the EU's clearly defined and targeted sanctions against the Burmese junta, although broadened after the September 2007 events with the introduction of an embargo on further sectors of the economy, are still having only a limited effect on the regime, thus falling short of the objectives sought; reiterates, therefore, its call on the Council to take further steps and effectively prevent the Burmese junta from accessing EU funding; calls on the Council and the Member States to monitor closely, and ensure the effective application of, the targeted sanctions; |
| --- | --- |

14.

Is of the opinion that the EU's clearly defined and targeted sanctions against the Burmese junta, although broadened after the September 2007 events with the introduction of an embargo on further sectors of the economy, are still having only a limited effect on the regime, thus falling short of the objectives sought; reiterates, therefore, its call on the Council to take further steps and effectively prevent the Burmese junta from accessing EU funding; calls on the Council and the Member States to monitor closely, and ensure the effective application of, the targeted sanctions;

| 15. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the EU Special Envoy for Burma, the Burmese State Peace and Development Council, the governments of the ASEAN and the member states of the Asia-Europe Meeting, the ASEAN Inter-Parliamentary Myanmar Caucus, Aung San Suu Kyi, the NLD, the UN Secretary-General, the UN High Commissioner for Human Rights and the UN Human Rights Commission Special Rapporteur for Burma. |
| --- | --- |

15.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the EU Special Envoy for Burma, the Burmese State Peace and Development Council, the governments of the ASEAN and the member states of the Asia-Europe Meeting, the ASEAN Inter-Parliamentary Myanmar Caucus, Aung San Suu Kyi, the NLD, the UN Secretary-General, the UN High Commissioner for Human Rights and the UN Human Rights Commission Special Rapporteur for Burma.

---

(1)  Texts Adopted, P6_TA(2008)0178.

(2)  Texts Adopted, P6_TA(2007)0420.

(3)  OJ L 116, 29.4.2006, p. 77.

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| 27.11.2009 | EN | Official Journal of the European Union | CE 286/52 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/52

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Thursday 19 June 2008Somalia

P6_TA(2008)0313

European Parliament resolution of 19 June 2008 on the routine killing of civilians in Somalia

2009/C 286 E/13

The European Parliament,

having regard to its previous resolutions on human rights abuses in Somalia,

having regard to statements made by the EU Council Presidency on the recent Djibouti peace agreement,

having regard to reports from UN Secretary-General Ban Ki-moon expressing concern about the persisting humanitarian catastrophe in Somalia,

having regard to the African Union (AU) initiatives and statements vis-à-vis the situation in Somalia,

having regard to the plan for national reconciliation put forward in UN Security Council Resolution 1744 (2007), adopted on 20 February 2007, in the aftermath of the victory by Ethiopia over the Union of Islamic Courts,

having regard to Rule 115(5) of its Rules of Procedure,

| A. | concerned by the prolonged civil war in Somalia and its implications for the peace and reconciliation process in that country, as well as for the security and stability of the Horn of Africa as a whole, |
| --- | --- |

A.

concerned by the prolonged civil war in Somalia and its implications for the peace and reconciliation process in that country, as well as for the security and stability of the Horn of Africa as a whole,

| B. | whereas an estimated 100 people have been killed and thousands have fled their homes in the Somali capital, Mogadishu, in recent days, following renewed fighting between troops of the Transitional Federal Government (TFG) and insurgents, as a result of the rejection by some Islamist leaders of the UN-brokered, three-month ceasefire deal signed in Djibouti by the TFG and the Alliance for the Re-liberation of Somalia (ARS), |
| --- | --- |

B.

whereas an estimated 100 people have been killed and thousands have fled their homes in the Somali capital, Mogadishu, in recent days, following renewed fighting between troops of the Transitional Federal Government (TFG) and insurgents, as a result of the rejection by some Islamist leaders of the UN-brokered, three-month ceasefire deal signed in Djibouti by the TFG and the Alliance for the Re-liberation of Somalia (ARS),

| C. | whereas members of civil society in Somalia, in particular the media, have been singled out for attack and assassination, and deploring the brutal, targeted murder of Nasteh Dahir Farah, Vice-President of the National Union of Somali Journalists, who was gunned down in the southern town of Kismayu (Somalia) on Saturday, 7 June 2008, |
| --- | --- |

C.

whereas members of civil society in Somalia, in particular the media, have been singled out for attack and assassination, and deploring the brutal, targeted murder of Nasteh Dahir Farah, Vice-President of the National Union of Somali Journalists, who was gunned down in the southern town of Kismayu (Somalia) on Saturday, 7 June 2008,

| D. | whereas 15 aid workers have been killed since early 2008, including a prominent Somali aid worker, the head of the local Woman and Child Care aid agency, Mohamed Mahdi, who was shot in Mogadishu by unidentified gunmen, |
| --- | --- |

D.

whereas 15 aid workers have been killed since early 2008, including a prominent Somali aid worker, the head of the local Woman and Child Care aid agency, Mohamed Mahdi, who was shot in Mogadishu by unidentified gunmen,

| E. | whereas the UN Secretary-General has expressed concern at the increase in the recruitment of child soldiers, particularly in Mogadishu, and the widespread use of children in almost all fighting forces in Somalia, |
| --- | --- |

E.

whereas the UN Secretary-General has expressed concern at the increase in the recruitment of child soldiers, particularly in Mogadishu, and the widespread use of children in almost all fighting forces in Somalia,

| F. | whereas widespread human rights abuses and violations of international humanitarian law by all parties to the conflict, specifically torture and other ill-treatment, rape, extrajudicial executions, arbitrary detention, and attacks on civilians and civilian infrastructure, continue to take place in Somalia, |
| --- | --- |

F.

whereas widespread human rights abuses and violations of international humanitarian law by all parties to the conflict, specifically torture and other ill-treatment, rape, extrajudicial executions, arbitrary detention, and attacks on civilians and civilian infrastructure, continue to take place in Somalia,

| G. | whereas the continuing conflict and political instability in Somalia have given rise to acts of piracy and armed robbery, |
| --- | --- |

G.

whereas the continuing conflict and political instability in Somalia have given rise to acts of piracy and armed robbery,

| H. | whereas, since February 2007, some 856 970 Somalis have fled fighting in Mogadishu, and 2.6 million Somalis — about 35 % of the population — are in need of humanitarian assistance, a figure which could rise to 3.5 million by the end of the year, |
| --- | --- |

H.

whereas, since February 2007, some 856 970 Somalis have fled fighting in Mogadishu, and 2.6 million Somalis — about 35 % of the population — are in need of humanitarian assistance, a figure which could rise to 3.5 million by the end of the year,

| I. | whereas the UN Secretary-General urged the Ethiopian forces to refrain from indiscriminate attacks against civilians and civilian objects, including attacks on schools and hospitals, and called on the Ethiopian authorities to investigate allegations of grave violations against children by their forces, |
| --- | --- |

I.

whereas the UN Secretary-General urged the Ethiopian forces to refrain from indiscriminate attacks against civilians and civilian objects, including attacks on schools and hospitals, and called on the Ethiopian authorities to investigate allegations of grave violations against children by their forces,

| 1. | Strongly condemns the continued fighting, targeted killings and other serious violations of human rights committed by all parties to the conflict, which has caused the loss of life of numerous Somali civilians and a humanitarian catastrophe; |
| --- | --- |

1.

Strongly condemns the continued fighting, targeted killings and other serious violations of human rights committed by all parties to the conflict, which has caused the loss of life of numerous Somali civilians and a humanitarian catastrophe;

| 2. | Calls on all sides to the conflict immediately to halt all violations of international human rights and humanitarian law, stop attacks targeting civilians, cease all use of death threats, rape, unlawful arrest, kidnapping, intimidation and looting of civilians, and fully abide by the provisions of Common Article 3 of the Geneva Conventions; |
| --- | --- |

2.

Calls on all sides to the conflict immediately to halt all violations of international human rights and humanitarian law, stop attacks targeting civilians, cease all use of death threats, rape, unlawful arrest, kidnapping, intimidation and looting of civilians, and fully abide by the provisions of Common Article 3 of the Geneva Conventions;

| 3. | Calls for the liberation of the two Italian members and one Somali member of the agricultural NGO Cooperazione Italiana Nord Sud, Jolanda Occhipinti, Giuliano Paganini and Abdirahaman Yussuf Harale, kidnapped on 21 May 2008 around 60 km south of Mogadishu, for whom a ransom of USD 1 000 000 has been demanded; |
| --- | --- |

3.

Calls for the liberation of the two Italian members and one Somali member of the agricultural NGO Cooperazione Italiana Nord Sud, Jolanda Occhipinti, Giuliano Paganini and Abdirahaman Yussuf Harale, kidnapped on 21 May 2008 around 60 km south of Mogadishu, for whom a ransom of USD 1 000 000 has been demanded;

| 4. | Calls for investigations into all cases of human rights violations, including grave violations of children's rights; urges the TFG to end the detention of children and to control the proliferation of small arms; |
| --- | --- |

4.

Calls for investigations into all cases of human rights violations, including grave violations of children's rights; urges the TFG to end the detention of children and to control the proliferation of small arms;

| 5. | Urges all sides to the conflict to take all the necessary steps to ensure unimpeded humanitarian access and assistance to affected populations in the country, and to take effective measures to ensure the safety of local and international humanitarian workers; |
| --- | --- |

5.

Urges all sides to the conflict to take all the necessary steps to ensure unimpeded humanitarian access and assistance to affected populations in the country, and to take effective measures to ensure the safety of local and international humanitarian workers;

| 6. | Welcomes the peace deal reached between the TFG and ARS at the inter-Somali talks in Djibouti on 9 June 2008, facilitated by the UN Secretary-General's Special Representative Ahmedou Ould-Abdallah, the AU and other regional organisations and international partners; urges the TFG to engage in a genuine reconciliation process with all parties to the conflict within the country to create the conditions for peace, security and stability; |
| --- | --- |

6.

Welcomes the peace deal reached between the TFG and ARS at the inter-Somali talks in Djibouti on 9 June 2008, facilitated by the UN Secretary-General's Special Representative Ahmedou Ould-Abdallah, the AU and other regional organisations and international partners; urges the TFG to engage in a genuine reconciliation process with all parties to the conflict within the country to create the conditions for peace, security and stability;

| 7. | Calls for the strengthening of the role of civil society, particularly that of women and children, in the process of national reconciliation; |
| --- | --- |

7.

Calls for the strengthening of the role of civil society, particularly that of women and children, in the process of national reconciliation;

| 8. | Calls on the TFG, in collaboration with the UN and the AU, to use all available means to prevent, deter and suppress piracy and armed robbery committed from the Somali coast against vessels, especially those carrying humanitarian aid; |
| --- | --- |

8.

Calls on the TFG, in collaboration with the UN and the AU, to use all available means to prevent, deter and suppress piracy and armed robbery committed from the Somali coast against vessels, especially those carrying humanitarian aid;

| 9. | Calls on the EU to urge the Kenyan Government to allow Somali refugees asylum and uphold their rights to assistance, and calls on the Kenyan Government to allow unimpeded humanitarian access through the El Wak crossing; |
| --- | --- |

9.

Calls on the EU to urge the Kenyan Government to allow Somali refugees asylum and uphold their rights to assistance, and calls on the Kenyan Government to allow unimpeded humanitarian access through the El Wak crossing;

| 10. | Calls on all donors, and the EU in particular, to increase the provision of humanitarian assistance to internally displaced persons and to guarantee effective development aid to the Somali population; |
| --- | --- |

10.

Calls on all donors, and the EU in particular, to increase the provision of humanitarian assistance to internally displaced persons and to guarantee effective development aid to the Somali population;

| 11. | Calls on the Commission to ensure that EU aid is not being misappropriated to re-empower warlords who have been absorbed into transnational federal institutions, and to take steps to rectify this if necessary; |
| --- | --- |

11.

Calls on the Commission to ensure that EU aid is not being misappropriated to re-empower warlords who have been absorbed into transnational federal institutions, and to take steps to rectify this if necessary;

| 12. | Calls on the UN Security Council to strengthen the UN arms embargo on Somalia and take more determined action to ensure that the embargo is fully respected by states in the region; calls on the UN Security Council to investigate and impose targeted sanctions, including possible referral to the International Criminal Court, on all individuals accused of committing war crimes and crimes against humanity in Somalia; |
| --- | --- |

12.

Calls on the UN Security Council to strengthen the UN arms embargo on Somalia and take more determined action to ensure that the embargo is fully respected by states in the region; calls on the UN Security Council to investigate and impose targeted sanctions, including possible referral to the International Criminal Court, on all individuals accused of committing war crimes and crimes against humanity in Somalia;

| 13. | Welcomes UN Security Council Resolution 1814 (2008), adopted unanimously on 15 May 2008, calling for the possible deployment of a 28 500-strong UN peacekeeping force, pending an improvement in political and security conditions on the ground; notes that the proposed UN force would replace a small contingent of AU peacekeepers deployed in Somalia since March 2007; |
| --- | --- |

13.

Welcomes UN Security Council Resolution 1814 (2008), adopted unanimously on 15 May 2008, calling for the possible deployment of a 28 500-strong UN peacekeeping force, pending an improvement in political and security conditions on the ground; notes that the proposed UN force would replace a small contingent of AU peacekeepers deployed in Somalia since March 2007;

| 14. | Strongly urges that the AU Mission in Somalia (Amisom) and any subsequent UN peacekeeping mission be mandated to protect civilians, including women, children and internally displaced persons, and include a strong human rights component, with the capacity to monitor, investigate and report human rights violations; |
| --- | --- |

14.

Strongly urges that the AU Mission in Somalia (Amisom) and any subsequent UN peacekeeping mission be mandated to protect civilians, including women, children and internally displaced persons, and include a strong human rights component, with the capacity to monitor, investigate and report human rights violations;

| 15. | Reiterates its support for the UN Secretary-General's Special Representative for Somalia, Ahmedou Ould Abdallah, in his efforts to coordinate the action of the international community and to facilitate inter-Somali political dialogue, as well as in stabilising the situation in Somalia through the deployment of Amisom; |
| --- | --- |

15.

Reiterates its support for the UN Secretary-General's Special Representative for Somalia, Ahmedou Ould Abdallah, in his efforts to coordinate the action of the international community and to facilitate inter-Somali political dialogue, as well as in stabilising the situation in Somalia through the deployment of Amisom;

| 16. | Instructs its President to forward this resolution to the Council, the Commission, the Member States, the Secretaries-General of the AU, the UN and the Intergovernmental Authority on Development, the President of the TFG, the Government of Ethiopia and the Pan-African Parliament. |
| --- | --- |

16.

Instructs its President to forward this resolution to the Council, the Commission, the Member States, the Secretaries-General of the AU, the UN and the Intergovernmental Authority on Development, the President of the TFG, the Government of Ethiopia and the Pan-African Parliament.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/54 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/54

---

Thursday 19 June 2008Iran

P6_TA(2008)0314

European Parliament resolution of 19 June 2008 on Iran

2009/C 286 E/14

The European Parliament,

having regard to its previous resolutions on Iran, notably those concerning human rights,

having regard to the EU Presidency statements of 4 June 2008 and 10 June 2008 on the imminent execution of juvenile offenders in Iran,

having regard to the Declaration of 13 June 2008 by the Presidency on behalf of the European Union on the execution of Mohammad Hassanzadeh,

having regard to the resolutions of the General Assembly of the United Nations, and, in particular, resolution 62/168 of 18 December 2007 on the situation of human rights in the Islamic Republic of Iran and resolution 62/149 of 18 December 2007 on a moratorium on the use of the death penalty,

having regard to the United Nations Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, to all of which Iran is a party,

having regard to Rule 115(5) of its Rules of Procedure,

| A. | whereas the general human rights situation in Iran has continued to deteriorate since 2005, and whereas executions alone almost doubled in 2007, |
| --- | --- |

A.

whereas the general human rights situation in Iran has continued to deteriorate since 2005, and whereas executions alone almost doubled in 2007,

| B. | whereas Iran and a few other countries still execute minors; whereas Iran is known to have executed more juvenile offenders than any other country in the world, and according to reports more than 100 individuals are on death row in Iran for crimes allegedly committed when under the age of 18, |
| --- | --- |

B.

whereas Iran and a few other countries still execute minors; whereas Iran is known to have executed more juvenile offenders than any other country in the world, and according to reports more than 100 individuals are on death row in Iran for crimes allegedly committed when under the age of 18,

| C. | whereas Mohammad Hassanzadeh, a juvenile offender who was executed on 10 June 2008, was under the age of 18 at the time of execution, |
| --- | --- |

C.

whereas Mohammad Hassanzadeh, a juvenile offender who was executed on 10 June 2008, was under the age of 18 at the time of execution,

| D. | whereas at least four other juvenile offenders, Behnoud Shojaee, Mohammad Fedaei, Saeed Jazee and Behnam Zaare, face imminent risk of execution, however, the Iranian authorities have ordered a stay of execution of one month for two of these juvenile offenders, Behnoud Shojaee and Mohammad Fedaei, |
| --- | --- |

D.

whereas at least four other juvenile offenders, Behnoud Shojaee, Mohammad Fedaei, Saeed Jazee and Behnam Zaare, face imminent risk of execution, however, the Iranian authorities have ordered a stay of execution of one month for two of these juvenile offenders, Behnoud Shojaee and Mohammad Fedaei,

| E. | whereas the United Nations High Commissioner for Human Rights reminded the Iranian authorities on 10 June 2008 of the absolute prohibition on the application of the death penalty to juvenile offenders under international law, |
| --- | --- |

E.

whereas the United Nations High Commissioner for Human Rights reminded the Iranian authorities on 10 June 2008 of the absolute prohibition on the application of the death penalty to juvenile offenders under international law,

| F. | whereas Iranian juvenile offenders include people accused of having same-sex relations, which is subject to capital punishment in Iran, |
| --- | --- |

F.

whereas Iranian juvenile offenders include people accused of having same-sex relations, which is subject to capital punishment in Iran,

| 1. | Strongly condemns the death sentences and executions in Iran, in particular those imposed or carried out on juvenile offenders and minors, and urges the Iranian authorities to respect internationally recognised legal safeguards with regard to minors; |
| --- | --- |

1.

Strongly condemns the death sentences and executions in Iran, in particular those imposed or carried out on juvenile offenders and minors, and urges the Iranian authorities to respect internationally recognised legal safeguards with regard to minors;

| 2. | Stresses that juvenile death sentences are in direct contravention of the international obligations and commitments to which the Islamic Republic of Iran is a signatory, specifically as set out in the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, both clearly prohibiting the execution of minors or people who have been convicted of crimes committed when they were minors; |
| --- | --- |

2.

Stresses that juvenile death sentences are in direct contravention of the international obligations and commitments to which the Islamic Republic of Iran is a signatory, specifically as set out in the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, both clearly prohibiting the execution of minors or people who have been convicted of crimes committed when they were minors;

| 3. | Condemns in the strongest possible terms the execution of Mohammad Hassanzadeh, who was under the age of 18 when he was executed; |
| --- | --- |

3.

Condemns in the strongest possible terms the execution of Mohammad Hassanzadeh, who was under the age of 18 when he was executed;

| 4. | Urges the Iranian authorities to halt the execution of Behnoud Shojaee, Mohammad Fedaei, Saeed Jazee, Behnam Zaare and all other juvenile offenders sentenced to death; |
| --- | --- |

4.

Urges the Iranian authorities to halt the execution of Behnoud Shojaee, Mohammad Fedaei, Saeed Jazee, Behnam Zaare and all other juvenile offenders sentenced to death;

| 5. | Calls on the members of the newly elected Majlis (the Iranian Parliament) speedily to pass the pending reform of the Iranian penal code, with the aim, notably, of abolishing stoning and executions of child offenders, to move towards a moratorium on the death penalty and to bring Iranian legislation into line with international human rights obligations; |
| --- | --- |

5.

Calls on the members of the newly elected Majlis (the Iranian Parliament) speedily to pass the pending reform of the Iranian penal code, with the aim, notably, of abolishing stoning and executions of child offenders, to move towards a moratorium on the death penalty and to bring Iranian legislation into line with international human rights obligations;

| 6. | Calls for the decriminalisation of same-sex relations in Iran; |
| --- | --- |

6.

Calls for the decriminalisation of same-sex relations in Iran;

| 7. | Urges Member States to suspend the expulsion to Iran of persons who are threatened with execution or torture; |
| --- | --- |

7.

Urges Member States to suspend the expulsion to Iran of persons who are threatened with execution or torture;

| 8. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the UN Secretary-General, the UN Human Rights Council, the Head of the Judiciary of Iran, and the Government and Parliament of the Islamic Republic of Iran. |
| --- | --- |

8.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the UN Secretary-General, the UN Human Rights Council, the Head of the Judiciary of Iran, and the Government and Parliament of the Islamic Republic of Iran.

---

European Parliament

Tuesday 17 June 2008

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/56 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/56

---

Tuesday 17 June 2008European Network and Information Security Agency ***I

P6_TA(2008)0263

European Parliament legislative resolution of 17 June 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration (COM(2007)0861 — C6-0003/2008 — 2007/0291(COD))

2009/C 286 E/15

(Codecision procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0861),

having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0003/2008),

having regard to Rule 51 and Rule 43(2) of its Rules of Procedure,

having regard to the report of the Committee on Industry, Research and Energy (A6-0245/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

Tuesday 17 June 2008P6_TC1-COD(2007)0291

Position of the European Parliament adopted at first reading on 17 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 1007/2008.)

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/57 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/57

---

Tuesday 17 June 2008Lighting and light-signalling devices on two or three-wheel motor vehicles (codified version) ***I

P6_TA(2008)0264

European Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on the installation of lighting and light-signalling devices on two or three-wheel motor vehicles (codified version) (COM(2007)0768 — C6-0449/2007 — 2007/0270(COD))

2009/C 286 E/16

(Codecision procedure — codification)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0768),

having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0449/2007),

having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),

having regard to Rules 80 and 51 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A6-0233/2008),

| A. | whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 102, 4.4.1996, p. 2.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/58 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/58

---

Tuesday 17 June 2008Lighting and light-signalling devices on wheeled agricultural or forestry tractors (codified version) ***I

P6_TA(2008)0265

European Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on the component type-approval of lighting and light-signalling devices on wheeled agricultural or forestry tractors (codified version) (COM(2007)0840 — C6-0004/2008 — 2007/0284(COD))

2009/C 286 E/17

(Codecision procedure — codification)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0840),

having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0004/2008),

having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),

having regard to Rules 80 and 51 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A6-0235/2008),

| A. | whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 102, 4.4.1996, p. 2.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/59 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/59

---

Tuesday 17 June 2008Roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (codified version) ***I

P6_TA(2008)0266

European Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (codified version) (COM(2008)0025 — C6-0044/2008 — 2008/0008(COD))

2009/C 286 E/18

(Codecision procedure — codification)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0025),

having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0044/2008),

having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),

having regard to Rules 80 and 51 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A6-0234/2008),

| A. | whereas, in the view of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, in the view of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 102, 4.4.1996, p. 2.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/60 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/60

---

Tuesday 17 June 2008Mergers of public limited liability companies (codified version) ***I

P6_TA(2008)0267

European Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council concerning mergers of public limited liability companies (codified version) (COM(2008)0026 — C6-0045/2008 — 2008/0009(COD))

2009/C 286 E/19

(Codecision procedure — codification)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0026),

having regard to Article 251(2) and Article 44(2)(g) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0045/2008),

having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),

having regard to Rules 80 and 51 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A6-0236/2008),

| A. | whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 102, 4.4.1996, p. 2.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/61 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/61

---

Tuesday 17 June 2008Legal protection of computer programs (codified version) ***I

P6_TA(2008)0268

European Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on the legal protection of computer programs (codified version) (COM(2008)0023 — C6-0042/2008 — 2008/0019(COD))

2009/C 286 E/20

(Codecision procedure — codification)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0023),

having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0042/2008),

having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),

having regard to Rules 80 and 51 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A6-0237/2008),

| A. | whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 102, 4.4.1996, p. 2.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/61 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/61

---

Tuesday 17 June 2008Reciprocal recognition of navigability licences for inland waterway vessels (codified version) ***I

P6_TA(2008)0269

European Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on reciprocal recognition of navigability licences for inland waterway vessels (codified version) (COM(2008)0037 — C6-0048/2008 — 2008/0021(COD))

2009/C 286 E/21

(Codecision procedure — codification)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0037),

having regard to Article 251(2) and Article 71 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0048/2008),

having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),

having regard to Rules 80 and 51 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A6-0238/2008),

| A. | whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 102, 4.4.1996, p. 2.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/62 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/62

---

Tuesday 17 June 2008Safeguards by Member States within the meaning of the second paragraph of Article 48 of the Treaty (codified version) ***I

P6_TA(2008)0270

European Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards equivalent (codified version) (COM(2008)0039 — C6-0050/2008 — 2008/0022(COD))

2009/C 286 E/22

(Codecision procedure — codification)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0039),

having regard to Article 251(2) and Article 44(2)(g) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0050/2008),

having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),

having regard to Rules 80 and 51 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A6-0239/2008),

| A. | whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 102, 4.4.1996, p. 2.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/63 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/63

---

Tuesday 17 June 2008Veterinary checks in intra-Community trade (codified version) *

P6_TA(2008)0271

European Parliament legislative resolution of 17 June 2008 on the proposal for a Council directive concerning veterinary checks in intra-Community trade (codified version) (COM(2008)0099 — C6-0135/2008 — 2008/0037(CNS))

2009/C 286 E/23

(Consultation procedure — codification)

The European Parliament,

having regard to the Commission proposal to the Council (COM(2008)0099),

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0135/2008),

having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1)

having regard to Rules 80 and 51 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A6-0243/2008),

| A. | whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 102, 4.4.1996, p. 2.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/63 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/63

---

Tuesday 17 June 2008Marketing of material for the vegetative propagation of the vine (codified version) *

P6_TA(2008)0272

European Parliament legislative resolution of 17 June 2008 on the proposal for a Council directive on the marketing of material for the vegetative propagation of the vine (codified version) (COM(2008)0091 — C6-0136/2008 — 2008/0039(CNS))

2009/C 286 E/24

(Consultation procedure — codification)

The European Parliament,

having regard to the Commission proposal to the Council (COM(2008)0091),

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0136/2008),

having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),

having regard to Rules 80 and 51 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A6-0242/2008),

| A. | whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 102, 4.4.1996, p. 2.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/64 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/64

---

Tuesday 17 June 2008Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (recast) ***I

P6_TA(2008)0273

European Parliament legislative resolution of 17 June 2008 on the proposal for a directive of theEuropean Parliament and of the Council concerning a Community procedure to improve thetransparency of gas and electricity prices charged to industrial end-users (recast) (COM(2007)0735 — C6-0441/2007 — 2007/0253(COD))

2009/C 286 E/25

(Codecision procedure — recast)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0735),

having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0441/2007),

having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1),

having regard to Rules 80a and 51 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A6-0217/2008),

| A. | whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 77, 28.3.2002, p. 1.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/65 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/65

---

Tuesday 17 June 2008Nominal catch statistics in certain areas other than those of the North Atlantic (recast) ***I

P6_TA(2008)0274

European Parliament legislative resolution of 17 June 2008 on the proposal for a regulation of the European Parliament and of the Council on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (recast) (COM(2007)0760 — C6-0443/2007 — 2007/0260(COD))

2009/C 286 E/26

(Codecision procedure — recast)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0760),

having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0443/2007),

having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1),

having regard to Rules 80a and 51 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Fisheries (A6-0218/2008),

| A. | whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 77, 28.3.2002, p. 1.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/66 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/66

---

Tuesday 17 June 2008Catch and activity statistics in the Northwest Atlantic (recast) ***I

P6_TA(2008)0275

European Parliament legislative resolution of 17 June 2008 on the proposal for a regulation of the European Parliament and of the Council on the submission of catch and activity statistics by Member States fishing in the Northwest Atlantic (recast) (COM(2007)0762 — C6-0444/2007 — 2007/0264(COD))

2009/C 286 E/27

(Codecision procedure — recast)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0762),

having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0444/2007),

having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1),

having regard to Rules 80a and 51 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Fisheries (A6-0219/2008),

| A. | whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 77, 28.3.2002, p. 1.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/67 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/67

---

Tuesday 17 June 2008Nominal catch statistics in the north-east Atlantic (recast) ***I

P6_TA(2008)0276

European Parliament legislative resolution of 17 June 2008 on the proposal for a regulation of the European Parliament and of the Council on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (recast) (COM(2007)0763 — C6-0440/2007 — 2007/0268(COD))

2009/C 286 E/28

(Codecision procedure — recast)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0763),

having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0440/2007),

having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1),

having regard to Rules 80a and 51 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Fisheries (A6-0214/2008),

| A. | whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 77, 28.3.2002, p. 1.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/68 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/68

---

Tuesday 17 June 2008Textile names (recast) ***I

P6_TA(2008)0277

European Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on textile names (recast) (COM(2007)0870 — C6-0024/2008 — 2008/0005(COD))

2009/C 286 E/29

(Codecision procedure — recast)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0870),

having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0024/2008),

having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1),

having regard to Rules 80a and 51 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on the Internal Market and Consumer Protection (A6-0215/2008),

| A. | whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 77, 28.3.2002, p. 1.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/69 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/69

---

Tuesday 17 June 2008Accession of Bulgaria and Romania to the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises *

P6_TA(2008)0278

European Parliament legislative resolution of 17 June 2008 on the recommendation for a Council decision concerning the accession of Bulgaria and Romania to the Convention of 23 July 1990 onthe elimination of double taxation in connection with the adjustment of profits of associated enterprises (COM(2007)0839 — C6-0028/2008 — 2007/0283(CNS))

2009/C 286 E/30

(Consultation procedure)

The European Parliament,

having regard to the Commission recommendation to the Council (COM(2007)0839),

having regard to Article 3(4) of the Act of Accession of the Republic of Bulgaria and Romania, pursuant to which the Council consulted Parliament (C6-0028/2008),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Economic and Monetary Affairs (A6-0194/2008),

| 1. | Approves the Commission recommendation as amended; |
| --- | --- |

1.

Approves the Commission recommendation as amended;

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

2.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 3. | Calls on the Council, when deciding on the date of application of the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises, to take into account Parliament's concerns regarding the need to minimise the tax burden on tax payers; |
| --- | --- |

3.

Calls on the Council, when deciding on the date of application of the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises, to take into account Parliament's concerns regarding the need to minimise the tax burden on tax payers;

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission recommendation substantially; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to amend the Commission recommendation substantially;

| 5. | Instructs its President to forward its position to the Council, the Commission and the governments of the Republic of Bulgaria, Romania and the other Member States. |
| --- | --- |

5.

Instructs its President to forward its position to the Council, the Commission and the governments of the Republic of Bulgaria, Romania and the other Member States.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENT |
| --- | --- |
| Amendment 1 |
| Recommendation for a decision


  Article 3 |
| The Arbitration Convention, as amended by the Protocol of 25 May 1999, the Conventions of 21 December 1995 and of 8 December 2004 and this Decision, enters into force on
  1 January 2007
  between Bulgaria, Romania and the other Member States for which the Arbitration Convention is in force. It enters into force between Bulgaria, Romania and each of the other Member States on the day the Arbitration Convention enters into force for the other Member State concerned. | The Arbitration Convention, as amended by the Protocol of 25 May 1999, the Conventions of 21 December 1995 and of 8 December 2004 and this Decision, shall enter into force on
  the day following that of the publication of this Decision in the Official Journal of the European Union
  between Bulgaria, Romania and the other Member States in which the Arbitration Convention is in force. It shall enter into force between Bulgaria, Romania and each of the other Member States on the day on which the Arbitration Convention enters into force in the other Member State concerned. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENT

Amendment 1

Recommendation for a decision

Article 3

The Arbitration Convention, as amended by the Protocol of 25 May 1999, the Conventions of 21 December 1995 and of 8 December 2004 and this Decision, enters into force on
  1 January 2007
  between Bulgaria, Romania and the other Member States for which the Arbitration Convention is in force. It enters into force between Bulgaria, Romania and each of the other Member States on the day the Arbitration Convention enters into force for the other Member State concerned.

The Arbitration Convention, as amended by the Protocol of 25 May 1999, the Conventions of 21 December 1995 and of 8 December 2004 and this Decision, shall enter into force on
  the day following that of the publication of this Decision in the Official Journal of the European Union
  between Bulgaria, Romania and the other Member States in which the Arbitration Convention is in force. It shall enter into force between Bulgaria, Romania and each of the other Member States on the day on which the Arbitration Convention enters into force in the other Member State concerned.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/70 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/70

---

Tuesday 17 June 2008Exchanges between the Member States of information extracted from the criminal record *

P6_TA(2008)0279

European Parliament legislative resolution of 17 June 2008 on the proposal for a Council framework decision on the organisation and content of the exchange of information extracted from criminal records between Member States (5968/2008 — C6-0067/2008 — 2005/0267(CNS))

2009/C 286 E/31

(Consultation procedure — renewed consultation)

The European Parliament,

having regard to the Council draft (5968/2008),

having regard to the Commission proposal (COM(2005)0690),

having regard to its position of 21 June 2007 (1),

having regard to Articles 31 and 34(2)(b) of the EU Treaty,

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council again consulted Parliament (C6-0067/2008),

having regard to Rules 93, 51 and 55(3) of its Rules of Procedure,

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0207/2008),

| 1. | Approves the Council draft as amended; |
| --- | --- |

1.

Approves the Council draft as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Calls on the Council to consult Parliament again if it intends to amend the draft substantially or replace it with another text; |
| --- | --- |

4.

Calls on the Council to consult Parliament again if it intends to amend the draft substantially or replace it with another text;

| 5. | Calls on the Council and the Commission, following the entry into force of the Treaty of Lisbon, to give priority to any future proposal to amend the Framework Decision in accordance with Declaration No 50 concerning Article 10 of the Protocol on transitional provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community; |
| --- | --- |

5.

Calls on the Council and the Commission, following the entry into force of the Treaty of Lisbon, to give priority to any future proposal to amend the Framework Decision in accordance with Declaration No 50 concerning Article 10 of the Protocol on transitional provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community;

| 6. | Is determined to examine any such future proposal by urgent procedure in accordance with the procedure referred to in paragraph 5 and in close cooperation with national parliaments; |
| --- | --- |

6.

Is determined to examine any such future proposal by urgent procedure in accordance with the procedure referred to in paragraph 5 and in close cooperation with national parliaments;

| 7. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

7.

Instructs its President to forward its position to the Council and the Commission.

| TEXT PROPOSED BY THE COUNCIL | AMENDMENT |
| --- | --- |
| Amendment 1 |
| Proposal for a Council framework decision


  Recital 5a (new) |
| | (5a) | The fact that different legal regimes may apply to a single criminal conviction leads to the circulation of unreliable information between Member States and creates legal uncertainty for the convicted person. To avoid this situation, the convicting Member State should be regarded as the owner of the data on criminal convictions handed down on its territory against nationals of other Member States. Accordingly, the Member State of nationality of the convicted person, to which these data will be transmitted, must ensure that they are kept up-to-date by taking into account any alteration or deletion occurring in the convicting Member State. Only data that have been kept up-to-date in this way should be used internally by the Member State of nationality or further transmitted by it to any other State, being another Member State or a third country. |

TEXT PROPOSED BY THE COUNCIL

AMENDMENT

Amendment 1

Proposal for a Council framework decision

Recital 5a (new)

(5a)

Amendment 2

Proposal for a Council framework decision

Recital 9aa (new)

| (9aa) | Where information is received pursuant to the third subparagraph of Article 7(2), the central authority of the Member State of nationality must ensure that the replies to requests from an individual for information concerning his criminal record contain a general reference to the applicant's criminal record, including the information transmitted by the convicting Member State. |
| --- | --- |

(9aa)

Amendment 3

Proposal for a Council framework decision

Recital 10

| (10) | The provisions of this Framework decision establish rules on the protection of personal data transmitted between the Member States as a result of its implementation. Existing general rules on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters are complemented by the rules established in this instrument. Furthermore, the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data applies to the personal data handled on the basis of the present Framework Decision. This Framework Decision also incorporates the provisions of the Decision of 21 November 2005 on the exchange of information extracted from the criminal records1, which limit the use the requesting Member State can make of information asked for. It supplements them with specific rules applying where the Member State of the person's nationality forward conviction information transmitted to it by the convicting Member State. |
| --- | --- |

(10)

The provisions of this Framework decision establish rules on the protection of personal data transmitted between the Member States as a result of its implementation. Existing general rules on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters are complemented by the rules established in this instrument. Furthermore, the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data applies to the personal data handled on the basis of the present Framework Decision. This Framework Decision also incorporates the provisions of the Decision of 21 November 2005 on the exchange of information extracted from the criminal records1, which limit the use the requesting Member State can make of information asked for. It supplements them with specific rules applying where the Member State of the person's nationality forward conviction information transmitted to it by the convicting Member State.

| (10) | The provisions of this Framework decision establish rules on the protection of personal data transmitted between the Member States as a result of its implementation. Existing general rules on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters are complemented by the rules established in this instrument
  , in particular the basic principles set out in Article 9
  . Furthermore, the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data applies to the personal data handled on the basis of the present Framework Decision. This Framework Decision also incorporates the provisions of the Decision of 21 November 2005 on the exchange of information extracted from the criminal records, which limit the use the requesting Member State can make of information asked for. It supplements them with specific rules applying where the Member State of the person's nationality forward conviction information transmitted to it by the convicting Member State. |
| --- | --- |

(10)

The provisions of this Framework decision establish rules on the protection of personal data transmitted between the Member States as a result of its implementation. Existing general rules on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters are complemented by the rules established in this instrument
  , in particular the basic principles set out in Article 9
  . Furthermore, the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data applies to the personal data handled on the basis of the present Framework Decision. This Framework Decision also incorporates the provisions of the Decision of 21 November 2005 on the exchange of information extracted from the criminal records, which limit the use the requesting Member State can make of information asked for. It supplements them with specific rules applying where the Member State of the person's nationality forward conviction information transmitted to it by the convicting Member State.

Amendment 4

Proposal for a Council framework decision

Recital 10a (new)

| (10a) | In this context the adoption of a framework decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters is of paramount importance in order to provide for an adequate level of data protection, including for the processing of personal data at national level. |
| --- | --- |

(10a)

Amendment 5

Proposal for a Council framework decision

Recital 12a (new)

| (12a) | Knowledge concerning the existence of convictions and of the prohibitions arising therefrom, and also concerning the place in which these were handed down and recorded, must be provided in order to ensure that extracts from criminal records are easy to understand. Hence the Member States must establish comparable formats for extracts containing convictions, with a special section to be created for convictions relating to sexual offences. |
| --- | --- |

(12a)

Amendment 6

Proposal for a Council framework decision

Article 5 — paragraph 2

| 2. | Any alteration or deletion of information transmitted in accordance with Article 4(4) shall entail identical alteration or deletions by the Member State of the person's nationality regarding information stored in accordance with paragraph 1
  for the purpose of retransmission in accordance with Article 7. |
| --- | --- |

2.

Any alteration or deletion of information transmitted in accordance with Article 4(4) shall entail identical alteration or deletions by the Member State of the person's nationality regarding information stored in accordance with paragraph 1
  for the purpose of retransmission in accordance with Article 7.

| 2. | Any alteration or deletion of information transmitted in accordance with Article 4(4) shall entail identical alteration or deletions by the Member State of the person's nationality regarding information stored in accordance with paragraph 1. |
| --- | --- |

2.

Any alteration or deletion of information transmitted in accordance with Article 4(4) shall entail identical alteration or deletions by the Member State of the person's nationality regarding information stored in accordance with paragraph 1.

Amendment 7

Proposal for a Council framework decision

Article 5 — paragraph 3

| 3. | For the purpose of retransmission in accordance with Article 7
  the Member State of the person's nationality may only use information which has been updated in accordance with paragraph 2. |
| --- | --- |

3.

For the purpose of retransmission in accordance with Article 7
  the Member State of the person's nationality may only use information which has been updated in accordance with paragraph 2.

| 3. | The Member State of the person's nationality may only use information which has been updated in accordance with paragraph 2. |
| --- | --- |

3.

The Member State of the person's nationality may only use information which has been updated in accordance with paragraph 2.

Amendment 8

Proposal for a Council framework decision

Article 6 — paragraph 1a (new)

| 1a. | Where information is requested from the register of criminal records in the Member State of the person's nationality for any purpose outside the framework of criminal proceedings, the requesting Member State shall specify its reasons for requesting it. |
| --- | --- |

1a.

Amendment 9

Proposal for a Council framework decision

Article 6 — paragraph 2

| 2. | When a person asks for information on their own criminal record, the central authority of the Member State in which the request is made
  may
  , in accordance with national law, submit a request to the central authority of another Member State for information and related data to be extracted from the criminal record, provided the interested party is or has been a resident or a national of the requesting or requested Member State. |
| --- | --- |

2.

When a person asks for information on their own criminal record, the central authority of the Member State in which the request is made
  may
  , in accordance with national law, submit a request to the central authority of another Member State for information and related data to be extracted from the criminal record, provided the interested party is or has been a resident or a national of the requesting or requested Member State.

| 2. | When a person asks for information on his or her own criminal record, the central authority of the Member State in which the request is made
  shall
  , in accordance with national law, submit a request to the central authority of another Member State for information and related data to be extracted from the criminal record, provided the interested party is or has been a resident or a national of the requesting or requested Member State. |
| --- | --- |

2.

When a person asks for information on his or her own criminal record, the central authority of the Member State in which the request is made
  shall
  , in accordance with national law, submit a request to the central authority of another Member State for information and related data to be extracted from the criminal record, provided the interested party is or has been a resident or a national of the requesting or requested Member State.

Amendment 10

Proposal for a Council framework decision

Article 9 — paragraph - 1 (new)

| -1. | The processing of personal data for the purposes of this Framework Decision shall comply with at least the following basic principles:









  (a) | data processing shall be permitted by law, and shall be necessary and proportionate to the purposes of collection and/or further processing; |
| --- | --- | --- |

-1.

(a)

data processing shall be permitted by law, and shall be necessary and proportionate to the purposes of collection and/or further processing;

| (b) | data shall be collected only for specified and legitimate purposes and further processed in a way compatible with those purposes; |
| --- | --- |

(b)

data shall be collected only for specified and legitimate purposes and further processed in a way compatible with those purposes;

| (c) | data shall be accurate and up-to-date. |
| --- | --- |

(c)

data shall be accurate and up-to-date.

Amendment 11

Proposal for a Council framework decision

Article 9 — paragraph - 1a (new)

| - 1a. | The processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, party or trade union membership and data concerning health or sex life shall be prohibited. By way of exception, the processing of such data may be carried out if, in addition to the principles laid down in paragraph - 1:









  (a) | the processing is provided for by law, following prior authorisation by a competent judicial authority, on a case-by-case basis and is absolutely necessary for the purpose of a specific case; and |
| --- | --- | --- |

- 1a.

(a)

the processing is provided for by law, following prior authorisation by a competent judicial authority, on a case-by-case basis and is absolutely necessary for the purpose of a specific case; and

| (b) | the Member States provide for suitable specific safeguards, for example access to the data concerned only for personnel who are responsible for the performance of the legitimate task that justifies the processing. |
| --- | --- |

(b)

the Member States provide for suitable specific safeguards, for example access to the data concerned only for personnel who are responsible for the performance of the legitimate task that justifies the processing.

Amendment 12

Proposal for a Council framework decision

Article 9 — paragraph 1

| 1. | Personal data provided under Article 7(1) and (4) for the purposes of criminal proceedings may be used by the requesting Member State
  , solely
  for the purposes of the particular proceedings they were requested for, in accordance with the annexed form. |
| --- | --- |

1.

Personal data provided under Article 7(1) and (4) for the purposes of criminal proceedings may be used by the requesting Member State
  , solely
  for the purposes of the particular proceedings they were requested for, in accordance with the annexed form.

| 1. | Personal data provided under Article 7(1) and (4) for the purposes of criminal proceedings may be used by the requesting Member State
  in accordance with the principles referred to in paragraphs - 1 and - 1a and exclusively
  for the purposes of the particular proceedings they were requested for, in accordance with the annexed form. |
| --- | --- |

1.

Personal data provided under Article 7(1) and (4) for the purposes of criminal proceedings may be used by the requesting Member State
  in accordance with the principles referred to in paragraphs - 1 and - 1a and exclusively
  for the purposes of the particular proceedings they were requested for, in accordance with the annexed form.

Amendment 13

Proposal for a Council framework decision

Article 9 — paragraph 2

| 2. | Personal data provided under Article 7(2) and (4) for any purposes other than that of criminal proceedings may be used by the requesting Member State, in accordance with its national law
  , solely
  for the purposes of the particular proceedings they were requested for and within the limits set out by the requested Member State in the relevant form. |
| --- | --- |

2.

Personal data provided under Article 7(2) and (4) for any purposes other than that of criminal proceedings may be used by the requesting Member State, in accordance with its national law
  , solely
  for the purposes of the particular proceedings they were requested for and within the limits set out by the requested Member State in the relevant form.

| 2. | Personal data provided under Article 7(2) and (4) for any purposes other than that of criminal proceedings may be used by the requesting Member State, in accordance with its national law
  and with the principles referred to in paragraphs - 1 and - 1a and exclusively
  for the purposes of the particular proceedings they were requested for and within the limits set out by the requested Member State in the relevant form. |
| --- | --- |

2.

Personal data provided under Article 7(2) and (4) for any purposes other than that of criminal proceedings may be used by the requesting Member State, in accordance with its national law
  and with the principles referred to in paragraphs - 1 and - 1a and exclusively
  for the purposes of the particular proceedings they were requested for and within the limits set out by the requested Member State in the relevant form.

Amendment 14

Proposal for a Council framework decision

Article 9 — paragraph 3

| 3. | Notwithstanding paragraphs 1 and 2, personal data provided under Article 7(1), (2) and (4) may be used by the requesting Member State for preventing an immediate and serious threat to public security. |
| --- | --- |

3.

Notwithstanding paragraphs 1 and 2, personal data provided under Article 7(1), (2) and (4) may be used by the requesting Member State for preventing an immediate and serious threat to public security.

| 3. | Notwithstanding paragraphs 1 and 2, personal data provided under Article 7(1), (2) and (4) may be used by the requesting Member State
  if such use is necessary and proportionate for the purpose of
  preventing an immediate and serious threat to public security;
  in such a case, the requesting Member State shall provide the requested Member State with an ex post notification setting out the fulfilment of the conditions of necessity, proportionality, urgency and seriousness of the threat. |
| --- | --- |

3.

Notwithstanding paragraphs 1 and 2, personal data provided under Article 7(1), (2) and (4) may be used by the requesting Member State
  if such use is necessary and proportionate for the purpose of
  preventing an immediate and serious threat to public security;
  in such a case, the requesting Member State shall provide the requested Member State with an ex post notification setting out the fulfilment of the conditions of necessity, proportionality, urgency and seriousness of the threat.

Amendment 15

Proposal for a Council framework decision

Article 9 — paragraph 4

| 4. | Member States shall take the necessary measures to ensure that personal data received from another Member State under Article 4, if transmitted to a third State in accordance with Article 7 paragraph 3, are subject to the same usage restrictions as those applicable in a requesting Member State according to paragraphs 2 of this Article. Member States shall specify that personal data, if transmitted to a third State for the purpose of a criminal proceeding, may be further used by that State only for the purposes of criminal proceedings. |
| --- | --- |

4.

Member States shall take the necessary measures to ensure that personal data received from another Member State under Article 4, if transmitted to a third State in accordance with Article 7 paragraph 3, are subject to the same usage restrictions as those applicable in a requesting Member State according to paragraphs 2 of this Article. Member States shall specify that personal data, if transmitted to a third State for the purpose of a criminal proceeding, may be further used by that State only for the purposes of criminal proceedings.

| 4. | In addition,
  Member States shall take the necessary measures to ensure that personal data received from another Member State under Article 4, if transmitted to a third State in accordance with Article 7 paragraph 3, are subject to the same usage restrictions as those applicable in a requesting Member State according to paragraphs 2 of this Article. Member States shall specify that personal data, if transmitted to a third State for the purpose of a criminal proceeding, may be further used by that State only for the purposes of criminal proceedings. |
| --- | --- |

4.

In addition,
  Member States shall take the necessary measures to ensure that personal data received from another Member State under Article 4, if transmitted to a third State in accordance with Article 7 paragraph 3, are subject to the same usage restrictions as those applicable in a requesting Member State according to paragraphs 2 of this Article. Member States shall specify that personal data, if transmitted to a third State for the purpose of a criminal proceeding, may be further used by that State only for the purposes of criminal proceedings.

Amendment 16

Proposal for a Council framework decision

Article 9 — paragraph 5

| 5. | This article does
  not apply to personal data obtained by a Member State under this Framework Decision and originating from that Member State. |
| --- | --- |

5.

This article does
  not apply to personal data obtained by a Member State under this Framework Decision and originating from that Member State.

| 5. | Paragraphs 1 to 4 shall
  not apply to personal data obtained by a Member State under this Framework Decision and originating from that Member State. |
| --- | --- |

5.

Paragraphs 1 to 4 shall
  not apply to personal data obtained by a Member State under this Framework Decision and originating from that Member State.

Amendment 17

Proposal for a Council framework decision

Article 9 — paragraph 5a (new)

| 5a. | Each Member State shall ensure that its national data protection authorities are systematically informed of the exchange of personal data under this Framework Decision and, in particular, of the use of personal data in the circumstances referred to in Article 9(3).



  The Member States’ data protection authorities shall monitor the exchange referred to in paragraph 1 and cooperate with one another for that purpose. |
| --- | --- |

5a.

The Member States’ data protection authorities shall monitor the exchange referred to in paragraph 1 and cooperate with one another for that purpose.

Amendment 18

Proposal for a Council framework decision

Article 9a (new)

Article 9a

Rights of the data subject

1.
     
  A data subject shall be informed of the fact that personal data concerning him or her are being processed.

The provision of that information shall be delayed when necessary in order not to hamper the purposes for which the data are being processed.

2.
     
  A data subject shall have the right to obtain without undue delay the information as to which data are being processed in a language which he or she understands, as well as to rectify and, where appropriate, erase data processed in breach of the principles referred to in Article 9(- 1) and (- 1a).

3.
     
  The information referred to in paragraph 1 may be refused or delayed if strictly necessary in order:

| (a) | to protect security and public order; |
| --- | --- |

(a)

to protect security and public order;

| (b) | to prevent a crime; |
| --- | --- |

(b)

to prevent a crime;

| (c) | not to hamper the investigation and prosecution of criminal offences; |
| --- | --- |

(c)

not to hamper the investigation and prosecution of criminal offences;

| (d) | to protect the rights and guarantees of third parties. |
| --- | --- |

(d)

to protect the rights and guarantees of third parties.

Amendment 19

Proposal for a Council framework decision

Article 11 — paragraph 1 — point a — point iva (new)

| (iva) | information on disqualifications arising from a criminal conviction, |
| --- | --- |

(iva)

Amendment 20

Proposal for a Council framework decision

Article 11 — paragraph 1 — point b — point iv

| (iv) | information on disqualifications arising from a criminal conviction, |
| --- | --- |

(iv)

deleted

---

(1)  Texts Adopted, P6_TA(2007)0279.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/76 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/76

---

Tuesday 17 June 2008Protection of the euro against counterfeiting *

P6_TA(2008)0280

European Parliament legislative resolution of 17 June 2008 on the proposal for a Council regulation amending Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting (COM(2007)0525 — C6-0431/2007 — 2007/0192(CNS))

2009/C 286 E/32

(Consultation procedure)

The European Parliament,

having regard to the Commission proposal to the Council (COM(2007)0525),

having regard to Article 123(4) of the EC Treaty, in particular the third sentence, pursuant to which the Council consulted Parliament (C6-0431/2007),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Economic and Monetary Affairs (A6-0230/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 5. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and the Commission.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS |
| --- | --- |
| Amendment 1 |
| Proposal for a regulation — amending act


  Recital 2 |
| (2) | It is important to ensure that circulating euro notes and coins are authentic. Procedures are now available which enable credit institutions and other related institutions to check authenticity of the euro notes and coins they receive before they put them back into circulation. In order to comply with the obligation to check authenticity and to implement those procedures, these institutions need time to adapt their internal functioning. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS

Amendment 1

Proposal for a regulation — amending act

Recital 2

(2)

It is important to ensure that circulating euro notes and coins are authentic. Procedures are now available which enable credit institutions and other related institutions to check authenticity of the euro notes and coins they receive before they put them back into circulation. In order to comply with the obligation to check authenticity and to implement those procedures, these institutions need time to adapt their internal functioning.

| (2) | It is important to ensure that circulating euro notes and coins are authentic. Procedures are now available which enable credit institutions and other related institutions to check
  the
  authenticity
  and fitness for circulation
  of the euro notes and coins they receive before they put them back into circulation. In order to comply with the obligation to check authenticity
  and fitness for circulation,
  and to implement those procedures, these institutions need time to adapt their internal functioning. |
| --- | --- |

(2)

It is important to ensure that circulating euro notes and coins are authentic. Procedures are now available which enable credit institutions and other related institutions to check
  the
  authenticity
  and fitness for circulation
  of the euro notes and coins they receive before they put them back into circulation. In order to comply with the obligation to check authenticity
  and fitness for circulation,
  and to implement those procedures, these institutions need time to adapt their internal functioning.

Amendment 2

Proposal for a regulation — amending act

Recital 2a (new)

| (2a) | Small and medium-sized traders lack sufficient resources to carry out checks in accordance with the procedures laid down by the European Central Bank and by the Commission. They should be required to act with due diligence by withdrawing from circulation any euro notes and coins received by them which they know or have sufficient reason to believe to be counterfeit. |
| --- | --- |

(2a)

Amendment 3

Proposal for a regulation — amending act

Recital 2b (new)

| (2b) | In order to ensure that credit institutions and other related institutions are able to comply with the obligation to check euro notes and coins for authenticity and fitness for circulation, technical procedures and standards for such checking should be defined. Article 106(1) of the EC Treaty assigns competence to define such standards for euro notes to the European Central Bank. With regard to euro coins, related competences have been conferred on the Commission pursuant to Article 211 of the EC Treaty. |
| --- | --- |

(2b)

Amendment 4

Proposal for a regulation — amending act

Recital 3

| (3) | Appropriate adjustment of equipment is a prerequisite for checking the authenticity of euro notes and coins. In order to adjust the equipment used for the checks for authenticity it is essential that the necessary quantities of counterfeit notes and coins are available at the places where testing is conducted. It is, therefore,
  important
  to permit the transport of counterfeits amongst competent national authorities as well as institutions and bodies of the European Union. |
| --- | --- |

(3)

Appropriate adjustment of equipment is a prerequisite for checking the authenticity of euro notes and coins. In order to adjust the equipment used for the checks for authenticity it is essential that the necessary quantities of counterfeit notes and coins are available at the places where testing is conducted. It is, therefore,
  important
  to permit the transport of counterfeits amongst competent national authorities as well as institutions and bodies of the European Union.

| (3) | Appropriate adjustment of equipment is a prerequisite for checking the authenticity of euro notes and coins. In order to adjust the equipment used for the checks for authenticity it is essential that the necessary quantities of counterfeit notes and coins are available at the places where testing is conducted. It is, therefore,
  necessary
  to permit the
  delivery and
  transport of counterfeits amongst competent national authorities as well as institutions and bodies of the European Union. |
| --- | --- |

(3)

Appropriate adjustment of equipment is a prerequisite for checking the authenticity of euro notes and coins. In order to adjust the equipment used for the checks for authenticity it is essential that the necessary quantities of counterfeit notes and coins are available at the places where testing is conducted. It is, therefore,
  necessary
  to permit the
  delivery and
  transport of counterfeits amongst competent national authorities as well as institutions and bodies of the European Union.

Amendment 5

Proposal for a regulation — amending act

Recital 3a (new)

| (3a) | The authenticity of euros must be guaranteed throughout the European Union, including in those Member States which do not belong to the euro area and those in which euros are used as a transaction currency. |
| --- | --- |

(3a)

Amendment 6

Proposal for a regulation — amending act

Article 1 — point - 1 (new)

Regulation (EC) No 1338/2001

Article 2 — point da (new)

| - 1. | The following point shall be inserted in Article 2:









  (da) | ‘other institutions’ shall mean any economic institutions or agents engaged in the sorting and distribution to the public of euro notes and coins, either directly or via cash distribution machines; this definition shall include bureaux de change, large shopping centres and casinos; |
| --- | --- | --- |

- 1.

(da)

‘other institutions’ shall mean any economic institutions or agents engaged in the sorting and distribution to the public of euro notes and coins, either directly or via cash distribution machines; this definition shall include bureaux de change, large shopping centres and casinos;

Amendment 7

Proposal for a regulation — amending act

Article 1 — point - 1a (new)

Regulation (EC) No 1338/2001

Article 2 — point db (new)

| - 1a. | The following point shall be inserted in Article 2:









  (db) | ‘small and medium-sized trader’ shall mean a retailer operating on small or medium-sized premises and serving the end consumer who is not involved in the sorting and distribution to the public of euro notes and coins other than in the routine handing-over of change; |
| --- | --- | --- |

- 1a.

(db)

‘small and medium-sized trader’ shall mean a retailer operating on small or medium-sized premises and serving the end consumer who is not involved in the sorting and distribution to the public of euro notes and coins other than in the routine handing-over of change;

Amendment 8

Proposal for a regulation — amending act

Article 1 — point 1 — point b

Regulation (EC) No 1338/2001

Article 4 — paragraph 2 — subparagraph 1a (new)

| (b) | at the end of paragraph 2 the following sentence is added:
  For the purpose of facilitating the control for authenticity of circulating euro notes, the transport
  of counterfeit notes
  amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted. |
| --- | --- |

(b)

at the end of paragraph 2 the following sentence is added:

For the purpose of facilitating the control for authenticity of circulating euro notes, the transport
  of counterfeit notes
  amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted.

| (b) | in paragraph 2 the following subparagraph is added:
  For the purpose of facilitating the control for authenticity of circulating euro notes
  and when the quantity seized so permits, an adequate number of counterfeit euro notes (even when these constitute evidence in criminal proceedings) shall be transmitted to the competent national bodies, and
  the transport
  thereof
  amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted. |
| --- | --- |

(b)

in paragraph 2 the following subparagraph is added:

For the purpose of facilitating the control for authenticity of circulating euro notes
  and when the quantity seized so permits, an adequate number of counterfeit euro notes (even when these constitute evidence in criminal proceedings) shall be transmitted to the competent national bodies, and
  the transport
  thereof
  amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted.

Amendment 10

Proposal for a regulation — amending act

Article 1 — point 2 — point b

Regulation (EC) No 1338/2001

Article 5 — paragraph 2 — subparagraph 2a (new)

| (b) | at the end of paragraph 2 the following sentence is added:
  For the purpose of facilitating the control for authenticity of circulating euro coins, the transport
  of counterfeit coins
  amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted. |
| --- | --- |

(b)

at the end of paragraph 2 the following sentence is added:

For the purpose of facilitating the control for authenticity of circulating euro coins, the transport
  of counterfeit coins
  amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted.

| (b) | in paragraph 2 the following subparagraph is added:
  For the purpose of facilitating the control for authenticity of circulating euro coins
  and when the quantity seized so permits, an adequate number of counterfeit euro coins (even when these constitute evidence in criminal proceedings) shall be transmitted to the competent national bodies, and
  the transport
  thereof
  amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted. |
| --- | --- |

(b)

in paragraph 2 the following subparagraph is added:

For the purpose of facilitating the control for authenticity of circulating euro coins
  and when the quantity seized so permits, an adequate number of counterfeit euro coins (even when these constitute evidence in criminal proceedings) shall be transmitted to the competent national bodies, and
  the transport
  thereof
  amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted.

Amendment 11

Proposal for a regulation — amending act

Article 1 — point 3 — point a

Regulation (EC) No 1338/2001

Article 6 — paragraph 1

| 1. | Credit institutions, and any other
  institutions
  engaged in the sorting and distribution to the public of notes and coins
  as a professional activity,
  including establishments whose activity consists in exchanging notes and coins of different currencies, such as bureaux de change, shall be obliged to ensure that euro notes and coins which they have received and which they intend to put back into circulation are checked for authenticity and counterfeits are detected. This verification shall be carried out in line with procedures to be defined by the European Central Bank and the Commission for euro notes and coins respectively. |
| --- | --- |

1.

Credit institutions, and any other
  institutions
  engaged in the sorting and distribution to the public of notes and coins
  as a professional activity,
  including establishments whose activity consists in exchanging notes and coins of different currencies, such as bureaux de change, shall be obliged to ensure that euro notes and coins which they have received and which they intend to put back into circulation are checked for authenticity and counterfeits are detected. This verification shall be carried out in line with procedures to be defined by the European Central Bank and the Commission for euro notes and coins respectively.

| 1. | Credit institutions,
  cash transporters
  and any other
  economic agents
  engaged in the sorting and distribution to the public of notes and coins, including establishments whose
  professional
  activity consists in exchanging notes and coins of different currencies, such as bureaux de change,
  and economic agents engaged, as a subsidiary activity, in the sorting and distribution of notes to the public by means of automated teller machines,
  shall be obliged to ensure that euro notes and coins which they have received and which they intend to put back into circulation are checked for authenticity
  and fitness for circulation
  and counterfeits are detected.
  Cash transporters shall be required to verify the authenticity of euro notes and coins only where they have direct access to the euro notes and coins which are entrusted to them.
  This verification
  of authenticity and fitness for circulation
  shall be carried out in line with procedures to be defined by the European Central Bank and the Commission for euro notes and coins respectively
  , in accordance with those institutions’ respective competences and taking into account the particular features of euro notes and coins
  .


  In those Member States other than the participating Member States listed in Regulation (EC) No 974/98, a specific control procedure shall be laid down for the purpose of checking the authenticity of euro notes and coins used by the institutions referred to in the first subparagraph. |
| --- | --- |

1.

Credit institutions,
  cash transporters
  and any other
  economic agents
  engaged in the sorting and distribution to the public of notes and coins, including establishments whose
  professional
  activity consists in exchanging notes and coins of different currencies, such as bureaux de change,
  and economic agents engaged, as a subsidiary activity, in the sorting and distribution of notes to the public by means of automated teller machines,
  shall be obliged to ensure that euro notes and coins which they have received and which they intend to put back into circulation are checked for authenticity
  and fitness for circulation
  and counterfeits are detected.
  Cash transporters shall be required to verify the authenticity of euro notes and coins only where they have direct access to the euro notes and coins which are entrusted to them.
  This verification
  of authenticity and fitness for circulation
  shall be carried out in line with procedures to be defined by the European Central Bank and the Commission for euro notes and coins respectively
  , in accordance with those institutions’ respective competences and taking into account the particular features of euro notes and coins
  .

In those Member States other than the participating Member States listed in Regulation (EC) No 974/98, a specific control procedure shall be laid down for the purpose of checking the authenticity of euro notes and coins used by the institutions referred to in the first subparagraph.

The institutions referred to in the first subparagraph shall be obliged to withdraw from circulation all euro notes and coins received by them which they know or have sufficient reason to believe to be counterfeit. They shall immediately hand them over to the competent national authorities.

The
  credit
  institutions
  and other economic agents
  referred to in the first subparagraph
  and small and medium-sized traders
  shall be obliged to withdraw from circulation all euro notes and coins received by them which they know or have sufficient reason to believe to be counterfeit. They shall immediately hand them over to the competent national authorities.

Amendment 12

Proposal for a regulation — amending act

Article 1 — point 3 — point b

Regulation (EC) No 1338/2001

Article 6 — paragraph 3

By way of derogation from the first subparagraph of paragraph 3, the laws, regulations and administrative provisions for applying the first subparagraph of paragraph 1 of this Article shall be adopted by
  31 December 2009
  at the latest. They shall forthwith inform the Commission and the European Central Bank thereof.

By way of derogation from the first subparagraph of paragraph 3, the laws, regulations and administrative provisions for applying the first subparagraph of paragraph 1 of this Article shall be adopted by
  31 December 2011
  at the latest. They shall forthwith inform the Commission and the European Central Bank thereof.

Amendment 13

Proposal for a regulation — amending act

Article 1 — point 3 a (new)

Regulation (EC) No 1338/2001

Article 7 — paragraph 2 — indent 3a (new)

| 3a. | The following indent shall be added to Article 7(2):







  — | devising and promoting training and information activities, such as information booklets and training seminars, for citizens and consumers concerning the risks posed by counterfeiting, the basic security measures incorporated into euro notes and coins and the appropriate authorities to be contacted by those who come into possession of suspected counterfeit notes and/or coins. Furthermore, financial institutions and any other institution involved in the sorting and distribution to the public of notes and coins as a professional activity, including establishments whose activity consists in exchanging notes and coins of different currencies, such as bureaux de change, shall display and make available to consumers information booklets (supplied by the relevant national authorities, the Commission and the European Central Bank) dealing with the abovementioned risks, measures and authorities. |
| --- | --- | --- |

3a.

—

devising and promoting training and information activities, such as information booklets and training seminars, for citizens and consumers concerning the risks posed by counterfeiting, the basic security measures incorporated into euro notes and coins and the appropriate authorities to be contacted by those who come into possession of suspected counterfeit notes and/or coins. Furthermore, financial institutions and any other institution involved in the sorting and distribution to the public of notes and coins as a professional activity, including establishments whose activity consists in exchanging notes and coins of different currencies, such as bureaux de change, shall display and make available to consumers information booklets (supplied by the relevant national authorities, the Commission and the European Central Bank) dealing with the abovementioned risks, measures and authorities.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/80 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/80

---

Tuesday 17 June 2008Amendment of the Rules of Procedure of the Court of Justice to specify the language rules which are to apply to the review procedure *

P6_TA(2008)0281

European Parliament legislative resolution of 17 June 2008 on the draft Council decision amending the Rules of Procedure of the Court of Justice to specify the language rules which are to apply to the review procedure (5953/2008 — C6-0066/2008 — 2008/0801(CNS))

2009/C 286 E/33

(Consultation procedure)

The European Parliament,

having regard to the draft Council decision (5953/2008),

having regard to Article 245, second paragraph, of the EC Treaty and Article 160, second paragraph, of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0066/2008),

having regard to the Commission opinion under the second paragraph of Article 245 of the EC Treaty and the second paragraph of Article 160 of the Euratom Treaty regarding the request to amend the Rules of Procedure of the Court of Justice on the language arrangements applicable to the review procedure, submitted by the Court in accordance with Article 64 of the Statute of the Court of Justice (SEC(2008)0345),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A6-0211/2008),

| 1. | Approves the draft Council decision; |
| --- | --- |

1.

Approves the draft Council decision;

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

2.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 3. | Asks the Council to consult Parliament again if it intends to amend the text submitted for consultation substantially; |
| --- | --- |

3.

Asks the Council to consult Parliament again if it intends to amend the text submitted for consultation substantially;

| 4. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

4.

Instructs its President to forward its position to the Council and the Commission.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/81 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/81

---

Tuesday 17 June 2008Revision of the framework directive on waste ***II

P6_TA(2008)0282

European Parliament legislative resolution of 17 June 2008 on the Council common position with a view to the adoption of a directive of the European Parliament and of the Council on waste and repealing certain Directives (11406/4/2007 — C6-0056/2008 — 2005/0281(COD))

2009/C 286 E/34

(Codecision procedure: second reading)

The European Parliament,

having regard to the Council common position (11406/4/2007 — C6-0056/2008),

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2005)0667),

having regard to Article 251(2) of the EC Treaty,

having regard to Rule 62 of its Rules of Procedure,

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0162/2008),

| 1. | Approves the common position as amended; |
| --- | --- |

1.

Approves the common position as amended;

| 2. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and Commission.

---

(1)  OJ C 287 E, 29.11.2007, p. 135.

---

Tuesday 17 June 2008P6_TC2-COD(2005)0281

Position of the European Parliament adopted at second reading on 17 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on waste and repealing certain Directives

(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Directive 2008/98/EC.)

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/82 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/82

---

Tuesday 17 June 2008Environmental quality standards in the field of water policy ***II

P6_TA(2008)0283

European Parliament legislative resolution of 17 June 2008 on the Council common position with a view to the adoption of a directive of the European Parliament and of the Council on environmental quality standards in the field of water policy and amending Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and 2000/60/EC (11486/3/2007 — C6-0055/2008 — 2006/0129(COD))

2009/C 286 E/35

(Codecision procedure: second reading)

The European Parliament,

having regard to the Council common position (1) (11486/3/2007 — C6-0055/2008),

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2006)0397),

having regard to Article 251(2) of the EC Treaty,

having regard to Rule 62 of its Rules of Procedure,

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0192/2008),

| 1. | Approves the common position as amended; |
| --- | --- |

1.

Approves the common position as amended;

| 2. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and Commission.

---

(1)  OJ C 71 E, 18.3.2008, p. 1.

(2)  OJ C 102 E, 24.4.2008, p. 90.

---

Tuesday 17 June 2008P6_TC2-COD(2006)0129

Position of the European Parliament adopted at second reading on 17 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on environmental quality standards in the field of water policy, amending and subsequently repealing Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC

(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Directive 2008/105/EC.)

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/83 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/83

---

Tuesday 17 June 2008Minimum level of training of seafarers (recast) ***I

P6_TA(2008)0284

European Parliament legislative resolution of 17 June 2008 on the proposal for a directive of the European Parliament and of the Council on the minimum level of training of seafarers (recast) (COM(2007)0610 — C6-0348/2007 — 2007/0219(COD))

2009/C 286 E/36

(Codecision procedure — recast)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0610),

having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0348/2007),

having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1),

having regard to the letter of 24 January 2008 by the Committee on Legal Affairs to the Committee on Transport and Tourism in accordance with Rule 80a(3) of its Rules of Procedure,

having regard to Rules 80a and 51 of its Rules of Procedure,

having regard to the report of the Committee on Transport and Tourism (A6-0178/2008),

| A. | whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the Commission proposal as amended hereunder and as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as amended hereunder and as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

(1)  OJ C 77, 28.3.2002, p. 1.

---

Tuesday 17 June 2008P6_TC1-COD(2007)0219

Position of the European Parliament adopted at first reading on 17 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on the minimum level of training of seafarers (Recast)

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2008/106/EC.)

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/84 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/84

---

Tuesday 17 June 2008Establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin ***I

P6_TA(2008)0285

European Parliament legislative resolution of 17 June 2008 on the proposal for a regulation of the European Parliament and of the Council laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, and repealing Regulation (EEC) No 2377/90 (COM(2007)0194 — C6-0113/2007 — 2007/0064(COD))

2009/C 286 E/37

(Codecision procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0194),

having regard to Article 251(2) and Articles 37 and 152(4)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0113/2007),

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

having regard to Rules 51 and 35 of its Rules of Procedure,

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Agriculture and Rural Development (A6-0190/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

Tuesday 17 June 2008P6_TC1-COD(2007)0064

Position of the European Parliament adopted at first reading on 17 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, and repealing Regulation (EEC) No 2377/90

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular ▐ Article 152(4)(b) thereof,

Having regard to the proposal from the Commission ║,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure referred to in Article 251 of the Treaty (3),

Whereas:

| (1) | As a result of scientific and technical progress it is possible to detect the presence of residues of veterinary medicines in foodstuffs at ever lower levels. |
| --- | --- |

(1)

As a result of scientific and technical progress it is possible to detect the presence of residues of veterinary medicines in foodstuffs at ever lower levels.

| (2) | Despite the existence of the procedure laid down in Articles 10 and 11 of Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (4) (the ‘cascade’ procedure) to enable the treatment of animals where there is no suitable veterinary medicine authorised, there remain many unmet therapeutic needs for veterinary medicinal products in the European Union. There is an urgent need to address this challenge through a fundamental review of the legislation governing the authorisation of veterinary medicines. Such a review should balance innovation and the competitiveness of the animal health industry with the regulatory requirements. Special attention needs to be paid to the authorisation of generic veterinary medicines where data exclusivity waivers from the safety and efficacy standards do not apply to the requirements for the environmental impact studies. Particular care must also be taken to cater for the specificities of the animal health sector in the EU, as it is a multi-species, complex, and often limited market which is nonetheless vital to the realisation of the potential of the agriculture, apiculture, aquaculture and bloodstock sectors and to the security of the EU food supplies. |
| --- | --- |

(2)

Despite the existence of the procedure laid down in Articles 10 and 11 of Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (4) (the ‘cascade’ procedure) to enable the treatment of animals where there is no suitable veterinary medicine authorised, there remain many unmet therapeutic needs for veterinary medicinal products in the European Union. There is an urgent need to address this challenge through a fundamental review of the legislation governing the authorisation of veterinary medicines. Such a review should balance innovation and the competitiveness of the animal health industry with the regulatory requirements. Special attention needs to be paid to the authorisation of generic veterinary medicines where data exclusivity waivers from the safety and efficacy standards do not apply to the requirements for the environmental impact studies. Particular care must also be taken to cater for the specificities of the animal health sector in the EU, as it is a multi-species, complex, and often limited market which is nonetheless vital to the realisation of the potential of the agriculture, apiculture, aquaculture and bloodstock sectors and to the security of the EU food supplies.

| (3) | In order to protect public health, maximum residue limits should be established in accordance with generally recognised principles of safety assessment, taking into account toxicological risks, environmental contamination, as well as unintended microbiological and pharmacological effects of residues. Other scientific assessments of the safety of substances concerned which may have been undertaken by international organisations or scientific committees established within the Community should also be taken into account. |
| --- | --- |

(3)

In order to protect public health, maximum residue limits should be established in accordance with generally recognised principles of safety assessment, taking into account toxicological risks, environmental contamination, as well as unintended microbiological and pharmacological effects of residues. Other scientific assessments of the safety of substances concerned which may have been undertaken by international organisations or scientific committees established within the Community should also be taken into account.

| (4) | It is necessary to establish maximum residue limits for pharmacologically active substances in respect of various foodstuffs of animal origin, including meat, fish, milk, eggs and honey. |
| --- | --- |

(4)

It is necessary to establish maximum residue limits for pharmacologically active substances in respect of various foodstuffs of animal origin, including meat, fish, milk, eggs and honey.

| (5) | Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (5) introduced Community procedures to evaluate the safety of residues of pharmacologically active substances according to human food safety requirements. A pharmacologically active substance may be used in food-producing animals only if evaluated favourably. Maximum residue limits are established for such a substance if that is considered necessary for the protection of human health. |
| --- | --- |

(5)

Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (5) introduced Community procedures to evaluate the safety of residues of pharmacologically active substances according to human food safety requirements. A pharmacologically active substance may be used in food-producing animals only if evaluated favourably. Maximum residue limits are established for such a substance if that is considered necessary for the protection of human health.

| (6) | Directive 2001/82/EC ║ provides that veterinary medicinal products may be authorised or used in food-producing animals only if pharmacologically active substances contained therein have been assessed as safe according to Regulation (EEC) No 2377/90. Moreover it contains rules concerning the documentation of use, re-designation (‘off label use’), prescription and distribution of veterinary medicinal products intended for use in food-producing animals. |
| --- | --- |

(6)

Directive 2001/82/EC ║ provides that veterinary medicinal products may be authorised or used in food-producing animals only if pharmacologically active substances contained therein have been assessed as safe according to Regulation (EEC) No 2377/90. Moreover it contains rules concerning the documentation of use, re-designation (‘off label use’), prescription and distribution of veterinary medicinal products intended for use in food-producing animals.

| (7) | In the light of the
  European Parliament's resolution of 3 May 2001

   (6)

  on the availability of veterinary medicinal products, the
  Commission's public consultation undertaken in 2004 and the Commission's assessment of the experience gained, it has proved necessary to modify the procedures for setting maximum residue limits while maintaining the overall system for setting such limits. |
| --- | --- |

(7)

In the light of the
  European Parliament's resolution of 3 May 2001

   (6)

  on the availability of veterinary medicinal products, the
  Commission's public consultation undertaken in 2004 and the Commission's assessment of the experience gained, it has proved necessary to modify the procedures for setting maximum residue limits while maintaining the overall system for setting such limits.

| (8) | Maximum residue limits are the points of reference for the establishment, in accordance with Directive 2001/82/EC, of withdrawal periods in marketing authorisations for veterinary medicinal products to be used in food-producing animals as well as for the control of residues in food of animal origin in the Member States and at border inspection posts. |
| --- | --- |

(8)

Maximum residue limits are the points of reference for the establishment, in accordance with Directive 2001/82/EC, of withdrawal periods in marketing authorisations for veterinary medicinal products to be used in food-producing animals as well as for the control of residues in food of animal origin in the Member States and at border inspection posts.

| (9) | Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists ║ (7) prohibits the use of certain substances for specific purposes in food-producing animals. This regulation should apply without prejudice to any Community legislation prohibiting the use in food-producing animals of certain substances having a hormonal action. |
| --- | --- |

(9)

Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists ║ (7) prohibits the use of certain substances for specific purposes in food-producing animals. This regulation should apply without prejudice to any Community legislation prohibiting the use in food-producing animals of certain substances having a hormonal action.

| (10) | Council Regulation (EEC) No 315/93 ║ of 8 February 1993 laying down community procedures for contaminants in food (8) lays down specific rules for substances not resulting from intentional administration. Those substances should not be subject to the legislation on maximum residue limits. |
| --- | --- |

(10)

Council Regulation (EEC) No 315/93 ║ of 8 February 1993 laying down community procedures for contaminants in food (8) lays down specific rules for substances not resulting from intentional administration. Those substances should not be subject to the legislation on maximum residue limits.

| (11) | Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (9) lays down the framework for food legislation on a Community level and provides for definitions in that area. It is appropriate that those definitions should apply for the purposes of the legislation on maximum residue limits. |
| --- | --- |

(11)

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (9) lays down the framework for food legislation on a Community level and provides for definitions in that area. It is appropriate that those definitions should apply for the purposes of the legislation on maximum residue limits.

| (12) | Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (10) lays down general rules for the control of food in the European Community and provides for definitions in that area. It is appropriate that those definitions should apply for the purposes of the legislation on maximum residue limits.
  Priority should be given to the detection of the use of prohibited substances and part of the samples should be selected according to risk analysis principles
  . |
| --- | --- |

(12)

Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (10) lays down general rules for the control of food in the European Community and provides for definitions in that area. It is appropriate that those definitions should apply for the purposes of the legislation on maximum residue limits.
  Priority should be given to the detection of the use of prohibited substances and part of the samples should be selected according to risk analysis principles
  .

| (13) | Article 57 of Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (11) entrusts to the European Medicines Agency, hereinafter ‘the Agency’, the task of advising on the maximum limits for residues of veterinary medicinal products which may be accepted in food of animal origin. |
| --- | --- |

(13)

Article 57 of Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (11) entrusts to the European Medicines Agency, hereinafter ‘the Agency’, the task of advising on the maximum limits for residues of veterinary medicinal products which may be accepted in food of animal origin.

| (14) | Maximum residue limits should be set for pharmacologically active substances used or intended to be used in veterinary medicinal products placed on the market in the Community. |
| --- | --- |

(14)

Maximum residue limits should be set for pharmacologically active substances used or intended to be used in veterinary medicinal products placed on the market in the Community.

| (15) | It appears from the public consultation and from the fact that only a small number of veterinary medicinal products for food-producing animals have been authorised in recent years that the obligation to comply with Regulation (EEC) No 2377/90 has meant that such medicinal products have been less readily available. |
| --- | --- |

(15)

It appears from the public consultation and from the fact that only a small number of veterinary medicinal products for food-producing animals have been authorised in recent years that the obligation to comply with Regulation (EEC) No 2377/90 has meant that such medicinal products have been less readily available.

| (16) | In order to ensure animal health and animal welfare, it is necessary that medicinal products are available to treat specific disease conditions. Furthermore, the lack of availability of appropriate veterinary medicinal products for a specific treatment for a specific species may contribute to the misuse or illegal use of substances. |
| --- | --- |

(16)

In order to ensure animal health and animal welfare, it is necessary that medicinal products are available to treat specific disease conditions. Furthermore, the lack of availability of appropriate veterinary medicinal products for a specific treatment for a specific species may contribute to the misuse or illegal use of substances.

| (17) | The system established by Regulation (EEC) No 2377/90 should therefore be modified with a view to increasing the availability of veterinary medicinal products for food-producing animals. In order to serve that objective, provision should be made for the systematic consideration by the Agency of the use of a maximum residue limit established for one species or foodstuff for another species or another foodstuff.
  In this respect, the adequacy of the safety factors already inherent in the system should be taken into account in order to ensure that animal welfare is not compromised
  .
  ▐ |
| --- | --- |

(17)

The system established by Regulation (EEC) No 2377/90 should therefore be modified with a view to increasing the availability of veterinary medicinal products for food-producing animals. In order to serve that objective, provision should be made for the systematic consideration by the Agency of the use of a maximum residue limit established for one species or foodstuff for another species or another foodstuff.
  In this respect, the adequacy of the safety factors already inherent in the system should be taken into account in order to ensure that animal welfare is not compromised
  .

▐

| (18) | It is recognised that, in certain cases, scientific risk assessment alone cannot provide all the information on which a risk management decision should be based and that other factors relevant to the matter under consideration should legitimately be taken into account including technological aspects of food production and the feasibility of controls. The Agency should therefore provide an opinion on the scientific risk assessment and risk management recommendations on residues of pharmacologically active substances. |
| --- | --- |

(18)

It is recognised that, in certain cases, scientific risk assessment alone cannot provide all the information on which a risk management decision should be based and that other factors relevant to the matter under consideration should legitimately be taken into account including technological aspects of food production and the feasibility of controls. The Agency should therefore provide an opinion on the scientific risk assessment and risk management recommendations on residues of pharmacologically active substances.

| (19) | Detailed rules on the format and content of applications for the establishment of maximum residue limits and on methodological principles of risk assessment and risk management recommendations are necessary for the smooth functioning of the overall framework of maximum residue limits. |
| --- | --- |

(19)

Detailed rules on the format and content of applications for the establishment of maximum residue limits and on methodological principles of risk assessment and risk management recommendations are necessary for the smooth functioning of the overall framework of maximum residue limits.

| (20) | Besides veterinary medicines, other products which are not subject to specific legislation on residues are used in animal husbandry, such as disinfectants. Further, veterinary medicinal products not having a marketing authorisation in the Community may be authorised in countries outside the Community. That may be because in other regions different diseases or target species are more prevalent or because companies have chosen not to market a product in the Community. The fact that a product is not authorised in the Community does not necessarily indicate that its use is unsafe. For the pharmacologically active substances of such products, the Commission should be enabled to set a maximum residue limit for food, following an opinion by the Agency in accordance with the principles set for pharmacologically active substances intended for use in veterinary medicinal products. |
| --- | --- |

(20)

Besides veterinary medicines, other products which are not subject to specific legislation on residues are used in animal husbandry, such as disinfectants. Further, veterinary medicinal products not having a marketing authorisation in the Community may be authorised in countries outside the Community. That may be because in other regions different diseases or target species are more prevalent or because companies have chosen not to market a product in the Community. The fact that a product is not authorised in the Community does not necessarily indicate that its use is unsafe. For the pharmacologically active substances of such products, the Commission should be enabled to set a maximum residue limit for food, following an opinion by the Agency in accordance with the principles set for pharmacologically active substances intended for use in veterinary medicinal products.

| (21) | The Community contributes in the context of the Codex Alimentarius to the development of international standards on maximum residue limits, while ensuring that the high level of human health protection maintained in the Community is not reduced. The Community should therefore take over without a further risk assessment those Codex maximum residue limits it has supported in the relevant Codex Alimentarius Commission meeting. Consistency between international standards and Community legislation on residue limits in food will thereby be further enhanced. |
| --- | --- |

(21)

The Community contributes in the context of the Codex Alimentarius to the development of international standards on maximum residue limits, while ensuring that the high level of human health protection maintained in the Community is not reduced. The Community should therefore take over without a further risk assessment those Codex maximum residue limits it has supported in the relevant Codex Alimentarius Commission meeting. Consistency between international standards and Community legislation on residue limits in food will thereby be further enhanced.

| (22) | Foodstuffs are subject to controls on residues of pharmacologically active substances in accordance with Regulation (EC) No 882/2004. Even if residue limits are not set for such substances pursuant to this Regulation, residues of such substances might occur due to environmental contamination or occurrence of a natural metabolite in the animal. Laboratory methods are capable of finding such residues at ever lower levels. Such residues have caused different control practices in Member States. |
| --- | --- |

(22)

Foodstuffs are subject to controls on residues of pharmacologically active substances in accordance with Regulation (EC) No 882/2004. Even if residue limits are not set for such substances pursuant to this Regulation, residues of such substances might occur due to environmental contamination or occurrence of a natural metabolite in the animal. Laboratory methods are capable of finding such residues at ever lower levels. Such residues have caused different control practices in Member States.

| (23) | It is therefore appropriate for the Community to provide for procedures to set reference points for control action at concentrations of the residues for which ▐ laboratory analysis is technically feasible in order to facilitate intra-Community trade and imports,
  without undermining a high level of human health protection in the Community. However, the setting of reference points for control action should in no way serve as a pretext for condoning the illegal use of non-authorised substances to treat food-producing animals. Therefore, any residues of those substances in food must be considered undesirable
  . |
| --- | --- |

(23)

It is therefore appropriate for the Community to provide for procedures to set reference points for control action at concentrations of the residues for which ▐ laboratory analysis is technically feasible in order to facilitate intra-Community trade and imports,
  without undermining a high level of human health protection in the Community. However, the setting of reference points for control action should in no way serve as a pretext for condoning the illegal use of non-authorised substances to treat food-producing animals. Therefore, any residues of those substances in food must be considered undesirable
  .

| (24) | The legislation on maximum residue limits should be simplified by placing together in one single Commission regulation all decisions classifying pharmacologically active substances as regards residues, and setting reference points for action. |
| --- | --- |

(24)

The legislation on maximum residue limits should be simplified by placing together in one single Commission regulation all decisions classifying pharmacologically active substances as regards residues, and setting reference points for action.

| (25) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12). |
| --- | --- |

(25)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12).

| (26) | In particular, the Commission should be empowered to adopt rules on the conditions for extrapolation and on the establishment of reference points for action. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. |
| --- | --- |

(26)

In particular, the Commission should be empowered to adopt rules on the conditions for extrapolation and on the establishment of reference points for action. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

| (27) | Since the objectives of this Regulation, namely to protect human health as well as animal health, and to ensure the availability of appropriate veterinary medicinal products, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(27)

Since the objectives of this Regulation, namely to protect human health as well as animal health, and to ensure the availability of appropriate veterinary medicinal products, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

| (28) | For the sake of clarity, it is therefore necessary to replace Regulation (EEC) No 2377/90 with a new regulation. |
| --- | --- |

(28)

For the sake of clarity, it is therefore necessary to replace Regulation (EEC) No 2377/90 with a new regulation.

| (29) | A transitional period should be provided for in order to allow the Commission to prepare and adopt a regulation which contains all applicable decisions pursuant to Regulation (EEC) No 2377/90 and implementing provisions for this new regulation, |
| --- | --- |

(29)

A transitional period should be provided for in order to allow the Commission to prepare and adopt a regulation which contains all applicable decisions pursuant to Regulation (EEC) No 2377/90 and implementing provisions for this new regulation,

HAVE ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

Article 1

Subject matter and scope

1.   
  For the purpose of ensuring food safety,

  this Regulation lays down rules and procedures in order to establish the following:

| (a) | the maximum concentration of a residue of a pharmacologically active substance which may be permitted in food of animal origin (‘maximum residue limit’); |
| --- | --- |

(a)

the maximum concentration of a residue of a pharmacologically active substance which may be permitted in food of animal origin (‘maximum residue limit’);

| (b) | the level ▐ of a residue of a pharmacologically active substance
  , established for control reasons in the case of certain substances for which a maximum residue limit has not been laid down in accordance with this Regulation
  (‘reference
  points
  for action’). |
| --- | --- |

(b)

the level ▐ of a residue of a pharmacologically active substance
  , established for control reasons in the case of certain substances for which a maximum residue limit has not been laid down in accordance with this Regulation
  (‘reference
  points
  for action’).

2.   This Regulation shall not apply to the following:

| (a) | active principles of biological origin intended to produce active or passive immunity or to diagnose a state of immunity, used in immunological veterinary medicinal products; |
| --- | --- |

(a)

active principles of biological origin intended to produce active or passive immunity or to diagnose a state of immunity, used in immunological veterinary medicinal products;

| (b) | substances falling within the scope of Regulation (EEC) No 315/93; |
| --- | --- |

(b)

substances falling within the scope of Regulation (EEC) No 315/93;

3.   This regulation shall apply without prejudice to Community legislation prohibiting the use in food producing animals of certain substances having a hormonal action as provided by Directive 96/22/EC.

Article 2

Definitions

In addition to the definitions laid down in Article 1 of Directive 2001/82/EC, Article 2 of Regulation (EC) No 882/2004 and Articles 2 and 3 of Regulation (EC) No 178/2002, the following definitions shall apply for the purposes of this Regulation:

| (a) | ‘residues of pharmacologically active substances’ means all pharmacologically active substances, expressed in mg/kg or μg/kg on a fresh weight basis, whether active substances, excipients or degradation products, and their metabolites which remain in food obtained from animals; |
| --- | --- |

(a)

‘residues of pharmacologically active substances’ means all pharmacologically active substances, expressed in mg/kg or μg/kg on a fresh weight basis, whether active substances, excipients or degradation products, and their metabolites which remain in food obtained from animals;

| (b) | ‘food-producing animals’: means animals bred, raised, kept, slaughtered or harvested specifically for the purpose of producing food. |
| --- | --- |

(b)

‘food-producing animals’: means animals bred, raised, kept, slaughtered or harvested specifically for the purpose of producing food.

TITLE II

MAXIMUM RESIDUE LIMITS

Chapter 1

Risk assessment and risk management

SECTION 1

Pharmacologically active substances intended for use in veterinary medicinal products

Article 3

Application for an opinion of the Agency

1.   Any pharmacologically active substance intended for use in veterinary medicinal products for administration to food-producing animals shall be subject to an opinion of the European Medicines Agency (‘the Agency’) on the maximum residue limit, formulated by the Committee for Medicinal Products for Veterinary Use (‘the Committee’).

2.   To that end, the holder of a marketing authorisation for a veterinary medicinal product in which such a substance is used, the applicant for such a marketing authorisation or a person intending to apply for such a marketing authorisation, shall submit an application to the Agency.

Article 4

Opinion of the Agency

1.   The opinion of the Agency shall consist in a scientific risk assessment and risk management recommendations.

2.   The scientific risk assessment and the risk management recommendations shall aim to ensure a high level of human health protection, whilst also ensuring that human health, animal health and animal welfare are not negatively affected by the lack of availability of appropriate veterinary medicinal products.
  Such recommendations shall take into account any relevant scientific findings of the European Food Safety Authority, by way of letters of cooperation.

Article 5

Extrapolation

With a view to ensuring the availability of authorised veterinary medicinal products for conditions affecting food-producing species, the Committee shall, when carrying out scientific risk assessments and when drawing up risk management recommendations, consider using maximum residue limits established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or in one or more species for other species.

Article 6

Scientific risk assessment

1.   The scientific risk assessment shall consider the metabolism and depletion of pharmacologically active substances in relevant animal species and the type of residues, and the amount thereof, that may be ingested by human beings over a lifetime without an appreciable health risk expressed in terms of acceptable daily intake (ADI). Alternative approaches to ADI may be used, if they have been laid down by the Commission as provided for in Article 12(1).

2.   The scientific risk assessment shall concern the following:

| (a) | the type and amount of residue considered not to present a safety concern for human health; |
| --- | --- |

(a)

the type and amount of residue considered not to present a safety concern for human health;

| (b) | the risk of
  toxicological,
  pharmacological or microbiological effects in human beings; |
| --- | --- |

(b)

the risk of
  toxicological,
  pharmacological or microbiological effects in human beings;

| (c) | residues that occur in food of plant origin or come from the environment. |
| --- | --- |

(c)

residues that occur in food of plant origin or come from the environment.

3.   If the metabolism and depletion of the substance cannot be assessed and the use of the substance is designed to promote animal health and welfare, the scientific risk assessment may take into account monitoring data or exposure data.

Article 7

Risk management recommendations

1.   The risk management recommendations shall be based on the scientific risk assessment performed in accordance with Article 6 and shall consist of an assessment of the following:

| (a) | the availability of alternative substances for the treatment of the relevant species or the necessity of the substance evaluated in order to avoid unnecessary suffering for animals or to ensure the safety of those treating them; |
| --- | --- |

(a)

the availability of alternative substances for the treatment of the relevant species or the necessity of the substance evaluated in order to avoid unnecessary suffering for animals or to ensure the safety of those treating them;

| (b) | other legitimate factors such as the technological aspects of food
  and animal feed
  production, the feasibility of controls, conditions of use and application of the substances in veterinary medicinal products
  , compliance with good veterinary practice
  and the likelihood of misuse or illegal use;
  misuse includes the prophylactic use of veterinary medicinal products when diseases can be managed by making proportionate and reasonable changes to the conditions in which animals are kept; |
| --- | --- |

(b)

other legitimate factors such as the technological aspects of food
  and animal feed
  production, the feasibility of controls, conditions of use and application of the substances in veterinary medicinal products
  , compliance with good veterinary practice
  and the likelihood of misuse or illegal use;
  misuse includes the prophylactic use of veterinary medicinal products when diseases can be managed by making proportionate and reasonable changes to the conditions in which animals are kept;

| (c) | whether or not a maximum residue limit or a provisional maximum residue limit should be established for a pharmacologically active substance in veterinary medicinal products the ▐ level of that maximum residue limit and, where appropriate, any conditions or restrictions for the use of the substance concerned; |
| --- | --- |

(c)

whether or not a maximum residue limit or a provisional maximum residue limit should be established for a pharmacologically active substance in veterinary medicinal products the ▐ level of that maximum residue limit and, where appropriate, any conditions or restrictions for the use of the substance concerned;

| (d) | whether it is feasible to establish a maximum residue limit when the data provided do not allow a safe limit to be identified, or when no final conclusion concerning human health with regard to residues of a substance can be drawn owing to the lack of scientific information. |
| --- | --- |

(d)

whether it is feasible to establish a maximum residue limit when the data provided do not allow a safe limit to be identified, or when no final conclusion concerning human health with regard to residues of a substance can be drawn owing to the lack of scientific information.

2.
     
  Veterinary medicinal products which do not have a maximum residue limit for equidae, which are not included in Annex IV of Regulation (EEC) No 2377/90 or in Article 13(2) of this Regulation, and which are used ‘off-label’, as defined in Article 1(16) of Directive 2001/82/EC, and under the provisions of Articles 10 and 11 in Directive 2001/82/EC and not administered intra-muscularly or subcutaneously, shall have a nominal withdrawal period of six months.

3.
     
  The use of pharmaceuticals containing pharmacologically active ingredients not on the list of substances essential for the treatment of equidae referred to in Article 10(3) of Directive 2001/82/EC and not administered intra-muscularly or subcutaneously, shall have a nominal withdrawal period of six months.

Article 8

Applications and procedures

1.   The application referred to in Article 3 shall comply with the format and content laid down by the Commission as provided for in Article 12(1) and shall be accompanied by the fee payable to the Agency.

2.   The Agency shall ensure that the opinion of the Committee is given within 210 days following the receipt of a valid application in accordance with Article 3 and paragraph 1 of this Article. This time limit shall be suspended when the Agency requests the submission of supplementary information on the given substance within a specific time period, and until such time as the supplementary information requested has been provided.

3.   The Agency shall forward the opinion referred to in Article 4 to the applicant. Within 15 days of receipt of the opinion, the applicant may provide written notice to the Agency that he wishes to request a re-examination of the opinion. In that case the applicant shall forward the detailed grounds for his request to the Agency within 60 days of receipt of the opinion.

Within 60 days of the receipt of the grounds for the request, the Committee shall consider whether its opinion should be revised. The reasons for the conclusion reached on the request shall be annexed to the final opinion referred to in paragraph 4.

4.   Within 15 days of the adoption of the final opinion, the Agency shall forward it both to the Commission and to the applicant, stating the grounds for its conclusions.

5.
     
  In specific cases where urgent authorisation is required to ensure the protection of human health and animal health and welfare, the Commission may, in accordance with the regulatory procedure with scrutiny referred to in Article 23(3), establish a provisional maximum residue limit for a period not exceeding five years.

SECTION 2

Pharmacologically active substances not intended for use in veterinary medicinal products

Article 9

Agency's opinion requested by the Commission or the Member States

1.   ▐ The Commission
  ,
  Member States
  or a third party pursuing legitimate interests
  may forward to the Agency requests for an opinion on maximum residue limits
  for pharmacologically active substances in any of the following circumstances:

| (a) | the substance in question is authorised for use in a veterinary medicinal product in a third country and no application in respect of that substance has been submitted pursuant to Article 3, or |
| --- | --- |

(a)

the substance in question is authorised for use in a veterinary medicinal product in a third country and no application in respect of that substance has been submitted pursuant to Article 3, or

| (b) | the substance in question is included in a medicinal product intended to be used pursuant to Article 11 of Directive 2001/82/EC and no application in respect of that substance has been submitted pursuant to Article 3 of this Regulation, or |
| --- | --- |

(b)

the substance in question is included in a medicinal product intended to be used pursuant to Article 11 of Directive 2001/82/EC and no application in respect of that substance has been submitted pursuant to Article 3 of this Regulation, or

| (c) | the substance in question is included in a biocidal product used in animal-rearing and a maximum residue limit must be established pursuant to Article 10(2)(ii)(b) of Directive 98/8/EC of the European Parliament and of the Council (13) , or |
| --- | --- |

(c)

the substance in question is included in a biocidal product used in animal-rearing and a maximum residue limit must be established pursuant to Article 10(2)(ii)(b) of Directive 98/8/EC of the European Parliament and of the Council (13) , or

| (d) | the substance in question can be used to treat animals effectively, in the case of minor species or minor uses, where no specific medicines yet exist. |
| --- | --- |

(d)

the substance in question can be used to treat animals effectively, in the case of minor species or minor uses, where no specific medicines yet exist.

2.
     
  In the circumstances of paragraph 1(d), where minor species or uses are concerned, the request may be forwarded to the Agency by an interested party or organisation.

3.
     
  Articles 4 to 7 shall apply.

4.
     
  The applications for an opinion which are referred to in paragraph 1 shall comply with the format and content requirements laid down by the Commission pursuant to Article 12(1).

5.   The Agency shall ensure that the opinion of the Committee is given within 210 days following the receipt of the request by the Commission. This time limit shall be suspended when the Agency requests submission of supplementary information on the given substance within a specific time period, and until such time as the supplementary information requested has been provided.

6.   Within 15 days of the adoption of the final opinion, the Agency shall forward it to the Commission and, as the case may be, to the Member State or party which made the request, stating the grounds for its conclusions.

SECTION 3

Common provisions

Article 10

Review of an opinion

Where the Commission,
  any person who has submitted an application for an opinion pursuant to
  Article 3, or a Member State under Article 9, as a result of new information, considers that a review of an opinion is necessary in order to protect human or animal health, it may request the Agency to issue a new opinion on the substances in question.

That request shall be accompanied by information explaining the issue to be addressed. Article 8(2)
  to
  (4) or Article 9(5) and (6) respectively shall apply to the new opinion.

Article 11

Publication of opinions

The Agency shall publish the opinions referred to in Articles 4, 9 and 10, after deleting any information of a commercially confidential nature.

Article 12

Implementing Measures

1.   ▐ The Commission shall, in consultation with the Agency, adopt
  rules on
  :

| (a) | the form in which applications referred to in Article 3 and requests referred to in Article 9 are to be presented, and the content of these applications; |
| --- | --- |

(a)

the form in which applications referred to in Article 3 and requests referred to in Article 9 are to be presented, and the content of these applications;

| (b) | the methodological principles of the risk assessment and risk management recommendations referred to in Articles 6 and 7, including technical requirements in accordance with internationally agreed standards. |
| --- | --- |

(b)

the methodological principles of the risk assessment and risk management recommendations referred to in Articles 6 and 7, including technical requirements in accordance with internationally agreed standards.

The rules referred to in point (a) shall be adopted in accordance with the regulatory procedure referred to in Article 23(2) and, in the case of point (b), in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).

2.   The Commission shall, in consultation with the Agency
  and interested parties
  , adopt rules on the use of a maximum residue level of a particular foodstuff for another foodstuff of the same species, or of one or more species for other species as referred to in Article 5. Those rules shall specify how and under what circumstances scientific data on residues in a particular foodstuff or in a species or more species may be used for setting a maximum residue limit in other foodstuffs, or other species.

Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).

Chapter II

Classification

Article 13

Classification of pharmacologically active substances

1.   The Commission shall classify the pharmacologically active substances subject to an opinion of the Agency on the maximum residue limit in accordance with Articles 4, 9 or 10.

2.   The classification shall include a list of pharmacologically active substances and the therapeutic classes to which they belong. The classification shall also entail the establishment, in relation to each such substance, of one of the following:

| (a) | a maximum residue limit; |
| --- | --- |

(a)

a maximum residue limit;

| (b) | a provisional maximum residue limit; |
| --- | --- |

(b)

a provisional maximum residue limit;

| (c) | the absence of a maximum residue limit; |
| --- | --- |

(c)

the absence of a maximum residue limit;

| (d) | a prohibition on the
  presence
  of a substance
  or residues thereof in a product of animal origin
  . |
| --- | --- |

(d)

a prohibition on the
  presence
  of a substance
  or residues thereof in a product of animal origin
  .

3.   A maximum residue limit shall be laid down where it appears necessary for the protection of human health:

| (a) | pursuant to an opinion of the Agency in accordance with Articles 4, 9 or 10
  ;
  or |
| --- | --- |

(a)

pursuant to an opinion of the Agency in accordance with Articles 4, 9 or 10
  ;
  or

| (b) | pursuant to a vote by the Community
  Delegation at the Codex Alimentarius
  in favour of the establishment of a maximum residue limit for a pharmacologically active substance intended for use in a veterinary medicinal product
  , provided that the scientific data taken into consideration have been made available to the Community representative in Codex Alimentarius prior to the vote in the Codex Alimentarius Commission
  . In
  this
  case an additional assessment by the Agency is not required. |
| --- | --- |

(b)

pursuant to a vote by the Community
  Delegation at the Codex Alimentarius
  in favour of the establishment of a maximum residue limit for a pharmacologically active substance intended for use in a veterinary medicinal product
  , provided that the scientific data taken into consideration have been made available to the Community representative in Codex Alimentarius prior to the vote in the Codex Alimentarius Commission
  . In
  this
  case an additional assessment by the Agency is not required.

4.   A provisional maximum residue limit may be established for a pharmacologically active substance in cases where scientific data are incomplete, provided that there are no grounds for supposing that residues of the substance concerned at the level proposed present a risk for human health.

The provisional maximum residue limit shall apply for a defined period of time, which shall not exceed five years. That period may be extended once for a period not exceeding two years where it is demonstrated that such an extension would allow scientific studies in progress to be completed.

5.   No maximum residue limit shall be established where, pursuant to an opinion in accordance with Articles 4, 9 or 10, it is not necessary for the protection of human health.

6.   The
  presence
  of a substance
  or residues thereof in a product of animal origin
  shall be prohibited, pursuant to an opinion in accordance with Articles 4, 9 or 10, in either of the following circumstances:

| (a) | where any
  presence
  of a pharmacologically active substance
  or residues thereof
  in
  foods of animal origin
  constitutes a
  risk
  to human health; |
| --- | --- |

(a)

where any
  presence
  of a pharmacologically active substance
  or residues thereof
  in
  foods of animal origin
  constitutes a
  risk
  to human health;

| (b) | where no final conclusion concerning the effect on human health of residues of a substance can be drawn. |
| --- | --- |

(b)

where no final conclusion concerning the effect on human health of residues of a substance can be drawn.

7.   Where it appears necessary for the protection of human health, the classification shall include conditions and restrictions for the use or application of a pharmacologically active substance used in veterinary medicinal products which is subject to a maximum residue limit, or for which no maximum residue limit has been set.

Article 14

Accelerated procedure for an Agency opinion

1.
     
  In specific cases where a veterinary medicinal product or a biocidal product needs to be authorised as a matter of urgency for reasons relating to the protection of public health or of animal health or welfare, the Commission, any person who has requested an opinion pursuant to Article 3 or a Member State may ask the Agency to carry out an accelerated procedure for the assessment of the maximum residue limit of a pharmacologically active substance contained in those products.

2.
     
  The format and the content of the application shall be laid down by the Commission pursuant to the provisions of Article 12(1).

3.
     
  Notwithstanding the provisions of Articles 8(2) and 9(2), the Agency shall ensure that the Committee is able to issue its opinion within 150 days following receipt of the application.

Article 15

Normal procedure

1.   For the purpose of the classification provided for in Article 13, the Commission shall prepare a draft Regulation within 30 days after receipt of the Agency's opinion referred to in Articles 4, 9(1) or 10. The Commission shall also prepare a draft Regulation within 30 days after receipt of the result of a vote by the Community
  Delegation at the Codex Alimentarius
  in favour of the establishment of a maximum residue limit ▐ as referred to in Article 13(3).

Where the draft Regulation is not in accordance with the opinion of the Agency, the Commission shall provide a detailed explanation of the reasons for the differences.

2.   The Regulation referred to in paragraph 1 shall be adopted by the Commission in accordance with, and within
  90 days
  after the end of the regulatory procedure
  with scrutiny
  referred to in
  Article 23(3)
  .

3.
     
  In the case of the accelerated procedure referred to in Article 14, the Commission shall adopt the Regulation referred to in paragraph 1 of this Article within 15 days of the end of the regulatory procedure referred to in Article 23(2).

Article 16

Analytical methods

The Agency shall consult Community reference laboratories for laboratory analysis of residues designated by the Commission in accordance with Regulation (EC) No 882/2004, on appropriate analytical methods
  for harmonised sampling
  for detecting residues of pharmacologically active substances for which maximum residue limits have been determined in accordance with Article 13 of this Regulation. The Agency shall provide the Community reference laboratories and national reference laboratories designated in accordance with Regulation (EC) No 882/2004 with information concerning those methods.

Article 17

Circulation of foodstuff

Member States
  shall
  prohibit ▐ the import and placing on the market of food of animal origin
  containing residues resulting from the illegal administration of pharmacologically active substances which are not subject to a classification in accordance with Article 13(2)(a), (b) or (c).

Accordingly, imports from third countries of food containing residues resulting from the illegal administration of substances whose use is use is banned within the European Union shall be prohibited in the interests of public health.

TITLE III

REFERENCE POINTS FOR ACTION

Article 18

Establishment and review

1.   When it is appropriate in order to ensure the functioning of controls of food of animal origin imported or placed on the market, in accordance with Regulation (EC) No 882/2004, the Commission may establish reference points for action for residues from pharmacologically active substances which are not subject to a classification in accordance with Article 13(2)(a), (b) or (c).

The principles of risk assessment pursuant to Articles 4 to 8 shall be applied in order to guarantee a high level of health protection.

Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).

2.   The reference points for action shall be reviewed in the light of
  any new data concerning the protection of human health and the food chain
  .

Foodstuffs of animal origin containing pharmacologically active substances for which no maximum residue limits have been set may not be placed on the market.

Article 19

Methods for establishing reference points for action

1.   The reference points for action shall be based on the content of an analyte in a sample, which can be detected and confirmed by a reference control laboratories designated in accordance with Regulation (EC) No 882/2004 with an analytical method validated according to Community requirements. In this, the Commission shall be advised by the relevant Community reference laboratory on the performance of analytical methods.

2.   The Commission may forward a request to the European Food Safety Authority for a risk assessment as to whether the reference points for action are adequate to protect human health. In those cases the European Food Safety Authority shall ensure that the opinion is given to the Commission within 210 days after receipt of the request.

3.   The risk assessment shall take account of rules
  including scientific methods
  to be adopted by the Commission in consultation with the European Food Safety Authority.

Those rules, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).

Article 20

Community contribution to the support measures for reference points for action

If the application of this Title requires the Community to finance measures in support of the establishment and functioning of the reference points for action, Article 66(1)(c) of Regulation (EC) No 882/2004 shall apply.

Article 21

Placing on the market

If the maximum residue limits or reference quantities established under this Regulation are exceeded, the product shall not be placed on the market as a foodstuff, transformed into foodstuffs or mixed with foodstuffs.

Article 22

Implementing reference points for action

1.
     
  Where checks are carried out on food of animal origin and the results of analytical tests confirm the presence of a pharmacologically active substance which is not subject to a classification in accordance with Article 13(2)(a), (b) or (c) at a level equal to or higher than its reference point for action, the relevant batch shall be deemed not to comply with Community legislation.

2.
     
  Where the results of analytical tests carried out on food of animal origin are below the reference points for action, the product's entry into the food chain shall be authorised. The competent authority shall retain a record of the findings in case of recurrence. Where the results of analytical tests on products of the same origin show a recurrent pattern indicating a potential problem, the competent authority shall inform the Commission and the other Member States in the Standing Committee on the Food Chain and Animal Health. The Commission shall bring the matter to the attention of the competent authority of the country or countries of origin and shall submit appropriate proposals.

3.
     
  Detailed rules shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).

TITLE IV

FINAL PROVISIONS

Article 23

Standing Committee on Veterinary Medicinal Products

1.   The Commission shall be assisted by the Standing Committee on Veterinary Medicinal Products.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at one month.

3.   Where reference is made to this paragraph, Article 5a (1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 24

Standing Committee on the Food Chain and Animal Health

1.   The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at one month.

3.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 25

Classification of pharmacologically active substances under Regulation (EEC) No 2377/90

By ...
   (14), the Commission shall adopt, in accordance with the regulatory procedure
  with scrutiny
  referred to in
  Article 23(3)
  , a Regulation containing the pharmacologically active substances and their classification regarding maximum residues limits in accordance with Annexes I to IV of Regulation (EEC) No 2377/90.

Article 26

Report to the European Parliament and the Council

The Commission shall, by ... (15), submit a report to the European Parliament and the Council. The report shall, in particular, review the experience gained from the application of this Regulation. The report shall, if appropriate, be accompanied by relevant proposals.

Article 27

Repeal

1.   Regulation (EEC) No 2377/90 is repealed.

2.   Annexes I to IV to the repealed Regulation shall continue to apply until the entry into force of the Regulation referred to in Article 25. Annex V to the repealed Regulation shall continue to apply until the entry into force of the measures referred to in Article 12(1).

3.   References to the repealed Regulation shall be construed as references to this Regulation and to the Regulation referred to in Article 25.

Article 28

Entry into Force

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

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

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  
  OJ C 10, 15.1.2008, p. 51.

1

OJ C 10, 15.1.2008, p. 51.

(2)  OJ C ...

2

(3)  Position of the European Parliament of 17 June 2008.

3

Position of the European Parliament of 17 June 2008

(4)  

  OJ L 311, 28.11.2001, p. 1.

4

OJ L 311, 28.11.2001, p. 1.

(5)  OJ L 224, 18.8.1990, p. 1. ║.

5

(6)  

  OJ C 27 E, 31.1.2002, p. 80.

6

OJ C 27 E, 31.1.2002, p. 80.

(7)  OJ L 125, 23.5.1996, p. 3. ║.

7

(8)  OJ L 37, 13.2.1993, p. 1. ║.

8

(9)  OJ L 31, 1.2.2002, p. 1. ║.

9

(10)  OJ L 165, 30.4.2004, p. 1. Corrected version in OJ L 191, 28.5.2004, p. 1.

10

(11)  OJ L 136, 30.4.2006, p. 1. ║.

11

(12)  OJ L 184, 17.7.1999, p. 23. ║.

12

(13)  

  OJ L 123, 24.4.1998, p. 1.

13

OJ L 123, 24.4.1998, p. 1.

(14)  
  90 days after the entry into force of this Regulation.

14

90

(15)  
  Five years after the entry into force of this Regulation.

15

Five years after the entry into force of this Regulation.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/99 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/99

---

Tuesday 17 June 2008European Year for Combating Poverty and Social Exclusion ***I

P6_TA(2008)0286

European Parliament legislative resolution of 17 June 2008 on the proposal for a decision of the European Parliament and of the Council on the European Year for Combating Poverty and Social Exclusion (2010) (COM(2007)0797 — C6-0469/2007 — 2007/0278(COD))

2009/C 286 E/38

(Codecision procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0797),

having regard to Article 251(2) and Article 137(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0469/2007),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Women's Rights and Gender Equality (A6-0173/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Takes note of the Commission statement annexed hereto; |
| --- | --- |

2.

Takes note of the Commission statement annexed hereto;

| 3. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

3.

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

| 4. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

4.

Instructs its President to forward its position to the Council and the Commission.

---

Tuesday 17 June 2008P6_TC1-COD(2007)0278

Position of the European Parliament adopted at first reading on 17 June 2008 with a view to the adoption of Decision No .../2008/EC of the European Parliament and of the Council on the European Year for Combating Poverty and Social Exclusion (2010)

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Decision No 1098/2008/EC.)

Tuesday 17 June 2008Statement by the Commission

The Commission attaches the greatest importance to facilitating and supporting wide participation at all levels in activities connected with the 2010 European Year for Combating Poverty and Social Exclusion as a practical means of ensuring that its impact is positive and lasting.

In accordance with the Decision on the European Year, the Commission will draw up common guidelines in the Strategic Framework Document (SFD) which will set the key priorities for the implementation of activities relating to the European Year, including minimum standards in terms of participation in national bodies and actions (see Annex, Part II, point 2 of the Decision).

The SFD is addressed to the National Implementing Bodies (NIBs) responsible for defining the national programmes for the European Year and for selecting individual actions to be proposed for Community funding, and to other actors concerned.

In that context, the Commission will underline the importance of facilitating access by all NGOs, including small and medium-sized organisations. With a view to ensuring the widest possible access, the NIBs can decide not to request any co-financing and instead to fully fund certain actions.

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| 27.11.2009 | EN | Official Journal of the European Union | CE 286/100 |
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27.11.2009

EN

Official Journal of the European Union

CE 286/100

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Tuesday 17 June 2008Adoption by Slovakia of the single currency on 1 January 2009 *

P6_TA(2008)0287

European Parliament legislative resolution of 17 June 2008 on the proposal for a Council decision in accordance with Article122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009 (COM(2008)0249 — C6-0198/2008 — 2008/0092(CNS))

2009/C 286 E/39

(Consultation procedure)

The European Parliament,

having regard to the Commission proposal to the Council (COM(2008)0249),

having regard to the Commission Convergence Report 2008 (COM(2008)0248) as regards Slovakia and the European Central Bank (ECB) Convergence Report of May 2008,

having regard to the Recommendation for a Council Decision abrogating Decision 2005/182/EC on the existence of an excessive deficit in Slovakia (SEC(2008)0572),

having regard to its resolution of 12 July 2007 on the 2007 annual report on the eurozone (1),

having regard to its resolution of 20 June 2007 on improving the method for consulting Parliament in procedures relating to enlargement of the euro area (2),

having regard to its resolution of 1 June 2006 on the enlargement of the euro zone (3),

having regard to Council Decision 2003/223/EC of 21 March 2003 on an amendment to Article 10(2) of the Statute of the European System of Central Banks and of the European Central Bank (4),

having regard to its position of 13 March 2003 on the recommendation of the European Central Bank for a proposal for a Council decision on an amendment to Article 10(2) of the Statute of the European System of Central Banks and of the European Central Bank (5),

having regard to Article 122(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0198/2008),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Economic and Monetary Affairs (A6-0231/2008),

| A. | whereas Slovakia has complied with the Maastricht criteria in accordance with Article 121 of the EC Treaty and the Protocol on the convergence criteria referred to therein, |
| --- | --- |

A.

whereas Slovakia has complied with the Maastricht criteria in accordance with Article 121 of the EC Treaty and the Protocol on the convergence criteria referred to therein,

| B. | whereas a delegation from its Committee on Economic and Monetary Affairs visited Slovakia to assess the readiness of that country to enter the euro area, the first time such a visit has taken place, |
| --- | --- |

B.

whereas a delegation from its Committee on Economic and Monetary Affairs visited Slovakia to assess the readiness of that country to enter the euro area, the first time such a visit has taken place,

| C. | whereas ten years after the establishment of the Economic and Monetary Union, experience has shown that the incentive to undertake structural reform decreases after joining the euro area, and that the issue of sustainability has increased in importance, |
| --- | --- |

C.

whereas ten years after the establishment of the Economic and Monetary Union, experience has shown that the incentive to undertake structural reform decreases after joining the euro area, and that the issue of sustainability has increased in importance,

| D. | whereas the President of the Ecofin Council has written a letter to the Council, meeting in the composition of Heads of State or Government, presenting the measures and policy commitments taken by the Slovak Government to ensure the sustainability of convergence, |
| --- | --- |

D.

whereas the President of the Ecofin Council has written a letter to the Council, meeting in the composition of Heads of State or Government, presenting the measures and policy commitments taken by the Slovak Government to ensure the sustainability of convergence,

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Favours the adoption of the euro by Slovakia on 1 January 2009; |
| --- | --- |

2.

Favours the adoption of the euro by Slovakia on 1 January 2009;

| 3. | Notes that Article 121 of the EC Treaty defines the achievement of a high degree of sustainable convergence by reference to the fulfilment by each Member State of the following criteria: the achievement of a high degree of price stability; the sustainability of the government's financial position; the observance of the normal fluctuation margins provided for by the exchange rate mechanism; and the durability of convergence achieved by the Member State and of its participation in the exchange-rate mechanism of the European Monetary System being reflected in the long-term interest-rate levels; |
| --- | --- |

3.

Notes that Article 121 of the EC Treaty defines the achievement of a high degree of sustainable convergence by reference to the fulfilment by each Member State of the following criteria: the achievement of a high degree of price stability; the sustainability of the government's financial position; the observance of the normal fluctuation margins provided for by the exchange rate mechanism; and the durability of convergence achieved by the Member State and of its participation in the exchange-rate mechanism of the European Monetary System being reflected in the long-term interest-rate levels;

| 4. | Notes that the ECB's 2008 Convergence Report identifies risks concerning the sustainability of the low inflation rate achieved and urges the necessary steps to be taken to avoid inflation; |
| --- | --- |

4.

Notes that the ECB's 2008 Convergence Report identifies risks concerning the sustainability of the low inflation rate achieved and urges the necessary steps to be taken to avoid inflation;

| 5. | Is concerned about the discrepancies between the convergence reports of the Commission and the ECB as regards the sustainability of inflation; |
| --- | --- |

5.

Is concerned about the discrepancies between the convergence reports of the Commission and the ECB as regards the sustainability of inflation;

| 6. | Recommends that the Slovak Government set up an observatory to monitor the price of a selected number of basic goods on a weekly basis so as to fight false perceptions about price increases; |
| --- | --- |

6.

Recommends that the Slovak Government set up an observatory to monitor the price of a selected number of basic goods on a weekly basis so as to fight false perceptions about price increases;

| 7. | Calls on the Slovak Government to ensure the continuation of necessary structural reforms in labour, services and product markets, ensuring, in particular, increased labour mobility and investment in human capital; calls on the Slovak Government to ensure competition, particularly in sensitive sectors such as energy; |
| --- | --- |

7.

Calls on the Slovak Government to ensure the continuation of necessary structural reforms in labour, services and product markets, ensuring, in particular, increased labour mobility and investment in human capital; calls on the Slovak Government to ensure competition, particularly in sensitive sectors such as energy;

| 8. | Calls on the Slovak Government to ensure, with the cooperation of the Slovak central bank, a stable low-inflation environment, which can be achieved through further fiscal consolidation, and a sufficiently tight fiscal policy with the aim of balancing the budget in the medium term; calls on the social partners in Slovakia to keep wage growth in line with productivity growth in the foreseeable future; |
| --- | --- |

8.

Calls on the Slovak Government to ensure, with the cooperation of the Slovak central bank, a stable low-inflation environment, which can be achieved through further fiscal consolidation, and a sufficiently tight fiscal policy with the aim of balancing the budget in the medium term; calls on the social partners in Slovakia to keep wage growth in line with productivity growth in the foreseeable future;

| 9. | Calls on the Eurogroup to improve coordination and to monitor the effective implementation of the policy commitments taken by euro area Member States towards the sustainability of convergence; |
| --- | --- |

9.

Calls on the Eurogroup to improve coordination and to monitor the effective implementation of the policy commitments taken by euro area Member States towards the sustainability of convergence;

| 10. | Emphasises that taxation policies of Member States participating in the euro area need to be consistent with the principles of good governance in tax matters; |
| --- | --- |

10.

Emphasises that taxation policies of Member States participating in the euro area need to be consistent with the principles of good governance in tax matters;

| 11. | Reiterates its strongly held opinion that the Council and the Commission should adopt the position that an excessive deficit procedure concerning a Member State must have been closed before compliance with the Maastricht criteria is assessed as prescribed in Article 2 of the Protocol on the convergence criteria; regrets that the Commission has, once again, failed correctly to apply the EC Treaty in this regard; |
| --- | --- |

11.

Reiterates its strongly held opinion that the Council and the Commission should adopt the position that an excessive deficit procedure concerning a Member State must have been closed before compliance with the Maastricht criteria is assessed as prescribed in Article 2 of the Protocol on the convergence criteria; regrets that the Commission has, once again, failed correctly to apply the EC Treaty in this regard;

| 12. | Believes that all relevant measures taken by a Member State applying for membership of the euro area, after the publication of the convergence reports of the Commission and the ECB, should be taken into account by the Council on the basis of the relevant Parliament resolution and integrated into the monitoring process; |
| --- | --- |

12.

Believes that all relevant measures taken by a Member State applying for membership of the euro area, after the publication of the convergence reports of the Commission and the ECB, should be taken into account by the Council on the basis of the relevant Parliament resolution and integrated into the monitoring process;

| 13. | Calls on the Member States to allow the Commission to assess compliance with the Maastricht criteria on the basis of definite, current, reliable, and high-quality data; |
| --- | --- |

13.

Calls on the Member States to allow the Commission to assess compliance with the Maastricht criteria on the basis of definite, current, reliable, and high-quality data;

| 14. | Is concerned about low support for the euro among Slovak citizens; calls on the authorities of Slovakia, therefore, to step up the public information campaign aimed at explaining the benefits of the single currency and undertake all necessary steps in order to minimise price increases during the changeover period; |
| --- | --- |

14.

Is concerned about low support for the euro among Slovak citizens; calls on the authorities of Slovakia, therefore, to step up the public information campaign aimed at explaining the benefits of the single currency and undertake all necessary steps in order to minimise price increases during the changeover period;

| 15. | Takes note of the efforts undertaken by all parties to improve the conditions under which Parliament exercises its right of consultation under Articles 121 and 122 of the EC Treaty in terms of information and timing and welcomes the initiative of the Committee on Economic and Monetary Affairs to organise a study visit to Slovakia to make its own assessment of the situation; |
| --- | --- |

15.

Takes note of the efforts undertaken by all parties to improve the conditions under which Parliament exercises its right of consultation under Articles 121 and 122 of the EC Treaty in terms of information and timing and welcomes the initiative of the Committee on Economic and Monetary Affairs to organise a study visit to Slovakia to make its own assessment of the situation;

| 16. | Calls on the Commission and the ECB to consider all aspects when recommending the final exchange rate for the Slovak koruna; |
| --- | --- |

16.

Calls on the Commission and the ECB to consider all aspects when recommending the final exchange rate for the Slovak koruna;

| 17. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

17.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 18. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

18.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 19. | Instructs its President to forward its position to the Council, the Commission, the European Central Bank, the Eurogroup and the governments and parliaments of the Member States. |
| --- | --- |

19.

Instructs its President to forward its position to the Council, the Commission, the European Central Bank, the Eurogroup and the governments and parliaments of the Member States.

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(1)  Texts Adopted, P6_TA(2007)0348.

(2)  OJ C 146 E, 12.6.2008, p. 251.

(3)  OJ C 298 E, 8.12.2006, p. 249.

(4)  OJ L 83, 1.4.2003, p. 66.

(5)  OJ C 61 E, 10.3.2004, p. 374.

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Wednesday 18 June 2008

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/103 |
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27.11.2009

EN

Official Journal of the European Union

CE 286/103

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Wednesday 18 June 2008New allocation of the responsibilities of Vice-President Jacques Barrot

P6_TA(2008)0290

European Parliament decision of 18 June 2008 approving the new allocation of the responsibilities of Vice-President of the Commission Jacques Barrot

2009/C 286 E/40

The European Parliament,

having regard to Article 217(2) of the EC Treaty,

having regard to point 5 of the Framework Agreement on relations between the European Parliament and the Commission (1),

having regard to the proposal of 9 May 2008 to change the allocation of the responsibilities of Vice-President of the Commission Jacques Barrot,

having regard to the hearing of the Vice-President before its committee responsible on 16 June 2008,

having regard to Rule 99 of its Rules of Procedure,

| 1. | Approves the new allocation of the responsibilities of Vice-President Jacques Barrot for the remainder of the Commission's term of office until 31 October 2009; |
| --- | --- |

1.

Approves the new allocation of the responsibilities of Vice-President Jacques Barrot for the remainder of the Commission's term of office until 31 October 2009;

| 2. | Instructs its President to forward this decision to the Council, the Commission and the governments of the Member States. |
| --- | --- |

2.

Instructs its President to forward this decision to the Council, the Commission and the governments of the Member States.

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(1)  OJ C 117 E, 18.5.2006, p. 123.

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| 27.11.2009 | EN | Official Journal of the European Union | CE 286/103 |
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27.11.2009

EN

Official Journal of the European Union

CE 286/103

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Wednesday 18 June 2008Approving the appointment of Mr Antonio Tajani as a Member of the Commission

P6_TA(2008)0291

European Parliament decision of 18 June 2008 approving the appointment of Mr Antonio Tajani as a Member of the Commission

2009/C 286 E/41

The European Parliament,

having regard to Article 214(2), third subparagraph, and Article 215 of the EC Treaty,

having regard to point 4 of the Framework Agreement on relations between the European Parliament and the Commission (1),

having regard to the resignation of Mr Franco Frattini as a Member of the Commission, tendered on 7 May 2008,

having regard to the nomination by the Government of the Italian Republic of Mr Antonio Tajani for appointment as a Member of the Commission on 8 May 2008,

having regard to Council Decision 2008/380/EC, Euratom of 9 May 2008 appointing a new member of the Commission of the European Communities (2),

having regard to the hearing of the Commissioner-designate before its committee responsible held on 16 June 2008,

having regard to Rule 99 of its Rules of Procedure,

| 1. | Approves the appointment of Mr Antonio Tajani as a Member of the Commission for the remainder of the Commission's term of office until 31 October 2009; |
| --- | --- |

1.

Approves the appointment of Mr Antonio Tajani as a Member of the Commission for the remainder of the Commission's term of office until 31 October 2009;

| 2. | Instructs its President to forward this decision to the Council, the Commission and the governments of the Member States. |
| --- | --- |

2.

Instructs its President to forward this decision to the Council, the Commission and the governments of the Member States.

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(1)  OJ C 117 E, 18.5.2006, p. 123.

(2)  OJ L 131, 21.5.2008, p. 6.

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| 27.11.2009 | EN | Official Journal of the European Union | CE 286/104 |
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27.11.2009

EN

Official Journal of the European Union

CE 286/104

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Wednesday 18 June 2008Common standards and procedures in Member States for returning illegally staying third-country nationals ***I

P6_TA(2008)0293

European Parliament legislative resolution of 18 June 2008 on the proposal for a directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals (COM(2005)0391 — C6-0266/2005 — 2005/0167(COD))

2009/C 286 E/42

(Codecision procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0391),

having regard to Article 251(2) and Article 63(3)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0266/2005),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs and the Committee on Development (A6-0339/2007),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

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Wednesday 18 June 2008P6_TC1-COD(2005)0167

Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2008/.../EC.)

Wednesday 18 June 2008ANNEX

Statements to the Minutes of the Council at the moment of the adoption of the Act

| 1. | The Council states that the implementation of this Directive should not be used in itself as a reason to justify the adoption of provisions less favorable to persons to whom it applies. |
| --- | --- |

1.

| 2. | The Commission states that the review of the SIS II (envisaged under the review clause of Article 24(5) of Regulation (EC) No 1987/2006), will be an opportunity to propose an obligation to register in the SIS entry bans issued under this Directive. |
| --- | --- |

2.

| 3. | The Commission commits itself to assist Member States in finding possibilities for mitigating the financial burden resulting from the implementation of Article 13(4) (free legal aid) in Member States in a spirit of solidarity.



  The Commission underlines that possibilities exist under the European Return Fund (Decision No 575/2007/EC) to co-finance national action promoting the application of Article 13(4) (free legal aid) in Member States:








  — | Actions related to the specific objective of ‘promoting an effective and uniform application of common standards on return’ (Article 3 (c)) may include support for the ‘enhancement of the capacity of competent authorities to take high quality return decisions’ (Article 4(3)(a)). The presence of appropriate legal safeguards, including the principle of equality of arms, enhances the potential for high quality decisions. |
| --- | --- | --- |

3.

The Commission underlines that possibilities exist under the European Return Fund (Decision No 575/2007/EC) to co-finance national action promoting the application of Article 13(4) (free legal aid) in Member States:

—

Actions related to the specific objective of ‘promoting an effective and uniform application of common standards on return’ (Article 3 (c)) may include support for the ‘enhancement of the capacity of competent authorities to take high quality return decisions’ (Article 4(3)(a)). The presence of appropriate legal safeguards, including the principle of equality of arms, enhances the potential for high quality decisions.

| — | In accordance with Priority 4 of the strategic guidelines for the Return Fund (Decision 2007/837/EC), the Community contribution may be increased up to 75 % for actions which ensure a ‘fair and effective implementation of common standards’ on return in Member States. This means that measures related to the provision of Article 13(4) (free legal aid) may be co-financed up to 75 % under the European Return Fund. |
| --- | --- |

—

In accordance with Priority 4 of the strategic guidelines for the Return Fund (Decision 2007/837/EC), the Community contribution may be increased up to 75 % for actions which ensure a ‘fair and effective implementation of common standards’ on return in Member States. This means that measures related to the provision of Article 13(4) (free legal aid) may be co-financed up to 75 % under the European Return Fund.

The Commission encourages Member States to take this fact into account when choosing the priorities for their national programmes and when programming actions under priority 4 of the strategic guidelines.

| 4. | The Commission states that in its assessment under Article 19(2) it will consider additional impact on the administration of justice in the Member States. |
| --- | --- |

4.

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| 27.11.2009 | EN | Official Journal of the European Union | CE 286/106 |
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27.11.2009

EN

Official Journal of the European Union

CE 286/106

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Wednesday 18 June 2008Internal market in electricity ***I

P6_TA(2008)0294

European Parliament legislative resolution of 18 June 2008 on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/54/EC concerning common rules for the internal market in electricity (COM(2007)0528 — C6-0316/2007 — 2007/0195(COD))

(Text with EEA relevance)

2009/C 286 E/43

(Codecision procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0528),

having regard to Article 251(2), Article 47(2) and Articles 55 and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0316/2007),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Economic and Monetary Affairs and the Committee on the Internal Market and Consumer Protection (A6-0191/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

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Wednesday 18 June 2008P6_TC1-COD(2007)0195

Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council amending Directive 2003/54/EC concerning common rules for the internal market in electricity

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 47(2), and Articles 55 and 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | The internal market for electricity, which has been progressively implemented throughout the Community since 1999, aims at delivering real choice for all ║ consumers in the European Union, whether citizens or business, new business opportunities and more cross-border trade, so as to achieve efficiency gains, competitive prices, and higher standards of service, and to contribute to security of supply and sustainability. |
| --- | --- |

(1)

The internal market for electricity, which has been progressively implemented throughout the Community since 1999, aims at delivering real choice for all ║ consumers in the European Union, whether citizens or business, new business opportunities and more cross-border trade, so as to achieve efficiency gains, competitive prices, and higher standards of service, and to contribute to security of supply and sustainability.

| (2) | Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity ║ (4) has made a significant contribution towards the creation of ║ an internal market for electricity. |
| --- | --- |

(2)

Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity ║ (4) has made a significant contribution towards the creation of ║ an internal market for electricity.

| (3) | The right to sell electricity in any Member State on equal terms and without discrimination or disadvantages cannot, however, currently be guaranteed to all the companies in all the Member States. In particular, non-discriminatory network access and an equally effective level of regulatory supervision in each Member State do not yet exist, since the ║ legal framework is insufficient. |
| --- | --- |

(3)

The right to sell electricity in any Member State on equal terms and without discrimination or disadvantages cannot, however, currently be guaranteed to all the companies in all the Member States. In particular, non-discriminatory network access and an equally effective level of regulatory supervision in each Member State do not yet exist, since the ║ legal framework is insufficient.

| (4) | A secure supply of electricity is of vital importance for the development of European society, the implementation of a sustainable climate change policy, and the fostering competitiveness within the internal market. To this end, cross-border interconnections should be further developed in order to secure the supply of all energy sources at the lowest possible prices to consumers and industry within the European Union. |
| --- | --- |

(4)

A secure supply of electricity is of vital importance for the development of European society, the implementation of a sustainable climate change policy, and the fostering competitiveness within the internal market. To this end, cross-border interconnections should be further developed in order to secure the supply of all energy sources at the lowest possible prices to consumers and industry within the European Union.

| (5) | A well-functioning internal market for electricity should provide producers with the appropriate incentives for investing in new power generations and consumers with adequate measures to promote more efficient use of energy for which a secure supply of energy is a precondition. |
| --- | --- |

(5)

A well-functioning internal market for electricity should provide producers with the appropriate incentives for investing in new power generations and consumers with adequate measures to promote more efficient use of energy for which a secure supply of energy is a precondition.

| (6) | Given that renewable energy sources are continuous, it is essential to develop electricity interconnection capacity at Community level, paying special attention to the most isolated countries and regions in the Community's energy market in order to provide the Member States with the means to achieve the objective of 20 % renewable energy by 2020. |
| --- | --- |

(6)

Given that renewable energy sources are continuous, it is essential to develop electricity interconnection capacity at Community level, paying special attention to the most isolated countries and regions in the Community's energy market in order to provide the Member States with the means to achieve the objective of 20 % renewable energy by 2020.

| (7) | Trade within and the flow of electricity across borders should increase in the internal market in order to secure the best use of available power generation at the lowest possible prices. This should not, however, be an excuse for Member States or producers to refrain from investing in new and modern technology for the electricity generation. |
| --- | --- |

(7)

Trade within and the flow of electricity across borders should increase in the internal market in order to secure the best use of available power generation at the lowest possible prices. This should not, however, be an excuse for Member States or producers to refrain from investing in new and modern technology for the electricity generation.

| (8) | The Communication of the Commission of 10 January 2007 entitled ‘An Energy Policy for Europe’ ║ highlighted the importance of completing the internal market in electricity and of creating a level playing field for all electricity undertakings established in the Community. The Communications of the Commission, of the same date, on prospects for the internal gas and electricity market and in relation to its final Report on inquiry pursuant to Article 17 of the Regulation (EC) No 1/2003 into the European gas and electricity sectors showed that the present rules and measures do not provide the necessary framework for achieving the objective of a well-functioning internal market. |
| --- | --- |

(8)

The Communication of the Commission of 10 January 2007 entitled ‘An Energy Policy for Europe’ ║ highlighted the importance of completing the internal market in electricity and of creating a level playing field for all electricity undertakings established in the Community. The Communications of the Commission, of the same date, on prospects for the internal gas and electricity market and in relation to its final Report on inquiry pursuant to Article 17 of the Regulation (EC) No 1/2003 into the European gas and electricity sectors showed that the present rules and measures do not provide the necessary framework for achieving the objective of a well-functioning internal market.

| (9) | In order to secure competition and the supply of electricity at the lowest possible price, while at the same time avoiding market dominance by large actors, Member States and national regulatory authorities should facilitate cross-border access for new providers of different energy sources as well as for new providers of power generation. |
| --- | --- |

(9)

In order to secure competition and the supply of electricity at the lowest possible price, while at the same time avoiding market dominance by large actors, Member States and national regulatory authorities should facilitate cross-border access for new providers of different energy sources as well as for new providers of power generation.

| (10) | Without effective separation of networks from the activities of generation and supply, there is an inherent risk of discrimination not only in the operation of the network but also in the incentives for vertically integrated companies to invest adequately in their networks. |
| --- | --- |

(10)

Without effective separation of networks from the activities of generation and supply, there is an inherent risk of discrimination not only in the operation of the network but also in the incentives for vertically integrated companies to invest adequately in their networks.

| (11) | The rules on legal and functional unbundling currently in place have not led to effective unbundling of the transmission system operators. At its meeting in Brussels on 8 and 9 March 2007, the European Council invited the Commission to develop legislative proposals for the effective separation of supply and generation activities from network operations. |
| --- | --- |

(11)

The rules on legal and functional unbundling currently in place have not led to effective unbundling of the transmission system operators. At its meeting in Brussels on 8 and 9 March 2007, the European Council invited the Commission to develop legislative proposals for the effective separation of supply and generation activities from network operations.

| (12) | Only the removal of the inherent incentive for vertically integrated undertakings to discriminate against competitors as regards network access and investment can ensure effective unbundling. Ownership unbundling, which implies the appointment of the network owner ║ as the network operator and the network operator's independence from any supply and production interests, is clearly the most effective and stable way to solve the inherent conflict of interest and to ensure security of supply. For this reason, the European Parliament, in its resolution of 10 July 2007 on prospects for the internal gas and electricity market ║, referred to ownership unbundling at transmission level as the most effective tool by which to promote non-discriminatory investments in infrastructures ║, fair access to the grid for new entrants and transparency in the market. Member States should therefore be required to ensure that the same person or persons are not entitled to exercise control, including through minority blocking rights on decisions of strategic importance such as investments, over a production or supply undertaking and, at the same time, hold any interest in or exercise any right over a transmission system operator or a transmission system. Conversely, control over a transmission system operator should preclude the possibility of holding any interest in or exercising any right over a supply undertaking. |
| --- | --- |

(12)

Only the removal of the inherent incentive for vertically integrated undertakings to discriminate against competitors as regards network access and investment can ensure effective unbundling. Ownership unbundling, which implies the appointment of the network owner ║ as the network operator and the network operator's independence from any supply and production interests, is clearly the most effective and stable way to solve the inherent conflict of interest and to ensure security of supply. For this reason, the European Parliament, in its resolution of 10 July 2007 on prospects for the internal gas and electricity market ║, referred to ownership unbundling at transmission level as the most effective tool by which to promote non-discriminatory investments in infrastructures ║, fair access to the grid for new entrants and transparency in the market. Member States should therefore be required to ensure that the same person or persons are not entitled to exercise control, including through minority blocking rights on decisions of strategic importance such as investments, over a production or supply undertaking and, at the same time, hold any interest in or exercise any right over a transmission system operator or a transmission system. Conversely, control over a transmission system operator should preclude the possibility of holding any interest in or exercising any right over a supply undertaking.

| (13) | Any system for unbundling should be effective in removing any conflict of interests between generators and transmission system operators and should not create an onerous or cumbersome regulatory regime for national regulatory authorities that would be difficult or expensive to implement. |
| --- | --- |

(13)

Any system for unbundling should be effective in removing any conflict of interests between generators and transmission system operators and should not create an onerous or cumbersome regulatory regime for national regulatory authorities that would be difficult or expensive to implement.

| (14) | Since ownership unbundling requires, in some instances, ║ restructuring of undertakings, Member States should be granted additional time to apply the relevant provisions. In view of the vertical links between the electricity and gas sectors, the unbundling provisions should, moreover, apply ║ across both sectors. |
| --- | --- |

(14)

Since ownership unbundling requires, in some instances, ║ restructuring of undertakings, Member States should be granted additional time to apply the relevant provisions. In view of the vertical links between the electricity and gas sectors, the unbundling provisions should, moreover, apply ║ across both sectors.

| (15) | To ensure full independence of network operation from supply and generation interests and to prevent exchange of any confidential information, the same person should not be a member of the managing boards of both a transmission system operator and an undertaking performing any of the functions of generation or supply. For the same reason, the same person should not be entitled to appoint members of the managing boards of a transmission system operator and to hold any interest in a supply undertaking. ▐ |
| --- | --- |

(15)

To ensure full independence of network operation from supply and generation interests and to prevent exchange of any confidential information, the same person should not be a member of the managing boards of both a transmission system operator and an undertaking performing any of the functions of generation or supply. For the same reason, the same person should not be entitled to appoint members of the managing boards of a transmission system operator and to hold any interest in a supply undertaking. ▐

| (16) | Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should ║ be given a choice between ownership unbundling and, as a derogation, setting up system operators which are independent from supply and generation interests. The full effectiveness of the independent system operator solution needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated undertakings, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and generation business, provided that the requirements resulting from ownership unbundling are complied with. |
| --- | --- |

(16)

Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should ║ be given a choice between ownership unbundling and, as a derogation, setting up system operators which are independent from supply and generation interests. The full effectiveness of the independent system operator solution needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated undertakings, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and generation business, provided that the requirements resulting from ownership unbundling are complied with.

| (17) | The implementation of effective unbundling should respect the principle of non-discrimination between the public and private sectors. To this end, the same person should not be able to exercise any influence, solely or jointly, over the composition, voting or decision of the bodies of both transmission system operators and supply undertakings. Provided that the Member State in question can demonstrate that this requirement is respected, two distinct public bodies should be able to control ║ generation and supply activities on the one hand and ║ transmission activities on the other. |
| --- | --- |

(17)

The implementation of effective unbundling should respect the principle of non-discrimination between the public and private sectors. To this end, the same person should not be able to exercise any influence, solely or jointly, over the composition, voting or decision of the bodies of both transmission system operators and supply undertakings. Provided that the Member State in question can demonstrate that this requirement is respected, two distinct public bodies should be able to control ║ generation and supply activities on the one hand and ║ transmission activities on the other.

| (18) | Full separation of network and supply activities should apply throughout the Community, so that any network operator in the Community or its affiliated companies should be prevented from having any supply or generation activities in any Member State. This should apply equally to the undertakings established within the European Union and third-country undertakings. To ensure that network and supply activities throughout the Community are kept separate, national regulatory authorities should be empowered to refuse certification to transmission system operators that do not comply with the unbundling rules. To ensure ║ consistent application across the Community and the respect of the international obligations of the Community,
  the Agency for the Cooperation of Energy Regulators (‘the Agency’) established by Regulation (EC) No .../2008 of the European Parliament and of the Council (5)

  should have the right to review the decisions on certification taken by the national regulatory authorities. |
| --- | --- |

(18)

Full separation of network and supply activities should apply throughout the Community, so that any network operator in the Community or its affiliated companies should be prevented from having any supply or generation activities in any Member State. This should apply equally to the undertakings established within the European Union and third-country undertakings. To ensure that network and supply activities throughout the Community are kept separate, national regulatory authorities should be empowered to refuse certification to transmission system operators that do not comply with the unbundling rules. To ensure ║ consistent application across the Community and the respect of the international obligations of the Community,
  the Agency for the Cooperation of Energy Regulators (‘the Agency’) established by Regulation (EC) No .../2008 of the European Parliament and of the Council (5)

  should have the right to review the decisions on certification taken by the national regulatory authorities.

| (19) | The safeguarding of energy supply is an essential element of public security and is therefore inherently connected to the efficient functioning of the European Union's electricity market
  and the elimination of the market's geographical isolation
  . Electricity can ║ reach ║ citizens of the Union only through the network. Functioning electricity markets and, in particular, the networks and other assets associated with electricity supply, are essential for public security, for the competitiveness of the economy and for the well-being of the citizens of the Union. Without prejudice to its international obligations ║, the Community considers that the electricity transmission system sector is of high importance to the Community and therefore additional safeguards are necessary regarding the influence of third countries in order to avoid any threats to Community public order and public security and the welfare of the citizens of the Union. Such measures are also necessary for ensuring compliance with the rules on effective unbundling. |
| --- | --- |

(19)

The safeguarding of energy supply is an essential element of public security and is therefore inherently connected to the efficient functioning of the European Union's electricity market
  and the elimination of the market's geographical isolation
  . Electricity can ║ reach ║ citizens of the Union only through the network. Functioning electricity markets and, in particular, the networks and other assets associated with electricity supply, are essential for public security, for the competitiveness of the economy and for the well-being of the citizens of the Union. Without prejudice to its international obligations ║, the Community considers that the electricity transmission system sector is of high importance to the Community and therefore additional safeguards are necessary regarding the influence of third countries in order to avoid any threats to Community public order and public security and the welfare of the citizens of the Union. Such measures are also necessary for ensuring compliance with the rules on effective unbundling.

| (20) | Non-discriminatory access to the distribution network determines downstream access to customers at retail level. The scope for discrimination as regards third-party access and investment is, however, less significant at distribution level than at transmission level because at distribution level congestion and the influence of generation interests are generally less important than at transmission level. Moreover, functional unbundling of distribution system operators became, in accordance with Directive 2003/54/EC, compulsory only as of 1 July 2007 and its effects on the internal market still need to be evaluated. The rules on legal and functional unbundling currently in place can lead to effective unbundling provided they are more clearly defined, properly implemented and closely monitored. To create a level playing field at retail level, the activities of distribution system operators should therefore be monitored so that they are prevented from taking advantage of their vertical integration as regards their competitive position on the market, in particular in relation to small household and non-household customers. |
| --- | --- |

(20)

Non-discriminatory access to the distribution network determines downstream access to customers at retail level. The scope for discrimination as regards third-party access and investment is, however, less significant at distribution level than at transmission level because at distribution level congestion and the influence of generation interests are generally less important than at transmission level. Moreover, functional unbundling of distribution system operators became, in accordance with Directive 2003/54/EC, compulsory only as of 1 July 2007 and its effects on the internal market still need to be evaluated. The rules on legal and functional unbundling currently in place can lead to effective unbundling provided they are more clearly defined, properly implemented and closely monitored. To create a level playing field at retail level, the activities of distribution system operators should therefore be monitored so that they are prevented from taking advantage of their vertical integration as regards their competitive position on the market, in particular in relation to small household and non-household customers.

| (21) | In order to develop competition in the internal market for electricity, non-household customers should be able to choose their suppliers as well as enter into contracts to secure their electricity requirements with several suppliers. Such customers should be protected against exclusivity clauses, the effect of which is to exclude competing and/or complementary offers. |
| --- | --- |

(21)

In order to develop competition in the internal market for electricity, non-household customers should be able to choose their suppliers as well as enter into contracts to secure their electricity requirements with several suppliers. Such customers should be protected against exclusivity clauses, the effect of which is to exclude competing and/or complementary offers.

| (22) | Directive 2003/54/EC introduced a requirement for Member States to establish regulatory authorities with specific competences. However, experience shows that the effectiveness of regulation is frequently hampered through a lack of independence of regulatory authorities from government, and insufficient powers and discretion. For this reason, at its above-mentioned meeting in Brussels ║, the European Council invited the Commission to develop legislative proposals providing for further harmonisation of the powers and strengthening of the independence of national regulatory authorities. |
| --- | --- |

(22)

Directive 2003/54/EC introduced a requirement for Member States to establish regulatory authorities with specific competences. However, experience shows that the effectiveness of regulation is frequently hampered through a lack of independence of regulatory authorities from government, and insufficient powers and discretion. For this reason, at its above-mentioned meeting in Brussels ║, the European Council invited the Commission to develop legislative proposals providing for further harmonisation of the powers and strengthening of the independence of national regulatory authorities.

| (23) | Any harmonisation of the powers of national regulatory authorities should include incentives that can be offered and sanctions that can be imposed on electricity undertakings. The Agency should be given the appropriate powers to take the lead in ensuring there is parity in the incentives and sanctions across all Member States, and provide guidelines on such measures. |
| --- | --- |

(23)

Any harmonisation of the powers of national regulatory authorities should include incentives that can be offered and sanctions that can be imposed on electricity undertakings. The Agency should be given the appropriate powers to take the lead in ensuring there is parity in the incentives and sanctions across all Member States, and provide guidelines on such measures.

| (24) | National regulatory authorities need to be able to take decisions on all relevant regulatory issues if the internal market is to function properly, and to be fully independent from any other public or private interests. |
| --- | --- |

(24)

National regulatory authorities need to be able to take decisions on all relevant regulatory issues if the internal market is to function properly, and to be fully independent from any other public or private interests.

| (25) | National regulatory authorities should have the power to issue binding decisions on electricity undertakings and to impose effective, appropriate and dissuasive sanctions on electricity undertakings which fail to comply with their obligations. They should also be granted the powers to decide, irrespective of the application of competition rules, on any appropriate measures
  ensuring customer benefits through the promotion of
  effective competition necessary for the proper functioning of the market; as well as to ensure high standards of universal and public service in compliance with market opening, the protection of vulnerable customers, and the full effectiveness of consumer protection measures ║. Those provisions should be without prejudice to both the Commission's powers concerning the application of competition rules including the examination of mergers with a Community dimension, and the rules on the internal market such as the free movement of capital. |
| --- | --- |

(25)

National regulatory authorities should have the power to issue binding decisions on electricity undertakings and to impose effective, appropriate and dissuasive sanctions on electricity undertakings which fail to comply with their obligations. They should also be granted the powers to decide, irrespective of the application of competition rules, on any appropriate measures
  ensuring customer benefits through the promotion of
  effective competition necessary for the proper functioning of the market; as well as to ensure high standards of universal and public service in compliance with market opening, the protection of vulnerable customers, and the full effectiveness of consumer protection measures ║. Those provisions should be without prejudice to both the Commission's powers concerning the application of competition rules including the examination of mergers with a Community dimension, and the rules on the internal market such as the free movement of capital.

| (26) | The internal electricity market is suffering from a lack of liquidity and transparency hindering the efficient allocation of resources, risk hedging and new entry. Trust in the market, its liquidity and the number of market participants need to increase ▐. |
| --- | --- |

(26)

The internal electricity market is suffering from a lack of liquidity and transparency hindering the efficient allocation of resources, risk hedging and new entry. Trust in the market, its liquidity and the number of market participants need to increase ▐.

| (27) | Energy and financial market regulatory authorities should cooperate in order to allow each other an overview of their respective markets. They should have the power to obtain relevant information from electricity undertakings, make appropriate and sufficient investigations, settle disputes and impose effective sanctions. |
| --- | --- |

(27)

Energy and financial market regulatory authorities should cooperate in order to allow each other an overview of their respective markets. They should have the power to obtain relevant information from electricity undertakings, make appropriate and sufficient investigations, settle disputes and impose effective sanctions.

| (28) | Prior to the adoption by the Commission of guidelines defining further the record keeping requirements, the Agency ║ and the Committee of European Securities Regulators (CESR) should cooperate to investigate and advise the Commission on the content of the guidelines. The Agency and the CESR should also cooperate further to ║ investigate and advise on the question whether transactions in electricity supply contracts and electricity derivatives should be subject to pre and/or post-trade transparency requirements and, if so, what the content of such requirements should be. |
| --- | --- |

(28)

Prior to the adoption by the Commission of guidelines defining further the record keeping requirements, the Agency ║ and the Committee of European Securities Regulators (CESR) should cooperate to investigate and advise the Commission on the content of the guidelines. The Agency and the CESR should also cooperate further to ║ investigate and advise on the question whether transactions in electricity supply contracts and electricity derivatives should be subject to pre and/or post-trade transparency requirements and, if so, what the content of such requirements should be.

| (29) | In order to prevent dominant incumbent suppliers from impeding the opening of the market, it is important to enable the development of new business models, for instance the ability to contract simultaneously with several suppliers. |
| --- | --- |

(29)

In order to prevent dominant incumbent suppliers from impeding the opening of the market, it is important to enable the development of new business models, for instance the ability to contract simultaneously with several suppliers.

| (30) | The
  universal and
  public service requirements and the common minimum standards that follow therefrom need to be further strengthened to make sure that all consumers,
  in particular those who are vulnerable,
  can benefit from competition
  and fairer prices. The public service requirements should be defined at national level, taking into account national circumstances. Community law and the common minimum standards should, however, be respected by the Member States. citizens of the Union and small and medium-sized enterprises should be able to enjoy public service guarantees, in particular with regard to security of supply and reasonable tariffs.
  A key aspect to supplying consumers is access to
  objective and transparent
  consumption data; consumersshould have access to their
  consumption
  data
  and associated prices and service costs
  so that they can invite competitors to make offers based on those data. Consumers ║ should also have the right to be properly informed about their energy consumption
  , and prepayments should be adequate and reflect actual consumption of electricity
  . ▐ Information about energy costs
  provided to consumers at least on a quarterly basis and based on common criteria
  will create incentives for energy savings because it will give customers direct feedback on the effects of investment in energy efficiency and change of behaviour. |
| --- | --- |

(30)

The
  universal and
  public service requirements and the common minimum standards that follow therefrom need to be further strengthened to make sure that all consumers,
  in particular those who are vulnerable,
  can benefit from competition
  and fairer prices. The public service requirements should be defined at national level, taking into account national circumstances. Community law and the common minimum standards should, however, be respected by the Member States. citizens of the Union and small and medium-sized enterprises should be able to enjoy public service guarantees, in particular with regard to security of supply and reasonable tariffs.
  A key aspect to supplying consumers is access to
  objective and transparent
  consumption data; consumersshould have access to their
  consumption
  data
  and associated prices and service costs
  so that they can invite competitors to make offers based on those data. Consumers ║ should also have the right to be properly informed about their energy consumption
  , and prepayments should be adequate and reflect actual consumption of electricity
  . ▐ Information about energy costs
  provided to consumers at least on a quarterly basis and based on common criteria
  will create incentives for energy savings because it will give customers direct feedback on the effects of investment in energy efficiency and change of behaviour.

| (31) | Consumer interests should be at the heart of this Directive. Existing rights of consumers need to be strengthened and guaranteed, and should include greater transparency and representation. Consumer protection must ensure that all consumers benefit from a competitive market. Consumer rights should be enforced by national regulatory authorities by creating incentives and imposing sanctions on companies which do not comply with consumer protection and competition rules. |
| --- | --- |

(31)

Consumer interests should be at the heart of this Directive. Existing rights of consumers need to be strengthened and guaranteed, and should include greater transparency and representation. Consumer protection must ensure that all consumers benefit from a competitive market. Consumer rights should be enforced by national regulatory authorities by creating incentives and imposing sanctions on companies which do not comply with consumer protection and competition rules.

| (32) | Clear and comprehensible information should be made available to consumers concerning their rights in relation to the energy sector. Following the Commission's communication of 5 July 2007 entitled ‘Towards a European Charter on the Rights of Energy Consumers’, the Commission should put forward, after consulting relevant stakeholders, including national regulatory authorities, consumer organisations and social partners, an accessible, user-friendly charter listing the rights of energy consumers that already exist in Community law, including this Directive. Energy suppliers should ensure that all consumers receive a copy of that charter and that it is publicly available. |
| --- | --- |

(32)

Clear and comprehensible information should be made available to consumers concerning their rights in relation to the energy sector. Following the Commission's communication of 5 July 2007 entitled ‘Towards a European Charter on the Rights of Energy Consumers’, the Commission should put forward, after consulting relevant stakeholders, including national regulatory authorities, consumer organisations and social partners, an accessible, user-friendly charter listing the rights of energy consumers that already exist in Community law, including this Directive. Energy suppliers should ensure that all consumers receive a copy of that charter and that it is publicly available.

| (33) | Energy poverty is a growing problem in the European Union. Member States should therefore develop national action plans to tackle the problem and ensure the necessary energy supply for vulnerable consumers. In doing so, an integrated approach is needed and measures should include social policies, tariff policies and energy efficiency improvements for housing. At the very least, this Directive should allow national policies in favour of, in terms of pricing models, vulnerable consumers
  . |
| --- | --- |

(33)

Energy poverty is a growing problem in the European Union. Member States should therefore develop national action plans to tackle the problem and ensure the necessary energy supply for vulnerable consumers. In doing so, an integrated approach is needed and measures should include social policies, tariff policies and energy efficiency improvements for housing. At the very least, this Directive should allow national policies in favour of, in terms of pricing models, vulnerable consumers
  .

| (34) | Greater consumer protection is guaranteed by the availability of effective means of redress for all. Member States should introduce speedy and effective arbitration procedures. |
| --- | --- |

(34)

Greater consumer protection is guaranteed by the availability of effective means of redress for all. Member States should introduce speedy and effective arbitration procedures.

| (35) | Market prices should give the right incentives for the development of the grid and for investing in new electricity generation. |
| --- | --- |

(35)

Market prices should give the right incentives for the development of the grid and for investing in new electricity generation.

| (36) | Promoting fair competition and easy access for different suppliers as well as granting capacity for new electricity generation should be of the utmost importance for Member States in order to allow consumers fully to grasp the opportunities of a liberalised internal market for electricity. At the same time, Members States should be responsible for developing national actions plans and social policies. |
| --- | --- |

(36)

Promoting fair competition and easy access for different suppliers as well as granting capacity for new electricity generation should be of the utmost importance for Member States in order to allow consumers fully to grasp the opportunities of a liberalised internal market for electricity. At the same time, Members States should be responsible for developing national actions plans and social policies.

| (37) | In ▐ the creation of an internal market for electricity,
  regional energy markets can constitute a first step.
  Member States should
  therefore
  foster
  at Community and, where possible, at regional level,
  the integration of their national markets and the cooperation of network operators at Community and
  national
  level.
  Regional integration initiatives are an essential intermediate step in achieving the integration of Community energy markets, which remains the final objective. The regional level contributes towards accelerating the integration process by making it possible for the actors concerned, particularly the Member States, the national regulatory authorities and the transmission system operators, to cooperate in regard to specific issues. |
| --- | --- |

(37)

In ▐ the creation of an internal market for electricity,
  regional energy markets can constitute a first step.
  Member States should
  therefore
  foster
  at Community and, where possible, at regional level,
  the integration of their national markets and the cooperation of network operators at Community and
  national
  level.
  Regional integration initiatives are an essential intermediate step in achieving the integration of Community energy markets, which remains the final objective. The regional level contributes towards accelerating the integration process by making it possible for the actors concerned, particularly the Member States, the national regulatory authorities and the transmission system operators, to cooperate in regard to specific issues.

| (38) | The development of a truly pan-Community grid should be one of the main goals of this Directive and regulatory issues on cross-border interconnections and regional markets should, therefore, be the responsibility of the Agency. |
| --- | --- |

(38)

The development of a truly pan-Community grid should be one of the main goals of this Directive and regulatory issues on cross-border interconnections and regional markets should, therefore, be the responsibility of the Agency.

| (39) | The Commission, in consultation with the stakeholders, and in particular, the transmission system operators and the Agency, should assess the feasibility of creating a single European transmission system operator and analyse the costs and benefits with respect to market integration as well as the effective and secure operation of the transmission network. |
| --- | --- |

(39)

The Commission, in consultation with the stakeholders, and in particular, the transmission system operators and the Agency, should assess the feasibility of creating a single European transmission system operator and analyse the costs and benefits with respect to market integration as well as the effective and secure operation of the transmission network.

| (40) | To secure common rules for a properly functioning internal market and a broad supply of energy accessible to all should also be among the main goals of this Directive. To this end, undistorted market prices would provide the best incentive for cross-border interconnections and for investments in new power generation while leading, in the long term, to price convergence. |
| --- | --- |

(40)

To secure common rules for a properly functioning internal market and a broad supply of energy accessible to all should also be among the main goals of this Directive. To this end, undistorted market prices would provide the best incentive for cross-border interconnections and for investments in new power generation while leading, in the long term, to price convergence.

| (41) | Increased regional cooperation should be the first step in the development of a fully integrated European electricity grid, ultimately incorporating the electricity islands that persist in the European Union. |
| --- | --- |

(41)

Increased regional cooperation should be the first step in the development of a fully integrated European electricity grid, ultimately incorporating the electricity islands that persist in the European Union.

| (42) | Regulatory authorities should provide information to the market in order also to permit the Commission to exercise its role of observing and monitoring the European electricity market and its short, medium and long-term evolution, including aspects such as generation capacity, different sources of electricity generation, transmission and distribution infrastructures,
  quality of service and supply,
  cross-border trade,
  congestion management,
  the investments, wholesale and consumers prices, market liquidity, environmental and efficiency improvements. |
| --- | --- |

(42)

Regulatory authorities should provide information to the market in order also to permit the Commission to exercise its role of observing and monitoring the European electricity market and its short, medium and long-term evolution, including aspects such as generation capacity, different sources of electricity generation, transmission and distribution infrastructures,
  quality of service and supply,
  cross-border trade,
  congestion management,
  the investments, wholesale and consumers prices, market liquidity, environmental and efficiency improvements.

| (43) | Since the objective of this Directive, namely the creation of a fully operational internal electricity market, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(43)

Since the objective of this Directive, namely the creation of a fully operational internal electricity market, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

| (44) | Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity (6) provides the Commission with the possibility of adopting guidelines to achieve the necessary degree of harmonisation. Such guidelines, which are ║ binding implementing measures, are a useful tool which can be adapted quickly where necessary.
  ▐ |
| --- | --- |

(44)

Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity (6) provides the Commission with the possibility of adopting guidelines to achieve the necessary degree of harmonisation. Such guidelines, which are ║ binding implementing measures, are a useful tool which can be adapted quickly where necessary.

▐

| (45) | Directive 2003/54/EC should be amended accordingly, |
| --- | --- |

(45)

Directive 2003/54/EC should be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 2003/54/EC

Directive 2003/54/EC is amended as follows:

| (1) | Article 1 shall be replaced by the following:


  ‘
  This Directive establishes common rules for the generation, transmission, distribution and supply of electricity, together with consumer protection provisions, with a view to improving and integrating competitive energy markets, connected by a common grid, in the European Union. It lays down the rules relating to the organisation and functioning of the electricity sector, open access to the market, the criteria and procedures applicable to calls for tenders and the granting of authorisations and the operation of systems. It also lays down universal service obligations and the rights of electricity consumers and clarifies competition requirements.
  ’ |
| --- | --- |

(1)

Article 1 shall be replaced by the following:

‘
  This Directive establishes common rules for the generation, transmission, distribution and supply of electricity, together with consumer protection provisions, with a view to improving and integrating competitive energy markets, connected by a common grid, in the European Union. It lays down the rules relating to the organisation and functioning of the electricity sector, open access to the market, the criteria and procedures applicable to calls for tenders and the granting of authorisations and the operation of systems. It also lays down universal service obligations and the rights of electricity consumers and clarifies competition requirements.
  ’

| (2) | Article 2 shall be amended as follows:








  (a) | point 12 shall be replaced by the following:








  ‘
  12. | “eligible customers” means customers who are free to purchase electricity from the supplier of their choice within the meaning of Article 21 of this Directive as well as to contract simultaneously with several suppliers;
  ’ |
| --- | --- | --- | --- |

(2)

Article 2 shall be amended as follows:

(a)

point 12 shall be replaced by the following:

‘
  12.

“eligible customers” means customers who are free to purchase electricity from the supplier of their choice within the meaning of Article 21 of this Directive as well as to contract simultaneously with several suppliers;
  ’

| (b) | point 21 shall be replaced by the following:






  ‘21. | “vertically integrated undertaking” means an electricity undertaking, or a group of electricity undertakings where the same person or ║ persons are entitled, directly or indirectly, to exercise control within the meaning of Article 3(2) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation)
   (7), and where the undertaking or group of undertakings perform at least one of the functions of transmission or distribution, and at least one of the functions of generation or supply of electricity; ║ |
| --- | --- | --- |

(b)

point 21 shall be replaced by the following:

‘21.

“vertically integrated undertaking” means an electricity undertaking, or a group of electricity undertakings where the same person or ║ persons are entitled, directly or indirectly, to exercise control within the meaning of Article 3(2) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation)
   (7), and where the undertaking or group of undertakings perform at least one of the functions of transmission or distribution, and at least one of the functions of generation or supply of electricity; ║

| (c) | the following points shall be added:






  ‘32. | “electricity supply contract” means a contract for the supply of electricity, but does not include an electricity derivative; |
| --- | --- | --- |

(c)

the following points shall be added:

‘32.

“electricity supply contract” means a contract for the supply of electricity, but does not include an electricity derivative;

| 33. | “electricity derivative” means a financial instrument specified in one of Sections C5, C6, or C7 of Annex I to Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments (8), where that instrument relates to electricity; |
| --- | --- |

33.

“electricity derivative” means a financial instrument specified in one of Sections C5, C6, or C7 of Annex I to Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments (8), where that instrument relates to electricity;

| 34. | “control” means any rights, contracts or any other means which, either separately or in combination and having regard to the considerations of fact or law involved, confer the possibility of exercising decisive influence on an undertaking, in particular by:






  (a) | ownership or the right to use all or part of the assets of an undertaking; |
| --- | --- | --- |

34.

“control” means any rights, contracts or any other means which, either separately or in combination and having regard to the considerations of fact or law involved, confer the possibility of exercising decisive influence on an undertaking, in particular by:

(a)

ownership or the right to use all or part of the assets of an undertaking;

| (b) | rights or contracts which confer decisive influence on the composition, voting or decisions of the organs of an undertaking; |
| --- | --- |

(b)

rights or contracts which confer decisive influence on the composition, voting or decisions of the organs of an undertaking;

| 35. | “industrial site” means a privately owned geographical area with a power grid which is primarily designed to supply industrial consumers in that area; |
| --- | --- |

35.

“industrial site” means a privately owned geographical area with a power grid which is primarily designed to supply industrial consumers in that area;

| 36. | “fair and undistorted competition in an open market” means common opportunities and equal access for all providers within the European Union, for which the Member States, the national regulatory authorities and the Agency for the Cooperation of Energy Regulators (“the Agency”) established by Regulation (EC) No .../2008 of the European Parliament and of the Council

   (9)

  shall be responsible; |
| --- | --- |

36.

“fair and undistorted competition in an open market” means common opportunities and equal access for all providers within the European Union, for which the Member States, the national regulatory authorities and the Agency for the Cooperation of Energy Regulators (“the Agency”) established by Regulation (EC) No .../2008 of the European Parliament and of the Council

   (9)

  shall be responsible;

| 37. | “electricity undertaking” means any natural or legal person carrying out at least one of the following functions: production, transmission, distribution, supply or purchase of electricity; and responsible for the commercial, technical and/or maintenance tasks related to those functions; it shall not include final customers; |
| --- | --- |

37.

“electricity undertaking” means any natural or legal person carrying out at least one of the following functions: production, transmission, distribution, supply or purchase of electricity; and responsible for the commercial, technical and/or maintenance tasks related to those functions; it shall not include final customers;

| 38. | “energy poverty” means the situation where the members of a household cannot afford to heat their home to an acceptable standard based on the levels recommended by the World Health Organisation; |
| --- | --- |

38.

“energy poverty” means the situation where the members of a household cannot afford to heat their home to an acceptable standard based on the levels recommended by the World Health Organisation;

| 39. | “virtual power plant” means an electricity release programme whereby an undertaking generating electricity is obliged either to sell or make available a certain volume of electricity or to grant access to part of its generation capacity to interested suppliers for a certain period of time. |
| --- | --- |

39.

“virtual power plant” means an electricity release programme whereby an undertaking generating electricity is obliged either to sell or make available a certain volume of electricity or to grant access to part of its generation capacity to interested suppliers for a certain period of time.

| (3) | Article 3 shall be amended as follows
  :








  (a) | paragraph 2 shall be replaced by the following:


  ‘
  2.
     
  Having full regard to the relevant provisions of the Treaty, in particular Article 86 thereof, Member States may impose on electricity undertakings, in the general economic interest, public service obligations which may relate to security, including security of supply, regularity, quality and price of supplies and environmental protection, including energy efficiency, renewable energy and climate protection. Such obligations shall be clearly defined, transparent, non-discriminatory, verifiable and shall guarantee equality of access for EU electricity undertakings to national consumers. In relation to security of supply, energy efficiency/demand-side management and for the fulfilment of environmental and renewable energy targets, as referred to in this paragraph, Member States may introduce the implementation of long-term planning, taking into account the possibility of third parties seeking access to the system.
  ’ |
| --- | --- | --- |

(3)

Article 3 shall be amended as follows
  :

(a)

paragraph 2 shall be replaced by the following:

‘
  2.
     
  Having full regard to the relevant provisions of the Treaty, in particular Article 86 thereof, Member States may impose on electricity undertakings, in the general economic interest, public service obligations which may relate to security, including security of supply, regularity, quality and price of supplies and environmental protection, including energy efficiency, renewable energy and climate protection. Such obligations shall be clearly defined, transparent, non-discriminatory, verifiable and shall guarantee equality of access for EU electricity undertakings to national consumers. In relation to security of supply, energy efficiency/demand-side management and for the fulfilment of environmental and renewable energy targets, as referred to in this paragraph, Member States may introduce the implementation of long-term planning, taking into account the possibility of third parties seeking access to the system.
  ’

| (b) | in paragraph 3, the first subparagraph shall be replaced by the following:


  ‘
  3.
     
  Member States shall ensure that all household customers and small enterprises as defined in Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (10) (enterprises which employ fewer than 50 persons and whose annual turnover and/or balance sheet does not exceed EUR 10 million), enjoy universal service, that is, the right to be supplied with electricity of a specified quality within their territory at cost-based and easily and clearly comparable, transparent and non-discriminatory prices. These customers shall have access to choice, fairness, representation and redress. Quality of service shall be a central responsibility of electricity undertakings. To ensure the provision of universal service, Member States may appoint a supplier of last resort. Member States shall impose on distribution companies an obligation to connect customers to their grid under terms, conditions and tariffs set in accordance with the procedure laid down in Article 23(2). Nothing in this Directive shall prevent Member States from strengthening the market position of the domestic, small and medium-sized consumers by promoting the possibilities of voluntary aggregation of representation for this class of consumers. |
| --- | --- |

(b)

in paragraph 3, the first subparagraph shall be replaced by the following:

‘
  3.
     
  Member States shall ensure that all household customers and small enterprises as defined in Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (10) (enterprises which employ fewer than 50 persons and whose annual turnover and/or balance sheet does not exceed EUR 10 million), enjoy universal service, that is, the right to be supplied with electricity of a specified quality within their territory at cost-based and easily and clearly comparable, transparent and non-discriminatory prices. These customers shall have access to choice, fairness, representation and redress. Quality of service shall be a central responsibility of electricity undertakings. To ensure the provision of universal service, Member States may appoint a supplier of last resort. Member States shall impose on distribution companies an obligation to connect customers to their grid under terms, conditions and tariffs set in accordance with the procedure laid down in Article 23(2). Nothing in this Directive shall prevent Member States from strengthening the market position of the domestic, small and medium-sized consumers by promoting the possibilities of voluntary aggregation of representation for this class of consumers.

| (c) | the following paragraphs shall be inserted after paragraph 3
  :
  ‘
  3a.
     
  Member States shall ensure that all customers are entitled to have their electricity provided by a supplier, subject to the supplier's agreement, regardless of the Member State in which the supplier is registered. In this regard, Member States shall take all measures necessary to ensure that undertakings registered in their territories can supply customers without having to fulfil any further conditions.




  3b.
     
  Member States shall ensure that:










  (a) | where a customer wishes to change supplier, the change is effected by the operator(s) concerned within two weeks, and |
| --- | --- | --- |

(c)

the following paragraphs shall be inserted after paragraph 3
  :

‘
  3a.
     
  Member States shall ensure that all customers are entitled to have their electricity provided by a supplier, subject to the supplier's agreement, regardless of the Member State in which the supplier is registered. In this regard, Member States shall take all measures necessary to ensure that undertakings registered in their territories can supply customers without having to fulfil any further conditions.

3b.
     
  Member States shall ensure that:

(a)

where a customer wishes to change supplier, the change is effected by the operator(s) concerned within two weeks, and

| (b) | customers are entitled to receive all relevant consumption data. |
| --- | --- |

(b)

customers are entitled to receive all relevant consumption data.

Member States shall ensure that the rights referred to in points (a) and (b) are granted to all customers in a non-discriminatory way as regards cost, effort or time.
  ’

| (d) | paragraph 5 shall be replaced by the following:


  ‘
  5.
     
  Member States shall take appropriate measures to protect final customers, and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers, including prohibiting the disconnection of pensioners and disabled people in winter. In this context, Member States shall recognise energy poverty as defined in Article 2(38) and shall provide definitions of vulnerable customers. Member State shall ensure that rights and obligations linked to vulnerable customers are applied and, in particular, shall take measures to protect final customers in remote areas. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms. Member States shall ensure that the eligible customer is in fact easily able to switch to a new supplier. As regards at least household customers, these measures shall include those set out in Annex A.
  ’ |
| --- | --- |

(d)

paragraph 5 shall be replaced by the following:

‘
  5.
     
  Member States shall take appropriate measures to protect final customers, and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers, including prohibiting the disconnection of pensioners and disabled people in winter. In this context, Member States shall recognise energy poverty as defined in Article 2(38) and shall provide definitions of vulnerable customers. Member State shall ensure that rights and obligations linked to vulnerable customers are applied and, in particular, shall take measures to protect final customers in remote areas. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms. Member States shall ensure that the eligible customer is in fact easily able to switch to a new supplier. As regards at least household customers, these measures shall include those set out in Annex A.
  ’

| (e) | the following paragraph shall be inserted after paragraph 5
  :
  ‘
  5a.
     
  Member States shall take appropriate measures to address energy poverty in national energy action plans in order to ensure that the number of people suffering energy poverty decreases in real terms and shall communicate such measures to the Commission. Each Member State shall be responsible for providing, in accordance with the principle of subsidiarity, a definition of energy poverty at national level, in consultation with national regulatory authorities and stakeholders with reference to Article 2(38). Such measures may include benefits in social security systems, support for energy efficiency improvements and energy production at the lowest possible prices. Such measures shall not impede the opening of the market set out in Article 21. The Commission shall provide indicators to monitor the impact of such measures on energy poverty, and on the functioning of the market.
  ’ |
| --- | --- |

(e)

the following paragraph shall be inserted after paragraph 5
  :

‘
  5a.
     
  Member States shall take appropriate measures to address energy poverty in national energy action plans in order to ensure that the number of people suffering energy poverty decreases in real terms and shall communicate such measures to the Commission. Each Member State shall be responsible for providing, in accordance with the principle of subsidiarity, a definition of energy poverty at national level, in consultation with national regulatory authorities and stakeholders with reference to Article 2(38). Such measures may include benefits in social security systems, support for energy efficiency improvements and energy production at the lowest possible prices. Such measures shall not impede the opening of the market set out in Article 21. The Commission shall provide indicators to monitor the impact of such measures on energy poverty, and on the functioning of the market.
  ’

| (f) | paragraph 6 shall be amended as follows:










  (i) | in the first subparagraph, point (a) shall be replaced by the following:








  ‘
  (a) | the contribution of each energy source to the overall fuel mix of the supplier over the preceding year in a harmonised and comprehensible manner within Member States so as to allow for easy comparison;
  ’ |
| --- | --- | --- | --- |

(f)

paragraph 6 shall be amended as follows:

(i)

in the first subparagraph, point (a) shall be replaced by the following:

‘
  (a)

the contribution of each energy source to the overall fuel mix of the supplier over the preceding year in a harmonised and comprehensible manner within Member States so as to allow for easy comparison;
  ’

| (ii) | in the first subparagraph, the following point shall be added:








  ‘
  (ba) | information concerning their rights and the means of redress available to them in the event of a dispute
  .’ |
| --- | --- | --- |

(ii)

in the first subparagraph, the following point shall be added:

‘
  (ba)

information concerning their rights and the means of redress available to them in the event of a dispute
  .’

| (iii) | the third subparagraph shall be replaced by the following:


  ‘
  National regulatory authorities shall take the necessary steps to ensure that the information provided by suppliers to their customers pursuant to this Article is reliable. Rules relating to the provision of information shall be harmonised within Member States and relevant markets.
  ’ |
| --- | --- |

(iii)

the third subparagraph shall be replaced by the following:

‘
  National regulatory authorities shall take the necessary steps to ensure that the information provided by suppliers to their customers pursuant to this Article is reliable. Rules relating to the provision of information shall be harmonised within Member States and relevant markets.
  ’

| (g) | paragraph 7 shall be replaced by the following:


  ‘
  7.
     
  Member States shall implement appropriate measures to achieve the objectives of social and economic cohesion with a view to reducing the cost of energy to low income households and guaranteeing the same conditions for those living in remote areas, and the objectives of the environmental protection. Such measures shall include energy efficiency/demand-side management measures and means to combat climate change, and security of supply, and may also include, in particular, the provision of adequate economic incentives, using, where appropriate, all existing national and Community tools, for the maintenance and construction of the necessary network infrastructure, including interconnection capacity.
  ’ |
| --- | --- |

(g)

paragraph 7 shall be replaced by the following:

‘
  7.
     
  Member States shall implement appropriate measures to achieve the objectives of social and economic cohesion with a view to reducing the cost of energy to low income households and guaranteeing the same conditions for those living in remote areas, and the objectives of the environmental protection. Such measures shall include energy efficiency/demand-side management measures and means to combat climate change, and security of supply, and may also include, in particular, the provision of adequate economic incentives, using, where appropriate, all existing national and Community tools, for the maintenance and construction of the necessary network infrastructure, including interconnection capacity.
  ’

| (h) | the following paragraphs shall be inserted after paragraph 7
  :
  ‘
  7a.
     
  In order to promote energy efficiency, national regulatory authorities shall mandate electricity undertakings to introduce pricing formulas which increase in the case of greater levels of consumption and shall ensure the active participation of customers and distribution system operators in system operations by supporting the introduction of measures to optimise the use of energy, particularly during peak hours. Such pricing formulas, combined with the introduction of smart metres and grids, shall promote energy efficiency behaviour and the lowest possible costs for household customers, in particular household customers suffering energy poverty
  .


  7b.
     
  Member States shall ensure the provision of single points of contact to provide consumers with all necessary information concerning their rights, current legislation and the means of redress available to them in the event of a dispute.
  ’ |
| --- | --- |

(h)

the following paragraphs shall be inserted after paragraph 7
  :

‘
  7a.
     
  In order to promote energy efficiency, national regulatory authorities shall mandate electricity undertakings to introduce pricing formulas which increase in the case of greater levels of consumption and shall ensure the active participation of customers and distribution system operators in system operations by supporting the introduction of measures to optimise the use of energy, particularly during peak hours. Such pricing formulas, combined with the introduction of smart metres and grids, shall promote energy efficiency behaviour and the lowest possible costs for household customers, in particular household customers suffering energy poverty
  .

7b.
     
  Member States shall ensure the provision of single points of contact to provide consumers with all necessary information concerning their rights, current legislation and the means of redress available to them in the event of a dispute.
  ’

| (i) | the following paragraphs shall be added
  :
  ‘
  9a.
     
  The Commission shall establish, in consultation with relevant stakeholders including the national regulatory authorities, consumer organisations and social partners, a charter listing the rights of energy consumers set out in Community law including in this Directive. Member States shall ensure that energy suppliers take the necessary steps to communicate to all their consumers a copy of that charter and ensure that it is publicly available. National regulatory authorities shall ensure that energy suppliers fulfil those obligations and comply with the consumer rights set out in the charter.




  9b.
     
  In order to help consumers to reduce their energy costs, Member States may require that electricity revenues from household customers be spent to fund energy efficiency and demand-side measurement programmes for household customers.
  ’ |
| --- | --- |

(i)

the following paragraphs shall be added
  :

‘
  9a.
     
  The Commission shall establish, in consultation with relevant stakeholders including the national regulatory authorities, consumer organisations and social partners, a charter listing the rights of energy consumers set out in Community law including in this Directive. Member States shall ensure that energy suppliers take the necessary steps to communicate to all their consumers a copy of that charter and ensure that it is publicly available. National regulatory authorities shall ensure that energy suppliers fulfil those obligations and comply with the consumer rights set out in the charter.

9b.
     
  In order to help consumers to reduce their energy costs, Member States may require that electricity revenues from household customers be spent to fund energy efficiency and demand-side measurement programmes for household customers.
  ’

| (4) | Article 4 shall be replaced by the following:


  ‘
  Member States shall ensure the monitoring of security of supply issues. Where Member States consider it appropriate, they may delegate this task to the national regulatory authorities referred to in Article 23(1). This monitoring shall, in particular, cover the supply/demand balance on the national market, including detailed forecast of future demand and available supplies, envisaged additional capacity being planned or under construction, and the quality and level of maintenance of the networks, the access of distributed and micro generation, as well as measures to cover peak demand and to deal with shortfalls of one or more suppliers. The competent authorities shall publish by 31 July each year at the latest a report outlining the findings resulting from the monitoring of these issues, as well as any measures taken or envisaged to address them and shall forward this report to the Commission forthwith.
  ’ |
| --- | --- |

(4)

Article 4 shall be replaced by the following:

‘
  Member States shall ensure the monitoring of security of supply issues. Where Member States consider it appropriate, they may delegate this task to the national regulatory authorities referred to in Article 23(1). This monitoring shall, in particular, cover the supply/demand balance on the national market, including detailed forecast of future demand and available supplies, envisaged additional capacity being planned or under construction, and the quality and level of maintenance of the networks, the access of distributed and micro generation, as well as measures to cover peak demand and to deal with shortfalls of one or more suppliers. The competent authorities shall publish by 31 July each year at the latest a report outlining the findings resulting from the monitoring of these issues, as well as any measures taken or envisaged to address them and shall forward this report to the Commission forthwith.
  ’

| (5) | In Article 5, the following paragraph shall be inserted before the existing paragraph
  :
  ‘
  National regulatory authorities shall ensure that technical operational criteria are defined and that technical rules establishing adequate reliability and security levels and operational requirements for the operation of generating installations, distribution systems, directly connected consumer equipment, interconnector circuits and direct lines are developed and made public. Those technical rules shall ensure the interoperability of systems and shall be objective and non-discriminatory. Where the Agency considers that harmonisation of these rules is required, it shall make appropriate recommendations to the respective national regulatory authorities.
  ’ |
| --- | --- |

(5)

In Article 5, the following paragraph shall be inserted before the existing paragraph
  :

‘
  National regulatory authorities shall ensure that technical operational criteria are defined and that technical rules establishing adequate reliability and security levels and operational requirements for the operation of generating installations, distribution systems, directly connected consumer equipment, interconnector circuits and direct lines are developed and made public. Those technical rules shall ensure the interoperability of systems and shall be objective and non-discriminatory. Where the Agency considers that harmonisation of these rules is required, it shall make appropriate recommendations to the respective national regulatory authorities.
  ’

| (6) | The following article shall be inserted:

  ‘Article 5a


  Promotion of Regional Cooperation



  1.
     
  National regulatory authorities
  shall cooperate among themselves for the purpose of
  harmonising the market design and
  integrating their national markets at least at
  one or more
  regional
  levels, as a first step towards a fully liberalised internal market for electricity
  . In particular,
  they
  shall promote the cooperation of network operators at a regional level and
  facilitate their integration at that level with the aim of creating a competitive European market, facilitating the harmonisation
  of their legal, regulatory
  and technical
  framework
  and, above all, integrating the electricity islands that persist in the European Union. Member States shall therefore promote cross-border and regional cooperation among national regulatory authorities
  .


  2.
     
  The Agency shall cooperate with national regulatory authorities and transmission system operators in accordance with Chapter IV to ensure the convergence of regulatory frameworks between the regions with the aim of creating a competitive European market. Where the Agency considers that binding rules on such cooperation are required, it shall make appropriate recommendations. In regional markets the Agency shall be deemed to become the competent authority in the areas specified in Article 22d.
  ’ |
| --- | --- |

(6)

The following article shall be inserted:

‘Article 5a

Promotion of Regional Cooperation

1.
     
  National regulatory authorities
  shall cooperate among themselves for the purpose of
  harmonising the market design and
  integrating their national markets at least at
  one or more
  regional
  levels, as a first step towards a fully liberalised internal market for electricity
  . In particular,
  they
  shall promote the cooperation of network operators at a regional level and
  facilitate their integration at that level with the aim of creating a competitive European market, facilitating the harmonisation
  of their legal, regulatory
  and technical
  framework
  and, above all, integrating the electricity islands that persist in the European Union. Member States shall therefore promote cross-border and regional cooperation among national regulatory authorities
  .

2.
     
  The Agency shall cooperate with national regulatory authorities and transmission system operators in accordance with Chapter IV to ensure the convergence of regulatory frameworks between the regions with the aim of creating a competitive European market. Where the Agency considers that binding rules on such cooperation are required, it shall make appropriate recommendations. In regional markets the Agency shall be deemed to become the competent authority in the areas specified in Article 22d.
  ’

| (7) | Article 6(2) shall be amended as follows
  :








  (a) | the introductory part shall be replaced by the following:


  ‘
  2.
     
  Member States shall lay down the criteria for the granting of authorisations for the construction of generating capacity in their territory. These criteria shall relate to:
  ’ |
| --- | --- | --- |

(7)

Article 6(2) shall be amended as follows
  :

(a)

the introductory part shall be replaced by the following:

‘
  2.
     
  Member States shall lay down the criteria for the granting of authorisations for the construction of generating capacity in their territory. These criteria shall relate to:
  ’

| (b) | the following points shall be added:








  ‘
  (ia) | the Member States’ contribution to meeting a target of 20 % for renewables by 2020; |
| --- | --- | --- |

(b)

the following points shall be added:

‘
  (ia)

the Member States’ contribution to meeting a target of 20 % for renewables by 2020;

| (ib) | the need for electricity generators to take account of the EU emission trading scheme.
  ’ |
| --- | --- |

(ib)

the need for electricity generators to take account of the EU emission trading scheme.
  ’

| (8) | Article 6(3) shall be replaced by the following:


  ‘
  3.
     
  Member States shall ensure that small decentralised and/or distributed generators shall benefit from simplified authorisation procedures. Those simplified procedures should apply to all facilities generating less than 50 MW and to all embedded generators.
  ’ |
| --- | --- |

(8)

Article 6(3) shall be replaced by the following:

‘
  3.
     
  Member States shall ensure that small decentralised and/or distributed generators shall benefit from simplified authorisation procedures. Those simplified procedures should apply to all facilities generating less than 50 MW and to all embedded generators.
  ’

| (9) | Article 7(5) shall be replaced by the following:


  ‘
  5.
     
  Member States shall designate an authority or a public body or a private body independent from electricity generation, transmission, distribution and supply activities, which may be a national regulatory authority referred to in Article 22a(1), to be responsible for the organisation, monitoring and control of the tendering procedure referred to in paragraphs 1 to 4. This authority or body shall take all necessary steps to ensure confidentiality of the information contained in the tenders.
  ’ |
| --- | --- |

(9)

Article 7(5) shall be replaced by the following:

‘
  5.
     
  Member States shall designate an authority or a public body or a private body independent from electricity generation, transmission, distribution and supply activities, which may be a national regulatory authority referred to in Article 22a(1), to be responsible for the organisation, monitoring and control of the tendering procedure referred to in paragraphs 1 to 4. This authority or body shall take all necessary steps to ensure confidentiality of the information contained in the tenders.
  ’

| 10. | Article 8 shall be replaced by the following:

  ‘Article 8


  Unbundling of transmission systems and transmission system operators

  1.   Member States shall ensure that as from [date of transposition plus one year]:






  (a) | each undertaking which owns a transmission system acts as a transmission system operator; |
| --- | --- | --- |

10.

Article 8 shall be replaced by the following:

‘Article 8

Unbundling of transmission systems and transmission system operators

1.   Member States shall ensure that as from [date of transposition plus one year]:

(a)

each undertaking which owns a transmission system acts as a transmission system operator;

| (b) | the same person or ║ persons are not entitled
  , either individually or jointly
  :






  (i) | ║ directly or indirectly to exercise control over an undertaking performing any of the functions of generation or supply, and directly or indirectly to exercise control or hold any interest in or exercise any right over a transmission system operator, ▐
  or |
| --- | --- | --- |

(b)

the same person or ║ persons are not entitled
  , either individually or jointly
  :

(i)

║ directly or indirectly to exercise control over an undertaking performing any of the functions of generation or supply, and directly or indirectly to exercise control or hold any interest in or exercise any right over a transmission system operator, ▐

or

| (ii) | ║ directly or indirectly to exercise control over a transmission system operator ▐, and ║ directly or indirectly to exercise control or hold any interest in or exercise any right over an undertaking performing any of the functions of generation or supply; |
| --- | --- |

(ii)

║ directly or indirectly to exercise control over a transmission system operator ▐, and ║ directly or indirectly to exercise control or hold any interest in or exercise any right over an undertaking performing any of the functions of generation or supply;

| (c) | the same person or ║ persons are not entitled to appoint members of the supervisory board, the administrative board or bodies legally representing the undertaking, of a transmission system operator ▐, and ║ directly or indirectly to exercise control or hold any interest in or exercise any right over an undertaking performing any of the functions of generation or supply; |
| --- | --- |

(c)

the same person or ║ persons are not entitled to appoint members of the supervisory board, the administrative board or bodies legally representing the undertaking, of a transmission system operator ▐, and ║ directly or indirectly to exercise control or hold any interest in or exercise any right over an undertaking performing any of the functions of generation or supply;

| (d) | the same person is not entitled to be a member of the supervisory board, the administrative board or bodies legally representing the undertaking, of both an undertaking performing any of the functions of generation or supply and a transmission system operator or a transmission system
  ; |
| --- | --- |

(d)

the same person is not entitled to be a member of the supervisory board, the administrative board or bodies legally representing the undertaking, of both an undertaking performing any of the functions of generation or supply and a transmission system operator or a transmission system
  ;

| (e) | the same person or persons are not entitled to operate the transmission system via a management contract or exercise influence in any other way of non-ownership, or to directly or indirectly exercise control or hold any interest in or exercise any right over an undertaking performing any of the functions of generation or supply. |
| --- | --- |

(e)

the same person or persons are not entitled to operate the transmission system via a management contract or exercise influence in any other way of non-ownership, or to directly or indirectly exercise control or hold any interest in or exercise any right over an undertaking performing any of the functions of generation or supply.

2.   The interests and rights referred to in paragraph 1(b) shall include, in particular:

| (a) | the ownership of part of the capital or of the business assets; ║ |
| --- | --- |

(a)

the ownership of part of the capital or of the business assets; ║

| (b) | the power to exercise voting rights; ║ |
| --- | --- |

(b)

the power to exercise voting rights; ║

| (c) | the power to appoint members of the supervisory board, the administrative board or bodies legally representing the undertaking; or |
| --- | --- |

(c)

the power to appoint members of the supervisory board, the administrative board or bodies legally representing the undertaking; or

| (d) | the right to obtain dividends or other shares of the benefits. |
| --- | --- |

(d)

the right to obtain dividends or other shares of the benefits.

3.   For the purpose of paragraph 1(b), the term“undertaking performing any of the functions of generation or supply” shall cover “undertaking performing any of the functions of production or supply” within the meaning of Directive 2003/55/EC ║, and the terms “transmission system operator” and “transmission system” shall cover “transmission system operator” and “transmission system” within the meaning of Directive 2003/55/EC.

4.
     
  sMember States shall monitor the process of unbundling vertically integrated undertakings and shall submit a report to the Commission on the progress achieved.

5.   Member States may allow for derogations from paragraphs 1(b) and 1(c) until [date of transposition plus two years], provided that transmission system operators are not part of a vertically integrated undertaking.

6.   The obligation set out in paragraph 1(a) is deemed to be fulfilled in a situation where several undertakings which own transmission systems have created a joint venture which acts as a transmission system operator in several Member States for the transmission systems concerned. ▐

7.
     
  Where a person referred to in paragraph 1(b) to (e) is a Member State or a public body, two separate public bodies exercising control over either a transmission system operator or a transmission system on the one hand and an undertaking performing any of the functions of generation or supply on the other, shall be deemed not to be the same person or persons.

8.   Member States shall ensure that commercially sensitive information referred to in Article 12 held by a transmission system operator which was part of a vertically integrated undertaking, and the staff of such a transmission system operator, are not transferred to undertakings performing any of the functions of generation and supply.’

| (11) | The following articles shall be inserted:

  ‘Article 8a


  Control over transmission system owners and transmission system operators

  1.   Without prejudice to the international obligations of the Community, transmission systems or transmission system operators shall not be controlled by a person or persons from third countries.
  2.   An agreement concluded with one or several third countries to which the Community is a party may allow for a derogation from paragraph 1.
  Article 8b


  Designation and certification of transmission system operators

  1.   Undertakings which own a transmission system and which have been certified by the national regulatory authority as having complied with the requirements of Article 8(1) and Article 8a, pursuant to the certification procedure set out in this Article, shall be approved and designated as transmission system operators by Member States. The designation of transmission system operators shall be notified to the Commission and published in the Official Journal of the European Union.
  2.   Without prejudice to the international obligations of the Community, where certification is requested by a transmission system owner or transmission system operator controlled by a person or persons from third countries in compliance with Article 8a, it shall be refused unless the transmission system owner or transmission system operator demonstrate that there is no possibility for the entity concerned to be influenced, in breach of Article 8(1), directly or indirectly by any operator active in the production or supply of gas or electricity or by a third country.
  3.   Transmission system operators shall notify ║ the national regulatory authority of any planned transaction which may require a reassessment of their compliance with Article 8(1) or Article 8a.
  4.   National regulatory authorities shall monitor the continuing compliance of transmission system operators with Article 8(1) and Article 8a. They shall open a certification procedure to ensure such compliance:






  (a) | upon notification by the transmission system operator pursuant to paragraph 3; |
| --- | --- | --- |

(11)

The following articles shall be inserted:

‘Article 8a

Control over transmission system owners and transmission system operators

1.   Without prejudice to the international obligations of the Community, transmission systems or transmission system operators shall not be controlled by a person or persons from third countries.

2.   An agreement concluded with one or several third countries to which the Community is a party may allow for a derogation from paragraph 1.

Article 8b

Designation and certification of transmission system operators

1.   Undertakings which own a transmission system and which have been certified by the national regulatory authority as having complied with the requirements of Article 8(1) and Article 8a, pursuant to the certification procedure set out in this Article, shall be approved and designated as transmission system operators by Member States. The designation of transmission system operators shall be notified to the Commission and published in the Official Journal of the European Union.

2.   Without prejudice to the international obligations of the Community, where certification is requested by a transmission system owner or transmission system operator controlled by a person or persons from third countries in compliance with Article 8a, it shall be refused unless the transmission system owner or transmission system operator demonstrate that there is no possibility for the entity concerned to be influenced, in breach of Article 8(1), directly or indirectly by any operator active in the production or supply of gas or electricity or by a third country.

3.   Transmission system operators shall notify ║ the national regulatory authority of any planned transaction which may require a reassessment of their compliance with Article 8(1) or Article 8a.

4.   National regulatory authorities shall monitor the continuing compliance of transmission system operators with Article 8(1) and Article 8a. They shall open a certification procedure to ensure such compliance:

(a)

upon notification by the transmission system operator pursuant to paragraph 3;

| (b) | on their own initiative where they have knowledge that a planned change in rights or influence over transmission system owners or transmission system operators may lead to an infringement of Article 8(1) or Article 8a, or where they have reason to believe that such an infringement may have occurred; or |
| --- | --- |

(b)

on their own initiative where they have knowledge that a planned change in rights or influence over transmission system owners or transmission system operators may lead to an infringement of Article 8(1) or Article 8a, or where they have reason to believe that such an infringement may have occurred; or

| (c) | upon reasoned request from the Commission. |
| --- | --- |

(c)

upon reasoned request from the Commission.

5.   The national regulatory authorities shall adopt a decision on the certification of a transmission system operator within four months from the date of the notification by the transmission system operator or from the date of the Commission request. After expiry of this period, the certification is deemed to be granted. The explicit or tacit decision of the national regulatory authority may become effective only after the conclusion of the procedure set out in paragraphs 6 to 9 and only if the Commission fails to raise objections against it.

6.   The explicit or tacit decision on the certification of a transmission system operator shall be notified without delay to the Commission by the national regulatory authority, together with all the relevant information with respect to the decision.

7.   The Commission shall examine the notification as soon as it is received. Within two months after receiving a notification, where the Commission finds that the decision of thenational regulatory authority raises serious doubts as to its compatibility with Article 8(1), Article 8a or Article 8b(2), it shall decide to initiate proceedings. In such a case, it shall invite the national regulatory authority and the transmission system operator concerned to submit comments. Where additional information is sought by the Commission, the two-month-period may be extended by two additional months starting from the receipt of the complete information.

8.   Where the Commission has decided to initiate proceedings, it shall, within ║ four months of the date of that decision, issue a final decision:

| (a) | not to raise objections against the decision of the national regulatory authority;
  or |
| --- | --- |

(a)

not to raise objections against the decision of the national regulatory authority;

or

| (b) | requiring the national regulatory authority concerned to amend or withdraw its decision if it considers that Article 8(1), Article 8a or Article 8b(2) have not been complied with. |
| --- | --- |

(b)

requiring the national regulatory authority concerned to amend or withdraw its decision if it considers that Article 8(1), Article 8a or Article 8b(2) have not been complied with.

9.   Where the Commission has not taken a decision to initiate proceedings or a final decision within the time-limits set in paragraphs 7 and 8 respectively, it shall be deemed not to have raised objections against the decision of the national regulatory authority.

10.   The national regulatory authority shall comply with the Commission decision to amend or withdraw the certification decision within a period of four weeks and shall inform the Commission accordingly.

11.   National regulatory authorities and the Commission may request from transmission system operators and undertakings performing any of the functions of generation or supply any information relevant for the fulfillment of their tasks under this Article.

12.   National regulatory authorities and the Commission shall preserve the confidentiality of commercially sensitive information.’

▐

| (12) | Article 9 ▐ shall be amended as follows:







  (a) | point (a) shall be replaced by the following:







  ‘(a) | ensuring the long-term ability of the system to meet reasonable demands for the transmission of electricity, operating, maintaining and developing under economic conditions secure, reliable and efficient transmission systems with due regard to the environment, ▐ with respect to
  integrating
  renewables,
  embedded generation
  and low carbon technology
  in the grid system, and promotion of energy efficiency and research and innovation
  ;’ |
| --- | --- | --- | --- |

(12)

Article 9 ▐ shall be amended as follows:

(a)

point (a) shall be replaced by the following:

‘(a)

ensuring the long-term ability of the system to meet reasonable demands for the transmission of electricity, operating, maintaining and developing under economic conditions secure, reliable and efficient transmission systems with due regard to the environment, ▐ with respect to
  integrating
  renewables,
  embedded generation
  and low carbon technology
  in the grid system, and promotion of energy efficiency and research and innovation
  ;’

| (b) | point (c) shall be replaced by the following:








  ‘
  (c) | managing energy flows on the system, taking into account exchanges with other interconnected systems and common standards coordinated at European level. To that end, the transmission system operator shall be responsible for ensuring a secure, reliable and efficient electricity system and, in that context, for ensuring the availability of all necessary ancillary services, including those provided by demand response based on common standards insofar as this availability is independent from any other transmission system with which its system is interconnected;
  ’ |
| --- | --- | --- |

(b)

point (c) shall be replaced by the following:

‘
  (c)

managing energy flows on the system, taking into account exchanges with other interconnected systems and common standards coordinated at European level. To that end, the transmission system operator shall be responsible for ensuring a secure, reliable and efficient electricity system and, in that context, for ensuring the availability of all necessary ancillary services, including those provided by demand response based on common standards insofar as this availability is independent from any other transmission system with which its system is interconnected;
  ’

| (c) | point (d) shall be replaced by the following:








  ‘
  (d) | providing to the operator of any other system with which its system is interconnected sufficient information to ensure the secure and efficient operation and the interoperability of the interconnected system, making common use of this information;
  ’ |
| --- | --- | --- |

(c)

point (d) shall be replaced by the following:

‘
  (d)

providing to the operator of any other system with which its system is interconnected sufficient information to ensure the secure and efficient operation and the interoperability of the interconnected system, making common use of this information;
  ’

| (d) | point (f) shall be replaced by the following:








  ‘
  (f) | providing system users with the information they need for efficient access to the system, on the basis of common standards;
  ’ |
| --- | --- | --- |

(d)

point (f) shall be replaced by the following:

‘
  (f)

providing system users with the information they need for efficient access to the system, on the basis of common standards;
  ’

| (e) | the following point shall be added:








  ‘
  (fa) | collecting congestion rents and payments under the inter-transmission system operator compensation mechanism, in compliance with Article 3 of Regulation (EC) No 1228/2003, granting and managing third-party access and giving reasoned explanations when it denies such access, which shall be monitored by the national regulatory authorities; in carrying out their tasks under this Article transmission system operators shall primarily facilitate market integration and optimise socio-economic welfare gains.
  ’ |
| --- | --- | --- |

(e)

the following point shall be added:

‘
  (fa)

collecting congestion rents and payments under the inter-transmission system operator compensation mechanism, in compliance with Article 3 of Regulation (EC) No 1228/2003, granting and managing third-party access and giving reasoned explanations when it denies such access, which shall be monitored by the national regulatory authorities; in carrying out their tasks under this Article transmission system operators shall primarily facilitate market integration and optimise socio-economic welfare gains.
  ’

| (13) | Article 10 shall be deleted.
  ▐ |
| --- | --- |

(13)

Article 10 shall be deleted.

▐

| (14) | Article 11 shall be amended as follows
  :








  (a) | paragraph 2 shall be replaced by the following:


  ‘
  2.
     
  The dispatching of generating installations and the use of interconnectors shall be determined on the basis of criteria which shall be approved by national regulatory authorities and which must be objective, published and applied in a non-discriminatory manner which ensures the proper functioning of the internal market in electricity. They shall take into account the economic precedence of electricity from available generating installations or interconnector transfers and the technical constraints on the system.
  ’ |
| --- | --- | --- |

(14)

Article 11 shall be amended as follows
  :

(a)

paragraph 2 shall be replaced by the following:

‘
  2.
     
  The dispatching of generating installations and the use of interconnectors shall be determined on the basis of criteria which shall be approved by national regulatory authorities and which must be objective, published and applied in a non-discriminatory manner which ensures the proper functioning of the internal market in electricity. They shall take into account the economic precedence of electricity from available generating installations or interconnector transfers and the technical constraints on the system.
  ’

| (b) | paragraph 3 shall be replaced by the following:


  ‘
  3.
     
  A national regulatory authority shall require the system operator, when dispatching generating installations, to give priority to generating installations using renewable energy sources or waste or producing combined heat and power except when technical balancing requirements or the safety and reliability of the grid would be compromised.
  ’ |
| --- | --- |

(b)

paragraph 3 shall be replaced by the following:

‘
  3.
     
  A national regulatory authority shall require the system operator, when dispatching generating installations, to give priority to generating installations using renewable energy sources or waste or producing combined heat and power except when technical balancing requirements or the safety and reliability of the grid would be compromised.
  ’

| (c) | paragraph 5 shall be replaced by the following:


  ‘
  5.
     
  Member States shall, through the national regulatory authorities, require transmission system operators to comply with minimum standards for the operation, maintenance and development of the transmission system, including interconnection capacity. National regulatory authorities should be given broader powers for the purpose of ensuring consumer protection within the European Union.
  ’ |
| --- | --- |

(c)

paragraph 5 shall be replaced by the following:

‘
  5.
     
  Member States shall, through the national regulatory authorities, require transmission system operators to comply with minimum standards for the operation, maintenance and development of the transmission system, including interconnection capacity. National regulatory authorities should be given broader powers for the purpose of ensuring consumer protection within the European Union.
  ’

| (d) | the following paragraphs shall be added:


  ‘
  7a.
     
  Transmission system operators shall facilitate participation of large final customers and final customers’ aggregators in reserve and balancing markets. Whenever generation and demand bids have the same price, priority shall be given to demand.




  7b.
     
  National regulatory authorities shall ensure that balancing rules and tariffs are appropriately harmonised throughout all Member States by ... (11). In particular, they shall ensure that large final customers, final customers’ aggregators and distributed generators are able to effectively contribute to balancing and other relevant ancillary services. |
| --- | --- |

(d)

the following paragraphs shall be added:

‘
  7a.
     
  Transmission system operators shall facilitate participation of large final customers and final customers’ aggregators in reserve and balancing markets. Whenever generation and demand bids have the same price, priority shall be given to demand.

7b.
     
  National regulatory authorities shall ensure that balancing rules and tariffs are appropriately harmonised throughout all Member States by ... (11). In particular, they shall ensure that large final customers, final customers’ aggregators and distributed generators are able to effectively contribute to balancing and other relevant ancillary services.

| (15) | Article 12 shall be replaced by the following:

  ‘Article 12


  Confidentiality for transmission system operators and transmission system owners

  1.   Without prejudice to Article 18 or any other legal duty to disclose information, each transmission system operator and transmission system owners shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its business, and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner, and in particular shall not disclose any commercially sensitive information to the remaining parts of the company, unless this is necessary for carrying out a business transaction. In order to ensure the full respect of the rules on information unbundling it must also be ensured that the transmission system owner and the remaining part of the company do not use joint services, apart from purely administrative or IT functions (e.g. no joint legal service).
  2.   Transmission system operators shall not, in the context of sales or purchases of electricity by related undertakings, abuse commercially sensitive information obtained from third parties in the context of providing or negotiating access to the system.


  3.
     
  Commercial information of essential importance to competition in the market, and in particular information enabling the point of delivery to be identified, information on installed capacity and information on subscribed capacity, shall be accessible to all electricity suppliers on the market. Where necessary, the national regulatory authority shall require incumbents to supply such information to the persons concerned.
  ’ |
| --- | --- |

(15)

Article 12 shall be replaced by the following:

‘Article 12

Confidentiality for transmission system operators and transmission system owners

1.   Without prejudice to Article 18 or any other legal duty to disclose information, each transmission system operator and transmission system owners shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its business, and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner, and in particular shall not disclose any commercially sensitive information to the remaining parts of the company, unless this is necessary for carrying out a business transaction. In order to ensure the full respect of the rules on information unbundling it must also be ensured that the transmission system owner and the remaining part of the company do not use joint services, apart from purely administrative or IT functions (e.g. no joint legal service).

2.   Transmission system operators shall not, in the context of sales or purchases of electricity by related undertakings, abuse commercially sensitive information obtained from third parties in the context of providing or negotiating access to the system.

3.
     
  Commercial information of essential importance to competition in the market, and in particular information enabling the point of delivery to be identified, information on installed capacity and information on subscribed capacity, shall be accessible to all electricity suppliers on the market. Where necessary, the national regulatory authority shall require incumbents to supply such information to the persons concerned.
  ’

| (16) | Article 14 shall be amended as follows:










  (a) | paragraph 1 shall be replaced by the following:


  ‘
  1.
     
  The distribution system operator shall be responsible for ensuring the long-term ability of the system to meet reasonable demands for the distribution of electricity, for operating, maintaining and developing under economic conditions of a secure, reliable and efficient electricity distribution system in its area with due regard for the environment, and for promoting energy efficiency.;
  ’ |
| --- | --- | --- |

(16)

Article 14 shall be amended as follows:

(a)

paragraph 1 shall be replaced by the following:

‘
  1.
     
  The distribution system operator shall be responsible for ensuring the long-term ability of the system to meet reasonable demands for the distribution of electricity, for operating, maintaining and developing under economic conditions of a secure, reliable and efficient electricity distribution system in its area with due regard for the environment, and for promoting energy efficiency.;
  ’

| (b) | paragraph 3 shall be replaced by the following:


  ‘
  3.
     
  The distribution system operator shall provide system users with the information they need for efficient access to and use of the system.
  ’ |
| --- | --- |

(b)

paragraph 3 shall be replaced by the following:

‘
  3.
     
  The distribution system operator shall provide system users with the information they need for efficient access to and use of the system.
  ’

| (c) | the following paragraphs shall be inserted after paragraph 3
  :
  ‘
  3a.
     
  The distribution system operator shall submit to the relevant national regulatory authority, by ... (12) a proposal describing the appropriate information and communication systems to be implemented in order to provide the information referred to in paragraph 3. That proposal shall facilitate, inter alia, the use of bi-directional electronic meters, which shall be rolled out to all consumers by ... (13), the active participation of final customers and distributed generators in system operation and the flow of real-time information between distribution and transmission system operators with the aim of optimising the use of all available generation, network and demand resources.




  3b.
     
  By ... (14) national regulatory authorities shall approve or reject the proposals referred to in paragraph 3a. National regulatory authorities shall ensure the full interoperability of the information and communication systems to be implemented. For this purpose, they may issue guidelines and call for the amendment of the proposals referred to in paragraph 3a.




  3c.
     
  Prior to notification to the distribution system operator of its decision concerning the proposal referred to in paragraph 3a, the national regulatory authority shall inform the Agency or, if it is not yet in operation, the Commission. The Agency or the Commission shall ensure that the information and communication systems to be implemented facilitate the development of the internal electricity market and do not introduce any new technical barriers. |
| --- | --- |

(c)

the following paragraphs shall be inserted after paragraph 3
  :

‘
  3a.
     
  The distribution system operator shall submit to the relevant national regulatory authority, by ... (12) a proposal describing the appropriate information and communication systems to be implemented in order to provide the information referred to in paragraph 3. That proposal shall facilitate, inter alia, the use of bi-directional electronic meters, which shall be rolled out to all consumers by ... (13), the active participation of final customers and distributed generators in system operation and the flow of real-time information between distribution and transmission system operators with the aim of optimising the use of all available generation, network and demand resources.

3b.
     
  By ... (14) national regulatory authorities shall approve or reject the proposals referred to in paragraph 3a. National regulatory authorities shall ensure the full interoperability of the information and communication systems to be implemented. For this purpose, they may issue guidelines and call for the amendment of the proposals referred to in paragraph 3a.

3c.
     
  Prior to notification to the distribution system operator of its decision concerning the proposal referred to in paragraph 3a, the national regulatory authority shall inform the Agency or, if it is not yet in operation, the Commission. The Agency or the Commission shall ensure that the information and communication systems to be implemented facilitate the development of the internal electricity market and do not introduce any new technical barriers.

| (d) | the following paragraph shall be inserted after paragraph 4
  :
  ‘
  4a.
     
  Member States shall encourage the modernisation of distribution networks which shall be built in a way that encourages decentralised generation and ensures energy efficiency.
  ’ |
| --- | --- |

(d)

the following paragraph shall be inserted after paragraph 4
  :

‘
  4a.
     
  Member States shall encourage the modernisation of distribution networks which shall be built in a way that encourages decentralised generation and ensures energy efficiency.
  ’

| (17) | Article 15 shall be amended as follows:






  (a) | in paragraph 2(c), the following sentence shall be added after the first sentence:
  ‘In order to fulfill these tasks, the distribution system operator shall have at its disposal the necessary resources including human, technical, financial and physical.’ |
| --- | --- | --- |

(17)

Article 15 shall be amended as follows:

(a)

in paragraph 2(c), the following sentence shall be added after the first sentence:

‘In order to fulfill these tasks, the distribution system operator shall have at its disposal the necessary resources including human, technical, financial and physical.’

| (b) | paragraph 2(d) shall be amended as follows:






  (i) | the last sentence shall be amended as follows:
  ‘An annual report, setting out the measures taken, shall be submitted by the person or body responsible for monitoring the compliance programme, hereinafter referred to as “compliance officer”, to the national regulatory authority referred to in Article 22a(1) and shall be published.’ |
| --- | --- | --- |

(b)

paragraph 2(d) shall be amended as follows:

(i)

the last sentence shall be amended as follows:

‘An annual report, setting out the measures taken, shall be submitted by the person or body responsible for monitoring the compliance programme, hereinafter referred to as “compliance officer”, to the national regulatory authority referred to in Article 22a(1) and shall be published.’

| (ii) | the following sentence shall be added:
  ‘The compliance officer shall be fully independent and shall have access to all the necessary information of the distribution system operator and any affiliated companies to fulfill his task.’ |
| --- | --- |

(ii)

the following sentence shall be added:

‘The compliance officer shall be fully independent and shall have access to all the necessary information of the distribution system operator and any affiliated companies to fulfill his task.’

| (c) | the following paragraph shall be added:
  ‘3.   Where the distribution system operator is part of a vertically integrated undertaking,
  national regulatory authorities
  shall ensure that the activities of the distribution system operator is monitored so that it cannot take advantage of its vertical integration to distort competition. In particular, vertically integrated distribution system operators shall not, in their communication and branding, create confusion in respect of the separate identity of the supply branch of the vertically integrated undertaking.’ |
| --- | --- |

(c)

the following paragraph shall be added:

‘3.   Where the distribution system operator is part of a vertically integrated undertaking,
  national regulatory authorities
  shall ensure that the activities of the distribution system operator is monitored so that it cannot take advantage of its vertical integration to distort competition. In particular, vertically integrated distribution system operators shall not, in their communication and branding, create confusion in respect of the separate identity of the supply branch of the vertically integrated undertaking.’

▐

| (18) | Article 17 shall be replaced by the following:
  ‘This directive shall not prevent the operation of a combined transmission and distribution system operator provided it complies, for each of its activities, with the applicable provisions of Article 8, Article 10b and Article 15(1).’ |
| --- | --- |

(18)

Article 17 shall be replaced by the following:

‘This directive shall not prevent the operation of a combined transmission and distribution system operator provided it complies, for each of its activities, with the applicable provisions of Article 8, Article 10b and Article 15(1).’

| (19) | Article 19(3) shall be replaced by the following:


  ‘
  3.
     
  Electricity undertakings shall, in their internal accounting, keep separate accounts for each of their transmission and distribution activities as they would be required to do if the activities in question were carried out by separate undertakings, with a view to avoiding discrimination, cross-subsidisation and distortion of competition. They shall also keep accounts, which may be consolidated, for each electricity activity not relating to transmission or distribution. Until 1 July 2007, they shall keep separate accounts for supply activities for eligible customers and supply activities for non-eligible customers. Revenue from ownership of the transmission/distribution system shall be specified in the accounts. Where appropriate, they shall keep consolidated accounts for other, non-electricity activities. The internal accounts shall include a balance sheet and a profit and loss account for each activity.
  ’ |
| --- | --- |

(19)

Article 19(3) shall be replaced by the following:

‘
  3.
     
  Electricity undertakings shall, in their internal accounting, keep separate accounts for each of their transmission and distribution activities as they would be required to do if the activities in question were carried out by separate undertakings, with a view to avoiding discrimination, cross-subsidisation and distortion of competition. They shall also keep accounts, which may be consolidated, for each electricity activity not relating to transmission or distribution. Until 1 July 2007, they shall keep separate accounts for supply activities for eligible customers and supply activities for non-eligible customers. Revenue from ownership of the transmission/distribution system shall be specified in the accounts. Where appropriate, they shall keep consolidated accounts for other, non-electricity activities. The internal accounts shall include a balance sheet and a profit and loss account for each activity.
  ’

| (20) | Article 20(2) shall be replaced by the following:


  ‘
  2.
     
  The operator of a transmission or distribution system may refuse access where it lacks the necessary physically available capacity. Reasons based on objective, technically and economically justified criteria shall be given for such refusal of access. The national regulatory authority shall ensure that those criteria are consistently applied and that the system user who has been refused access has a right of appeal. The national regulatory authority shall ensure, where appropriate and when refusal of access takes place, that the transmission or distribution system operator provides relevant information on measures that would be necessary to reinforce the network. The party requesting such information may be charged a reasonable fee reflecting the cost of providing such information.
  ’ |
| --- | --- |

(20)

Article 20(2) shall be replaced by the following:

‘
  2.
     
  The operator of a transmission or distribution system may refuse access where it lacks the necessary physically available capacity. Reasons based on objective, technically and economically justified criteria shall be given for such refusal of access. The national regulatory authority shall ensure that those criteria are consistently applied and that the system user who has been refused access has a right of appeal. The national regulatory authority shall ensure, where appropriate and when refusal of access takes place, that the transmission or distribution system operator provides relevant information on measures that would be necessary to reinforce the network. The party requesting such information may be charged a reasonable fee reflecting the cost of providing such information.
  ’

| (21) | In Article 21, the following paragraphs shall be added:


  ‘
  2a.
     
  Eligible customers shall have the right to contract simultaneously with several suppliers.




  2b.
     
  The Agency shall perform real-time monitoring of all organised wholesale electricity markets established in the European Union, the European Economic Area and neighbouring countries in order to detect abuses of market power or market-design flaws and to promote the efficient functioning of the internal market.
  ’ |
| --- | --- |

(21)

In Article 21, the following paragraphs shall be added:

‘
  2a.
     
  Eligible customers shall have the right to contract simultaneously with several suppliers.

2b.
     
  The Agency shall perform real-time monitoring of all organised wholesale electricity markets established in the European Union, the European Economic Area and neighbouring countries in order to detect abuses of market power or market-design flaws and to promote the efficient functioning of the internal market.
  ’

| (22) | The following chapter shall be inserted after Article 22:
  ‘CHAPTER VIIa
  NATIONAL REGULATORY AUTHORITIES

  Article 22a


  Designation and independence of national regulatory authorities

  1.   Each Member State shall designate a single national regulatory authority.
  2.   Member States shall guarantee the independence of the national regulatory authority and shall ensure that it exercises its powers impartially and transparently. For this purpose, Member State shall ensure that, when carrying out the regulatory tasks conferred upon it by this Directive
  and other relevant legislation
  , the national regulatory authority:








  (a) | is legally distinct and functionally independent from any other public or private entity; and |
| --- | --- | --- |

(22)

The following chapter shall be inserted after Article 22:

‘CHAPTER VIIa

NATIONAL REGULATORY AUTHORITIES

Article 22a

Designation and independence of national regulatory authorities

1.   Each Member State shall designate a single national regulatory authority.

2.   Member States shall guarantee the independence of the national regulatory authority and shall ensure that it exercises its powers impartially and transparently. For this purpose, Member State shall ensure that, when carrying out the regulatory tasks conferred upon it by this Directive
  and other relevant legislation
  , the national regulatory authority:

(a)

is legally distinct and functionally independent from any other public or private entity; and

| (b) | ║its staff and the persons responsible for its management act independently from any market interest, and |
| --- | --- |

(b)

║its staff and the persons responsible for its management act independently from any market interest, and

| (c) | does not seek or take
  direct
  instructions from any government or other public or private entity
  when carrying out regulatory tasks
  . |
| --- | --- |

(c)

does not seek or take
  direct
  instructions from any government or other public or private entity
  when carrying out regulatory tasks
  .

3.   In order to protect the independence of the national regulatory authority, Member States shall, in particular, ensure that:

| (a) | the national regulatory authority has legal personality,
  financial
  autonomy and adequate human and financial resources to carry out its duties; |
| --- | --- |

(a)

the national regulatory authority has legal personality,
  financial
  autonomy and adequate human and financial resources to carry out its duties;

| (b) | the members of the board of the national regulatory authority are
  appointed for a non-renewable fixed term of at least five
  but no more than seven
  years
  and that for the first mandate, that term shall be two-and-a-half years for half of the members. The members shall
  be relieved from office during
  their
  term only if
  they
  no longer
  fulfil
  the conditions set out in this Article or
  have
  been guilty of serious misconduct
  under national law; and |
| --- | --- |

(b)

the members of the board of the national regulatory authority are
  appointed for a non-renewable fixed term of at least five
  but no more than seven
  years
  and that for the first mandate, that term shall be two-and-a-half years for half of the members. The members shall
  be relieved from office during
  their
  term only if
  they
  no longer
  fulfil
  the conditions set out in this Article or
  have
  been guilty of serious misconduct
  under national law; and

| (c) | the budgetary needs of the national regulatory authority are met by direct revenues from energy market operations. |
| --- | --- |

(c)

the budgetary needs of the national regulatory authority are met by direct revenues from energy market operations.

Article 22b

Policy objectives of the national regulatory authority

In carrying out the regulatory tasks specified in this Directive, the national regulatory authority shall take all reasonable measures to achieve the following objectives:

| (a) | the promotion, in close cooperation with the Commission, the Agency, and the national regulatory authorities of other Member States ║ of a competitive, secure and environmentally sustainable internal electricity market within the Community
  ,
  effective market opening for all consumers and suppliers in the Community
  , and ensuring that energy supply networks operate in an effective, reliable way, taking into account long-term objectives
  ; |
| --- | --- |

(a)

the promotion, in close cooperation with the Commission, the Agency, and the national regulatory authorities of other Member States ║ of a competitive, secure and environmentally sustainable internal electricity market within the Community
  ,
  effective market opening for all consumers and suppliers in the Community
  , and ensuring that energy supply networks operate in an effective, reliable way, taking into account long-term objectives
  ;

| (b) | the development of competitive and properly functioning ▐ markets within the Community in view of the achievement of the objective mentioned in point (a); |
| --- | --- |

(b)

the development of competitive and properly functioning ▐ markets within the Community in view of the achievement of the objective mentioned in point (a);

| (c) | the suppression of
  any
  restrictions to electricity trade between Member States, including the development of appropriate cross-border transmission capacities to meet demand
  and
  enhance
  the
  integration of national markets
  so as to facilitate
  unrestrained electricity flows across the Community; |
| --- | --- |

(c)

the suppression of
  any
  restrictions to electricity trade between Member States, including the development of appropriate cross-border transmission capacities to meet demand
  and
  enhance
  the
  integration of national markets
  so as to facilitate
  unrestrained electricity flows across the Community;

| (d) | the development

  , in the most cost-effective way,
  ║ of
  consumer oriented,
  secure, reliable and efficient
  grid
  systems, promoting ▐ system adequacy,
  while ensuring energy efficiency and the integration of large and small-scale renewable energy and ensuring distributed generation
  in both
  transmission and distribution grids
  ; |
| --- | --- |

(d)

the development

  , in the most cost-effective way,
  ║ of
  consumer oriented,
  secure, reliable and efficient
  grid
  systems, promoting ▐ system adequacy,
  while ensuring energy efficiency and the integration of large and small-scale renewable energy and ensuring distributed generation
  in both
  transmission and distribution grids
  ;

| (e) | facilitating access to the grid for new generation capacity, in particular removing barriers that could prevent access for new market entrants and renewable energies; |
| --- | --- |

(e)

facilitating access to the grid for new generation capacity, in particular removing barriers that could prevent access for new market entrants and renewable energies;

| (f) | ensuring that network operators are granted adequate incentives, in both the short and the long term, to increase efficiencies in network performance and foster market integration; |
| --- | --- |

(f)

ensuring that network operators are granted adequate incentives, in both the short and the long term, to increase efficiencies in network performance and foster market integration;

| (g) | ensuring
  that customers benefit through
  the efficient functioning of their national market,
  ensuring consumer protection and promoting
  effective competition in cooperation with competition authorities
  ; |
| --- | --- |

(g)

ensuring
  that customers benefit through
  the efficient functioning of their national market,
  ensuring consumer protection and promoting
  effective competition in cooperation with competition authorities
  ;

| (h) | helping to achieve high standards of universal and public service in electricity supply, contributing to the protection of vulnerable customers, and helping to ensure that the consumer protection measures set out in Annex A are effective; and |
| --- | --- |

(h)

helping to achieve high standards of universal and public service in electricity supply, contributing to the protection of vulnerable customers, and helping to ensure that the consumer protection measures set out in Annex A are effective; and

| (i) | harmonising necessary data exchange processes. |
| --- | --- |

(i)

harmonising necessary data exchange processes.

Article 22c

Duties and powers of the national regulatory authority

1.   The national regulatory authority shall have the following duties
  , which it shall carry out, where appropriate, in close consultation with other relevant Community or national bodies, transmission system operators and market stakeholders, without prejudice to their specific competencies
  :

| (a) | establishing or approving, independently and in accordance with transparent criteria, regulated network tariffs and network tariff components; |
| --- | --- |

(a)

establishing or approving, independently and in accordance with transparent criteria, regulated network tariffs and network tariff components;

| (b) | ensuring compliance of transmission and distribution system operators, and, where relevant, system owners, as well as ║ any electricity undertakings, with their obligations under this Directive and other relevant Community legislation, including as regards cross-border issues; |
| --- | --- |

(b)

ensuring compliance of transmission and distribution system operators, and, where relevant, system owners, as well as ║ any electricity undertakings, with their obligations under this Directive and other relevant Community legislation, including as regards cross-border issues;

| (c) | cooperating on cross-border issues with the national regulatory authority or authorities of other Member States
  and with the Agency, including ensuring that there is sufficient interconnection capacity between transmission infrastructures to satisfy an efficient overall market assessment and security-of-supply criterion, without discriminating between supply undertakings in different Member States
  ; |
| --- | --- |

(c)

cooperating on cross-border issues with the national regulatory authority or authorities of other Member States
  and with the Agency, including ensuring that there is sufficient interconnection capacity between transmission infrastructures to satisfy an efficient overall market assessment and security-of-supply criterion, without discriminating between supply undertakings in different Member States
  ;

| (d) | complying with, and implementing,
  any relevant binding
  decisions of the Commission and the Agency ║; |
| --- | --- |

(d)

complying with, and implementing,
  any relevant binding
  decisions of the Commission and the Agency ║;

| (e) | reporting annually on its activities and the fulfilment of its duties to the Commission, the relevant authorities of the Member States and the Agency ║. Such reports shall cover the steps taken and the results obtained as regards each of the tasks listed in this Article; |
| --- | --- |

(e)

reporting annually on its activities and the fulfilment of its duties to the Commission, the relevant authorities of the Member States and the Agency ║. Such reports shall cover the steps taken and the results obtained as regards each of the tasks listed in this Article;

| (f) | monitoring compliance with unbundling requirements under this Directive and other relevant Community legislation and
  ensuring that there are no cross subsidies between transmission, distribution, and supply activities
  as well as ensuring that distribution and transmission tariffs are set well in advance of the periods during which they are to apply
  ; |
| --- | --- |

(f)

monitoring compliance with unbundling requirements under this Directive and other relevant Community legislation and
  ensuring that there are no cross subsidies between transmission, distribution, and supply activities
  as well as ensuring that distribution and transmission tariffs are set well in advance of the periods during which they are to apply
  ;

| (g) | reviewing the investment plans of the transmission system operators, and providing in its annual report an assessment of the investment plan of the transmission system operators as regards its consistency with the European-wide 10-year network
  investment
  plan mentioned at Article 2c(1) of Regulation (EC) No 1228/2003;
  the 10-year investment plan shall create incentives for the promotion of investments, and ensure that the quality and size of the workforce are sufficient to meet service obligations; failure by the relevant operator to honour the 10-year investment plan shall result in the imposition of proportionate sanctions by the national regulatory authority on the operator in accordance with recommendations issued by the Agency; |
| --- | --- |

(g)

reviewing the investment plans of the transmission system operators, and providing in its annual report an assessment of the investment plan of the transmission system operators as regards its consistency with the European-wide 10-year network
  investment
  plan mentioned at Article 2c(1) of Regulation (EC) No 1228/2003;
  the 10-year investment plan shall create incentives for the promotion of investments, and ensure that the quality and size of the workforce are sufficient to meet service obligations; failure by the relevant operator to honour the 10-year investment plan shall result in the imposition of proportionate sanctions by the national regulatory authority on the operator in accordance with recommendations issued by the Agency;

| (h) | approving the annual investment plans of the transmission system operators; |
| --- | --- |

(h)

approving the annual investment plans of the transmission system operators;

| (i) | monitoring
  compliance with
  network security and reliability
  requirements
  ,
  setting or approving standards and requirements for quality of service and supply
  and reviewing
  past performance in terms of quality of service and supply and
  network security and reliability rules; |
| --- | --- |

(i)

monitoring
  compliance with
  network security and reliability
  requirements
  ,
  setting or approving standards and requirements for quality of service and supply
  and reviewing
  past performance in terms of quality of service and supply and
  network security and reliability rules;

| (j) | monitoring the level of transparency, ensuring compliance of electricity undertakings with transparency obligations; |
| --- | --- |

(j)

monitoring the level of transparency, ensuring compliance of electricity undertakings with transparency obligations;

| (k) | encouraging the development of European interruptible supply contracts; |
| --- | --- |

(k)

encouraging the development of European interruptible supply contracts;

| (l) | monitoring the level of
  effective
  market opening and competition at wholesale and retail levels, including on electricity exchanges, household prices, switching rates,
  adequate prepayment conditions reflecting actual consumption, connection and
  disconnection rates
  , maintenance charges
  and household complaints in an agreed format, as well as any distortion or restriction of competition in cooperation with competition authorities, including providing any relevant information, bringing any relevant cases to the attention of the relevant competition authorities; |
| --- | --- |

(l)

monitoring the level of
  effective
  market opening and competition at wholesale and retail levels, including on electricity exchanges, household prices, switching rates,
  adequate prepayment conditions reflecting actual consumption, connection and
  disconnection rates
  , maintenance charges
  and household complaints in an agreed format, as well as any distortion or restriction of competition in cooperation with competition authorities, including providing any relevant information, bringing any relevant cases to the attention of the relevant competition authorities;

| (m) | monitoring the occurrence of restrictive contractual practices, including exclusivity clauses, which may prevent non-household customers from contracting simultaneously with more than one supplier or restrict their choice to do so and, where appropriate, informing the national competition authorities of such practices; |
| --- | --- |

(m)

monitoring the occurrence of restrictive contractual practices, including exclusivity clauses, which may prevent non-household customers from contracting simultaneously with more than one supplier or restrict their choice to do so and, where appropriate, informing the national competition authorities of such practices;

| (n) | with full regard to the provisions of the Treaty, promoting agreements on a long-term basis between energy consumers and suppliers that contribute to the improvement of the energy production and distribution and, at the same time, allow consumers to share the resulting benefits, provided that such agreement can also contribute to an optimal level of investment in the energy sector; |
| --- | --- |

(n)

with full regard to the provisions of the Treaty, promoting agreements on a long-term basis between energy consumers and suppliers that contribute to the improvement of the energy production and distribution and, at the same time, allow consumers to share the resulting benefits, provided that such agreement can also contribute to an optimal level of investment in the energy sector;

| (o) | recognising contractual freedom with regard to long-term contracts and the possibility to conclude asset based contracts provided that they are compatible with Community law; |
| --- | --- |

(o)

recognising contractual freedom with regard to long-term contracts and the possibility to conclude asset based contracts provided that they are compatible with Community law;

| (p) | monitoring the time taken by transmission and distribution undertakings to make connections and repairs
  and imposing sanctions in accordance with the guidelines provided by the Agency if such connections and repairs are prolonged without due cause
  ; |
| --- | --- |

(p)

monitoring the time taken by transmission and distribution undertakings to make connections and repairs
  and imposing sanctions in accordance with the guidelines provided by the Agency if such connections and repairs are prolonged without due cause
  ;

| (q) | without prejudice to the competence of other national regulatory authorities,
  monitoring
  high standards of universal and public service for electricity
  and
  the protection of vulnerable customers ▐; |
| --- | --- |

(q)

without prejudice to the competence of other national regulatory authorities,
  monitoring
  high standards of universal and public service for electricity
  and
  the protection of vulnerable customers ▐;

| (r) | ensuring that the consumer protection measures set out in Annex A are effective and enforced; |
| --- | --- |

(r)

ensuring that the consumer protection measures set out in Annex A are effective and enforced;

| (s) | publishing recommendations, at least on a yearly basis, on compliance of supply tariffs with Article 3
  , paying due attention in those recommendations to the impact on the functioning of the market of regulated prices, namely wholesale and final customer prices
  ; |
| --- | --- |

(s)

publishing recommendations, at least on a yearly basis, on compliance of supply tariffs with Article 3
  , paying due attention in those recommendations to the impact on the functioning of the market of regulated prices, namely wholesale and final customer prices
  ;

| (t) | reporting to the national competition authorities and the Commission those Member States in which regulated tariffs are lower than the market price; |
| --- | --- |

(t)

reporting to the national competition authorities and the Commission those Member States in which regulated tariffs are lower than the market price;

| (u) | establishing standardised rules governing relationships between final customers and suppliers, distributors and metering system operators, which cover at least
  access to customer consumption data
  , including prices and any related expenditure
  , the application of
  an easily understandable
  harmonised format for
  such
  data
  , adequate prepayment that reflects actual consumption
  and
  prompt
  access
  for all customers
  to
  such
  data under paragraph (h) of Annex A; |
| --- | --- |

(u)

establishing standardised rules governing relationships between final customers and suppliers, distributors and metering system operators, which cover at least
  access to customer consumption data
  , including prices and any related expenditure
  , the application of
  an easily understandable
  harmonised format for
  such
  data
  , adequate prepayment that reflects actual consumption
  and
  prompt
  access
  for all customers
  to
  such
  data under paragraph (h) of Annex A;

| (v) | monitoring the implementation of rules relating to the roles and responsibilities of transmission system operators, distribution system operators, suppliers and customers and other market parties pursuant to Regulation (EC) 1228/2003; |
| --- | --- |

(v)

monitoring the implementation of rules relating to the roles and responsibilities of transmission system operators, distribution system operators, suppliers and customers and other market parties pursuant to Regulation (EC) 1228/2003;

| (w) | monitoring investment in generation capacities in relation to security of supply; |
| --- | --- |

(w)

monitoring investment in generation capacities in relation to security of supply;

| (x) | exercising, where appropriate, a right of veto over decisions to appoint or dismiss persons responsible for the general management of a transmission system operator; |
| --- | --- |

(x)

exercising, where appropriate, a right of veto over decisions to appoint or dismiss persons responsible for the general management of a transmission system operator;

| (y) | fixing or approving network access tariffs and publishing the methodology used to set such tariffs; |
| --- | --- |

(y)

fixing or approving network access tariffs and publishing the methodology used to set such tariffs;

| (z) | establishing or approving standards for quality of service, monitoring their implementation and imposing sanctions for non-compliance therewith; |
| --- | --- |

(z)

establishing or approving standards for quality of service, monitoring their implementation and imposing sanctions for non-compliance therewith;

| (aa) | monitoring the implementation of safeguard measures referred to in Article 24; |
| --- | --- |

(aa)

monitoring the implementation of safeguard measures referred to in Article 24;

| (ab) | harmonising data exchange processes for the most important market processes at regional level; |
| --- | --- |

(ab)

harmonising data exchange processes for the most important market processes at regional level;

| (ac) | imposing price caps in uncompetitive markets for a defined, limited period in order to protect customers against market abuses, fixing such caps at a sufficiently high level so as not to discourage new market entrants or the growth of existing competitors; |
| --- | --- |

(ac)

imposing price caps in uncompetitive markets for a defined, limited period in order to protect customers against market abuses, fixing such caps at a sufficiently high level so as not to discourage new market entrants or the growth of existing competitors;

| (ad) | auditing the maintenance policies of transmission system operators; |
| --- | --- |

(ad)

auditing the maintenance policies of transmission system operators;

| (ae) | developing, in conjunction with relevant planning authorities, guidelines regarding a time limited licensing procedure in order to encourage new entrants to engage in electricity generation and trading; and |
| --- | --- |

(ae)

developing, in conjunction with relevant planning authorities, guidelines regarding a time limited licensing procedure in order to encourage new entrants to engage in electricity generation and trading; and

| (af) | ensuring that wholesale fluctuations in prices are transparent. |
| --- | --- |

(af)

ensuring that wholesale fluctuations in prices are transparent.

2.
     
  If a Member State so provides, the monitoring duties referred to in paragraph 1 may be carried out by an authority other than the national regulatory authority. In such a case, the information resulting from such monitoring shall be made available to the national regulatory authority as soon as possible.

In accordance with the principles of better regulation, the national regulatory authority shall, as appropriate, consult transmission system operators and closely cooperate with other relevant national authorities when carrying out the duties referred to in paragraph 1, while preserving their independence and without prejudice to their own specific competencies.

3.   In addition to the tasks conferred upon it under paragraph 1, when an independent system operator has been designated under Article 10, the national regulatory authority shall:

| (a) | monitor the compliance of the transmission system owner and the independent system operator with their obligations under this Article, and issue penalties for non-compliance in accordance with paragraph 5(d); |
| --- | --- |

(a)

monitor the compliance of the transmission system owner and the independent system operator with their obligations under this Article, and issue penalties for non-compliance in accordance with paragraph 5(d);

| (b) | monitor the relations and communications between the independent system operator and the transmission system owner so as to ensure compliance of the independent system operator with its obligations, and, in particular, approve contracts and act as a dispute settlement authority between the independent system operator and the transmission system owner in respect of any complaint submitted by either party pursuant to paragraph 10; |
| --- | --- |

(b)

monitor the relations and communications between the independent system operator and the transmission system owner so as to ensure compliance of the independent system operator with its obligations, and, in particular, approve contracts and act as a dispute settlement authority between the independent system operator and the transmission system owner in respect of any complaint submitted by either party pursuant to paragraph 10;

| (c) | without prejudice to the procedure under Article 10(2c), for the first 10-year network development plan, approve the investments planning and the multi-annual network development plan presented on an annual basis by the independent system operator; |
| --- | --- |

(c)

without prejudice to the procedure under Article 10(2c), for the first 10-year network development plan, approve the investments planning and the multi-annual network development plan presented on an annual basis by the independent system operator;

| (d) | ensure that network access tariffs collected by independent system operators include a remuneration for the network owner or network owners that provide for an adequate remuneration of the network assets and of any new investments therein; |
| --- | --- |

(d)

ensure that network access tariffs collected by independent system operators include a remuneration for the network owner or network owners that provide for an adequate remuneration of the network assets and of any new investments therein;

| (e) | have the powers to carry out inspections at the transmission system owner and independent system operator's premises; and |
| --- | --- |

(e)

have the powers to carry out inspections at the transmission system owner and independent system operator's premises; and

| (f) | monitor the use of congestion rents collected by the independent system operator in accordance with Article 6(6) of Regulation (EC) No 1228/2003 ║. |
| --- | --- |

(f)

monitor the use of congestion rents collected by the independent system operator in accordance with Article 6(6) of Regulation (EC) No 1228/2003 ║.

4.
     
  When monitoring national electricity markets in accordance with paragraph 1(l), including the monitoring of wholesale and retail prices, national regulatory authorities shall adopt harmonised methodologies agreed and approved by the Agency.

5.   Member States shall ensure that national regulatory authorities are granted the powers enabling them to carry out the duties referred to in paragraphs 1 and 2 in an efficient and expeditious manner. For this purpose, the national regulatory authority shall, inter alia, have ║ the ║ power to:

| (a) | ║ issue binding decisions on electricity undertakings; |
| --- | --- |

(a)

║ issue binding decisions on electricity undertakings;

| (b) | ║ carry out in cooperation with the national competition authority investigations of the functioning of electricity markets, and to decide
  on
  any appropriate measures necessary and proportionate to promote effective competition and ensure the proper functioning of the market ▐; |
| --- | --- |

(b)

║ carry out in cooperation with the national competition authority investigations of the functioning of electricity markets, and to decide
  on
  any appropriate measures necessary and proportionate to promote effective competition and ensure the proper functioning of the market ▐;

| (c) | ║
  obtain
  any information from electricity undertakings relevant for the fulfilment of its tasks
  , including the justification for any refusal to grant third-party access, and any information on measures necessary to reinforce the network, and to cooperate with financial market regulatory authorities where necessary
  ; |
| --- | --- |

(c)

║
  obtain
  any information from electricity undertakings relevant for the fulfilment of its tasks
  , including the justification for any refusal to grant third-party access, and any information on measures necessary to reinforce the network, and to cooperate with financial market regulatory authorities where necessary
  ;

| (d) | ║ impose effective, appropriate and dissuasive sanctions to electricity undertakings not complying with their obligations under this Directive or any decisions of the regulatory authority or of the Agency; |
| --- | --- |

(d)

║ impose effective, appropriate and dissuasive sanctions to electricity undertakings not complying with their obligations under this Directive or any decisions of the regulatory authority or of the Agency;

| (e) | undertake appropriate ║ investigations with relevant powers to conduct dispute settlements under paragraphs 10 and 11; |
| --- | --- |

(e)

undertake appropriate ║ investigations with relevant powers to conduct dispute settlements under paragraphs 10 and 11;

| (f) | ║ approve safeguards measures as referred to in Article 24. |
| --- | --- |

(f)

║ approve safeguards measures as referred to in Article 24.

6.   The national regulatory authorities shall be responsible for establishing or approving prior to their entry into force the terms and conditions for:

| (a) | connection and access to national networks, including transmission and distribution tariffs
  and their methodologies or, alternatively, the methodologies and their monitoring for setting or approving the transmission and distribution tariffs
  . Those tariffs
  shall reflect the actual costs incurred, insofar as such costs correspond to those of an efficient operator, and shall be transparent. They
  shall enable the necessary investments in the networks to be carried out in a manner allowing these investments to ensure the viability of the networks.
  The tariffs shall not discriminate against new market entrants
  ; |
| --- | --- |

(a)

connection and access to national networks, including transmission and distribution tariffs
  and their methodologies or, alternatively, the methodologies and their monitoring for setting or approving the transmission and distribution tariffs
  . Those tariffs
  shall reflect the actual costs incurred, insofar as such costs correspond to those of an efficient operator, and shall be transparent. They
  shall enable the necessary investments in the networks to be carried out in a manner allowing these investments to ensure the viability of the networks.
  The tariffs shall not discriminate against new market entrants
  ;

| (b) | the provision of balancing services
  , which shall reflect real costs and be revenue-neutral as far as possible, whilst providing appropriate incentives for network users to balance their input and offtakes; they shall be fair and non-discriminatory and based on objective criteria; |
| --- | --- |

(b)

the provision of balancing services
  , which shall reflect real costs and be revenue-neutral as far as possible, whilst providing appropriate incentives for network users to balance their input and offtakes; they shall be fair and non-discriminatory and based on objective criteria;

| (c) | access to cross-border infrastructures, including the procedures for the allocation of capacity and congestion management. |
| --- | --- |

(c)

access to cross-border infrastructures, including the procedures for the allocation of capacity and congestion management.

The national regulatory authorities shall have power to require transmission system operators to modify those terms and conditions.

7.   In fixing or approving
  the terms and conditions or methodologies of
  the tariffs,
  and the balancing services,
  the national regulatory authorities shall ensure that network operators are granted adequate incentive, over both the short and long term, to increase efficiencies, foster market integration
  , ensure security of supply,
  and support the related research activities.

8.
     
  The national regulatory authorities shall monitor congestion management within national electricity systems and interconnectors.

Transmission system operators shall submit their congestion management procedures, including capacity allocation, to the national regulatory authorities for approval. National regulatory authorities may request amendments to those procedures before approving them.

9.   National regulatory authorities shall have the authority to require transmission and distribution system operators, if necessary, to modify the terms and conditions ▐ referred to in this Article, to ensure that they are proportionate and applied in a non-discriminatory manner.
  In the event of delay in the establishment of transmission and distribution tariffs, national regulatory authorities shall have the power to set provisional transmission and distribution tariffs and to decide on the appropriate compensatory measures if the final tariffs deviate from those provisional tariffs.

10.   Any party having a complaint against a transmission or distribution system operator
  in relation to that operator's obligations under this Directive
  may refer the complaint to the national regulatory authority which, acting as dispute settlement authority, shall issue a decision within two months after receipt of the complaint. That period may be extended by two months where additional information is sought by the national regulatory authority. The period may also be extended with the agreement of the complainant. The national regulatory authority's decision shall have binding effect unless and until overruled on appeal.

11.   Any party who is affected and who has a right to complain concerning a decision on methodologies taken pursuant to this Article or, where the national regulatory authority has a duty to consult, concerning the proposed
  tariffs or
  methodologies, may, at the latest within two months, or a shorter time period as provided by Member States, following publication of the decision or proposal for a decision, submit a complaint for review. Such a complaint shall not have suspensive effect.

12.   Member States shall create appropriate and efficient mechanisms for regulation, control and transparency so as to avoid any abuse of a dominant position, in particular to the detriment of consumers, and any predatory behaviour. Those mechanisms shall take account of the provisions of the Treaty, and in particular Article 82 thereof.

13.
     
  The national regulatory authority shall put in place an independent complaints service or alternative redress scheme, such as an independent energy ombudsman or a consumer body. That service or scheme shall be responsible for the efficient treatment of complaints and shall comply with best practice criteria. The national regulatory authority shall set standards and guidelines on how complaints will be handled by producers and network operators.

14.   Member States shall ensure that the appropriate measures are taken, including administrative action or criminal proceedings in conformity with their national law, against the natural or legal persons responsible where confidentiality rules imposed by this Directive have not been respected.

15.   Complaints referred to in paragraphs 10 and 11 shall be without prejudice to the exercise of rights of appeal under Community and national law.

16.   Decisions taken by a national regulatory authority shall be
  fully reasoned and available to the public to allow for legal scrutiny
  .

17.   Member States shall ensure that suitable mechanisms exist at national level under which a party affected by a decision of the national regulatory authority has a right of appeal to a
  national judicial
  body
  or other independent national authority
  independent of both the parties involved
  and any government
  .

▐

Article 22d

Regulatory regime for cross border issues

1.   National regulatory authorities shall closely cooperate and consult with each other, and shall provide each other and the Agency with any information necessary for the fulfilment of their tasks under this Directive. In respect of the information exchanged, the receiving authority shall ensure the same level of confidentiality as that required of the originating authority.

2.   
  In order to ensure that, where regional electricity markets occur, their integration is mirrored by adequate regulatory structures, the relevant national regulatory authorities shall ensure, in close cooperation with and under the guidance of the Agency, that at least the following regulatory tasks are performed in relation to their regional markets:

| (a) | cooperation
  at least at a regional level to foster the creation of operational arrangements in order to ensure an optimal management of the network, develop joint electricity exchanges and the allocation of cross-border capacity, and to ensure
  an adequate
  level of interconnection capacity
  including through new interconnection,
  within the region
  and between regions
  to allow for
  the development of
  effective competition
  and the improvement of security of supply; |
| --- | --- |

(a)

cooperation
  at least at a regional level to foster the creation of operational arrangements in order to ensure an optimal management of the network, develop joint electricity exchanges and the allocation of cross-border capacity, and to ensure
  an adequate
  level of interconnection capacity
  including through new interconnection,
  within the region
  and between regions
  to allow for
  the development of
  effective competition
  and the improvement of security of supply;

| (b) | harmonisation at least at the relevant regional level of all technical and market codes for the relevant transmission system operators and other market actors; |
| --- | --- |

(b)

harmonisation at least at the relevant regional level of all technical and market codes for the relevant transmission system operators and other market actors;

| (c) | harmonisation of the rules governing the management of congestion and the fair redistribution of revenues and/or costs of congestion management among all market actors; |
| --- | --- |

(c)

harmonisation of the rules governing the management of congestion and the fair redistribution of revenues and/or costs of congestion management among all market actors;

| (d) | adoption of rules to ensure that the owners and/or managers of power exchange(s) which operate the relevant regional pool market are fully independent of the owners and/or managers of generation assets. |
| --- | --- |

(d)

adoption of rules to ensure that the owners and/or managers of power exchange(s) which operate the relevant regional pool market are fully independent of the owners and/or managers of generation assets.

3.
     
  National regulatory authorities shall have the right to enter into agreements with each other to foster regulatory cooperation, and the actions referred to in paragraphs 1 and 2 shall be carried out, as appropriate, in close consultation with other relevant national authorities and without prejudice to their specific competencies.

4.   The Agency shall decide upon the regulatory regime for infrastructure connecting at least two Member States:

| (a) | upon a joint request from the competent national regulatory authorities, or, |
| --- | --- |

(a)

upon a joint request from the competent national regulatory authorities, or,

| (b) | where the competent national regulatory authorities have not been able to reach an agreement on the appropriate regulatory regime within six months from the date the file was brought before the last of these regulatory authorities. |
| --- | --- |

(b)

where the competent national regulatory authorities have not been able to reach an agreement on the appropriate regulatory regime within six months from the date the file was brought before the last of these regulatory authorities.

▐

Article 22e

Compliance with guidelines

1.   The Commission or any national regulatory authority ║ may request the opinion of the Agency on the compliance of a decision taken by a regulatory authority with guidelines referred to in this Directive or in Regulation (EC) No 1228/2003.

2.   The Agency shall provide its opinion to the Commission or the national regulatory authority which has requested it ║, respectively, and to the national regulatory authority which has taken the decision in question, within four months of the date of the request.

3.   Where the national regulatory authority which has taken the disputed decision fails to comply with the Agency's opinion within four months from the date of its receipt, the Agency shall inform the Commission accordingly.

4.   Any national regulatory authority may inform the Commission where it considers that a decision taken by a national regulatory authority does not comply with guidelines referred to in this Directive or in Regulation (EC) No 1228/2003 within two months from the date of that decision.

5.   Where the Commission ║ finds that the decision of a national regulatory authority raises serious doubts as to its compatibility with guidelines referred to in this Directive or in Regulation (EC) No 1228/2003, either within two months of being informed of the failure to comply with the Agency's opinion in accordance with paragraph 3 or of the failure to comply with guidelines in accordance with paragraph 4, or, on its own initiative, within three months from the date of the disputed decision, the Commission may decide to initiate proceedings. In such a case, the Commission shall invite the national regulatory authority and the parties to the proceedings before the national regulatory authority to submit comments.

6.   Where the Commission has decided to initiate proceedings, it shall, within no more than four months of the date of such decision, issue a final decision:

| (a) | not to raise objections against the decision of the national regulatory authority; or |
| --- | --- |

(a)

not to raise objections against the decision of the national regulatory authority; or

| (b) | requiring the national regulatory authority concerned to amend or withdraw its decision if it considers that guidelines have not been complied with. |
| --- | --- |

(b)

requiring the national regulatory authority concerned to amend or withdraw its decision if it considers that guidelines have not been complied with.

7.   Where the Commission has not taken a decision to initiate proceedings or a final decision within the time-limits set in paragraphs 5 and 6 respectively, it shall be deemed not to have raised objections against the decision of the national regulatory authority.

8.   The national regulatory authority shall comply with the Commission decision to amend or withdraw their decision within a period of two months and shall inform the Commission accordingly.

▐

Article 22f

Record keeping

1.   Member States shall require supply undertakings to keep at the disposal of the national regulatory authority, the national competition authority and the Commission, for at least five years, the relevant data relating to all transactions in electricity supply contracts and electricity derivatives with wholesale customers and transmission system operators.

2.   The data shall include details on the characteristics of the relevant transactions such as duration, delivery and settlement rules, the quantity, the dates and times of execution and the transaction prices and means of identifying the wholesale customer concerned, as well as specified details of all unsettled electricity supply contracts and electricity derivatives.

3.   The national regulatory authority
  shall report on the outcome of its investigations or its request
  to market participants
  whilst ensuring
  that commercially sensitive information on individual market players or individual transactions is not released. ▐

▐

4.   ║ This Article shall not create additional obligations vis-à-vis the authorities mentioned in paragraph 1 for entities falling within the scope of Directive 2004/39/EC.

5.   In the event that the authorities referred to in paragraph 1 need access to data kept by entities falling within the scope of Directive 2004/39/EC, the authorities responsible under that Directive shall provide those authorities ║ with the required data.’

| (23) | Article 23 shall be deleted. |
| --- | --- |

(23)

Article 23 shall be deleted.

| (24) | Article 26 shall be amended as follows
  :








  (a) | paragraph 2 shall be replaced by the following:


  ‘
  2.
     
  A Member State which, after the Directive has been brought into force, for reasons of a technical nature has substantial problems in opening its market for certain limited groups of the non-household customers referred to in Article 21(1)(b) may apply for derogation from this provision, which may be granted to it by the Commission for a period not exceeding 12 months after the date referred to in Article 30(1). In any case, such derogation shall end on the date referred to in Article 21(1)(c).;
  ’ |
| --- | --- | --- |

(24)

Article 26 shall be amended as follows
  :

(a)

paragraph 2 shall be replaced by the following:

‘
  2.
     
  A Member State which, after the Directive has been brought into force, for reasons of a technical nature has substantial problems in opening its market for certain limited groups of the non-household customers referred to in Article 21(1)(b) may apply for derogation from this provision, which may be granted to it by the Commission for a period not exceeding 12 months after the date referred to in Article 30(1). In any case, such derogation shall end on the date referred to in Article 21(1)(c).;
  ’

| (b) | the following paragraph shall be added:


  ‘
  2a.
     
  The Member States may exempt industrial sites from the provisions of Chapters III, IV, V, VI, and VII. The principle of third-party access shall not be affected by such exemptions. The exemptions shall, moreover, not interfere with the task of public distribution systems.
  ’ |
| --- | --- |

(b)

the following paragraph shall be added:

‘
  2a.
     
  The Member States may exempt industrial sites from the provisions of Chapters III, IV, V, VI, and VII. The principle of third-party access shall not be affected by such exemptions. The exemptions shall, moreover, not interfere with the task of public distribution systems.
  ’

▐

| (25) | Annex A shall be amended as follows:










  (a) | point (a) shall be replaced by the following:








  ‘
  (a) | have a right to a contract with their electricity service provider that specifies:








  — | the identity and address of the supplier; |
| --- | --- | --- | --- | --- |

(25)

Annex A shall be amended as follows:

(a)

point (a) shall be replaced by the following:

‘
  (a)

have a right to a contract with their electricity service provider that specifies:

—

the identity and address of the supplier;

| — | the services provided, the service quality levels offered, as well as the time for the initial connection; |
| --- | --- |

—

the services provided, the service quality levels offered, as well as the time for the initial connection;

| — | the types of maintenance service offered; |
| --- | --- |

—

the types of maintenance service offered;

| — | the means by which up-to-date information on all applicable tariffs and maintenance charges may be obtained; |
| --- | --- |

—

the means by which up-to-date information on all applicable tariffs and maintenance charges may be obtained;

| — | the duration of the contract, the conditions for renewal and termination of services and of the contract, the existence of any right of withdrawal without charge; |
| --- | --- |

—

the duration of the contract, the conditions for renewal and termination of services and of the contract, the existence of any right of withdrawal without charge;

| — | any compensation and the refund arrangements which apply if contracted service quality levels are not met including inaccurate and delayed billing; |
| --- | --- |

—

any compensation and the refund arrangements which apply if contracted service quality levels are not met including inaccurate and delayed billing;

| — | the method of initiating procedures for settlement of disputes in accordance with point (f); |
| --- | --- |

—

the method of initiating procedures for settlement of disputes in accordance with point (f);

| — | information on consumer rights, including all of the above, clearly communicated through billing and electricity undertakings’ web sites; and |
| --- | --- |

—

information on consumer rights, including all of the above, clearly communicated through billing and electricity undertakings’ web sites; and

| — | details concerning the competent appeals authority and of the procedure to be followed by consumers in the event of a dispute. |
| --- | --- |

—

details concerning the competent appeals authority and of the procedure to be followed by consumers in the event of a dispute.

| (b) | point (b) shall be replaced by the following:








  ‘
  (b) | are given adequate notice of any intention to modify contractual conditions and are informed about their right of withdrawal when the notice is given. Service providers will notify their subscribers directly of any increase in charges, at an appropriate time no later than one normal billing period after the increase comes into effect in a transparent and comprehensible manner. Member States will ensure that customers are free to withdraw from contracts if they do not accept the new conditions notified to them by their electricity service provider;
  ’ |
| --- | --- | --- |

(b)

point (b) shall be replaced by the following:

‘
  (b)

are given adequate notice of any intention to modify contractual conditions and are informed about their right of withdrawal when the notice is given. Service providers will notify their subscribers directly of any increase in charges, at an appropriate time no later than one normal billing period after the increase comes into effect in a transparent and comprehensible manner. Member States will ensure that customers are free to withdraw from contracts if they do not accept the new conditions notified to them by their electricity service provider;
  ’

| (c) | point (d) shall be replaced by the following:








  ‘
  (d) | are offered a wide choice of payment methods, which will not discriminate against customers. Any difference in terms and conditions shall reflect the costs to the supplier of the different payment systems. General terms and conditions will be fair and transparent. They will be given in clear and comprehensible language. Customers will be protected against unfair or misleading selling methods including non-contractual barriers imposed by the trader, for example excessive contractual documentation;
  ’ |
| --- | --- | --- |

(c)

point (d) shall be replaced by the following:

‘
  (d)

are offered a wide choice of payment methods, which will not discriminate against customers. Any difference in terms and conditions shall reflect the costs to the supplier of the different payment systems. General terms and conditions will be fair and transparent. They will be given in clear and comprehensible language. Customers will be protected against unfair or misleading selling methods including non-contractual barriers imposed by the trader, for example excessive contractual documentation;
  ’

| (d) | point (f) shall be replaced by the following:








  ‘
  (f) | benefit from transparent, simple and inexpensive procedures for dealing with their complaints. In particular, all consumers will have the right to service delivery and complaint handling by their electricity service provider. Such procedures will enable disputes to be settled fairly and promptly, and within three months, with provision, where warranted, for a system of reimbursement and/or compensation. They will follow, wherever possible, the principles set out in Commission Recommendation 98/257/EC (15); |
| --- | --- | --- |

(d)

point (f) shall be replaced by the following:

‘
  (f)

benefit from transparent, simple and inexpensive procedures for dealing with their complaints. In particular, all consumers will have the right to service delivery and complaint handling by their electricity service provider. Such procedures will enable disputes to be settled fairly and promptly, and within three months, with provision, where warranted, for a system of reimbursement and/or compensation. They will follow, wherever possible, the principles set out in Commission Recommendation 98/257/EC (15);

| (e) | ║ the following points shall be added:






  ‘(h) | are easily able to switch to a new supplier and
  have at their disposal their consumption data and will be able to, by explicit agreement and free of charge, give any
  authorised supplier
  access to its metering data. The party responsible for data management is obliged to give
  that
  data to the undertaking. Member States will define a format for the data and a procedure for suppliers and consumers to have access to the data. No additional costs may be charged to the consumer for this service; |
| --- | --- | --- |

(e)

║ the following points shall be added:

‘(h)

are easily able to switch to a new supplier and
  have at their disposal their consumption data and will be able to, by explicit agreement and free of charge, give any
  authorised supplier
  access to its metering data. The party responsible for data management is obliged to give
  that
  data to the undertaking. Member States will define a format for the data and a procedure for suppliers and consumers to have access to the data. No additional costs may be charged to the consumer for this service;

| (i) | are properly informed
  at least quarterly
  of actual electricity consumption and costs. No additional costs may be charged to the consumer for this service.
  The Member States will ensure that the roll-out of smart meters is completed with minimum disruption to consumers within ... (16) and shall be the responsibility of the electricity distribution or supply companies. National regulatory authorities will be responsible for monitoring the process of such development and for laying down common standards for that purpose. Member States will ensure that standards establishing the minimum technical design and operational requirements for meters address interoperability issues so as to provide maximum benefit at minimum cost to consumers; |
| --- | --- |

(i)

are properly informed
  at least quarterly
  of actual electricity consumption and costs. No additional costs may be charged to the consumer for this service.
  The Member States will ensure that the roll-out of smart meters is completed with minimum disruption to consumers within ... (16) and shall be the responsibility of the electricity distribution or supply companies. National regulatory authorities will be responsible for monitoring the process of such development and for laying down common standards for that purpose. Member States will ensure that standards establishing the minimum technical design and operational requirements for meters address interoperability issues so as to provide maximum benefit at minimum cost to consumers;

| (j) | receive a final closure account following any change of electricity supplier no later than one month after informing the relevant suppplier. |
| --- | --- |

(j)

receive a final closure account following any change of electricity supplier no later than one month after informing the relevant suppplier.

Article 2

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... (17) ║. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply these provisions from ... (17) ║.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

Entry into force

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

Article 4

This Directive is addressed to the Member States.

Done at ║

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 211, 19.8.2008, p. 23
  .

1

211, 19.8.2008, p. 23

(2)  OJ C 172, 5.7.2008, p. 55
  .

2

172, 5.7.2008, p. 55

(3)  Position of the European Parliament of 18 June 2008.

3

Position of the European Parliament of 18 June 2008.

(4)  OJ L 176, 15.7.2003, p. 37.

4

(5)  
  OJ L ...

5

OJ L ...

(6)  OJ L 176, 15.7.2003, p. 1.

6

(7)  
  OJ L 24, 29.1.2004, p. 1.’

7

OJ L 24, 29.1.2004, p. 1.

(8)  
  OJ L 145, 30.4.2004, p. 1.

8

OJ L 145, 30.4.2004, p. 1.

(9)  
  OJ L ...
  ’

9

OJ L ...

(10)  

  OJ L 124, 20.5.2003, p. 36.
  ’

10

OJ L 124, 20.5.2003, p. 36.

(11)  
  Two years after the entry into force of Directive .../.../EC [amending Directive 2003/54/EC concerning common rules for the internal market in electricity]
  .’

11

Two years after the entry into force of Directive .../.../EC [amending Directive 2003/54/EC concerning common rules for the internal market in electricity]

(12)  
  One year after the entry into force of Directive .../.../EC [amending Directive 2003/54/EC concerning common rules for the internal market in electricity]
  .

12

One year after the entry into force of Directive .../.../EC [amending Directive 2003/54/EC concerning common rules for the internal market in electricity]

(13)  
  Ten years of the entry into force of Directive .../.../EC [amending Directive 2003/54/EC concerning common rules for the internal market in electricity]
  .

13

Ten years of the entry into force of Directive .../.../EC [amending Directive 2003/54/EC concerning common rules for the internal market in electricity]

(14)  
  Two years of the entry into force of Directive .../.../EC [amending Directive 2003/54/EC concerning common rules for the internal market in electricity]
  .’

14

Two years of the entry into force of Directive .../.../EC [amending Directive 2003/54/EC concerning common rules for the internal market in electricity]

(15)  

  OJ L 115, 17.4.1998, p. 31

  .’

15

OJ L 115, 17.4.1998, p. 31

(16)  
  10 years after the entry into force of Directive .../.../EC [amending Directive 2003/54/EC concerning common rules for the internal market in electricity]
  .’

16

10 years after the entry into force of Directive .../.../EC [amending Directive 2003/54/EC concerning common rules for the internal market in electricity]

(17)  18 months after the entry into force of this Directive.

17

18 months after the entry into force of this Directive.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/136 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/136

---

Wednesday 18 June 2008Conditions for access to the network for cross-border exchanges in electricity ***I

P6_TA(2008)0295

European Parliament legislative resolution of 18 June 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1228/2003 on conditions for access to the network for cross-border exchanges in electricity (COM(2007)0531 — C6-0320/2007 — 2007/0198(COD))

2009/C 286 E/44

(Codecision procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0531),

having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0320/2007),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Economic and Monetary Affairs and the Committee on the Internal Market and Consumer Protection (A6-0228/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

Wednesday 18 June 2008P6_TC1-COD(2007)0198

Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council amending Regulation (EC) No 1228/2003 on conditions for access to the network for cross-border exchanges in electricity

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission ║,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | The internal market for electricity, which has been progressively implemented since 1999, aims at delivering real choice for all consumers in the Community, be they citizens or business, new business opportunities and more cross-border trade, so as to achieve efficiency gains, competitive prices, higher standards of service, and to contribute to security of supply and sustainability. |
| --- | --- |

(1)

The internal market for electricity, which has been progressively implemented since 1999, aims at delivering real choice for all consumers in the Community, be they citizens or business, new business opportunities and more cross-border trade, so as to achieve efficiency gains, competitive prices, higher standards of service, and to contribute to security of supply and sustainability.

| (2) | Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity ║ (4) and Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity (5) have made significant contributions towards the creation of ║ an internal market for electricity. |
| --- | --- |

(2)

Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity ║ (4) and Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity (5) have made significant contributions towards the creation of ║ an internal market for electricity.

| (3) | ║ The right to sell electricity in any Member State on equal terms, without discrimination or disadvantage cannot, however, currently be guaranteed to any company in the Community. In particular, non-discriminatory network access and an equally effective level of regulatory supervision in each Member State do not yet exist
  and isolated markets endure
  . |
| --- | --- |

(3)

║ The right to sell electricity in any Member State on equal terms, without discrimination or disadvantage cannot, however, currently be guaranteed to any company in the Community. In particular, non-discriminatory network access and an equally effective level of regulatory supervision in each Member State do not yet exist
  and isolated markets endure
  .

| (4) | The Communication of the Commission of 10 January 2007 entitled ‘An Energy Policy for Europe’ ║ highlighted the importance of completing the internal market in electricity and to create a level playing field for all electricity undertakings in the Community. The Communications from the Commission of the same date, on prospects for the internal gas and electricity market ║ and in relation to its inquiry pursuant to Article 17 of Regulation (EC) No 1/2003 into the European gas and electricity sectors ║ showed that the present rules and measures
  neither
  provide the necessary framework
  nor provide for the creation of physical connections
  to achieve the objective of a well-functioning

  , efficient and open
  internal market. |
| --- | --- |

(4)

The Communication of the Commission of 10 January 2007 entitled ‘An Energy Policy for Europe’ ║ highlighted the importance of completing the internal market in electricity and to create a level playing field for all electricity undertakings in the Community. The Communications from the Commission of the same date, on prospects for the internal gas and electricity market ║ and in relation to its inquiry pursuant to Article 17 of Regulation (EC) No 1/2003 into the European gas and electricity sectors ║ showed that the present rules and measures
  neither
  provide the necessary framework
  nor provide for the creation of physical connections
  to achieve the objective of a well-functioning

  , efficient and open
  internal market.

| (5) | Regulation (EC) No 1228/2003 needs to be adapted in line with those communications to improve the regulatory framework of the internal market for electricity. |
| --- | --- |

(5)

Regulation (EC) No 1228/2003 needs to be adapted in line with those communications to improve the regulatory framework of the internal market for electricity.

| (6) | In particular,
  the creation of physical connections and
  increased cooperation and coordination among transmission system operators
  are
  required to ensure progressive compatibility of the technical and commercial codes for providing and managing effective
  and transparent
  access to the transmission networks across borders, ║ to ensure coordinated and sufficiently forward-looking planning and sound technical evolution of the transmission system in the Community, with due regard to the environment, and to promote energy efficiency and research and innovation, in particular as regards the penetration of energy from renewable sources and the dissemination of low carbon technology. Transmission system operators should operate their networks according to these compatible technical and market codes. |
| --- | --- |

(6)

In particular,
  the creation of physical connections and
  increased cooperation and coordination among transmission system operators
  are
  required to ensure progressive compatibility of the technical and commercial codes for providing and managing effective
  and transparent
  access to the transmission networks across borders, ║ to ensure coordinated and sufficiently forward-looking planning and sound technical evolution of the transmission system in the Community, with due regard to the environment, and to promote energy efficiency and research and innovation, in particular as regards the penetration of energy from renewable sources and the dissemination of low carbon technology. Transmission system operators should operate their networks according to these compatible technical and market codes.

| (7) | In order to ensure an optimal management of the electricity transmission network and to allow trading and supplying electricity to retail customers across borders in the Community, a European network of the transmission system operators should be established. Its tasks should be carried out in compliance with Community competition rules which remain applicable to the decisions of the European network of the transmission system operators. Its tasks should be well-defined and their working method should be such as to ensure efficiency, representativity and transparency. Given that more effective progress may be achieved through an approach at regional level, transmission system operators should set up regional structures within the overall cooperation structure, whilst ensuring that results at regional level are compatible with codes and investment plans at Community level.
  Member States should promote cooperation and monitor the effectiveness of the network at regional level. Cooperation at regional level should be compatible with progress towards a competitive and efficient internal market for electricity. |
| --- | --- |

(7)

In order to ensure an optimal management of the electricity transmission network and to allow trading and supplying electricity to retail customers across borders in the Community, a European network of the transmission system operators should be established. Its tasks should be carried out in compliance with Community competition rules which remain applicable to the decisions of the European network of the transmission system operators. Its tasks should be well-defined and their working method should be such as to ensure efficiency, representativity and transparency. Given that more effective progress may be achieved through an approach at regional level, transmission system operators should set up regional structures within the overall cooperation structure, whilst ensuring that results at regional level are compatible with codes and investment plans at Community level.
  Member States should promote cooperation and monitor the effectiveness of the network at regional level. Cooperation at regional level should be compatible with progress towards a competitive and efficient internal market for electricity.

| (8) | In order to ensure greater transparency regarding the entire electricity transmission network in the European Union, the Commission should draw up, publish and regularly update a road map. All feasible electricity transmission networks and possible regional connections should be included in that road map. |
| --- | --- |

(8)

In order to ensure greater transparency regarding the entire electricity transmission network in the European Union, the Commission should draw up, publish and regularly update a road map. All feasible electricity transmission networks and possible regional connections should be included in that road map.

| (9) | Market monitoring undertaken over recent years by the national regulatory authorities and by the Commission has shown that current transparency requirements and rules on access to infrastructure are not sufficient
  to secure a genuine, well-functioning, efficient and open internal market
  . |
| --- | --- |

(9)

Market monitoring undertaken over recent years by the national regulatory authorities and by the Commission has shown that current transparency requirements and rules on access to infrastructure are not sufficient
  to secure a genuine, well-functioning, efficient and open internal market
  .

| (10) | Equal access to information on the physical status
  and efficiency
  of the system is necessary to enable all market participants to assess the overall demand and supply situation and identify the reasons for movements in the wholesale price. This includes more precise information on electricity generation, supply and demand, network capacity, flows and maintenance, balancing and reserve capacity. |
| --- | --- |

(10)

Equal access to information on the physical status
  and efficiency
  of the system is necessary to enable all market participants to assess the overall demand and supply situation and identify the reasons for movements in the wholesale price. This includes more precise information on electricity generation, supply and demand, network capacity, flows and maintenance, balancing and reserve capacity.

| (11) | To enhance trust in the market, its participants need to be sure that abusive behaviour can be sanctioned
  effectively
  . The competent authorities should be given the competence effectively to investigate allegations of market abuse. To this end, access
  by the competent authorities
  to data ▐ that provides information on operational decisions made by supply undertakings
  is necessary
  . In the electricity market, many relevant decisions are made by the generators, who should keep information in relation thereto available to
  and easily accessible by
  the competent authorities for
  a
  fixed period of time.
  The competent authorities should, furthermore, regularly monitor the compliance of the transmission system operators with the rules.
  Small generators with no real ability to distort the market should be exempt from this obligation. |
| --- | --- |

(11)

To enhance trust in the market, its participants need to be sure that abusive behaviour can be sanctioned
  effectively
  . The competent authorities should be given the competence effectively to investigate allegations of market abuse. To this end, access
  by the competent authorities
  to data ▐ that provides information on operational decisions made by supply undertakings
  is necessary
  . In the electricity market, many relevant decisions are made by the generators, who should keep information in relation thereto available to
  and easily accessible by
  the competent authorities for
  a
  fixed period of time.
  The competent authorities should, furthermore, regularly monitor the compliance of the transmission system operators with the rules.
  Small generators with no real ability to distort the market should be exempt from this obligation.

| (12) | Competition for household consumers requires that suppliers not be blocked when they want to enter new retail markets. The rules and responsibilities governing the supply chain therefore need to be known to all market participants, and ║ need to be harmonised with a view to enhancing Community market integration.
  The competent authorities should regularly monitor the compliance of market participants with the rules. |
| --- | --- |

(12)

Competition for household consumers requires that suppliers not be blocked when they want to enter new retail markets. The rules and responsibilities governing the supply chain therefore need to be known to all market participants, and ║ need to be harmonised with a view to enhancing Community market integration.
  The competent authorities should regularly monitor the compliance of market participants with the rules.

| (13) | Investments in major new infrastructures should be strongly promoted while ensuring the proper functioning of the internal market for electricity. In order to enhance the positive effect of exempted direct current interconnectors on competition and security of supply, market interest during the project planning phase should be tested and congestion management rules should be implemented. Where direct current interconnectors are located in the territory of more than one Member State, the Agency for the Cooperation of Energy Regulators established by Regulation (EC) No .../2008 of the European Parliament and of the Council of ... [establishing an Agency for the Cooperation of Energy Regulators]
   (6) should handle the exemption request in order to take better account of its cross-border implications and ║ facilitate its administrative handling. Moreover, given the exceptional risk profile of constructing such major infrastructure projects it should be possible for supply and production undertakings to be temporarily exempted from the full impact of the unbundling rules for the projects concerned. |
| --- | --- |

(13)

Investments in major new infrastructures should be strongly promoted while ensuring the proper functioning of the internal market for electricity. In order to enhance the positive effect of exempted direct current interconnectors on competition and security of supply, market interest during the project planning phase should be tested and congestion management rules should be implemented. Where direct current interconnectors are located in the territory of more than one Member State, the Agency for the Cooperation of Energy Regulators established by Regulation (EC) No .../2008 of the European Parliament and of the Council of ... [establishing an Agency for the Cooperation of Energy Regulators]
   (6) should handle the exemption request in order to take better account of its cross-border implications and ║ facilitate its administrative handling. Moreover, given the exceptional risk profile of constructing such major infrastructure projects it should be possible for supply and production undertakings to be temporarily exempted from the full impact of the unbundling rules for the projects concerned.

| (14) | Regulation (EC) No 1228/2003 provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7). |
| --- | --- |

(14)

Regulation (EC) No 1228/2003 provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7).

| (15) | Decision 1999/468/EC has been amended by Council Decision 2006/512/EC (8), which introduced a regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements. |
| --- | --- |

(15)

Decision 1999/468/EC has been amended by Council Decision 2006/512/EC (8), which introduced a regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

| (16) | In accordance with the ║ statement by the European Parliament, the Council and the Commission (9)
  concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures. |
| --- | --- |

(16)

In accordance with the ║ statement by the European Parliament, the Council and the Commission (9)
  concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

| (17) | The Commission should be empowered to adopt the measures necessary for the implementation of Regulation (EC) No 1228/2003 in order to establish or adopt the guidelines necessary for providing the minimum degree of harmonisation required to achieve the aim of this Regulation. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 1228/2003 by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. |
| --- | --- |

(17)

The Commission should be empowered to adopt the measures necessary for the implementation of Regulation (EC) No 1228/2003 in order to establish or adopt the guidelines necessary for providing the minimum degree of harmonisation required to achieve the aim of this Regulation. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 1228/2003 by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

| (18) | Regulation (EC) No 1228/2003 should therefore be amended accordingly, |
| --- | --- |

(18)

Regulation (EC) No 1228/2003 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1228/2003 is amended as follows:

| (1) | In Article 1 the following paragraph shall be added:
  ‘This Regulation also aims at facilitating the emergence of a well-functioning and transparent ▐ wholesale market
  with a high level of security of supply
  . It provides mechanisms to harmonise ▐ rules
  to this effect
  .’ |
| --- | --- |

(1)

In Article 1 the following paragraph shall be added:

‘This Regulation also aims at facilitating the emergence of a well-functioning and transparent ▐ wholesale market
  with a high level of security of supply
  . It provides mechanisms to harmonise ▐ rules
  to this effect
  .’

| (2) | In Article 2(2) the following point shall be added:






  ‘(h) | “Agency’ means the Agency for the Cooperation of Energy Regulators established by Regulation (EC) No .../2008 of the European Parliament and of the Council of ... [establishing an Agency for the Cooperation of Energy Regulators] (10)
  . |
| --- | --- | --- |

(2)

In Article 2(2) the following point shall be added:

‘(h)

“Agency’ means the Agency for the Cooperation of Energy Regulators established by Regulation (EC) No .../2008 of the European Parliament and of the Council of ... [establishing an Agency for the Cooperation of Energy Regulators] (10)
  .

| (3) | The following articles shall be inserted:

  ‘Article 2a


  European Network of Transmission System Operators for Electricity

  All transmission system operators shall cooperate at Community level through a European network of transmission system operators for electricity in order to ensure the optimal management and sound technical evolution of the European electricity transmission network
  and to promote the completion of the internal market for electricity
  .

  Article 2b


  Establishment of the European Network for Transmission System Operators for Electricity

  1.   By [...] at the latest the transmission system operators for electricity shall submit to the Commission and to the Agency ║ draft ║ statutes, a list of future members and draft rules of procedure ▐ with a view to establishing a European network of transmission system operators for electricity ║.
  2.   Within six weeks from receipt, the Agency shall provide an opinion to the Commission on the draft statutes, list of members and draft rules of procedure.
  3.   The Commission shall deliver an opinion on the draft statutes, list of members and draft rules of procedure within 3 months from the receipt of the opinion of the Agency.
  4.   Within 3 months from ║ receipt of the Commission's opinion, the transmission system operators shall establish the European Network for Transmission System Operators for Electricity, adopt its statutes and rules of procedure and publish them.

  Article 2c


  Tasks of the European Network of Transmission System Operators for Electricity

  1.   
  In order to achieve the objectives set out in Article 2a,

  the European Network of Transmission System Operators for Electricity shall
  agree and submit to the Agency, for approval, following the procedure provided for in Article 2d in conjunction with Article 6(3) of Regulation (EC) No .../2008 [establishing an Agency for the Cooperation of Energy Regulators], the following
  :






  (a) | draft network
  codes in the areas mentioned in paragraph 3
  , elaborated in cooperation with market participants and network users
  ; |
| --- | --- | --- |

(3)

The following articles shall be inserted:

‘Article 2a

European Network of Transmission System Operators for Electricity

All transmission system operators shall cooperate at Community level through a European network of transmission system operators for electricity in order to ensure the optimal management and sound technical evolution of the European electricity transmission network
  and to promote the completion of the internal market for electricity
  .

Article 2b

Establishment of the European Network for Transmission System Operators for Electricity

1.   By [...] at the latest the transmission system operators for electricity shall submit to the Commission and to the Agency ║ draft ║ statutes, a list of future members and draft rules of procedure ▐ with a view to establishing a European network of transmission system operators for electricity ║.

2.   Within six weeks from receipt, the Agency shall provide an opinion to the Commission on the draft statutes, list of members and draft rules of procedure.

3.   The Commission shall deliver an opinion on the draft statutes, list of members and draft rules of procedure within 3 months from the receipt of the opinion of the Agency.

4.   Within 3 months from ║ receipt of the Commission's opinion, the transmission system operators shall establish the European Network for Transmission System Operators for Electricity, adopt its statutes and rules of procedure and publish them.

Article 2c

Tasks of the European Network of Transmission System Operators for Electricity

1.   
  In order to achieve the objectives set out in Article 2a,

  the European Network of Transmission System Operators for Electricity shall
  agree and submit to the Agency, for approval, following the procedure provided for in Article 2d in conjunction with Article 6(3) of Regulation (EC) No .../2008 [establishing an Agency for the Cooperation of Energy Regulators], the following
  :

(a)

draft network
  codes in the areas mentioned in paragraph 3
  , elaborated in cooperation with market participants and network users
  ;

| (b) | common network operation tools and research plans; |
| --- | --- |

(b)

common network operation tools and research plans;

| (c) | a 10-year investment plan, including a generation adequacy outlook, every two years; |
| --- | --- |

(c)

a 10-year investment plan, including a generation adequacy outlook, every two years;

| (d) | measures to ensure the real-time coordination of grid operation in normal and emergency conditions; |
| --- | --- |

(d)

measures to ensure the real-time coordination of grid operation in normal and emergency conditions;

| (e) | guidelines on the coordination of technical cooperation between Community and third-country transmission system operators; |
| --- | --- |

(e)

guidelines on the coordination of technical cooperation between Community and third-country transmission system operators;

| (f) | an annual work programme
  based on the priorities set by the Agency
  ; |
| --- | --- |

(f)

an annual work programme
  based on the priorities set by the Agency
  ;

| (g) | an annual report; and |
| --- | --- |

(g)

an annual report; and

| (h) | annual summer and winter generation adequacy outlooks. |
| --- | --- |

(h)

annual summer and winter generation adequacy outlooks.

2.   The annual work programme referred to in paragraph 1(f) shall contain a list and description of the
  network
  codes, a plan on common operation of the network and research and development activities, to be drawn up in that year and an indicative calendar.

3.   The detailed
  network
  codes shall cover the following areas, according to the priorities defined in the annual work programme:

| (a) | security and reliability rules
  , including interoperability rules and procedures for emergency situations
  ; |
| --- | --- |

(a)

security and reliability rules
  , including interoperability rules and procedures for emergency situations
  ;

| (b) | grid connection and access rules;
  ▐ |
| --- | --- |

(b)

grid connection and access rules;

▐

| (c) | cross-border
  capacity allocation and congestion management rules;
  ▐ |
| --- | --- |

(c)

cross-border
  capacity allocation and congestion management rules;

▐

| (d) | network-related
  transparency rules; |
| --- | --- |

(d)

network-related
  transparency rules;

| (e) | balancing
  and settlement
  rules including reserve power rules; |
| --- | --- |

(e)

balancing
  and settlement
  rules including reserve power rules;

| (f) | ▐ inter-TSO compensation rules; |
| --- | --- |

(f)

▐ inter-TSO compensation rules;

| (g) | energy efficiency regarding electricity networks. |
| --- | --- |

(g)

energy efficiency regarding electricity networks.

4.   The
  Agency
  shall monitor the implementation of the
  network
  codes
  by the European Network of Transmission System Operators for Electricity
  .

5.   The European Network of Transmission System Operators for Electricity shall publish a Community-wide 10-year network investment plan every two years
  following its approval by the Agency
  . The investment plan shall include the modelling of the integrated network, scenario development, a generation adequacy report and an assessment of the resilience of the system. The investment plan shall, in particular, build on national investment plans
  taking into account regional and Community aspects of network planning, including
  the Guidelines for Trans-European energy networks in accordance with Decision No 1364/2006/EC of the European Parliament and of the Council (11) . The investment plan shall identify investment gaps, notably with respect to cross border capacities
  , and shall include investments in interconnection and in other infrastructure necessary for effective trading and competition and for security of supply. A review of barriers to the increase of cross-border capacity of the network arising from different approval procedures or practices shall be annexed to the investment plan
  .

The transmission system operators shall implement the published investment plan
  .

6.   ║ The European Network of Transmission System Operators for Electricity
  , on its own initiative, may propose to the Agency draft network codes in any area other than those listed in paragraph 3 with a view to achieving the objective set out in Article 2a. The Agency shall adopt the network codes following the procedure set out in Article 2f while ensuring that those network codes are not in contradiction to the guidelines adopted under Article 2e
  .

Article 2d

Monitoring by the Agency

1.   The Agency shall monitor the execution of the tasks referred to in Article 2c(1) of the European Network of Transmission System Operators for Electricity.

2.
     
  The European Network of Transmission System Operators for Electricity shall collect all relevant information regarding the implementation of the network codes and submit it to the Agency for evaluation.

3.   The European Network of Transmission System Operators for Electricity shall submit the draft
  network
  codes
  and the documents referred to in Article 2c(1)
  to the Agency
  for approval
  .

▐

The Agency shall
  monitor the implementation of the network codes, the 10-year investment plan and
  the ▐ annual work programme
  and shall include the results of that monitoring in its annual report. In the event of non-compliance by the transmission system operators with the network codes, the
  10-year investment plan
  or the annual work programme the Agency shall provide information thereof to the Commission
  .

Article 2e

Development of guidelines

1.
     
  The Commission shall, after consulting the Agency, establish an annual priority list identifying issues of primary importance for the development of the internal market for electricity.

2.
     
  Having regard to that priority list, the Commission shall mandate the Agency to develop, within no more than six months, draft guidelines establishing basic, clear and objective principles for the harmonisation of rules, as set out in Article 2c.

3.
     
  In drafting those guidelines, the Agency shall formally consult the European Network of Transmission System Operators for Electricity and other stakeholders, in an open and transparent manner.

4.
     
  The Agency shall adopt draft guidelines on the basis of that consultation. It shall specify the observations received during the consultation and explain how they were taken into account. It shall give reasons where observations have not been taken into account.

5.
     
  On its own initiative or at the request of the Agency, the Commission may initiate the same procedure to update the guidelines.

Article 2f

Development of network codes

1.
     
  Within six months of the adoption of the guidelines by the Agency and in accordance with Article 2e, the Commission shall mandate the European Network of Transmission System Operators of Electricity to develop draft network codes in full compliance with the principles established in the guidelines.

2.
     
  In drafting those network codes, the European Network of Transmission System Operators for Electricity shall take into consideration technical expertise from market participants and network users and shall keep them informed of progress.

3.
     
  The European Network of Transmission System Operators for Electricity shall submit the draft network codes to the Agency.

4.
     
  The Agency shall conduct a formal consultation in relation to the draft network codes in an open and transparent manner.

5.
     
  The Agency shall adopt the draft network codes on the basis of that consultation. It shall specify the observations received during the consultation and explain how they were taken into account. It shall give reasons where observations have not been taken into account.

6.
     
  On the Agency's own initiative or at the request of the European Network of Transmission System Operators for Electricity, a revision of the existing codes may be undertaken following the same procedure.

7.
     
  The Commission may, on a recommendation of the Agency, submit that network code to the Committee referred to in Article 13(1) for its final adoption in accordance with the procedure referred to in Article 13(2).

Article 2g

Consultations

1.   In carrying out its tasks, the
  Agency
  shall
  formally
  consult ▐, in an open and transparent manner, ▐ all appropriate market participants; the consultation shall include supply and generation undertakings, customers, system users, distribution system operators, including relevant (industry) associations, technical bodies and stakeholder platforms.

2.   All documents and minutes of meetings related to the issues referred to in paragraph 1 shall be made public.

3.   Before adopting the
  guidelines and network codes, the Agency
  shall specify the observations received during the consultation and explain how they were taken into account. The Agency shall provide reasons where observations have not been taken into account.

4.
     
  The European Network of Transmission System Operators for Electricity shall cooperate with market participants and network users in accordance with Article 2f(2).

Article 2h

Costs

The costs related to the activities of the European Network of Transmission System Operators for Electricity referred to in Articles 2a to 2j shall be borne by the transmission system operators and shall be
  included
  in the calculation of tariffs.
  The regulatory authorities shall approve those costs only if they are reasonable and proportionate.

Article 2i

Regional cooperation of transmission system operators

1.   Transmission system operators shall establish regional cooperation within the European Network of Transmission System Operators for Electricity to contribute to the tasks mentioned in Article 2c(1). In particular, they shall publish a regional investment plan every two years, and may take investment decisions based thereon.

The regional investment plan may not be contradictory to the 10-year investment plan referred to in Article 2c(1)(c).

2.   Transmission system operators shall promote operational arrangements in order to ensure optimum management of the network, and,
  where efficient,
  promote the development of energy exchanges, the
  coordinated
  allocation of cross-border capacity ▐ and the
  compatibility
  of
  cross-border
  balancing ▐ mechanisms.

▐

Article 2j

Technical cooperation between Community and third-country transmission system operators

1.
     
  Technical cooperation between Community and third-country transmission system operators shall be monitored by the national regulatory authorities;

2.
     
  If incompatibilities with the rules and network codes adopted by the Agency come to light in the course of such technical cooperation, the national regulatory authority shall seek clarification from the Agency.

| (4) | Article 5 shall be amended as follows:






  (a) | the title shall be replaced by the following: “Provision of information”; |
| --- | --- | --- |

(4)

Article 5 shall be amended as follows:

(a)

the title shall be replaced by the following: “Provision of information”;

| (b) | the following paragraphs shall be added:
  ‘4.   Transmission system operators shall publish relevant data on forecast and actual demand, on availability and actual use of generation and load assets, on availability and use of the network and interconnectors, and on balancing power and reserve capacity.
  5.   The market participants concerned shall provide the transmission system operators with the relevant data.
  6.   Generation companies which own or operate generation assets, of which one has an installed capacity of at least 250 MW, shall keep at the disposal of the Commission, the national regulatory authority, the national competition authority
  , and the Agency
  , for five years all hourly data per plant that is necessary to verify all operational dispatching decisions and the bidding behaviour at power exchanges, interconnection auctions, reserve markets and OTC markets. The per plant and per hour information to be stored includes, but is not limited to, data on available generation capacity and committed reserves, including allocation of these committed reserves on a per plant level, at the time the bidding is carried out and when production takes place.’ |
| --- | --- |

(b)

the following paragraphs shall be added:

‘4.   Transmission system operators shall publish relevant data on forecast and actual demand, on availability and actual use of generation and load assets, on availability and use of the network and interconnectors, and on balancing power and reserve capacity.

5.   The market participants concerned shall provide the transmission system operators with the relevant data.

6.   Generation companies which own or operate generation assets, of which one has an installed capacity of at least 250 MW, shall keep at the disposal of the Commission, the national regulatory authority, the national competition authority
  , and the Agency
  , for five years all hourly data per plant that is necessary to verify all operational dispatching decisions and the bidding behaviour at power exchanges, interconnection auctions, reserve markets and OTC markets. The per plant and per hour information to be stored includes, but is not limited to, data on available generation capacity and committed reserves, including allocation of these committed reserves on a per plant level, at the time the bidding is carried out and when production takes place.’

| (5) | Article 6 shall be amended as follows:










  (a) | in paragraph 1, the following subparagraphs shall be added:


  ‘
  The national regulatory authorities shall monitor congestion management within national electricity systems and on interconnectors.




  Transmission system operators shall submit their congestion management procedures including capacity allocation for approval to the national regulatory authorities. The national regulatory authorities may request amendments to those procedures before approving them.
  ’ |
| --- | --- | --- |

(5)

Article 6 shall be amended as follows:

(a)

in paragraph 1, the following subparagraphs shall be added:

‘
  The national regulatory authorities shall monitor congestion management within national electricity systems and on interconnectors.

Transmission system operators shall submit their congestion management procedures including capacity allocation for approval to the national regulatory authorities. The national regulatory authorities may request amendments to those procedures before approving them.
  ’

| (b) | ║ paragraph 6 shall be replaced by the following:
  ‘6.   Any revenues resulting from the allocation of interconnection shall be used for the following purposes ▐:






  (a) | guaranteeing the actual availability of the allocated capacity; and |
| --- | --- | --- |

(b)

║ paragraph 6 shall be replaced by the following:

‘6.   Any revenues resulting from the allocation of interconnection shall be used for the following purposes ▐:

(a)

guaranteeing the actual availability of the allocated capacity; and

| (b) | network investments maintaining or increasing interconnection capacities. |
| --- | --- |

(b)

network investments maintaining or increasing interconnection capacities.

If the revenue cannot be used for the purposes set out in points (a) or (b) it shall be placed on a separate account until such time as it can be spent on those purposes.
  In such a case, the national regulatory authorities, with the approval of the Agency, may take the amount available into account when approving the methodology for calculating the network tariffs, in assessing whether tariffs should be modified on the one hand and/or in deciding whether to set up locational signals and/or demand-side measures such as load-shifting or counter-trading on the other
  .’

| (6) | Article 7 shall be replaced by the following:

  ‘Article 7


  New interconnectors

  1.   New direct current interconnectors between Member States may, upon request, be exempted, for a limited period of time, from the provisions of Article 6(6) of this Regulation and
  Articles 8, 10, 20
  and
  Article 22c(4), (5) and (6)
  of Directive 2003/54/EC under the following conditions:






  (a) | the investment must enhance competition in electricity supply; |
| --- | --- | --- |

(6)

Article 7 shall be replaced by the following:

‘Article 7

New interconnectors

1.   New direct current interconnectors between Member States may, upon request, be exempted, for a limited period of time, from the provisions of Article 6(6) of this Regulation and
  Articles 8, 10, 20
  and
  Article 22c(4), (5) and (6)
  of Directive 2003/54/EC under the following conditions:

(a)

the investment must enhance competition in electricity supply;

| (b) | the level of risk attached to the investment is such that the investment would not take place unless an exemption is granted; |
| --- | --- |

(b)

the level of risk attached to the investment is such that the investment would not take place unless an exemption is granted;

| (c) | the interconnector must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that interconnector will be built; |
| --- | --- |

(c)

the interconnector must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that interconnector will be built;

| (d) | charges are levied on users of that interconnector; |
| --- | --- |

(d)

charges are levied on users of that interconnector;

| (e) | since the partial market opening referred to in Article 19 of Directive 96/92/EC, no part of the capital or operating costs of the interconnector has been recovered from any component of charges made for the use of transmission or distribution systems linked by the interconnector; and |
| --- | --- |

(e)

since the partial market opening referred to in Article 19 of Directive 96/92/EC, no part of the capital or operating costs of the interconnector has been recovered from any component of charges made for the use of transmission or distribution systems linked by the interconnector; and

| (f) | the exemption is not to the detriment of competition or the effective functioning of the internal ║ market for electricity or the efficient functioning of the regulated system to which the interconnector is linked. |
| --- | --- |

(f)

the exemption is not to the detriment of competition or the effective functioning of the internal ║ market for electricity or the efficient functioning of the regulated system to which the interconnector is linked.

2.   Paragraph 1 shall apply also, in exceptional cases, to alternating current interconnectors provided that the costs and risks of the investment in question are particularly high when compared with the costs and risks normally incurred when connecting two neighbouring national transmission systems by an alternating current interconnector.

3.   Paragraph 1 shall apply also to significant increases of capacity in existing interconnectors.

4.   The Agency may, on a case-by-case basis, decide on the exemptions referred to in paragraphs 1, 2 and 3. An exemption may cover all or part of ║ the capacity of the new interconnector, or of the existing interconnector with significantly increased capacity.

In deciding to grant an exemption consideration shall be given, on a case-by-case basis, to the need to impose conditions regarding the duration of the exemption and non-discriminatory access to the interconnector. When deciding on those conditions account shall, in particular, be taken of the additional capacity to be built or the modification of existing capacity, the time horizon of the project and national circumstances.

Before granting an exemption, the Agency shall decide upon the rules and mechanisms for management and allocation of capacity. The Agency shall require congestion management rules to include the obligation to offer unused capacity on the market, and shall require users of the facility to be entitled to trade their contracted capacities on the secondary market. In its assessment of the criteria referred to in paragraph 1(a), (b) and (f) ║, the Agency shall take into account the results of that capacity allocation procedure.

The exemption decision, including any conditions referred to in the second subparagraph, shall be duly reasoned and published. The Agency shall consult with the regulatory authorities concerned.

5.   The Agency shall transmit to the Commission, without delay, a copy of every request for exemption as of its receipt. The decision shall be notified, without delay, by the Agency to the Commission, together with all the relevant information with respect to the decision. That information may be submitted to the Commission in aggregate form, enabling the Commission to reach a well-founded decision. In particular, the information shall contain:

| (a) | the detailed reasons on the basis of which the Agency, granted the exemption, including the financial information justifying the need for the exemption; |
| --- | --- |

(a)

the detailed reasons on the basis of which the Agency, granted the exemption, including the financial information justifying the need for the exemption;

| (b) | the analysis undertaken of the effect on competition and the effective functioning of the internal electricity market resulting from the grant of the exemption; |
| --- | --- |

(b)

the analysis undertaken of the effect on competition and the effective functioning of the internal electricity market resulting from the grant of the exemption;

| (c) | the reasons for the time-period and the share of the total capacity of the interconnector in question for which the exemption is granted; |
| --- | --- |

(c)

the reasons for the time-period and the share of the total capacity of the interconnector in question for which the exemption is granted;

| (d) | the result of the consultation with the national regulatory authorities concerned. |
| --- | --- |

(d)

the result of the consultation with the national regulatory authorities concerned.

6.   Within two months after receiving a notification, the Commission may take a decision requiring the Agency to amend or withdraw the decision to grant an exemption. Where the Commission has sought additional information, it may take its decision within two months of the day following the receipt of the complete additional information. The two-month period can ║ be extended with the consent of both the Commission and the Agency. Where the requested information is not provided within the period set out in the request, the notification shall be deemed to be withdrawn unless, before the expiry of that period, either the period has been extended with the consent of both the Commission and the Agency, or the Agency, in a duly reasoned statement, has informed the Commission that it considers the notification to be complete.

The Agency shall comply with the Commission decision to amend or withdraw the exemption decision within a period of four weeks and shall inform the Commission accordingly.

The Commission shall preserve the confidentiality of commercially sensitive information.

The Commission's approval of an exemption decision shall lapse two years after its adoption in the event that the construction of the interconnector has not yet started, and ║ five years after its adoption in the event that the interconnector has not become operational
  unless the Commission decides that any delay is due to major administrative obstacles or any other cause relevant to the decision but outside the control of the applicant
  .

7.   The Commission may
  amend existing
  guidelines for the application of the conditions referred to in paragraph 1 and to set out the procedure to be followed for the application of paragraphs 4 and 5. Such measures, designed to amend non-essential elements of this Regulation by supplementing, it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(2).

8.
     
  Exemptions granted pursuant to this Article and applicable at the date of entry into force of Regulation (EC) No. .../2008 of the European Parliament and of the Council of ... [amending Regulation (EC) No 1228/2003 on conditions for access to the network for cross-border exchanges in electricity] (12) shall automatically continue to apply.

| (7) | The following articles shall be inserted:


  ‘Article 7a


  Removal of administrative barriers to increase capacity



  Member States shall review their procedures with the aim of identifying and removing any administrative barriers to increasing the amount of interconnection capacity. Member States shall identify the grid segments that need to be reinforced in order to increase the overall level of cross-border interconnection capacity in line with the objective of broad market integration.


  ║ Article 7b

  Retail markets

  In order to facilitate the emergence of well-functioning

  , efficient
  and transparent ▐ markets at a regional and Community level, Member States shall ensure that the roles and responsibilities of transmission system operators, distribution system operators, supply undertakings and customers and, if necessary, other market participants are defined
  in detail
  with respect to contractual arrangements, commitment to customers, data exchange and settlement rules, data ownership and metering responsibility.

  Those rules shall be made public ▐ and shall be subject to review by the national regulatory authorities.’ |
| --- | --- |

(7)

The following articles shall be inserted:

‘Article 7a

Removal of administrative barriers to increase capacity

Member States shall review their procedures with the aim of identifying and removing any administrative barriers to increasing the amount of interconnection capacity. Member States shall identify the grid segments that need to be reinforced in order to increase the overall level of cross-border interconnection capacity in line with the objective of broad market integration.

║ Article 7b

Retail markets

In order to facilitate the emergence of well-functioning

  , efficient
  and transparent ▐ markets at a regional and Community level, Member States shall ensure that the roles and responsibilities of transmission system operators, distribution system operators, supply undertakings and customers and, if necessary, other market participants are defined
  in detail
  with respect to contractual arrangements, commitment to customers, data exchange and settlement rules, data ownership and metering responsibility.

Those rules shall be made public ▐ and shall be subject to review by the national regulatory authorities.’

| (8) | Article 8 shall be replaced by the following:

  ‘Article 8


  Guidelines
  relating to inter-transmission system operator compensation mechanisms

  1.   Where appropriate,
  the Commission may adopt
  guidelines relating to the inter-transmission system operator compensation mechanism
  that
  shall specify, in accordance with the principles set out in Articles 3 and 4:






  (a) | details of the procedure for determining which transmission system operators are liable to pay compensation for cross-border flows including as regards the split between the operators of national transmission systems from which cross-border flows originate and the systems where those flows end, in accordance with Article 3(2); |
| --- | --- | --- |

(8)

Article 8 shall be replaced by the following:

‘Article 8

Guidelines
  relating to inter-transmission system operator compensation mechanisms

1.   Where appropriate,
  the Commission may adopt
  guidelines relating to the inter-transmission system operator compensation mechanism
  that
  shall specify, in accordance with the principles set out in Articles 3 and 4:

(a)

details of the procedure for determining which transmission system operators are liable to pay compensation for cross-border flows including as regards the split between the operators of national transmission systems from which cross-border flows originate and the systems where those flows end, in accordance with Article 3(2);

| (b) | details of the payment procedure to be followed, including the determination of the first period of time for which compensation is to be paid, in accordance with the second subparagraph of Article 3(3); |
| --- | --- |

(b)

details of the payment procedure to be followed, including the determination of the first period of time for which compensation is to be paid, in accordance with the second subparagraph of Article 3(3);

| (c) | details of methodologies for determining the cross-border flows hosted for which compensation is to be paid under Article 3, in terms of both quantity and type of flows, and the designation of the magnitudes of such flows as originating and/or ending in transmission systems of individual Member States, in accordance with Article 3(5); |
| --- | --- |

(c)

details of methodologies for determining the cross-border flows hosted for which compensation is to be paid under Article 3, in terms of both quantity and type of flows, and the designation of the magnitudes of such flows as originating and/or ending in transmission systems of individual Member States, in accordance with Article 3(5);

| (d) | details of the methodology for determining the costs and benefits incurred as a result of hosting cross-border flows, in accordance with Article 3(6); |
| --- | --- |

(d)

details of the methodology for determining the costs and benefits incurred as a result of hosting cross-border flows, in accordance with Article 3(6);

| (e) | details of the treatment in the context of the inter-transmission system operator compensation mechanism of electricity flows originating or ending in countries outside the European Economic Area; and |
| --- | --- |

(e)

details of the treatment in the context of the inter-transmission system operator compensation mechanism of electricity flows originating or ending in countries outside the European Economic Area; and

| (f) | the participation of national systems which are interconnected through direct current lines, in accordance with Article 3. |
| --- | --- |

(f)

the participation of national systems which are interconnected through direct current lines, in accordance with Article 3.

2.   Guidelines
  on inter-transmission system operator compensation mechanisms
  may also determine appropriate rules leading to a progressive harmonisation of the underlying principles for the setting of charges applied to producers and consumers (load) under national tariff systems, including the reflection of the inter-transmission system operator compensation mechanism in national network charges and the provision of appropriate and efficient locational signals, in accordance with the principles set out in Article 4.

The guidelines
  on inter-transmission system operator compensation mechanisms
  shall make provision for appropriate and efficient harmonised locational signals at Community level.

Any harmonisation in this respect shall not prevent Member States from applying mechanisms to ensure that network access charges borne by consumers (load) are comparable throughout their territory.

3.   Where appropriate,
  the Commission may propose additional guidance
  providing the minimum degree of harmonisation required to achieve the aim of this Regulation ▐.

4.   Guidelines on the management and allocation of available transfer capacity of interconnections between national systems are laid down in the Annex.

▐’

| (9) | Article 12(1) shall be replaced by the following:


  ‘
  1.
     
  Without prejudice to paragraph 2, the Member States shall ensure that national regulatory authorities have the competence effectively to ensure compliance with this Regulation by providing them, or other bodies, with the legal competence to issue compliance orders and to impose effective, dissuasive and proportionate penalties. The Member States shall inform the Commission thereof by 1 January 2010 and shall inform it without delay of any subsequent amendment.
  ’ |
| --- | --- |

(9)

Article 12(1) shall be replaced by the following:

‘
  1.
     
  Without prejudice to paragraph 2, the Member States shall ensure that national regulatory authorities have the competence effectively to ensure compliance with this Regulation by providing them, or other bodies, with the legal competence to issue compliance orders and to impose effective, dissuasive and proportionate penalties. The Member States shall inform the Commission thereof by 1 January 2010 and shall inform it without delay of any subsequent amendment.
  ’

| (10) | Article 13(2) shall be replaced by the following:
  ‘2.   Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’ |
| --- | --- |

(10)

Article 13(2) shall be replaced by the following:

‘2.   Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’

Article 2

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

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

Done at ║

For the European Parliament

The President

For the Council

The President

---

(1)  
  OJ C 211, 19.8.2008, p. 23.

1

OJ C 211, 19.8.2008, p. 23.

(2)  
  OJ C 172, 5.7.2008, p. 55.

2

OJ C 172, 5.7.2008, p. 55.

(3)  Position of the European Parliament of 18 June 2008.

3

Position of the European Parliament of 18 June 2008

(4)  OJ L 176, 15.7.2003, p. 37.

4

(5)  OJ L 176, 15.7.2003, p. 1.

5

(6)  OJ L ...

6

(7)  OJ L 184, 17.7.1999, p. 23 ║.

7

(8)  
  OJ L 200, 22.7.2006, p. 11.

8

OJ L 200, 22.7.2006, p. 11.

(9)  OJ C 255, 21.10.2006, p. 1.

9

(10)  OJ L ...”

10

OJ L ...

(11)  
  OJ L 262, 22.9.2006, p. 1.’

11

OJ L 262, 22.9.2006, p. 1.

(12)  
  OJ L ...
  ’

12

OJ L ...

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/149 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/149

---

Wednesday 18 June 2008Agency for the Cooperation of Energy Regulators ***I

P6_TA(2008)0296

European Parliament legislative resolution of 18 June 2008 on the proposal for a regulation of the European Parliament and of the Council establishing an Agency for the Cooperation of Energy Regulators (COM(2007)0530 — C6-0318/2007 — 2007/0197(COD))

2009/C 286 E/45

(Codecision procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0530),

having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0318/2007),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Budgets, the Committee on Economic and Monetary Affairs and the Committee on the Internal Market and Consumer Protection (A6-0226/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Stresses that, in the event that an Agency for the Cooperation of Energy Regulators is established, all financing options provided for in the Interinstitutional Agreement of 17 May 2006 between Parliament, the Council and the Commission on budgetary discipline and sound financial management (1) should be considered; |
| --- | --- |

2.

Stresses that, in the event that an Agency for the Cooperation of Energy Regulators is established, all financing options provided for in the Interinstitutional Agreement of 17 May 2006 between Parliament, the Council and the Commission on budgetary discipline and sound financial management (1) should be considered;

| 3. | Considers that Point 47 of the Interinstitutional Agreement should be applied in relation to the establishment of the Agency and that Parliament should enter into negotiations with the other arm of the budgetary authority with a view to reaching a timely agreement on the financing of the Agency in line with the relevant provisions of the Interinstitutional Agreement; |
| --- | --- |

3.

Considers that Point 47 of the Interinstitutional Agreement should be applied in relation to the establishment of the Agency and that Parliament should enter into negotiations with the other arm of the budgetary authority with a view to reaching a timely agreement on the financing of the Agency in line with the relevant provisions of the Interinstitutional Agreement;

| 4. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

4.

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

| 5. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 139, 14.6.2006, p. 1. Agreement as amended by Decision 2008/29/EC of the European Parliament and of the Council (OJ L 6, 10.1.2008, p. 7).

---

Wednesday 18 June 2008P6_TC1-COD(2007)0197

Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on establishing an Agency for the Cooperation of Energy Regulators

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission ║,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | The Communication of the Commission of 10 January 2007 entitled ‘An Energy Policy for Europe’ ║ highlighted the importance of completing the internal market for electricity and natural gas. Improving the regulatory framework at Community level was identified as a key measure to achieve that objective. |
| --- | --- |

(1)

The Communication of the Commission of 10 January 2007 entitled ‘An Energy Policy for Europe’ ║ highlighted the importance of completing the internal market for electricity and natural gas. Improving the regulatory framework at Community level was identified as a key measure to achieve that objective.

| (2) | An independent advisory group on electricity and gas, ║ the ║ European Regulators Group for Electricity and Gas║ (ERGEG), was established by Commission Decision 2003/796/EC (4) to facilitate consultation, coordination and cooperation between the regulatory bodies in Member States, and between those bodies and the Commission, with a view to consolidating the internal market for electricity and ║ gas. The ERGEG is composed of representatives of the national regulatory authorities established pursuant to Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity ║ (5) and Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas ║ (6). |
| --- | --- |

(2)

An independent advisory group on electricity and gas, ║ the ║ European Regulators Group for Electricity and Gas║ (ERGEG), was established by Commission Decision 2003/796/EC (4) to facilitate consultation, coordination and cooperation between the regulatory bodies in Member States, and between those bodies and the Commission, with a view to consolidating the internal market for electricity and ║ gas. The ERGEG is composed of representatives of the national regulatory authorities established pursuant to Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity ║ (5) and Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas ║ (6).

| (3) | The work undertaken by the ERGEG since its establishment has made a positive contribution to the internal market in electricity and gas. ║It is, however, widely recognised in the sector, and has been proposed by the ERGEG itself, that voluntary cooperation between national regulatory authorities should now take place within a Community structure with clear competences and with the power to adopt ▐ regulatory decisions in a number of specific cases. |
| --- | --- |

(3)

The work undertaken by the ERGEG since its establishment has made a positive contribution to the internal market in electricity and gas. ║It is, however, widely recognised in the sector, and has been proposed by the ERGEG itself, that voluntary cooperation between national regulatory authorities should now take place within a Community structure with clear competences and with the power to adopt ▐ regulatory decisions in a number of specific cases.

| (4) | The 2007 Spring European Council║ invited the Commission to propose measures to set up an independent mechanism for national regulatory authorities to cooperate. |
| --- | --- |

(4)

The 2007 Spring European Council║ invited the Commission to propose measures to set up an independent mechanism for national regulatory authorities to cooperate.

| (5) | Тhe Member States should cooperate closely, eliminating obstacles to cross-border exchanges of electricity and gas with a view to achieving the objectives of the Community's energy policy. Establishing an Agency for the Cooperation of Energy Regulators (the Agency) for this purpose should incorporate the Community perspective into the national regulatory authorities’ practices and enhance the effectiveness of the Community principles of equal treatment and fair conditions of access to the trans-European networks for transporting electricity and gas, and thus contribute to the proper functioning of the internal energy market. The Agency should also enable national regulatory authorities to enhance their cooperation at Community level and participate, on a mutual basis, in the exercise of Community-related functions. |
| --- | --- |

(5)

Тhe Member States should cooperate closely, eliminating obstacles to cross-border exchanges of electricity and gas with a view to achieving the objectives of the Community's energy policy. Establishing an Agency for the Cooperation of Energy Regulators (the Agency) for this purpose should incorporate the Community perspective into the national regulatory authorities’ practices and enhance the effectiveness of the Community principles of equal treatment and fair conditions of access to the trans-European networks for transporting electricity and gas, and thus contribute to the proper functioning of the internal energy market. The Agency should also enable national regulatory authorities to enhance their cooperation at Community level and participate, on a mutual basis, in the exercise of Community-related functions.

| (6) | On the basis of the impact assessment of the resource requirements for a central entity, it was concluded that an independent central entity offered a number of long-term advantages over other options. ║ |
| --- | --- |

(6)

On the basis of the impact assessment of the resource requirements for a central entity, it was concluded that an independent central entity offered a number of long-term advantages over other options. ║

| (7) | The Agency should ensure that regulatory functions performed by the national regulatory authorities at national level ║ in accordance with Directives 2003/54/EC and ║ 2003/55/EC are properly coordinated and, where necessary, completed at the Community level. To that end, it is necessary to guarantee the independence of the Agency
  and its members vis-à-vis consumers, energy producers and transmission and distribution system operators, whether public or private, and to ensure conformity of its actions with Community legislation
  , its technical
  capacity, its capacity to adjust to regulatory developments
  and its transparency
  , amenability to democratic control
  and efficiency. |
| --- | --- |

(7)

The Agency should ensure that regulatory functions performed by the national regulatory authorities at national level ║ in accordance with Directives 2003/54/EC and ║ 2003/55/EC are properly coordinated and, where necessary, completed at the Community level. To that end, it is necessary to guarantee the independence of the Agency
  and its members vis-à-vis consumers, energy producers and transmission and distribution system operators, whether public or private, and to ensure conformity of its actions with Community legislation
  , its technical
  capacity, its capacity to adjust to regulatory developments
  and its transparency
  , amenability to democratic control
  and efficiency.

| (8) | The Agency should monitor the cooperation between transmission system operators in the electricity and gas sectors as well as the execution of the tasks of the European networks of transmission system operators for electricity and gas. The involvement of the Agency is essential in order to ensure that the cooperation between transmission system operators proceeds in an efficient and transparent way for the benefit of the internal market. |
| --- | --- |

(8)

The Agency should monitor the cooperation between transmission system operators in the electricity and gas sectors as well as the execution of the tasks of the European networks of transmission system operators for electricity and gas. The involvement of the Agency is essential in order to ensure that the cooperation between transmission system operators proceeds in an efficient and transparent way for the benefit of the internal market.

| (9) | The Agency should systematically monitor markets for market distortions, and inform the European Parliament, the Commission and national authorities thereof where appropriate. |
| --- | --- |

(9)

The Agency should systematically monitor markets for market distortions, and inform the European Parliament, the Commission and national authorities thereof where appropriate.

| (10) | It is appropriate to provide
  an integrated
  framework within which national regulatory authorities are able to
  participate and
  cooperate. Such a framework should facilitate the uniform application of the legislation on the internal market for electricity and gas throughout the Community. As regards situations concerning more than one Member State, the Agency should be granted the power to adopt individual decisions. Such power should cover the regulatory regime for infrastructure connecting at least two Member States including exemptions from the internal market rules for new electricity interconnectors and new gas infrastructures located in more than one Member State. |
| --- | --- |

(10)

It is appropriate to provide
  an integrated
  framework within which national regulatory authorities are able to
  participate and
  cooperate. Such a framework should facilitate the uniform application of the legislation on the internal market for electricity and gas throughout the Community. As regards situations concerning more than one Member State, the Agency should be granted the power to adopt individual decisions. Such power should cover the regulatory regime for infrastructure connecting at least two Member States including exemptions from the internal market rules for new electricity interconnectors and new gas infrastructures located in more than one Member State.

| (11) | Since the Agency has an overview of the national regulatory authorities
  and other sources of information and expertise
  , it should have an advisory role in relation to the Commission
  , other Community institutions and the national regulatory authorities of at least two Member States
  as regards market regulation issues. The Agency should also be required to inform the Commission where it finds that ║ cooperation between transmission system operators fails to produce the results ║needed or that a national regulatory authority whose decision has violated guidelines is not willing to comply with the Agency's
  opinions, recommendations or decisions. |
| --- | --- |

(11)

Since the Agency has an overview of the national regulatory authorities
  and other sources of information and expertise
  , it should have an advisory role in relation to the Commission
  , other Community institutions and the national regulatory authorities of at least two Member States
  as regards market regulation issues. The Agency should also be required to inform the Commission where it finds that ║ cooperation between transmission system operators fails to produce the results ║needed or that a national regulatory authority whose decision has violated guidelines is not willing to comply with the Agency's
  opinions, recommendations or decisions.

| (12) | The Agency should also be able to issue
  binding
  guidelines to assist regulatory authorities and market players in sharing good practices. |
| --- | --- |

(12)

The Agency should also be able to issue
  binding
  guidelines to assist regulatory authorities and market players in sharing good practices.

| (13) | The Agency should consult interested parties, where appropriate, and provide them with a reasonable opportunity to comment on proposed measures, such as draft network codes and rules. |
| --- | --- |

(13)

The Agency should consult interested parties, where appropriate, and provide them with a reasonable opportunity to comment on proposed measures, such as draft network codes and rules.

| (14) | The structure of the Agency should be adapted to meet the specific needs of energy regulation. In particular, the specific role of the national regulatory authorities ▐ needs to be taken fully into account
  and their independence guaranteed. |
| --- | --- |

(14)

The structure of the Agency should be adapted to meet the specific needs of energy regulation. In particular, the specific role of the national regulatory authorities ▐ needs to be taken fully into account
  and their independence guaranteed.

| (15) | The Administrative Board should have the necessary powers to establish the budget, check its implementation, draw up internal rules, adopt financial regulations and appoint the Director. |
| --- | --- |

(15)

The Administrative Board should have the necessary powers to establish the budget, check its implementation, draw up internal rules, adopt financial regulations and appoint the Director.

| (16) | The Agency should have the necessary powers to perform the regulatory functions in an efficient
  , transparent, reasoned
  and, above all, independent manner. The independence of regulatory authorities
  vis-à-vis energy producers and transmission and distribution system operators
  is ▐ a key principle of good governance ▐ and a fundamental condition for ensuring market confidence. Reflecting the situation at

  Community and
  national level, the Board of Regulators
  and its members
  should therefore act independently of any market interest
  , should avoid conflicts of interests
  and should seek or take no instructions
  and accept no recommendations
  from any government or other public or private entity.
  The Board of Regulators should, at the same time, comply with Community legislation concerning energy, the environment, the internal energy market and competition and should report to the Community institutions as regards its decisions and proposals. |
| --- | --- |

(16)

The Agency should have the necessary powers to perform the regulatory functions in an efficient
  , transparent, reasoned
  and, above all, independent manner. The independence of regulatory authorities
  vis-à-vis energy producers and transmission and distribution system operators
  is ▐ a key principle of good governance ▐ and a fundamental condition for ensuring market confidence. Reflecting the situation at

  Community and
  national level, the Board of Regulators
  and its members
  should therefore act independently of any market interest
  , should avoid conflicts of interests
  and should seek or take no instructions
  and accept no recommendations
  from any government or other public or private entity.
  The Board of Regulators should, at the same time, comply with Community legislation concerning energy, the environment, the internal energy market and competition and should report to the Community institutions as regards its decisions and proposals.

| (17) | Where the Agency has decision-making powers, interested parties should, for reasons of procedural economy, be granted a right of appeal,
  in the first instance
  , to a Board of Appeal, which should be part of the Agency, but independent from its administrative and regulatory structure.
  The decision of the Board of Appeal should be subject to appeal to the Court of Justice. |
| --- | --- |

(17)

Where the Agency has decision-making powers, interested parties should, for reasons of procedural economy, be granted a right of appeal,
  in the first instance
  , to a Board of Appeal, which should be part of the Agency, but independent from its administrative and regulatory structure.
  The decision of the Board of Appeal should be subject to appeal to the Court of Justice.

| (18) | The Agency should be financed mainly from the general budget of the EuropeanUnion, by fees and ▐ contributions. In particular, the resources currently pooled by regulatory authorities for their cooperation at European level should continue to be available to the Agency. The Community budgetary procedure should remain applicable as far as any subsidies chargeable to the general budget of the European Union are concerned. Moreover, the auditing of accounts should be undertaken by the Court of Auditors in accordance with Article 91 of Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (7). |
| --- | --- |

(18)

The Agency should be financed mainly from the general budget of the EuropeanUnion, by fees and ▐ contributions. In particular, the resources currently pooled by regulatory authorities for their cooperation at European level should continue to be available to the Agency. The Community budgetary procedure should remain applicable as far as any subsidies chargeable to the general budget of the European Union are concerned. Moreover, the auditing of accounts should be undertaken by the Court of Auditors in accordance with Article 91 of Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (7).

| (19) | After the establishment of the Agency, its budget should be assessed by the budgetary authority on an ongoing basis, with reference to the Agency's workload and performance. That assessment should determine whether sufficient human and financial resources are available. The budgetary authority should ensure that the best standards of efficiency are met. |
| --- | --- |

(19)

After the establishment of the Agency, its budget should be assessed by the budgetary authority on an ongoing basis, with reference to the Agency's workload and performance. That assessment should determine whether sufficient human and financial resources are available. The budgetary authority should ensure that the best standards of efficiency are met.

| (20) | The Agency should have highly professional staff. In particular, it should benefit from the competence and experience of staff seconded from the Commission, the Member States and the national regulatory authorities. The Staff Regulations of Officials of the European Communities, the regulations applicable to other servants of the European Communities and the rules adopted jointly by the ║ Community institutions for the purpose of applying those regulations should apply to the staff of the Agency. The Administrative Board, in agreement with the Commission, should adopt the necessary implementing measures. |
| --- | --- |

(20)

The Agency should have highly professional staff. In particular, it should benefit from the competence and experience of staff seconded from the Commission, the Member States and the national regulatory authorities. The Staff Regulations of Officials of the European Communities, the regulations applicable to other servants of the European Communities and the rules adopted jointly by the ║ Community institutions for the purpose of applying those regulations should apply to the staff of the Agency. The Administrative Board, in agreement with the Commission, should adopt the necessary implementing measures.

| (21) | The Agency should apply the general rules regarding public access to documents held by Community bodies. The Administrative board should establish the practical measures to protect commercially sensitive data and personal data. |
| --- | --- |

(21)

The Agency should apply the general rules regarding public access to documents held by Community bodies. The Administrative board should establish the practical measures to protect commercially sensitive data and personal data.

| (22) | Participation of third countries in the work of the Agency should be possible in accordance with appropriate agreements to be concluded by the Community. |
| --- | --- |

(22)

Participation of third countries in the work of the Agency should be possible in accordance with appropriate agreements to be concluded by the Community.

| (23) | The Commission should present to the European Parliament and to the Council, no later than three years after the first director of the Agency has taken up his/her duties and every three years thereafter, an evaluation report on the Agency's specific tasks and the results achieved, accompanied by any appropriate proposals. |
| --- | --- |

(23)

The Commission should present to the European Parliament and to the Council, no later than three years after the first director of the Agency has taken up his/her duties and every three years thereafter, an evaluation report on the Agency's specific tasks and the results achieved, accompanied by any appropriate proposals.

| (24) | Since the objectives of this Regulation, namely

  the participation and
  cooperation of national regulatory authorities at Community level, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(24)

Since the objectives of this Regulation, namely

  the participation and
  cooperation of national regulatory authorities at Community level, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

| (25) | The Agency should be fully accountable to the European Parliament, |
| --- | --- |

(25)

The Agency should be fully accountable to the European Parliament,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation establishes an Agency for the Cooperation of Energy Regulators (hereinafter referred to as ‘the Agency’) ║ for the purpose of complementing at Community level the regulatory tasks performed at national level by the regulatory authorities referred to in Article 22a of Directive 2003/54/EC and Article 24a of Directive 2003/55/EC, and, where necessary, to coordinate their action.

Article 2

Legal status and seat

1.   The Agency shall be a Community body with legal personality.

2.   In each Member State, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under national law. It may, in particular, acquire or dispose of movable and immovable property and be a party to legal proceedings.

3.   The Agency shall be represented by its Director.

4.   The seat of the Agency shall be located in
  Brussels
  . Until its premises are ready, it will be hosted on Commission premises.

Article 3

Composition

The Agency shall comprise:

| (a) | an Administrative Board, which shall exercise the responsibilities set out in Article 14; |
| --- | --- |

(a)

an Administrative Board, which shall exercise the responsibilities set out in Article 14;

| (b) | a Board of Regulators, which shall exercise the responsibilities set out in Article 17; |
| --- | --- |

(b)

a Board of Regulators, which shall exercise the responsibilities set out in Article 17;

| (c) | a Director, who shall exercise the responsibilities set out in Article 19; and |
| --- | --- |

(c)

a Director, who shall exercise the responsibilities set out in Article 19; and

| (d) | a Board of Appeal, which shall exercise the responsibilities set out in Article 21. |
| --- | --- |

(d)

a Board of Appeal, which shall exercise the responsibilities set out in Article 21.

Article 4

Tasks
  of the Agency

The Agency
  shall, in the fulfilment of the purpose set out in Article 1
  :

| (a) | issue opinions
  , recommendations and decisions
  addressed to transmission system operators
  , in relation to all technical matters pertaining to the good functioning of the internal energy market
  ; |
| --- | --- |

(a)

issue opinions
  , recommendations and decisions
  addressed to transmission system operators
  , in relation to all technical matters pertaining to the good functioning of the internal energy market
  ;

| (b) | issue opinions addressed to regulatory authorities; |
| --- | --- |

(b)

issue opinions addressed to regulatory authorities;

| (c) | issue opinions and recommendations addressed to
  the European Parliament, the Council, or
  the Commission; |
| --- | --- |

(c)

issue opinions and recommendations addressed to
  the European Parliament, the Council, or
  the Commission;

| (d) | take ▐ decisions in specific cases referred to in
  Articles 6 to 12; |
| --- | --- |

(d)

take ▐ decisions in specific cases referred to in
  Articles 6 to 12;

| (e) | provide a framework within which national regulatory authorities can participate and cooperate; |
| --- | --- |

(e)

provide a framework within which national regulatory authorities can participate and cooperate;

| (f) | overview the execution of the tasks of the European networks of transmission system operators for electricity and gas; |
| --- | --- |

(f)

overview the execution of the tasks of the European networks of transmission system operators for electricity and gas;

| (g) | establish economic and technical terms and conditions for the development of codes and rules drafted by the European networks of transmission system operators for electricity and gas and approve the codes and rules in order to ensure the efficient and secure functioning of the internal energy market; |
| --- | --- |

(g)

establish economic and technical terms and conditions for the development of codes and rules drafted by the European networks of transmission system operators for electricity and gas and approve the codes and rules in order to ensure the efficient and secure functioning of the internal energy market;

| (h) | set methodologies and tariffs for compensation mechanisms between transmission system operators, based on an assessment of their actual costs; |
| --- | --- |

(h)

set methodologies and tariffs for compensation mechanisms between transmission system operators, based on an assessment of their actual costs;

| (i) | coordinate the national regulatory authorities concerned in relation to their operations on regional electricity or gas markets; |
| --- | --- |

(i)

coordinate the national regulatory authorities concerned in relation to their operations on regional electricity or gas markets;

| (j) | together with the Commission, promote interregional cooperation among energy markets and integrate regional energy markets into the internal energy market; |
| --- | --- |

(j)

together with the Commission, promote interregional cooperation among energy markets and integrate regional energy markets into the internal energy market;

| (k) | undertake EU-wide public consultations relating to the matters set out in points (e) to (h). |
| --- | --- |

(k)

undertake EU-wide public consultations relating to the matters set out in points (e) to (h).

Article 5

General tasks

The Agency may, on a request from
  the European Parliament, the Council or
  the Commission or on its own initiative, provide an opinion
  or a recommendation
  to
  the European Parliament, the Council and
  the Commission on all issues related to the purpose for which it has been established.

Article 6

Tasks as regards the cooperation of transmission system operators

1.   The Agency shall provide an opinion to the Commission on the draft statutes, list of members and draft rules of procedure of the European networks of transmission system operators for electricity and gas in accordance with Article 2b(2) of Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity
   (8) and ║ Article 2b(2) of Regulation (EC) No 1775/2005 of the European Parliament and of the Council of 28 September 2005 on conditions for access to the natural gas transmission networks
   (9).

2.   The Agency shall monitor the execution of the tasks of the European networks of transmission system operators for electricity and gas as provided for in Article 2d of Regulation (EC) No 1228/2003 and ║ Article 2d of Regulation (EC) No 1775/2005.

3.   The Agency
  shall approve the 10-year investment plans of
  the European
  networks
  of transmission system operators for electricity
  and gas, referred to
  in
  Article 2c
  of Regulation (EC) No 1228/2003 and ▐ in
  Article 2c
  of Regulation (EC) No 1775/2005
  , ensuring non-discrimination, effective competition and the efficient and secure functioning of the internal energy market
  .

4.
     
  The 10-year investment plans shall contain provisions for the transition to smart metres and grids within 10 years of the entry into force of this Regulation. The Agency and the national regulatory authorities shall monitor the progress of transmission system operators towards the development of smart metres and grids. To this end, the Agency and national regulatory authorities shall establish an incremental timetable including a deadline for completion.

The Agency shall ensure that those information and communication systems, including smart metres and grids, that are implemented, facilitate the development of the internal energy market and do not introduce any new technical barriers.

5.
     
  The Agency shall draft and adopt guidelines establishing basic, clear and objective principles for the harmonisation of network rules, following the process set out in Article 2e of Regulation (EC) No 1228/2003 and in Article 2e of Regulation (EC) No 1775/2005. The Agency shall adopt the draft network codes developed by the European networks of transmission system operators for electricity and gas, following the procedure set out in Article 2f of Regulation (EC) No 1228/ 2003 and Article 2f of Regulation (EC) No 1775/ 2005 and shall monitor their implementation. The Agency may make a recommendation to the Commission under Article 2f(7) of Regulation (EC) No 1228/2003 or Article 2f(7) of Regulation (EC) No 1775/2005.

6.
     
  The Agency shall coordinate communications between EU and third-country transmission system operators.

7.   The Agency shall provide a duly justified opinion to
  the European Parliament, the Council and
  the Commission
  ,

  in the event that it considers that the draft annual work programme or the draft 10-year investment plan submitted to it in accordance with Article 2d(2) of Regulation (EC) No 1228/2003 and Article 2d(2) of Regulation (EC) No 1775/2005 do not ensure non-discrimination, effective competition or the efficient functioning of the market
  , or are not in conformity with the energy policy set out in Community law
  .

8.   
  By delegation of the Commission's powers and in compliance with

  Article 2f(2) of Regulation (EC) No 1228/2003 and Article 2f(2) of Regulation (EC) No 1775/2005,
  the Agency may take enforcement decisions and propose that the Commission impose fines
  where it considers ▐ that a
  draft
  technical ▐ code has not been adopted within a reasonable period of time or that the transmission system operators fail to implement a technical ▐ code.

9.   The Agency shall monitor the regional cooperation of transmission system operators referred to in Article 2i of Regulation (EC) No 1228/2003 and Article 2i of Regulation (EC) No 1775/2005.

10.
     
  The Agency shall monitor the authorisation process of the construction of new cross-border capacities, and ensure the speeding up of this process within the confines of enhanced regional cooperation.

11.
     
  The Agency shall monitor the cross-border capacity calculations by transmission system operators and the actual (aggregate) use of the interconnection capacity between the grids, as well as resolving problems of unfair, discriminatory or inefficient access across national borders.

12.
     
  The Agency may impose effective sanctions if barriers to cross-border trade are not removed.

13.
     
  The Agency may take binding decisions in regard to all issues affecting access and use of connected transmission systems involving more than one Member State if joint agreement has not been reached by the relevant national regulatory authorities.

Article 7

Tasks as regards the national regulatory authorities

1.   The Agency shall adopt individual decisions on technical issues where these decisions are provided for in Guidelines pursuant to Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005.

2.   The Agency may, in accordance with its work programme or at the request of the Commission, adopt non-binding guidelines to assist regulatory authorities and market players in sharing good practices.

3.   The Agency shall
  ensure
  cooperation between the national regulatory authorities ▐ at
  Community and
  regional level. Where the Agency considers that binding rules relating to such cooperation are required, it shall make the appropriate recommendations to the Commission.

4.   The Agency shall provide an opinion, at the request of any regulatory authority ▐, on whether a decision taken by a regulatory authority complies with the Guidelines referred to in Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005
  and other Community law relating to energy policy
  .

5.   Where a national regulatory authority fails to comply with the opinion of the Agency as referred to in paragraph 4 within four months from the date of receipt, the Agency shall advise the Commission
  and the government of the Member State in question accordingly
  .

6.   When a national regulatory authority encounters, in a specific case, difficulties with the application of the Guidelines referred to in Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005, it may ask the Agency for an opinion. The Agency shall deliver its opinion ▐ within
  two
  months of that request.

7.   The Agency shall decide on the regulatory regime for infrastructure connecting at least two Member States, in accordance with Article 22d(3) of Directive 2003/54/EC and Article 24d(3) of Directive 2003/55/EC.

8
  .   
  The Agency shall monitor developments in the electricity and gas markets, in particular the access of energy from renewable sources to the grid, by ensuring positive benchmarking of national rules on such access and by facilitating such access in other Member States.

Article 8

Other tasks

1.   The Agency may grant exemptions, as provided for in Article 7(4)(a) of Regulation (EC) No 1228/2003. The Agency may also grant exemptions as provided for in Article 22(3)(a) of Directive 2003/55/EC where the infrastructure concerned is located in the territory of more than one Member State.

In the event that the Agency fails to adopt a decision in relation to an application for a grant of exemption under this paragraph within three months of receipt of the application, the Commission shall take such a decision in its place.

2.   The Agency shall propose an independent system operator in accordance with Article 10(4) of Directive 2003/54/EC and Article 9(4) of Directive 2003/55/EC.

3
  .   
  The Agency shall promote efforts to give practical shape to the guidelines on trans-European energy networks as laid down in Decision No 1364/2006/EC of the European Parliament and of the Council of 6 September 2006 laying down guidelines for trans-European energy networks

   (10).

In particular, the Agency shall into take account those guidelines when it approves the 10-year investment plans in accordance with Article 6(3).

4
  .   
  The Agency shall, at the request of the Commission, take on specific additional tasks that relate to its purpose.

Article 9

Energy storage and crisis management

1
  .   
  When publishing its annual report, the Agency shall identify the European Union's storage requirements, in both cyclical and security terms, and shall set out guidelines relating to investment in production and transmission infrastructure
  .

2
  .   
  The Agency shall coordinate the national energy crisis management mechanisms at Community level.

3
  .   
  The Agency shall coordinate communications between EU and third-country operators.

Article 10

Consultation and Transparency

1
  .   
  Before adopting any measure, the Agency shall formally consult market participants, consumers and end-users in an open and transparent manner, in particular with regard to its tasks as regards the cooperation of transmission system operators.

The Agency shall, where appropriate, give interested parties a reasonable opportunity to comment on the proposed measure and shall make public the results of the consultation procedure.

2
  .   
  The Agency shall carry out its activities with a high level of transparency

3
  .   
  The Agency shall ensure that the public and any interested parties are given objective, reliable and easily accessible information, in particular with regard to the results of its work, where appropriate.

4
  .   
  The Agency shall establish, in its internal rules of procedure, the practical arrangements for implementing the transparency requirements referred to in paragraphs 2 and 3.

5
  .   
  The Agency shall publish, on its own website, at least the agenda, background documents and minutes of the meetings of its Administrative Board, Board of Regulators and Board of Appeal.

Article 11

Monitoring and reporting on the energy sector

1
  .   
  The Agency shall monitor developments in the electricity and gas markets, and in particular the retail prices of electricity and gas and compliance with the consumer rights set out in Directives 2003/55/EC and 2003/54/EC.

2
  .   
  The Agency shall publish an annual report on the developments in the electricity and gas markets, including consumer issues, in which it shall identify any remaining barriers to the completion of the internal energy market.

3
  .   
  When publishing its annual report, the Agency may submit to the European Parliament and to the Commission, an opinion on the measures that might be taken to remove any barriers referred to in paragraph 2.

Article 12

Supervision, enforcement and penalties

1
  .   
  The Agency, in consultation with the Commission, may impose financial penalties on transmission system operators that fail to comply with Article 7 or that fail to provide information requested by the Agency to perform its tasks. Those penalties shall be effective, proportionate and dissuasive.

2
  .   
  The national regulatory authorities, in cooperation with the Agency, shall be responsible for verifying compliance by transmission system operators with obligations arising from the provisions of this Regulation.

3
  .   
  When penalties are imposed under this Article, the Authority shall publish the names of the transmission system operators involved and the amounts of and reasons for the financial penalties imposed.

Article 13

Administrative Board

1.   The Administrative Board shall be composed of
  six
  members.
  Two
  shall be appointed by the Commission,
  two
  by the Council
  and two by the European Parliament. No member of the Administrative Board shall also be a Member of the European Parliament.
  The term of office shall be five years, renewable once.

2.   The Administrative Board shall appoint its Chairperson and its Vice-Chairperson from among its members. The Vice-Chairperson shall automatically replace the Chairperson if the latter is not in a position to perform his/her duties. The term of office of the Chairperson and of the Vice-Chairperson shall be two and a half years and shall be renewable. In any event, however, the term of office of the Chairperson and that of the Vice-Chairperson shall expire the moment they cease to be members of the Administrative Board.

3.   Meetings of the Administrative Board shall be convened by its Chairperson. The
  Chairperson of the Board of Regulators or his/her nominee from that Board and the
  Director of the Agency shall participate in the deliberations
  without the right to vote
  . The Administrative Board shall meet at least twice a year in ordinary session. It shall also meet at the initiative of its Chairperson, at the request of the Commission or at the request of at least a third of its members. The Administrative Board may invite any person with potentially relevant opinions to attend its meetings in the capacity of an observer. The members of the Administrative Board may, subject to the rules of procedure, be assisted by advisers or by experts. The Administrative Board's secretarial services shall be provided by the Agency.

4.   Decisions of the Administrative Board shall be adopted on the basis of a two-thirds majority of the members present
  , unless provided otherwise in this Regulation or in the Agency's statute
  .

5.   Each member shall have one vote. The rules of procedure shall set out in greater detail the arrangements governing voting, especially the conditions whereby one member can act on behalf of another and also, where appropriate, the rules governing quorums.

6
  .   
  Members of the Administrative Board shall undertake to act independently in the public interest. For that purpose, they shall make annual written declaration of commitments and a written declaration of interests indicating either the absence of any interest which may be considered prejudicial to their independence or any direct or indirect interest which might be considered prejudicial to their independence. Those declarations shall be made public.

7
  .   
  The Administrative Board shall carry out its tasks independently, objectively and in the public interest, without seeking or taking any instructions from national or regional governments.

8
  .   
  No member of the Administrative Board shall also be a member of the Board of Regulators.

9
  .   
  The Administrative Board may be removed from office upon the proposal of the Commission and by a decision taken by the European Parliament. The European Parliament shall take its decision by absolute majority vote.

Article 14

Tasks of the Administrative Board

1.   The Administrative Board shall,
  with the assent of
  the Board of Regulators
  and subject to a vote of approval by the European Parliament
  , appoint the Director in accordance with Article 18(2).

▐

2.   The Administrative Board shall appoint the members of the Board of Appeal in accordance with Article 20(1).

3.   The Administrative Board shall adopt, before 30 September each year, ║ after consulting
  the European Parliament and
  the Commission and after approval by the Board of Regulators in accordance with Article 17(3), the work programme of the Agency for the coming year and shall transmit it to the European Parliament, the Council and the Commission. The work programme shall be adopted without prejudice to the annual budgetary procedure
  and shall be made public
  .

4.   The Administrative Board shall exercise its budgetary powers in accordance with Articles 23 to 26.

5.   The Administrative Board shall decide, after having obtained the agreement of the Commission, whether to accept any legacies or donations or grants from other Community sources.

6.   The Administrative Board shall
  , in consultation with the Board of Regulators,
  exercise disciplinary authority over the Director.

7
  .   
  The European Parliament may invite any member or members of the Administrative Board to make a statement before its competent committee and answer questions put by members of that committee

8.   The Administrative Board shall, where necessary, draw up the Agency's staff policy pursuant to Article 30(2).

9.   The Administrative Board shall adopt the special provisions on right of access to the documents of the Agency, in accordance with Article 32.

10.   The Administrative Board shall adopt the annual report on the activities of the Agency, referred to in Article 19(9), and
  the annual report on the developments in the electricity and gas markets, referred to in Article 11(2). The Agency
  shall transmit
  the annual reports
  to the European Parliament, the Council, the Commission, the European Economic and Social Committee
  , the Committee of the Regions
  and the Court of Auditors by
  15 April
  . The report on the activities of the Agency shall contain an independent section, approved by the Board of Regulators, concerning the regulatory activities of the Agency during the year considered.
  The abovementioned Community institutions and bodies shall grant or refuse approval of the implementation by the Agency of EU policies on energy, the internal energy market and competition.

11.   The Administrative Board shall adopt its own rules of procedure.

Article 15

Reporting by the Administrative Board

The European Parliament and the Council may call upon the Administrative Board to submit a report on the performance of its duties.

Article 16

Board of Regulators

1.   The Board of Regulators shall be composed of one representative per Member State from
  the heads of
  the
  national
  regulatory authorities
  or their representative pursuant to
  Article 22a of Directive 2003/54/EC and Article 24a of Directive 2003/55/EC, and one non-voting representative of the Commission.
  Only one representative per Member State from the national regulatory authority may be admitted to the Board of Regulators. Each
  national regulatory
  authority
  shall
  be responsible for nominating the
  alternate
  from current staff of the national regulatory authority
  .

2.   The Board of Regulators shall elect a Chairperson and a Vice-Chairperson from among its members. The Vice-Chairperson shall replace the Chairperson if the latter is not in a position to perform his/her duties. The term of office of the Chairperson and of the Vice-Chairperson shall be two and a half years and shall be renewable. In any event, however, the term of office of the Chairperson and that of the Vice-chairperson shall expire the moment they cease to be members of the Board of Regulators.

3.   The Board of Regulators shall act by a
  two-thirds
  majority of
  its
  members
  present
  . Each member or alternate shall have one vote.

4.   The Board of Regulators shall adopt its Rules of procedure.
  The rules of procedure shall set out in greater detail the arrangements governing voting, especially voting by proxy, and also, where appropriate, the rules governing quorums. The rule of procedures may foresee specific working methods for the consideration of issues arising in the context of regional cooperation initiatives.

5.   When carrying out the tasks conferred upon it by this Regulation, the Board of Regulators shall act independently and ║ shall seek or take no instructions from any government of a Member State or from any public or private entity.

6.   The Board of Regulators’ secretarial services shall be provided by the Agency.

7
  .   
  The European Parliament and the Council may call upon the Chairperson of the Board of Regulators to submit a report on the performance of his/her duties
  .

Article 17

Tasks of the Board of Regulators

1.   The Board of Regulators shall provide
  its assent
  to the Director before the adoption of the opinions, recommendations and decisions referred to in
  Articles 5 to 11 in accordance with Article 19(3)
  . In addition, the Board of Regulators, within its field of competence, shall provide guidance to the Director in the execution of the Director's tasks.
  The Director shall execute his/her tasks in accordance with the decisions of the Board of Regulators, which should be the only decision-making body of the Agency as regards energy market regulation.

2.   The Board of Regulators shall deliver
  its assent
  on the candidate to be appointed as Director in accordance with Articles 14(1) and 18(2). The Board of Regulators shall reach this decision on the basis of a majority of three quarters of its members.

3.   The Board of Regulators shall, in accordance with Articles 14(3) and 19(7) and in line with the draft budget established according to Article 25(1), approve the work programme of the Agency for the coming year and present it before 1 September for adoption by the Administrative Board.

4.   The Board of Regulators shall approve the independent section on regulatory activities of the annual report, as provided for in Articles 14(10) and 19(9).

5
  .   
  The European Parliament may invite any member or members of the Board of Regulators to make a statement before its competent committee and answer questions put by members of that committee.

Article 18

Director

1.   The Agency shall be managed by its Director, who shall act
  in accordance with decisions adopted by the Board of Regulators
  . Without prejudice to the respective powers of the Commission, the Administrative Board and the Board of Regulators, the Director shall ║ seek or take no instructions from any government or from any body.

2.   The Director shall be appointed by the Administrative Board
  upon the assent of the Board of Regulators
  , on the basis of merit as well as skills and experience
  relevant to the energy sector
  , from a list of
  a minimum of
  two candidates proposed by the Commission, following a
  public
  call for expression of interest. Before appointment, the candidate selected by the Administrative Board
  shall
  be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members
  and shall be subject to a vote of approval by the European Parliament
  .

3.   The Director's term of office shall be five years. In the course of the nine months preceding the end of that period, the Commission shall undertake an
  assessment
  . In that

  assessment
  , the Commission shall
  examine,
  in particular:

| (a) | the performance of the Director; and |
| --- | --- |

(a)

the performance of the Director; and

| (b) | the Agency's duties and requirements in the coming years. |
| --- | --- |

(b)

the Agency's duties and requirements in the coming years.

4.   The Administrative Board, acting on a proposal from the Commission,
  after having consulted and given the utmost consideration to the opinion of the Board of Regulators,
  taking into account the
  assessment
  report and only in those cases where it can be justified by the duties and requirements of the Agency, may extend the term of office of the Director once, for no longer than three years.

5.   The Administrative Board shall inform the European Parliament about its intention to extend the Director's term of office. Within a month before the extension of his/her term of office, the director may be invited to make a statement before the competent committee of the Parliament and answer questions put by its members.
  Such an extension of the Director's term of office shall be subject to a vote of approval by the European Parliament.

6.   If the term of office is not extended, the Director shall remain in office until the appointment of his/her successor.

7.   The Director may be removed from office only by a decision by the Administrative Board and with

  the assent of
  the Board of Regulators. The Administrative Board shall reach its decision on the basis of a
  two-thirds
  majority of ▐ of its members.

8
  .   
  In addition to the requirement set out in Article 14(10),
  the European Parliament and the Council may call upon the Director to submit a report on the performance of his/her duties.

Article 19

Tasks of the Director

1.   The Director shall be responsible for representing the Agency and shall be in charge of its management.

2.   The Director shall prepare the work of the Administrative Board. He/she shall participate, without having the right to vote, in the work of the Administrative Board.

3.   The Director
  shall adopt
  the opinions, recommendations and decisions referred to in
  Articles 5 to 11
  , subject to the assent of the Board of Regulators.

4.   The Director shall be responsible for implementing the annual work programme of the Agency under the guidance of the Board of Regulators and under the administrative control of the Administrative Board.

5
  .   
  The European Parliament may invite the Director to make a statement before its competent committee and answer questions put by members of that committee.

6.   The Director shall take the necessary measures, notably adopting internal administrative instructions and the publication of notices, to ensure the functioning of the Agency in accordance with this Regulation.

7.   ║ The Director shall prepare an annual draft work programme of the Agency for the following year, and submit it to the Board of Regulators
  , the European Parliament
  and ║ the Commission before 30 June of that year.
  The European Parliament shall draw up recommendations for the work programme.

8.   The Director shall make an estimate of the revenue and expenditure of the Agency pursuant to Article 30 and shall implement the budget of the Agency pursuant to Article 26.

9.   Each year the Director shall prepare a draft annual report with a section on the regulatory activities of the Agency and a section on financial and administrative matters.

10.   With regard to the staff of the Agency, the Director shall exercise the powers provided for in Article 30(3).

Article 20

Board of Appeal

1.   The Board of Appeal shall be composed of six members and six alternates selected from among current or former senior staff of the national regulatory authorities, competition authorities or other national or Community institutions with relevant experience in the energy sector. The Board of Appeal shall designate its Chairperson. The decisions of the Board of Appeal shall be adopted on the basis of a qualified majority of at least four out of its six members. The Board of Appeal shall be convened when necessary.

2.   The members of the Board of Appeal shall be appointed by the Administrative Board, on a proposal from the Commission, following a
  public
  call for expression of interest, after consulting the Board of Regulators.
  Before their appointment, the candidates selected by the Administrative Board shall make a statement before the competent committee of the European Parliament and answer questions put by the members of that committee.

3.   The term of office of the members of the Board of Appeal shall be five years. That term shall be renewable. The members of the Board of Appeal shall be independent in making their decisions; they shall not be bound by any instructions. They may not perform any other duties in the Agency, in its Administrative Board or in its Board of Regulators. A member of the Board of Appeal may not be removed during his/her term of office, unless he/she has been found guilty of serious misconduct, and the Administrative Board, after consulting the Board of Regulators, takes a decision to that effect.

4.   Members of the Board of Appeal may not take part in any appeal proceedings if they have any personal interest therein, ║ if they were previously been involved as representatives of one of the parties to the proceedings, or if they participated in the decision under appeal.

5.   If, for one of the reasons referred to in paragraph 4 or for any other reason, a member of a Board of Appeal considers that a fellow member should not take part in any appeal proceedings, the member shall inform the Board of Appeal accordingly. Any party to the appeal proceedings may object to a member of the Board of Appeal ║ on any of the grounds referred to in paragraph 4, or if the member is suspected of partiality. Such an objection shall not be based on the nationality of the member and shall ║ be inadmissible if, while ║ aware of a reason for objecting, the party to the appeal proceedings objecting to the member has taken a procedural step.

6.   The Board of Appeal shall decide as to the action to be taken in the cases specified in paragraphs 4 and 5 without the participation of the member concerned. For the purposes of taking that decision, the member concerned shall be replaced on the Board of Appeal by his/her alternate, unless the alternate finds himself in a similar situation. Should this be the case, the Chairperson shall designate a replacement from among the available alternates.

7
  .   
  The European Parliament may invite any member or members of the Board of Appeal to make a statement before its competent committee and answer questions put by members of that committee.

Article 21

Appeals

1.   Any natural or legal person may appeal against a decision as referred to in Articles 7 or 8 and which is addressed to that person, or against a decision which, although in the form of a decision addressed to another person, is of direct and individual concern to that person.

2.   The appeal, together with the statement of grounds thereof, shall be filed in writing at the Agency within two months of the notification of the decision to the person concerned, or, in the absence thereof, within two months of the publication of the decision by the Agency. The Board of Appeal shall decide upon the appeal within two months of the lodging of the appeal.

3.   An appeal lodged pursuant to paragraph 1 shall not have suspensory effect. The Board of Appeal may, however, if it considers that circumstances so require, suspend the application of the contested decision.

4.   If the appeal is admissible, the Board of Appeal shall examine whether it is well-founded. It shall invite the parties as often as necessary to the appeal proceedings to file observations on notifications issued by itself or on communications from the other parties to the appeal proceedings, within specified time limits. Parties to the appeal proceedings shall be entitled to make an oral presentation.

5.   The Board of Appeal may, within the terms of this Article, exercise any power which lies within the competence of the Agency, or it may remit the case to the competent body of the Agency. The latter shall be bound by the decision of the Board of Appeal.

6.   The Board of Appeal shall adopt its rules of procedure.

Article 22

Actions before the Court of First Instance and the Court of Justice

1.   An action may be brought before the Court of First Instance of the Court of Justice, in accordance with Article 230 of the Treaty, contesting a decision taken by the Board of Appeal or, in cases where there is no right of appeal to the Board of Appeal, by the Agency.

2.   Should the Agency fail to take a decision, proceedings for failure to act may be brought before the Court of First Instance or the Court of Justice in accordance with Article 232 of the Treaty.

3.   The Agency shall be required to take the necessary measures to comply with a judgment of the Court of First Instance or the Court of Justice.

Article 23

Budget of the Agency

1.   The revenues of the Agency shall comprise, notably ║:

| (a) | a subsidy from the Community, entered
  under the appropriate headings of
  the general budget of the European Union (Commission Section)
  , as decided by the European Parliament and the Council (hereinafter referred to as the ‘budgetary authority’) and in accordance with point 47 of the Interinstitutional Agreement
  ; |
| --- | --- |

(a)

a subsidy from the Community, entered
  under the appropriate headings of
  the general budget of the European Union (Commission Section)
  , as decided by the European Parliament and the Council (hereinafter referred to as the ‘budgetary authority’) and in accordance with point 47 of the Interinstitutional Agreement
  ;

| (b) | the fees paid to the Agency pursuant to Article 24; |
| --- | --- |

(b)

the fees paid to the Agency pursuant to Article 24;

| (c) | a financial
  contribution from
  each of the national
  regulatory authorities
  , from every Member State
  ; |
| --- | --- |

(c)

a financial
  contribution from
  each of the national
  regulatory authorities
  , from every Member State
  ;

| (d) | any proposed alternative financing methods, notably through a charge on the flows of electricity and gas; and |
| --- | --- |

(d)

any proposed alternative financing methods, notably through a charge on the flows of electricity and gas; and

| (e) | any legacies, donations or grants as referred to in Article 14(5). |
| --- | --- |

(e)

any legacies, donations or grants as referred to in Article 14(5).

The Board of Regulators shall agree by ... (11) the level of the financial contribution to be made by each Member State under point (c).

2.   The expenditure shall cover staff, administrative, infrastructure, and operational expenses.

3.   Revenue and expenditure shall be in balance.

4.   All Agency revenue and expenditure shall be the subject of forecasts for each financial year, coinciding with the calendar year, and shall be entered in its budget.

Article 24

Fees

1.   Fees shall be due to the Agency for requesting an exemption decision pursuant to Article 8(1)
  or specific or special advice, recommendations, decisions or monitoring tasks in relation to the European networks of transmission system operators for electricity and gas
  .

2.   The ║ fees referred to in paragraph 1 shall be set by the Commission.

Article 25

Establishment of the budget

1.   By 15 February of each year at the latest, the Director shall drawn up a preliminary draft budget covering the operational expenditure and the programme of work anticipated for the following financial year, and shall forward this preliminary draft to the Administrative Board, together with a list of provisional posts. Each year the Administrative Board shall, on the basis of the draft prepared by the Director, make an estimate of revenue and expenditure of the Agency for the following financial year. That estimate, including a draft establishment plan, shall be transmitted by the Administrative Board to the Commission by 31 March at the latest. Prior to adoption of the estimate, the draft prepared by the Director shall be transmitted to the Regulatory Board, which may deliver
  a reasoned
  opinion on the draft.

2.   The estimate shall be transmitted by the Commission to the ║ budgetary authority ║ together with the preliminary draft general budget of the European Union.

3.   On the basis of the estimates, the Commission shall enter in the preliminary draft general budget of the European Union the forecasts it considers necessary in respect of the establishment plan and the amount of the grant to be charged to the general budget in accordance with Article 272 of the Treaty.

4.   The budgetary authority shall adopt the establishment plan for the Agency.

5.   The budget of the Agency shall be drawn up by the Administrative Board. It shall become final after the final adoption of the general budget of the European Union. Where necessary, it shall be adjusted accordingly.

6.   The Administrative Board shall, without delay, notify the budgetary authority of its intention to implement any project which may have significant financial implications for the funding of its budget, in particular any project relating to property such as the renting or purchase of buildings. The Administrative Board shall also inform the Commission thereof. If either branch of the budgetary authority intends to issue an opinion, it shall notify the Agency of its intention to do so within two weeks after receipt of the information on the building project. In the absence of a reply to such notification, the Agency may proceed with the implementation of the project.

Article 26

Implementation and control of the budget

1.   The Director shall act as authorising officer and shall implement the Agency's budget.

2.   By 1 March at the latest following the completion of each financial year, the Agency accounting officer shall forward to the Commission's accounting officer and the Court of Auditors the provisional accounts, accompanied by the report on budgetary and financial management over the financial year. The Agency accounting officer shall also send the report on budgetary and financial management to the European Parliament and the Council by 31 March of the following year at the latest. The Commission's accounting officer shall then consolidate the provisional accounts of the Community institutions and decentralised bodies in accordance with Article 128 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities
   (12).

3.   By 31 March at the latest following the completion of each financial year, the Commission's accounting officer shall forward the provisional accounts of the Agency, accompanied by the report on budgetary and financial management over the financial year, to the Court of Auditors. The report on budgetary and financial management over the financial year shall also be forwarded to the European Parliament and the Council.

4.   After receiving the observations of the Court of Auditors on the provisional accounts of the Agency in accordance with the provisions of Article 129 of Regulation (EC, Euratom) No 1605/2002, the Director, acting on his/her own responsibility, shall draw up the final accounts of the Agency and transmit them, for opinion, to the Administrative Board.

5.   The Administrative Board shall deliver an opinion on the final accounts of the Agency.

6.   The Director shall transmit those final accounts, accompanied by the opinion of the Administrative Board, no later than 1 July following the completion of the financial year, to the European Parliament, the Council, the Commission and the Court of Justice.

7.   The final accounts shall be published.

8.   The Director shall send the Court of Auditors a reply to the latter's observations by 15 October at the latest. He/she shall also send a copy of this reply to the Administrative Board and the Commission.

9.   The Director shall submit to the European Parliament, at the latter's request and as provided for in Article 146(3) of Regulation (EC, Euratom) No 1605/2002, any information necessary for the smooth running of the discharge procedure for the financial year in question.

10.   The European Parliament, following a recommendation from the Council and acting on a qualified majority, shall, before 15 May of the year N + 2, grant a discharge to the Director for the implementation of the budget for the financial year N.

Article 27

Financial rules

The financial rules applicable to the Agency shall be drawn up by the Administrative Board after consulting the Commission. Those rules may deviate from ║ Regulation (EC, Euratom) No 2343/2002 if the specific operational needs for the functioning of the Agency so require and only with the prior agreement of the Commission.

Article 28

Anti-fraud measures

1.   For the purposes of combating fraud, corruption and other illegal acts, the provisions of Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)
   (13) shall apply to the Agency without any restriction.

2.   The Agency shall accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-fraud Office (OLAF) (14) and shall immediately adopt appropriate provisions for all staff of the Agency.

3.   The funding decisions and the agreements and the implementing instruments resulting from them shall explicitly stipulate that the Court of Auditors and OLAF may, if need be, carry out on-the-spot checks on the beneficiaries of monies disbursed by the Agency as well as on the staff responsible for allocating these monies.

Article 29

Privileges and immunities

The Protocol on Privileges and Immunities of the European Communities shall apply to the Agency.

Article 30

Staff

1.   The Staff Regulations of Officials of the European Communities, the Conditions of employment of other servants of the European Communities and the rules adopted jointly by the ║ Community institutions for the purpose of applying these staff regulations and conditions of employment shall apply to the staff of the Agency.

2.   The Administrative Board, in agreement with the Commission, shall adopt the necessary implementing measures, in accordance with the arrangements provided for in Article 110 of the Staff Regulations of officials of the European Communities.

3.   In respect of its staff, the Agency shall exercise the powers conferred on the appointing authority by the Staff Regulations of officials of the European Communities and on the authority entitled to conclude contracts by the Conditions of Employment of other servants of the European Communities.

4.   The Administrative Board may adopt provisions to allow national experts from Member States to be employed on secondment at the Agency
  in exceptional cases
  .

Article 31

Liability of the Agency

1.   In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by it or by its staff in the performance of their duties. The Court of Justice ║ shall have jurisdiction in any dispute over the remedying of such damage.

2.   The personal financial liability and disciplinary liability of Agency staff towards the Agency shall be governed by the relevant provisions applying to the staff of the Agency.

Article 32

Access to documents

1.   Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents
   (15) shall apply to documents held by the Agency.

2.   The Administrative Board shall adopt practical measures for applying Regulation (EC) No 1049/2001 within six months from the date of entry into force of this Regulation.

3.   Decisions taken by the Agency pursuant to Article 8 of Regulation (EC) No 1049/2001 may be the subject of a complaint to the Ombudsman or of proceedings before the Court of Justice, in accordance with the conditions laid down, respectively, in Articles 195 and 230 ║ of the Treaty.

Article 33

Participation of third countries

The Agency shall be open to the participation of countries which are not members of the European Union and which have concluded agreements with the Community to this effect. Under the relevant provisions of those agreements, arrangements shall be made specifying, in particular, the nature, scope and procedural aspects of the involvement of these countries in the work of the Agency, including provisions relating to financial contributions and to staff.

Article 34

Language arrangements

1.   The provisions of Council Regulation No 1 of 15 April 1958determining the languages to be used by the European Economic Community
   (16) shall apply to the Agency.

2.   The Administrative Board shall decide on the internal language arrangements for the Agency.

3.   The translation services required for the functioning of the Agency shall be provided by the Translation Centre for the Bodies of the European Union.

Article 35

Evaluation

1.   The Commission shall carry out an evaluation of the activities of the Agency. This shall cover the results achieved by the Agency and its working methods, in relation with its objective, mandate and tasks defined in this Regulation and in its annual work programmes.
  That evaluation shall be based on extensive consultation.

2.   The first evaluation report shall be presented by the Commission to the European Parliament and the Council no later than

  three years
  after the first director has taken up his/her duties. The Commission shall ║ present an evaluation report at least every
  three years thereafter
  .

Article 36

Entry into force and transitory measures

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

2.   
  Articles 5 to 12
  shall apply as from ... (17)

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

Done at ║

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 211, 19.8.2008, p. 23.

1

(2)  OJ C 172, 5.7.2008, p. 55.

2

(3)  Position of the European Parliament of 18 June 2008.

3

Position of the European Parliament of 18 June 2008.

(4)  OJ L 296, 14.11.2003, p. 34.

4

(5)  OJ L 176, 15.7.2003, p. 37.

5

(6)  OJ L 176, 15.7.2003, p. 57.

6

(7)  OJ L 357, 31.12.2002, p. 72.

7

(8)  
  OJ L 176, 15.7.2003, p. 1.

8

OJ L 176, 15.7.2003, p. 1.

(9)  
  OJ L 289, 3.11.2005, p. 1.

9

OJ L 289, 3.11.2005, p. 1.

(10)  

  OJ L 262, 22.9.2006, p. 1

  .

10

OJ L 262, 22.9.2006, p. 1

(11)  
  12 months after entry into force of this Regulation.

11

12 months after entry into force of this Regulation.

(12)  OJ L 248, 16.9.2002, p. 1.

12

(13)  OJ L 136, 31.5.1999, p. 1.

13

(14)  OJ L 136, 31.5.1999, p. 15.

14

(15)  OJ L 145, 31.5.2001, p. 43.

15

(16)  
  OJ 17, 6.10.1958, p. 385/58.

16

OJ 17, 6.10.1958, p. 385/58.

(17)  18 months from entry into force of this Regulation.

17

18 months from entry into force of this Regulation

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/169 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/169

---

Wednesday 18 June 2008Protection of pedestrians and other vulnerable road users ***I

P6_TA(2008)0297

European Parliament legislative resolution of 18 June 2008 on the proposal for a regulation of the European Parliament and of the Council on the protection of pedestrians and other vulnerable road users (COM(2007)0560 — C6-0331/2007 — 2007/0201(COD))

2009/C 286 E/46

(Codecision procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0560),

having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0331/2007),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Transport and Tourism (A6-0081/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

Wednesday 18 June 2008P6_TC1-COD(2007)0201

Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No .../2008.)

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/170 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/170

---

Wednesday 18 June 2008Adaptation of a number of instruments to the regulatory procedure with scrutiny, ‘omnibus’ Regulation, Part One ***I

P6_TA(2008)0298

European Parliament legislative resolution of 18 June 2008 on the proposal for a regulation of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny — Part One (COM(2007)0741 — C6-0432/2007 — 2007/0262(COD))

2009/C 286 E/47

(Codecision procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0741),

having regard to Article 251(2) and Articles 40, 47(1) and (2), first and third sentences, 55, 71, 80(2), 95, 100, 137(2), 156, 175(1) and 285 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0432/2007),

having regard to the undertakings given by the Council representative by letter of 28 May 2008 to adopt the proposal as amended, in accordance with Article 251(2), second subparagraph, first indent of the EC Treaty,

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on International Trade, 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 the Internal Market and Consumer Protection, the Committee on Transport and Tourism, the Committee on Regional Development and the Committee on Agriculture and Rural Development (A6-0088/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

Wednesday 18 June 2008P6_TC1-COD(2007)0262

Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part One

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 1137/2008.)

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/171 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/171

---

Wednesday 18 June 2008Adaptation of a number of instruments to the regulatory procedure with scrutiny, omnibus Regulation, Part Three ***I

P6_TA(2008)0299

European Parliament legislative resolution of 18 June 2008 on the proposal for a regulation of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny — Part Three (COM(2007)0822 — C6-0474/2007 — 2007/0282(COD))

2009/C 286 E/48

(Codecision procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0822),

having regard to Article 251(2) and Article 61(c), Article 63, first paragraph, point 1(a), and Article 67 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0474/2007),

having regard to the undertakings given by the Council representative by letter of 28 May 2008 to adopt the proposal without amendments, in accordance with Article 251(2), second subparagraph, second indent of the EC Treaty,

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0086/2008),

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/171 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/171

---

Wednesday 18 June 2008Autonomous Community tariff quotas on imports of certain fishery products into the Canary Islands *

P6_TA(2008)0300

European Parliament legislative resolution of 18 June 2008 on the proposal for a Council regulation opening and providing for the administration of autonomous Community tariff quotas on imports of certain fishery products into the Canary Islands (COM(2008)0129 — C6-0153/2008 — 2008/0054(CNS))

2009/C 286 E/49

(Consultation procedure)

The European Parliament,

having regard to the Commission proposal to the Council (COM(2008)0129),

having regard to Article 299(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0153/2008),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Regional Development (A6-0213/2008),

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

2.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 3. | Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 5. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and the Commission.

---

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/172 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/172

---

Wednesday 18 June 2008Statute of the European Ombudsman

P6_TA(2008)0301

European Parliament resolution of 18 June 2008 on the adoption of a decision of the European Parliament amending its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (2006/2223(INI))

2009/C 286 E/50

The European Parliament,

having regard to the letter from the European Ombudsman to its President of 11 July 2006,

having regard to the letter of 21 September 2006 from its President to its Committee on Constitutional Affairs,

having regard to Article 195(4) of the EC Treaty,

having regard to Article 107d(4) of the Euratom Treaty,

having regard to its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (1), as incorporated into Annex X to Parliament's Rules of Procedure,

having regard to the opinion by the Commission on the draft decision amending its Decision 94/262/ECSC, EC, Euratom as approved at its sitting of 22 April 2008 (2),

having regard to the approval by the Council of the amended draft decision as resulting from the vote,

having regard to Rule 45(2) of its Rules of Procedure,

having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Petitions (A6-0076/2008),

| 1. | Adopts the decision amending its Decision 94/262/ECSC, EC, Euratom; |
| --- | --- |

1.

Adopts the decision amending its Decision 94/262/ECSC, EC, Euratom;

| 2. | Instructs its President to publish in the texts adopted the final version of the decision amending its Decision 94/262/ECSC, EC, Euratom as resulting from its votes on 22 April 2008 and 18 June 2008 and to forward it together with this resolution to the Council and the Commission; |
| --- | --- |

2.

Instructs its President to publish in the texts adopted the final version of the decision amending its Decision 94/262/ECSC, EC, Euratom as resulting from its votes on 22 April 2008 and 18 June 2008 and to forward it together with this resolution to the Council and the Commission;

| 3. | Instructs its President to ensure the publication in good time of its decision amending Decision 94/262/ECSC, EC, Euratom in the Official Journal of the European Union. |
| --- | --- |

3.

Instructs its President to ensure the publication in good time of its decision amending Decision 94/262/ECSC, EC, Euratom in the Official Journal of the European Union.

---

(1)  OJ L 113, 4.5.1994, p. 15. Decision as amended by Decision 2002/262/EC, ECSC, Euratom (OJ L 92, 9.4.2002, p. 13).

(2)  2 Texts Adopted, P6_TA(2008)0129.

---

Wednesday 18 June 2008Decision of the European Parliament amending Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties

THE EUROPEAN PARLIAMENT,

Having regard to the Treaty establishing the European Community, and in particular Article 195(4) thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 107d(4) thereof,

Having regard to the draft decision approved by the European Parliament on 22 April 2008 (1) and to the amendments approved on 18 June 2008 (1)

Having regard to the opinion of the Commission,

With the approval of the Council (2),

Whereas:

| (1) | The Charter of Fundamental Rights of the European Union recognises the right to good administration as a fundamental right of citizens of the Union. |
| --- | --- |

(1)

The Charter of Fundamental Rights of the European Union recognises the right to good administration as a fundamental right of citizens of the Union.

| (2) | Citizens’ confidence in the capacity of the Ombudsman to conduct thorough and impartial inquiries in alleged cases of maladministration is fundamental to the success of the Ombudsman's action. |
| --- | --- |

(2)

Citizens’ confidence in the capacity of the Ombudsman to conduct thorough and impartial inquiries in alleged cases of maladministration is fundamental to the success of the Ombudsman's action.

| (3) | It is desirable to adapt the Statute of the Ombudsman in order to eliminate any possible uncertainty concerning the capacity of the Ombudsman to conduct thorough and impartial inquiries in alleged cases of maladministration. |
| --- | --- |

(3)

It is desirable to adapt the Statute of the Ombudsman in order to eliminate any possible uncertainty concerning the capacity of the Ombudsman to conduct thorough and impartial inquiries in alleged cases of maladministration.

| (4) | It is desirable to adapt the Statute of the Ombudsman in order to allow for any possible evolution of the legal provisions or of case law concerning the intervention of bodies, offices and agencies of the European Union in cases before the Court of Justice. |
| --- | --- |

(4)

It is desirable to adapt the Statute of the Ombudsman in order to allow for any possible evolution of the legal provisions or of case law concerning the intervention of bodies, offices and agencies of the European Union in cases before the Court of Justice.

| (5) | It is desirable to adapt the Statute of the Ombudsman to take account of the changes that have occurred in recent years as regards the role of EU institutions and bodies in combating fraud against the financial interests of the European Union, notably the creation of the European Anti-Fraud Office (OLAF), so as to allow the Ombudsman to notify those institutions or bodies of any information falling within their remit. |
| --- | --- |

(5)

It is desirable to adapt the Statute of the Ombudsman to take account of the changes that have occurred in recent years as regards the role of EU institutions and bodies in combating fraud against the financial interests of the European Union, notably the creation of the European Anti-Fraud Office (OLAF), so as to allow the Ombudsman to notify those institutions or bodies of any information falling within their remit.

| (6) | It is desirable to take steps so as to allow the Ombudsman to develop his or her cooperation with similar institutions at national and international level as well as with national or international institutions even where they cover a wider range of activities than the European Ombudsman — such as the protection of human rights –, since such cooperation may make a positive contribution towards enhancing the efficiency of the Ombudsman's action. |
| --- | --- |

(6)

It is desirable to take steps so as to allow the Ombudsman to develop his or her cooperation with similar institutions at national and international level as well as with national or international institutions even where they cover a wider range of activities than the European Ombudsman — such as the protection of human rights –, since such cooperation may make a positive contribution towards enhancing the efficiency of the Ombudsman's action.

| (7) | The Treaty establishing the European Coal and Steel Community expired in 2002, |
| --- | --- |

(7)

The Treaty establishing the European Coal and Steel Community expired in 2002,

HAS DECIDED AS FOLLOWS:

Article 1

Amendments to Decision 94/262/ECSC, EC, Euratom

Decision 94/262/ECSC, EC, Euratom is hereby amended as follows:

| 1. | In Citation 1, the words ‘, Article 20d(4) of the Treaty establishing the European Coal and Steel Community’ shall be deleted; |
| --- | --- |

1.

In Citation 1, the words ‘, Article 20d(4) of the Treaty establishing the European Coal and Steel Community’ shall be deleted;

| 2. | Recital 3 shall be replaced by the following:
  ‘Whereas the Ombudsman, who may also act on his own initiative, must have access to all the elements required for the performance of his duties; whereas to that end Community institutions and bodies are obliged to supply the Ombudsman, at his request, with any information which he requests of them and without prejudice to the Ombudsman's obligation not to divulge such information; whereas access to classified information or documents, in particular to sensitive documents within the meaning of Article 9 of Regulation (EC) No 1049/2001 (3), should be subject to compliance with the rules on security of the Community institution or body concerned; whereas the institutions or bodies supplying classified information or documents as mentioned in the first subparagraph of Article 3(2) should inform the Ombudsman of such classification; whereas for the implementation of the rules provided for in the first subparagraph of Article 3(2), the Ombudsman should have agreed in advance with the institution or body concerned the conditions for treatment of classified information or documents and other information covered by the obligation of professional secrecy; whereas if the Ombudsman finds that the assistance requested is not forthcoming, he shall inform the European Parliament, which shall make appropriate representations;’ |
| --- | --- |

2.

Recital 3 shall be replaced by the following:

‘Whereas the Ombudsman, who may also act on his own initiative, must have access to all the elements required for the performance of his duties; whereas to that end Community institutions and bodies are obliged to supply the Ombudsman, at his request, with any information which he requests of them and without prejudice to the Ombudsman's obligation not to divulge such information; whereas access to classified information or documents, in particular to sensitive documents within the meaning of Article 9 of Regulation (EC) No 1049/2001 (3), should be subject to compliance with the rules on security of the Community institution or body concerned; whereas the institutions or bodies supplying classified information or documents as mentioned in the first subparagraph of Article 3(2) should inform the Ombudsman of such classification; whereas for the implementation of the rules provided for in the first subparagraph of Article 3(2), the Ombudsman should have agreed in advance with the institution or body concerned the conditions for treatment of classified information or documents and other information covered by the obligation of professional secrecy; whereas if the Ombudsman finds that the assistance requested is not forthcoming, he shall inform the European Parliament, which shall make appropriate representations;’

| 3. | In Article 1(1), the words ‘, Article 20d(4) of the Treaty establishing the European Coal and Steel Community’ shall be deleted; |
| --- | --- |

3.

In Article 1(1), the words ‘, Article 20d(4) of the Treaty establishing the European Coal and Steel Community’ shall be deleted;

| 4. | Article 3(2) shall be replaced by the following:
  ‘2.   The Community institutions and bodies shall be obliged to supply the Ombudsman with any information he has requested from them and give him access to the files concerned. Access to classified information or documents, in particular to sensitive documents within the meaning of Article 9 of Regulation (EC) No 1049/2001, shall be subject to compliance with the rules on security of the Community institution or body concerned.
  The institutions or bodies supplying classified information or documents as mentioned in the previous subparagraph shall inform the Ombudsman of such classification.
  For the implementation of the rules provided for in the first subparagraph, the Ombudsman shall have agreed in advance with the institution or body concerned the conditions for treatment of classified information or documents and other information covered by the obligation of professional secrecy.
  The institutions or bodies concerned shall give access to documents originating in a Member State and classed as secret by law or regulation only where that Member State has given its prior agreement.
  They shall give access to other documents originating in a Member State after having informed the Member State concerned.
  In both cases, in accordance with Article 4, the Ombudsman may not divulge the content of such documents.
  Officials and other servants of Community institutions and bodies must testify at the request of the Ombudsman; they shall continue to be bound by the relevant rules of the Staff Regulations, notably their duty of professional secrecy.’ |
| --- | --- |

4.

Article 3(2) shall be replaced by the following:

‘2.   The Community institutions and bodies shall be obliged to supply the Ombudsman with any information he has requested from them and give him access to the files concerned. Access to classified information or documents, in particular to sensitive documents within the meaning of Article 9 of Regulation (EC) No 1049/2001, shall be subject to compliance with the rules on security of the Community institution or body concerned.

The institutions or bodies supplying classified information or documents as mentioned in the previous subparagraph shall inform the Ombudsman of such classification.

For the implementation of the rules provided for in the first subparagraph, the Ombudsman shall have agreed in advance with the institution or body concerned the conditions for treatment of classified information or documents and other information covered by the obligation of professional secrecy.

The institutions or bodies concerned shall give access to documents originating in a Member State and classed as secret by law or regulation only where that Member State has given its prior agreement.

They shall give access to other documents originating in a Member State after having informed the Member State concerned.

In both cases, in accordance with Article 4, the Ombudsman may not divulge the content of such documents.

Officials and other servants of Community institutions and bodies must testify at the request of the Ombudsman; they shall continue to be bound by the relevant rules of the Staff Regulations, notably their duty of professional secrecy.’

| 5. | Article 4 shall be replaced by the following:

  ‘Article 4

  1.   The Ombudsman and his staff, to whom Article 287 of the Treaty establishing the European Community and Article 194 of the Treaty establishing the European Atomic Energy Community shall apply, shall be required not to divulge information or documents which they obtain in the course of their inquiries. They shall, in particular, be required not to divulge any classified information or any document supplied to the Ombudsman, in particular sensitive documents within the meaning of Article 9 of Regulation (EC) No 1049/2001, or documents falling within the scope of Community legislation regarding the protection of personal data, as well as any information which could harm the person lodging the complaint or any other person involved, without prejudice to paragraph 2.
  2.   If, in the course of inquiries, he learns of facts which he considers might relate to criminal law, the Ombudsman shall immediately notify the competent national authorities via the Permanent Representations of the Member States to the European Communities and, in so far as the case falls within its powers, the competent Community institution, body or service in charge of combating fraud; if appropriate, the Ombudsman shall also notify the Community institution or body with authority over the official or servant concerned, which may apply the second paragraph of Article 18 of the Protocol on the Privileges and Immunities of the European Communities. The Ombudsman may also inform the Community institution or body concerned of the facts calling into question the conduct of a member of their staff from a disciplinary point of view.’ |
| --- | --- |

5.

Article 4 shall be replaced by the following:

‘Article 4

1.   The Ombudsman and his staff, to whom Article 287 of the Treaty establishing the European Community and Article 194 of the Treaty establishing the European Atomic Energy Community shall apply, shall be required not to divulge information or documents which they obtain in the course of their inquiries. They shall, in particular, be required not to divulge any classified information or any document supplied to the Ombudsman, in particular sensitive documents within the meaning of Article 9 of Regulation (EC) No 1049/2001, or documents falling within the scope of Community legislation regarding the protection of personal data, as well as any information which could harm the person lodging the complaint or any other person involved, without prejudice to paragraph 2.

2.   If, in the course of inquiries, he learns of facts which he considers might relate to criminal law, the Ombudsman shall immediately notify the competent national authorities via the Permanent Representations of the Member States to the European Communities and, in so far as the case falls within its powers, the competent Community institution, body or service in charge of combating fraud; if appropriate, the Ombudsman shall also notify the Community institution or body with authority over the official or servant concerned, which may apply the second paragraph of Article 18 of the Protocol on the Privileges and Immunities of the European Communities. The Ombudsman may also inform the Community institution or body concerned of the facts calling into question the conduct of a member of their staff from a disciplinary point of view.’

| 6. | The following Article 4a shall be inserted:

  ‘Article 4a

  The Ombudsman and his staff shall deal with requests for public access to documents, other than those referred to in Article 4(1), in accordance with the conditions and limits provided for in Regulation (EC) No 1049/2001.’ |
| --- | --- |

6.

The following Article 4a shall be inserted:

‘Article 4a

The Ombudsman and his staff shall deal with requests for public access to documents, other than those referred to in Article 4(1), in accordance with the conditions and limits provided for in Regulation (EC) No 1049/2001.’

| 7. | Article 5 shall be replaced by the following:

  ‘Article 5

  1.   In so far as it may help to make his enquiries more efficient and better safeguard the rights and interests of persons who make complaints to him, the Ombudsman may cooperate with authorities of the same type in certain Member States provided he complies with the national law applicable. The Ombudsman may not by this means demand to see documents to which he would not have access under Article 3.
  2.   Within the scope of his functions as laid down in Article 195 of the Treaty establishing the European Community and Article 107d of the Treaty establishing the European Atomic Energy Community and avoiding any duplication with the activities of the other institutions or bodies, the Ombudsman may, under the same conditions, cooperate with institutions and bodies of Member States in charge of the promotion and protection of fundamental rights.’ |
| --- | --- |

7.

Article 5 shall be replaced by the following:

‘Article 5

1.   In so far as it may help to make his enquiries more efficient and better safeguard the rights and interests of persons who make complaints to him, the Ombudsman may cooperate with authorities of the same type in certain Member States provided he complies with the national law applicable. The Ombudsman may not by this means demand to see documents to which he would not have access under Article 3.

2.   Within the scope of his functions as laid down in Article 195 of the Treaty establishing the European Community and Article 107d of the Treaty establishing the European Atomic Energy Community and avoiding any duplication with the activities of the other institutions or bodies, the Ombudsman may, under the same conditions, cooperate with institutions and bodies of Member States in charge of the promotion and protection of fundamental rights.’

Article 2

This decision shall be published in the Official Journal of the European Union.

Article 3

This decision shall enter into force fourteen days after its publication in the Official Journal of the European Union.

Done at Strasbourg,

For the European Parliament

The President

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(1)  Not yet published in OJ.

1

(2)  Decision of the Council of 12 June 2008.

2

(3)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

3

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Thursday 19 June 2008

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/177 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/177

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Thursday 19 June 2008Inland transport of dangerous goods ***II

P6_TA(2008)0302

European Parliament legislative resolution of 19 June 2008 on the common position adopted by the Council with a view to the adoption of a directive of the European Parliament and of the Council on the inland transport of dangerous goods (6920/3/2008 — C6-0160/2008 — 2006/0278(COD))

2009/C 286 E/51

(Codecision procedure: second reading)

The European Parliament,

having regard to the Council common position (6920/3/2008 — C6-0160/2008) (1),

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2006)0852),

having regard to Article 251(2) of the EC Treaty,

having regard to Rule 67 of its Rules of Procedure,

having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0227/2008),

| 1. | Approves the common position; |
| --- | --- |

1.

Approves the common position;

| 2. | Notes that the act is adopted in accordance with the common position; |
| --- | --- |

2.

Notes that the act is adopted in accordance with the common position;

| 3. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

3.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 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 have it published in the Official Journal of the European Union; |
| --- | --- |

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 have it published in the Official Journal of the European Union;

| 5. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and the Commission.

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(1)  OJ C 117 E, 14.5.2008, p. 1.

(2)  Texts Adopted, 5.9.2007, P6_TA(2007)0370.

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| 27.11.2009 | EN | Official Journal of the European Union | CE 286/178 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/178

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Thursday 19 June 2008Road infrastructure safety ***I

P6_TA(2008)0303

European Parliament legislative resolution of 19 June 2008 on the proposal for a directive of the European Parliament and of the Council on road infrastructure safety management (COM(2006)0569 — C6-0331/2006 — 2006/0182(COD))

2009/C 286 E/52

(Codecision procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0569),

having regard to Articles 251(2) and 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0331/2006),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Industry, Research and Energy (A6-0050/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

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Thursday 19 June 2008P6_TC1-COD(2006)0182

Position of the European Parliament adopted at first reading on 19 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on road infrastructure safety management

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2008/96/EC.)

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